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Union vs. Delhi Government

This article is based on “Delhi Bill will sow the seeds of absolutism” which was published in The Indian Express on 22/03/2021. It...

22 Mar 2021 Constitutional Amendments
The Big Picture: Reviewing 50% Cap of Reservation

Why in News Recently, a five-judge bench at the Supreme Court has decided to examine whether the 1992 verdict by a nine-judge bench capping quota...

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Time to Review Tenth Schedule

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Structural Issues of Union Territories

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25 Feb 2021 Constitutional Amendments
SC Notice on Plea to Bar Disqualified Legislators

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09 Jan 2021 Constitutional Amendments
Gender Gap and Sensitisation in Judiciary

Why in News Recently, the Attorney General (AG) K K Venugopal, in his written submission to the Supreme Court (SC), has emphasised the need for...

03 Dec 2020 Constitutional Amendments
The Big Picture: Special Marriage Act

Why in News? The Allahabad high Court has recently expressed its concern over the issue of one changing his/her faith just for the sake of...

02 Dec 2020 Constitutional Amendments
Basic Structure Doctrine: Kesavananda Bharati Case

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07 Sep 2020 Constitutional Amendments
Notification of Rules for J&K

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29 Aug 2020 Constitutional Amendments
SC Verdict on Hindu Women’s Inheritance Rights

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12 Aug 2020 Constitutional Amendments
Emergency Provisions

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08 Aug 2020 Constitutional Amendments
Preamble to the Indian Constitution

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27 Jul 2020 Constitutional Amendments
Important Articles from Indian Constitution : Compilation Part II

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21 Jul 2020 Constitutional Amendments
Important Articles from Indian Constitution : Compilation Part I

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16 Jul 2020 Constitutional Amendments
Increased Funding for Panchayats

Why in News Recently, in a meeting with the 15th Finance Commission, the Panchayati Raj Ministry has pitched for a fivefold increase in funding for...

26 Jun 2020 Constitutional Amendments
Anti Defection Law

This article is based on Revolving door: On Manipur politics published in The Hindu on 20/06/2020. It talks about the politics of defection in...

22 Jun 2020 Constitutional Amendments
Year End Review 2019: Ministry of Panchayati Raj

The Ministry of Panchayati Raj (MoPR) is responsible for the work of advocacy, monitoring and implementation of 73rd Constitutional Amendment. The...

13 May 2020 Constitutional Amendments
Basic Structure of Constitution

Why in News The concept of ‘basic structure’ came into existence in the landmark judgment in Kesavananda Bharati vs State of Kerala case...

27 Apr 2020 Constitutional Amendments
Major Constitutional Amendments: Part-3

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12 Mar 2020 Constitutional Amendments
Major Constitutional Amendments: Part-2

Important Amendments Thirty-Ninth Amendment Act, 1975 Reasons: It was enacted in response to the ruling of the Allahabad High Court who...

09 Mar 2020 Constitutional Amendments

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		'title' => 'Union vs. Delhi Government',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/columns/nct-bill-electoral-autocracy-constitutional-democracy-7238825/" target="_blank" rel="noopener"><strong>&ldquo;Delhi Bill will sow the seeds of absolutism&rdquo;</strong> </a>which was published in The Indian Express on 22/03/2021. It talks about the issues related to the recently introduced <strong>Government of National Capital Territory of Delhi (Amendment) Bill, 2021.</strong></p>
</div>
<p>Recently, the Centre government proposed a <a href="/daily-updates/daily-news-analysis/government-of-nct-of-delhi-amendment-bill-2021#:~:text=Recently%2C%20the%20central%20government%20introduced,Territory%20of%20Delhi%20Act%2C%201991." target="_blank" rel="noopener"><strong>Government of National Capital Territory of Delhi (Amendment) Bill, 2021</strong></a> in the parliament. According to the central government, the bill seeks to amend the law relating to the running of the National Capital Territory of Delhi and give effect to the interpretation given by the Supreme Court judgments on Delhi&rsquo;s governance structure.</p>
<p>However, many constitutional experts are of the view that the proposed bill is the very antithesis of what the Court has said. They held that the Bill, if it becomes law, will wholly undermine the Court&rsquo;s efforts to strengthen the elected government vis-&agrave;-vis the appointed Lieutenant Governor.</p>
<h3>Major Amendments Proposed</h3>
<ul style="list-style-type: square;">
<li><strong>Change in Definition of Government:</strong> It defines the term &ldquo;government&rdquo; in the context of laws made by the legislative assembly to be the Lieutenant-Governor (L-G) of Delhi, not the elected government.</li>
<li><strong>Expanding Powers of L-G:</strong> It expands L-G&rsquo;s powers by requiring the elected government to seek L-G&rsquo;s opinion on specific matters. Furter, it is left to L-G to define these &ldquo;matters&rdquo; through a general or specific order.</li>
<li><strong>Weakens Legislative Assembly:</strong> It weakens the powers of the assembly by prohibiting it from making rules for its committees on day-to-day administration.</li>
</ul>
<h3>Supreme Court on Delhi Governance Structure</h3>
<p><strong>Background:</strong> The 69<sup>th</sup> amendment to the Constitution of India inserted<strong> Article 239AA,</strong> which declared the Union Territory of Delhi to be administered by a L-G who works on &lsquo;aid and advice of elected legislative assembly.</p>
<ul style="list-style-type: square;">
<li>However, the &lsquo;aid and advice&rsquo; clause pertains only to matters on which the elected Assembly has powers under the State and Concurrent Lists, but with the exception of <strong>public order, police, and land.</strong></li>
<li>Further, the Article 239AA also notes that L-G has to either act on the aid and advice of the Council of Ministers, or he is bound to implement the decision taken by the President on a reference being made by him.</li>
<li>Also, Article 239AA, empowers the L-G to refer a difference of opinion on &lsquo;any matter&rsquo; with the Council of Ministers to the President.</li>
<li>Thus, this dual control between L-G and the elected government leads to power tussle, which was referred to the Supreme Court in 2018.</li>
</ul>
<p><strong>Supreme Court Judgement:</strong> The Constitution Bench verdict of July 4, 2018, held that the L-G has not been entrusted with any independent decision-making power.</p>
<ul style="list-style-type: square;">
<li>The Court clarified that the power to refer &ldquo;any matter&rdquo; to the President did not mean that &ldquo;every matter&rdquo; .</li>
<li>In other words, the LG cannot refer any matter to the President; he has to employ &ldquo;constitutional objectivity&rdquo; and exercise this power in the rarest of rare situations for sound and valid reasons.</li>
<li>Thus, his concurrence is not needed in every matter, and he can refer matters to the President only in exceptional situations and not in a &ldquo;routine or mechanical manner&rdquo;.</li>
</ul>
<div class="border-bg">
<p><strong>Note</strong></p>
<ul style="list-style-type: square;">
<li>Justice Chandrachud in NCT vs UOI case, 2018 mentioned the term <strong>&ldquo;constitutional objectivity&rdquo;</strong> as the key to checks and balances between the legislature and executive.</li>
<li>Constitutional objectivity ensures that the two operate within their allotted spheres since &ldquo;legitimate constitutional trust&rdquo; is based on distribution and separation of powers with denial of absolute power to anyone functionary being the ultimate goal.</li>
</ul>
</div>
<h3>Arguments Against the Bill</h3>
<ul style="list-style-type: square;">
<li><strong>Against the Spirit of Supreme Court Judgement:</strong> The Bill seeks to declare that in the context of legislation passed by the Delhi Assembly, all references to the &lsquo;government&rsquo; would mean the &ldquo;Lieutenant Governor&rdquo;.<br />
<ul style="list-style-type: circle;">
<li>The guiding principle behind the judgment was that the elected government should not be undermined by the unelected administrator. The Bill takes away almost all the powers of elected representatives.</li>
<li>Thereby, the bill contradicts the 2018 judgment, which unambiguously clarifies that the council of ministers with the chief minister at its helm is the executive head of the government of Delhi.</li>
</ul>
</li>
<li><strong>Rollback of Representative Government:</strong> By conflating the government of Delhi with L-G, the bill blurs the distinction between the elected government and L-G. <br />
<ul style="list-style-type: circle;">
<li>Further, by requiring L-G&rsquo;s opinion before the elected government can take executive action, it effectively renders the elected government powerless.</li>
<li>Moreover, the clause that declares void any rule that empowers the Assembly or its Committees to discuss any matter of day-to-day administration or conduct enquiries amounts to a rollback of representative government.</li>
</ul>
</li>
<li><strong>Centralising India&rsquo;s Federal Polity:</strong> Recently, the central government has taken several steps that undermines the spirit of federalism (Three Farmers&rsquo; laws, Revocation of Article 370, etc.). The bill represents yet another step toward centralizing India&rsquo;s federal polity. <br />
<ul style="list-style-type: circle;">
<li>A recent report held that such bills could strengthen the international perception of <a href="/daily-updates/daily-news-analysis/autocratisation-goes-viral-report" target="_blank" rel="noopener"><strong>India becoming an electoral autocracy.</strong></a></li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Working Through Constitutional Trust:</strong> The apex court had rightly concluded that the scheme set out in the Constitution and the Government of National Capital Territory of Delhi Act, 1991 envisages a collaborative structure that can be worked only through constitutional trust. <br />
<ul style="list-style-type: circle;">
<li>Thus, the Bill should be referred to a select committee and not passed in haste like the Farm Bills.</li>
<li>Evolving consensus in such matters would be consistent both with federalism as well as the high principles laid down by the Supreme Court.</li>
</ul>
</li>
<li><strong>Ensuring Principle of Subsidiarity:</strong> Subsidiarity &mdash; the foundational principle of fiscal federalism &mdash; necessitates empowered sub-national governments.<br />
<ul style="list-style-type: circle;">
<li>Thereby, the central government should move towards allocating greater powers to city governments.</li>
<li>In this context, India should emulate several large megapolis around the globe, from Jakarta and Seoul to London and Paris, which have had strong sub-national governments.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>The fundamental principles of constitutionalism embodies the concept of limited powers as its central idea. To sustain these ethos the highest importance should be given to people who are the real sovereigns and who speak through their elected representatives.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fbfcf7;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>&ldquo;Lieutenant-Governor must reign and not rule is the core principle of the cabinet system of governance&rdquo;. Analyse the statement in the context of the recently introduced Government of National Capital Territory of Delhi (Amendment) Bill, 2021.</p>
</td>
</tr>
</tbody>
</table>
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		'title' => 'The Big Picture: Reviewing 50% Cap of Reservation',
		'description' => '<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/4jAznfPUufo" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<h3>Why in News</h3>
<p>Recently, a five-judge bench at the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong> </a>has decided to examine whether the 1992 verdict by a nine-judge bench capping quota at 50% (<a href="/daily-updates/daily-news-analysis/reservation-review-sc#:~:text=Indra%20Sawhney%20%26%20Others%20vs%20Union,classes%20among%20the%20higher%20castes." target="_blank" rel="noopener"><strong>Indra Sawhney case</strong></a>) needed to be revisited in view of subsequent constitutional amendments and changed social dynamics.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Reservation for Marathas:</strong>
<ul style="list-style-type: circle;">
<li>The court&rsquo;s observation came in a case where a <a href="/to-the-points/Paper2/reservation-in-india" target="_blank" rel="noopener"><strong>reservation</strong></a> for Marathas in Maharashtra caused a breach in the 50% ceiling.</li>
<li>The Maharashtra government decided to grant 16% reservation of total seats to the Marathas.
<ul style="list-style-type: disc;">
<li>However, it was reduced by the Bombay High Court to 12% in govt jobs and 13% in educational institutions.</li>
<li>When the decision was challenged before the Supreme Court, it stayed the former&rsquo;s order.</li>
</ul>
</li>
</ul>
</li>
<li><strong>The Review of 1992 Judgement:</strong>
<ul style="list-style-type: circle;">
<li>If the Supreme Court's five-judge bench accepts that the judgment in the Indra Sawhney case should be modified, the case will have to be<strong> referred to an 11 or 13-judge bench.</strong>
<ul style="list-style-type: disc;">
<li>Only a bench of larger composition can modify a previous judgment of the Supreme Court.</li>
<li>Besides, the extension of the creamy layer concept not just to OBC but also <a href="/daily-updates/daily-news-analysis/national-commission-for-scheduled-castes-1" target="_blank" rel="noopener"><strong>Schedule Caste (SC)</strong> </a>and<a href="/daily-updates/daily-news-analysis/national-commission-for-scheduled-tribes" target="_blank" rel="noopener"><strong> Schedule Tribe (ST)</strong></a> is to be reviewed too.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Questions Raised by Supreme Court:</strong>
<ul style="list-style-type: circle;">
<li>In the purview of increasing reservations by the states, the bench has framed six questions and has issued notices about the same to all the states and UTs. It includes:
<ul style="list-style-type: disc;">
<li>Whether the 1992 verdict needs to be referred to a larger bench in the light of subsequent constitutional amendments, judgements and changed social dynamics of the society.</li>
<li>Other five questions relate to the constitutional validity of the <strong><a href="/important-institutions/drishti-specials-important-institutions-national-institutions/national-commission-for-backward-classes-ncbc" target="_blank" rel="noopener">102<sup>nd</sup> amendment</a> of the constitution.</strong>
<ul style="list-style-type: disc;">
<li>Whether Article 342A of the Constitution abrogates states&rsquo; power to legislate or classify in respect of &ldquo;any backward class of citizens&rdquo; and thereby affects the federal policy/structure of the Constitution of India.</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Constitution and Reservation</h3>
<ul style="list-style-type: square;">
<li><strong>77<sup>th</sup> Constitutional Amendment Act, 1995:</strong> The Indra Sawhney verdict had held there would be reservation only in initial appointments and not promotions.
<ul style="list-style-type: circle;">
<li>However, addition of the<strong> article 16(4A)</strong> to the Constitution, empowered the state to make provisions for reservation in matters of promotion to SC/ST employees, if the state feels they are not adequately represented.</li>
</ul>
</li>
<li><strong>81<sup>st</sup> Constitutional Amendment Act, 2000:</strong> It introduced Article 16(4B), which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year.</li>
<li><strong>85<sup>th</sup> Constitutional Amendment Act, 2001:</strong> It provided for the reservation in promotion can be applied with &lsquo;consequential seniority&rsquo; for the government servants belonging to the SCs and STs with retrospective effect from June 1995.</li>
<li><strong>102<sup>nd</sup>, 103<sup>rd</sup> and 104<sup>th</sup> Amendments:</strong> In the last couple of decades, there have been several amendments to the constitution like the <strong>102<sup>nd</sup> </strong>amendment, <strong>104<sup>th</sup></strong> amendment.
<ul style="list-style-type: circle;">
<li><a href="/daily-updates/daily-news-analysis/constitution-bench-for-ews-quota#:~:text=Key%20Points,and%20Article%2016%20(6)." target="_blank" rel="noopener"><strong>10% reservation for EWS.</strong></a> was made by the <strong>103<sup>rd</sup></strong> amendment to the Constitution.</li>
</ul>
</li>
<li><strong>Article 335:</strong> It says that the claims of SCs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.</li>
</ul>
<h3>The 1992 Judgement and States&rsquo; Adherence</h3>
<ul style="list-style-type: square;">
<li><strong>Indra Sawhney &amp; Others vs Union of India, 1992:</strong> The judgement on Indra Sawhney case was passed on 16 November, 1992.
<ul style="list-style-type: circle;">
<li>It was a<strong> nine-judge verdict</strong> which decisively laid down several landmark propositions such as 50% threshold in reservations.
<ul style="list-style-type: disc;">
<li>It said, &rdquo;Reservation being an extreme form of protective measure should be confined to a minority of seats even though the constitution does not lay down any specific bar, the principle of balancing equality; reservation of any manner shall not exceed 50%&rdquo;.</li>
</ul>
</li>
<li>The concept of<strong> <a href="/daily-updates/daily-news-editorials/creamy-layer-for-sc-s-st-s" target="_blank" rel="noopener">&lsquo;creamy layer&rsquo;</a> </strong>also gained importance through this judgment and provision that reservation for backward classes should be confined to initial appointments only and not extend to promotions.</li>
<li>Earlier, the reservation was meant to be only for SCs and STs. It was the <a href="/daily-updates/daily-news-editorials/30-years-of-mandal-commission" target="_blank" rel="noopener"><strong>Mandal Commission case</strong></a> that brought <strong>Other Backward Classes (OBCs)</strong> under reserved category.</li>
</ul>
</li>
<li><strong>Adherence of the Limit by the States:</strong> Notwithstanding the judgement passed by the Supreme Court, since 1992, many states have passed laws breaching this limit of 50% such as Maharashtra, Telangana, Rajasthan and Madhya Pradesh.
<ul style="list-style-type: circle;">
<li>Besides, Tamil Nadu, Haryana and Chhattisgarh, have also passed similar laws, causing them to exceed the 50% reservation mark.</li>
<li>The apex court has decided to look into Tamil Nadu&rsquo;s 69% quota law after deciding the Maratha quota case.
<ul style="list-style-type: disc;">
<li>The 69% quota in the state pre-dates the Indra Sawhney judgement.</li>
</ul>
</li>
<li>In January 2000, the Governor of the erstwhile state of Andhra Pradesh declared 100% reservation to Scheduled Tribes (ST) candidates in posts of school teachers in Scheduled Areas. However, it was ruled as unconstitutional by the apex court.</li>
</ul>
</li>
<li><strong>50% Reservation Not a Law:</strong> Although the limit of 50% is not set by any statute but it is laid down by the apex court and hence was binding to all the authorities.
<ul style="list-style-type: circle;">
<li>However, the judgement itself said that in <strong>exceptional circumstances,</strong> the percentage can be increased.</li>
<li>The issue that arises with the <strong>&lsquo;exceptional circumstance&rsquo;</strong> is that if it actually exists in a given case or not and if yes then by how much can the limit exceed.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Reviewing the 1992 Judgement:</strong> The Supreme Court shall go a step further and look into the Indra Sawhney case to clear the issues that have arised due to various judgements given by the high courts.
<ul style="list-style-type: circle;">
<li>The reservation facility should be aimed at improving the socio-economic conditions of the marginalised in keeping with their standing in the caste-based census.</li>
</ul>
</li>
<li><strong>Maintaining the Federal Structure:</strong> While deciding the reservation issue, it is also important to take into account whether the states providing reservations to different communities are maintaining the federal structure of the government or destroying it.
<ul style="list-style-type: circle;">
<li>Under Article 341 and <a href="/daily-updates/daily-news-analysis/national-commission-for-scheduled-tribes#:~:text=342(1)%3A%20The%20President,to%20that%20State%20or%20Union" target="_blank" rel="noopener"><strong>Article 342</strong></a>, declaring a particular community as Scheduled Caste (SC) or Scheduled Tribe (ST) it is the power that vests in parliament.</li>
</ul>
</li>
<li><strong>Balancing the Reservation and Merit:</strong> While giving reservation to the communities, the efficiency of the administration has to be looked upon too.
<ul style="list-style-type: circle;">
<li>Reservation beyond the limit will lead to the ignorance of the merit, which will disturb the entire administration.</li>
<li>The sole purpose of reservation is to address the issue of historical wrong done to the less-advantaged communities but the merit beyond a certain point must not be neglected too.</li>
</ul>
</li>
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<p>This article is based on <a href="https://www.thehindu.com/opinion/lead/the-absurdity-of-the-anti-defection-law/article33935666.ece" target="_blank" rel="noopener"><strong>&ldquo;The absurdity of the anti-defection law&rdquo;</strong> </a>which was published in The Hindu on 26/02/2021. It talks about the issues related to anti-defection law.</p>
</div>
<p>Recently, the resignation of MLAs in the Puducherry assembly, yet again, highlighted the absurdity of the <a href="/daily-updates/daily-news-analysis/challenge-to-anti-defection-law" target="_blank" rel="noopener"><strong>anti-defection law</strong></a>. Resignations are done with the intent of lowering the numbers required for a no-confidence motion to succeed. This formula has been seen recently in other states such as Madhya Pradesh and Karnataka.</p>
<p>In this way, no MLA has to face disqualification under the anti-defection law. The anti-defection law was included in the Constitution as the Tenth Schedule in 1985 to combat the &ldquo;evil of political defections.&rdquo;</p>
<p>The primary purpose was to preserve the stability of governments and insulate them from the defections of legislators. However, the law has reduced legislators to being accountable primarily to the party and failed to preserve governments&rsquo; stability.</p>
<h3>Issues Related to Anti-Defection Law</h3>
<ul style="list-style-type: square;">
<li><strong>Undermining Representative Democracy:</strong> There are two broadly accepted roles of a representative, such as an MP in a democracy. One, as agents of the voters, and the other is to exercise their judgment on various issues of public interest.<br />
<ul style="list-style-type: circle;">
<li>After enacting the Anti-defection law, the MP or MLA has to follow the party&rsquo;s direction blindly. This leaves them with absolutely <strong>no freedom to vote their judgment on any issue.</strong></li>
<li>It makes the MP neither a delegate of the constituency nor a national legislator but converts them to be just <strong>agents of the political party.</strong></li>
<li>Thus, this provision goes against the concept of representative democracy.</li>
</ul>
</li>
<li><strong>Eroding Legislatures:</strong> An important consequence of the anti-defection law is the hollowing out of our legislatures. <br />
<ul style="list-style-type: circle;">
<li>The core role of an MP to examine and decide on a policy, bills, and budgets is side-lined.</li>
<li>Instead, the MP becomes just another number to be tallied by the party on any vote that it supports or opposes.</li>
</ul>
</li>
<li><strong>Undermining Parliamentary Democracy:</strong> While introducing the draft Constitution, Dr. B.R. Ambedkar outlined the differences between the presidential and parliamentary forms of government. <br />
<ul style="list-style-type: circle;">
<li>According to him, the presidential form had higher stability, but lower accountability as the President is elected for four years, and cannot be removed except for proven misdemeanor.</li>
<li>In the parliamentary form, the government is accountable daily through questions and motions and can be removed any time it loses the support of the majority of members of the Lok Sabha.</li>
<li>In India, this chain of accountability has been broken by making legislators accountable primarily to the political party. Thus, anti-defection law is acting against the concept of parliamentary democracy.</li>
</ul>
</li>
<li><strong>No Longer Provides Political Stability:</strong> The Anti-defection law envisages political stability by ensuring that any person disqualified for defecting cannot get a ministerial position unless they are re-elected.<br />
<ul style="list-style-type: circle;">
<li>However, Puducherry&rsquo;s example shows that the political system has found ways to topple governments by resigning rather than vote against the party.</li>
</ul>
</li>
<li><strong>Controversial Role of Speaker:</strong> Resigning from the membership of the House is every member&rsquo;s right. <br />
<ul style="list-style-type: circle;">
<li>However, according to Article 190 of the Constitution, the resignation <strong>should be voluntary or genuine.</strong> If the Speaker has information to the contrary, they are not obliged to accept the resignation.</li>
<li>In many instances, the Speaker (usually from the ruling party) has delayed deciding on the disqualification.</li>
<li>The Supreme Court has tried to plug this by ruling that the Speaker has to decide in three months, but it is not clear what would happen if a Speaker does not do so.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Strengthening Intra-Party Democracy:</strong> If government stability is an issue due to people defecting from their parties, the answer is for parties to strengthen their internal part of democracy.<br />
<ul style="list-style-type: circle;">
<li>If people rise within the party hierarchy on their capabilities (rather than inheritance), there would be a greater exit barrier.</li>
</ul>
</li>
<li><strong>Regulating Political Parties:</strong> There is an ardent need for legislation that governs political parties in India. Such a law should bring political parties under RTI, strengthen intra-party democracy, etc.</li>
<li><strong>Final Authority of Election Commission:</strong> Chairman/Speaker of the house, being the final authority in terms of defection, affects the doctrine of separation of powers.<br />
<ul style="list-style-type: circle;">
<li>Designating the Election Commission as the final authority in dealing with matters of defections may curb the menace of defection.</li>
</ul>
</li>
<li><strong>Restricting the Scope of Anti-defection Law:</strong> In order to shield the detrimental effect of the anti-defection law on representative democracy, the scope of the law can be restricted to <strong>only those laws, where the defeat of government can lead to loss of confidence.</strong></li>
</ul>
<h3>Conclusion</h3>
<p>To sum up, the anti-defection law has been detrimental to legislatures&rsquo; functioning as deliberative bodies that hold the executive to account on behalf of citizens. It has turned them into fora to endorse the decision of the government on Bills and budgets. In this context, it is time to review the Tenth Schedule to the Constitution.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffffc;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>The premise that the anti-defection law is needed to punish legislators who betray the voters&rsquo; mandate also seems flawed. Discuss.</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/9XW_pseAM7Q" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<p>This editorial is based on <a href="https://economictimes.indiatimes.com/blogs/et-editorials/leverage-tech-for-migrants-sake/" target="_blank" rel="noopener"><strong>&ldquo;Leverage tech for migrants&rsquo; sake&rdquo;</strong></a> published in The Economic Times on February 24<sup>th</sup>, 2020. Now watch this on our Youtube channel.</p>',
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		'article_id' => (int) 7782,
		'category_id' => (int) 22,
		'title' => 'Structural Issues of Union Territories',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/lead/the-structural-fragility-of-union-territories/article33927116.ece" target="_blank" rel="noopener"><strong>&ldquo;The structural fragility of Union Territories&rdquo;</strong> </a>which was published in The Hindu on 25/02/2021. It talks about the legal and constitutional provision that leads to the undermining of the elected governments in the union territories.</p>
</div>
<p>Recently, some MLAs from the Puducherry legislative assembly resigned. These resignations reflect a familiar pattern to the resignations of Members of the Legislative Assembly. Such resignations reduce the party&rsquo;s majority in the House abruptly, which invariably leads to the fall of the government.</p>
<p>The intent behind this pattern is that no MLA has to defect and face disqualification under the anti-defection law. In general, these resignations take place only from the ruling parties in the States which are opposed to the ruling party at the Centre.</p>
<p>However, this is not the only way where the elected governments in Union territories are undermined. There are many constitutional and legal provisions that reflect the structural fragility of Union Territories (UTs) as units of the Indian federation.</p>
<h3>Structural Fragility Of Union Territories</h3>
<ul style="list-style-type: square;">
<li><strong>Composition of the Legislature:</strong> Article 239A was originally brought in, by the 14<sup>th</sup> Constitutional amendment act, 1962, to enable Parliament to create legislatures for the UTs. Under this article, the parliament enacted the Government of Union Territories Act, 1963.
<ul style="list-style-type: circle;">
<li>The aftermath of this law is that a simple amendment in the Government of Union Territories Act, 1963 can create a legislature with more than 50% nominated members.</li>
<li>However, the question remains, how can a predominantly nominated House promote representative democracy.</li>
</ul>
</li>
<li><strong>Issue of Nomination:</strong> The Government of Union Territories Act provides for a 33-member House for Puducherry of whom three are to be nominated by the Central government.
<ul style="list-style-type: circle;">
<li>So, when the Union government nominated three members to the Assembly without consulting the government, it was challenged in the court.</li>
<li>The Supreme Court in K. Lakshminarayanan v. Union of India, 2019 case held that the Union government is not required to consult the State government for nominating members to the Assembly and the nominated members have the same right to vote as the elected members.</li>
</ul>
</li>
<li><strong>Arbitrariness in Nomination:</strong> There is provision for the nomination of members to the Rajya Sabha (under Article 80). The Article specifies the fields from which they will be nominated.
<ul style="list-style-type: circle;">
<li>The purpose of this nomination is to enable the House to draw on the expertise of those eminent members who are nominated and thus enrich the debate in the House.</li>
<li>However, in the case of nomination to the Puducherry Assembly, no such qualification is laid down either in Article 239A or the Government of Union Territories Act.</li>
<li>Due to this, the law invites arbitrariness in dealing with the nomination of members to the UT legislature.</li>
</ul>
</li>
<li><strong>Administrator&rsquo;s Power:</strong> The UTs were never given a fully democratic set-up with the necessary autonomy. The power vested in the administrator (Lieutenant Governor) conflicts with the powers of the elected government of UTs having a legislature.
<ul style="list-style-type: circle;">
<li>Section 44 of the Government of Union Territories Act and Article 239 AA(4) (proviso) of the Constitution vests the power in the administrator to express his or her disagreement and refer the matter to the President</li>
<li>The President decides on the advice of the Union government. So, in effect, it is the Union government that finally determines the disputed issue.</li>
<li>This can be reflected in the Chief Minister of Puducherry asking removal of the Lt. Governor.</li>
<li>Similarly, in the National Capital Territory of Delhi, one often hears of complaints against the Lt. Governor from the ministers about the non-cooperative federalism being practiced by him.</li>
</ul>
</li>
<li><strong>Overlapping Areas:</strong>&nbsp;<span>The Government of Union Territories Act, 1963 provides for a Legislative Assembly of Puducherry with a Council of Ministers to govern this Union Territory.&nbsp;</span>Although the l<span>egislative assembly</span> of Puducherry is empowered to make laws, the administrator is not bounded by the aid and advice of the council of ministers headed by the Chief Minister.
<ul style="list-style-type: square;">
<li>This creates overlapping of jurisdictions, which in turn leads to conflict between the union government and elected government of union territory.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Practicing Cooperative Federalism:</strong> The Constitution Bench of the Supreme Court in NCT of Delhi v. Union of India (2019), had said that the administrator should not misuse this power to frustrate the functioning of the elected government in the territory and use it after all methods have failed to reconcile the differences between him/her and the Council of Ministers.
<ul style="list-style-type: circle;">
<li>However, this judgment has not been observed in the letter and spirit. Thus, both the government and UTs need to imbibe the ethos of cooperative federalism.</li>
</ul>
</li>
<li><strong>Exploring the Washington DC Model:</strong> Indian Government can emulate the model of administrative sharing of power between the Union government and the Governments of UTs.
<ul style="list-style-type: circle;">
<li>Under that scheme, only the strategic areas and buildings are under the effective control of the federal government and the rest of the areas are under the jurisdiction of Washington state.</li>
<li>Given this, the institution of strategic importance like political institutions, defense establishments, etc. can remain under the jurisdiction of the Union Government, and areas other than these can effectively be handed over to UTs governments.</li>
</ul>
</li>
<li><strong>Necessary Reforms:</strong> For effective autonomy to the governments of union territories, there is a need for amendment in the legal and constitutional provisions.</li>
</ul>
<h3>Conclusion</h3>
<p>The Union government should respect the reason why these UTs were thought fit to provide a legislature and Council of Ministers to some of the UTs. The ostensible reason is to fulfill the democratic aspirations of the people of these territories.</p>
<p>In this context, the Union government should take note of the Supreme court&rsquo;s observation that the administration of Union Territories is by the Central government but that does not mean the Union Territories become merged with the Central government. They are centrally administered but retain their independent entity.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fafffa;">
<p><span style="color: #333399;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Union Territories having legislatures with ultimate control vested in the central administrator are not workable. Comment.</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/xRuCoZVRIIo" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<p>This editorial is based on <a href="https://www.thehindu.com/opinion/editorial/after-the-coup-on-political-crisis-in-myanmar/article33917075.ece" target="_blank" rel="noopener"><strong>&ldquo;After the coup: On political crisis in Myanmar&rdquo;</strong> </a>published in The Hindu on February 24<sup>th</sup>, 2020. Now watch this on our Youtube channel.</p>',
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		'article_id' => (int) 7418,
		'category_id' => (int) 21,
		'title' => 'SC Notice on Plea to Bar Disqualified Legislators',
		'description' => '<h3>Why in News</h3>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> has asked the <strong>Centre</strong> and the<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong> Election Commission of India</strong> </a>(EC) to respond to a plea to <strong>debar legislators, disqualified under the <a href="/daily-updates/daily-news-editorials/anti-defection-law-1" target="_blank" rel="noopener">Tenth</a>&nbsp;</strong><strong><a href="/daily-updates/daily-news-editorials/anti-defection-law-1" target="_blank" rel="noopener">Schedule</a>, from contesting byelections</strong> during the <strong>rest of the tenure of the House.</strong></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>The plea comes in the backdrop of recent political events in several States such as <strong>Manipur, Madhya Pradesh, Karnataka</strong> in which Members of Legislative Assemblies resign, followed by the collapse of the<strong> incumbent government.</strong> They surface again as <strong>Ministers in the new government</strong> formed by a rival political party.</li>
</ul>
</li>
<li><strong>Arguments made by the Petitioner:</strong><br />
<ul style="list-style-type: circle;">
<li>The plea said that once a member of the House incurs <strong>disqualification</strong> under the tenth Schedule, <strong>he or she cannot be permitted to contest again during the term</strong> for which he was elected (considering <strong>Article 172</strong> of the Constitution).</li>
<li>If a seat<strong> falls vacant due to disqualification</strong> then that particular disqualified member of the House has to incur disability under <strong>Article 191 (1)(e)</strong> of the Constitution and be <strong>debarred from being chosen again during the term for which he/she was elected. </strong></li>
</ul>
</li>
<li><strong>Related Constitutional Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Para 2 of the Xth Schedule:</strong><br />
<ul style="list-style-type: disc;">
<li>It says defecting legislators <strong>&ldquo;disqualified for being a member of the House.&rdquo;</strong></li>
</ul>
</li>
<li><strong>Article 172:</strong><br />
<ul style="list-style-type: disc;">
<li>It <strong>makes a membership of a House coterminous with the term of 5 years of the House.</strong></li>
</ul>
</li>
<li><strong>Article 191(1) (e):</strong><br />
<ul style="list-style-type: disc;">
<li>A person <strong>shall be disqualified</strong> for being a member of the <strong>Legislative Assembly or Legislative Council</strong> of a State if he is so disqualified under the <strong>Tenth Schedule.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Tenth Schedule:</strong><br />
<ul style="list-style-type: circle;">
<li>The Tenth Schedule was inserted in the Constitution in 1985 by the <strong>52<sup>nd</sup> Amendment Act.</strong></li>
<li>It lays down the process by which <strong>legislators may be disqualified on grounds of defection</strong> by the <strong>Presiding Officer</strong> of a legislature.</li>
<li>The law applies to both <strong>Parliament and state assemblies.</strong></li>
<li><strong>Disqualification:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>If a member of a House belonging to a political party:</strong><br />
<ul style="list-style-type: disc;">
<li>Voluntarily gives up the membership of his political party, or</li>
<li>Votes or abstains from voting in such House<strong> contrary to any direction</strong> issued by his <strong>political party</strong> without obtaining <strong>prior permission</strong> of such party and such act has not been condoned by the party within <strong>15 days.</strong></li>
</ul>
</li>
<li>If an<strong> independent candidate</strong> joins a political party after the election.</li>
<li>If a<strong> nominated member</strong> joins a party six months after he becomes a member of the legislature.</li>
</ul>
</li>
<li><strong>Exceptions under the Law:</strong><br />
<ul style="list-style-type: disc;">
<li>If a member goes out of his party as a result of a <strong>merger of the party with another party.</strong> A merger takes place when<strong> two-thirds of the members of the party</strong> have agreed to such merger.</li>
<li>If a member, after being elected as the <strong>presiding officer</strong> of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office.</li>
</ul>
</li>
<li><strong>Decision of the Presiding Officer is Subject to Judicial Review:</strong><br />
<ul style="list-style-type: disc;">
<li>In the <strong><em>Kihoto Hollohan case</em> </strong>(1993), the Supreme Court declared that while deciding a question under the 10th Schedule, the presiding officer should<strong> function as a tribunal.</strong><br />
<ul style="list-style-type: disc;">
<li>Hence, his/her decision (like that of any other tribunal) was <strong>subject to judicial review on the grounds of mala fides, perversity,</strong> etc.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Time limit within which the Presiding Officer decides:</strong><br />
<ul style="list-style-type: disc;">
<li>There is<strong> no time limit as per the law</strong> within which the Presiding Officers should decide on a plea for disqualification.</li>
<li>The courts also can intervene <strong>only after the officer has made a decision,</strong> and so the only option for the petitioner is to wait until the decision is made.</li>
<li>There have been several cases where the Courts have expressed concern about the unnecessary delay in deciding such petitions.<br />
<ul style="list-style-type: disc;">
<li><a href="/daily-updates/daily-news-analysis/disqualification-powers-of-speakers" target="_blank" rel="noopener"><strong>The SCin a recent judgement</strong></a> held that unless there are<strong> &ldquo;exceptional circumstances&rdquo;,</strong> disqualification petitions under the Tenth Schedule should be <strong>decided by Speakers within three months.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/supreme-court-notice-to-centre-ec-on-plea-to-debar-legislators/article33522937.ece" target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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	(int) 5 => object(Cake\ORM\Entity) {

		'article_id' => (int) 7123,
		'category_id' => (int) 21,
		'title' => 'Gender Gap and Sensitisation in Judiciary',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/daily-updates/daily-news-analysis/attorney-general-of-india" target="_blank" rel="noopener"><strong>Attorney General</strong> </a>(AG) <strong>K K Venugopal</strong>, in his written submission to the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> (SC), has emphasised the need for<strong> greater gender sensitisation among members of the judiciary.</strong></p>
<ul style="list-style-type: square;">
<li>He also highlighted that the<strong> figure of female judges has been consistently low</strong> across the Higher Judiciary.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>The SC had asked AG and others to <strong>recommend ways to improve gender sensitivity towards victims</strong> while laying down <strong>bail conditions for sex crime offenders.</strong></li>
<li>The Bench had sought view on a plea about courts<strong> imposing bail conditions</strong> for sex crime offenders which <strong>end up further harassing, objectifying their victims.</strong><br />
<ul style="list-style-type: disc;">
<li>The<strong> Madhya Pradesh</strong> (MP) <strong>High Court</strong> (HC) <strong>asked a man</strong> (accused in a case of attempting to outrage the modesty of a woman) <strong>to visit the home of the alleged victim and request her to tie a rakhi.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Data on Gender Gap in Judiciary:</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>SC</strong> only has<strong> 2 women judges,</strong> as against the <strong>34 seats reserved for women judges</strong> and there has<strong> never been a female Chief Justice of India</strong> (CJI).</li>
<li>There are <strong>only 80 women judges</strong> out of the<strong> total sanctioned strength of 1,113</strong> judges in the <strong>SC and the HCs.</strong><br />
<ul style="list-style-type: disc;">
<li>Out of these 80 women judges, there are only two in the SC, and the other 78 are in various HCs, comprising only 7.2% of the total number of judges.</li>
<li>Of the 26 courts whose data was accessed, including the SC, the <strong>Punjab and Haryana HCs has the maximum strength</strong> of women judges (11 out of 85 judges) in the country, <strong>followed by the Madras HC</strong> (9 out of 75 judges). Both Delhi and Bombay HCs have 8 women judges.</li>
<li>The <strong>HCs of Manipur, Meghalaya, Patna, Tripura, Telangana, and Uttarakhand, do not have any women</strong> in the sitting judges.</li>
</ul>
</li>
<li>Currently, <strong>no data is centrally maintained</strong> on the number of <strong>women in tribunals or lower courts.</strong></li>
<li>In the <strong>senior designation of lawyers,</strong> there are <strong>only 17</strong> women senior counsel designates in the SC as <strong>opposed to 403 men.</strong><br />
<ul style="list-style-type: disc;">
<li>The Delhi HC has 8 women and 229 men designates. Similarly, in the Bombay HC, there are 6 women and 157 men designates.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Importance of Women in Judiciary:</strong><br />
<ul style="list-style-type: circle;">
<li>The <a href="/to-the-points/paper3/sustainable-development-3" target="_blank" rel="noopener"><strong>2030 Agenda for Sustainable Development, and Sustainable Development Goals</strong> </a>(<strong>SDG 5</strong> and <strong>SDG 16</strong> in particular), address the global responsibility of having <strong>gender equality and women&rsquo;s representation in public institutions</strong> such as the <strong>judiciary.</strong></li>
<li>Achieving equality for women judges is important not only because it is a<strong> right for women,</strong> but also because it is <strong>right for the achievement of a more just rule of law.</strong> Women judges <strong>strengthen the judiciary and help to gain the public's trust.</strong></li>
<li>The entry of women judges is a positive step in the direction of <strong>judiciaries being perceived as being more transparent, inclusive, and representative</strong> of the people whose lives they affect.</li>
<li>Women judges <strong>enhance the legitimacy of courts,</strong> sending a powerful signal that they are <strong>open and accessible to those who seek recourse to justice.</strong></li>
<li>Women judges<strong> bring those lived experiences to their judicial actions, experiences that tend toward a more comprehensive and empathetic perspective.</strong></li>
<li><strong>Adjudication is enhanced</strong> by the presence of women who <strong>bring to the fore considerations that would not have been taken into account in their absence</strong> and the scope of the discussion is hence enlarged, possibly<strong> preventing ill-considered or improper decisions.</strong></li>
<li>By elucidating how laws and rulings can be based on gender stereotypes, or how they might have a different impact on women and men, a <strong>gender perspective enhances the fairness of adjudication, </strong>which<strong> ultimately benefits both men and women.</strong></li>
</ul>
</li>
<li><strong>Suggestions:</strong><br />
<ul style="list-style-type: circle;">
<li>Courts should declare that<strong> such remarks</strong> (MP HC issue) <strong>are unacceptable</strong> which can potentially cause harm to the victim and to society at large.</li>
<li>Judicial orders should<strong> conform to certain judicial standards</strong> and necessary steps have to be taken to ensure that this does not happen in the future.</li>
<li>The<strong> SC must direct the collection of data to determine the number of women</strong> judges in the lower judiciary and tribunals and also <strong>to determine the year-wise number of senior designates</strong> by all HCs.</li>
<li><strong>Greater representation of women should be ensured at all levels</strong> of the judiciary, including the SC and this initiative must come from the SC itself, considering that the <strong>power of appointment rests almost exclusively with the SC Collegium.</strong><br />
<ul style="list-style-type: disc;">
<li>The judges of the SC are <strong>appointed by the President.</strong> The CJI is appointed by the President <strong>after consultation with such judges of the SC and HCs</strong> as (s)he deems necessary.</li>
<li>The <strong>other judges</strong> are appointed by the President <strong>after consultation with the CJI and such other judges of the SC and the HCs</strong> as (s)he deems necessary. The consultation with the CJI is obligatory in the case of appointment of a judge other than CJI.</li>
</ul>
</li>
<li>The<strong> goal must be to achieve at least 50% representation of women</strong> in all leadership positions and there should be a<strong> mandatory training of all lawyers on gender sensitisation.</strong><br />
<ul style="list-style-type: disc;">
<li>Judges, who might belong to the <strong>&ldquo;old school&rdquo;</strong> and are maybe <strong>&ldquo;patriarchal&rdquo;</strong> in outlook, <strong>should be sensitised to deal with cases of sexual violence</strong> so that they do not pass orders objectifying women in such cases.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The wide prevalence of orders like the one from the MP HC and other similar instances makes it clear that there is a need for urgent intervention from the Courts. Improving the representation of women in the judiciary is of crucial importance and have to go a long way towards a more balanced and empathetic approach in cases involving sexual violence.</li>
<li>Changing the long-established demographics of a court can make the institution more amenable to consider itself in a new light, and potentially lead to further modernisation and reform. As a court's composition becomes more diverse, its customary practices become less entrenched; consequently, the old methods, often based on unstated codes of behavior, or simply inertia, are no longer adequate.</li>
</ul>
<p><a href="https://indianexpress.com/article/india/improve-representation-of-women-in-judiciary-sensitise-judges-ag-to-sc-7079925/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 7112,
		'category_id' => (int) 15,
		'title' => 'The Big Picture: Special Marriage Act',
		'description' => '<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/HyyYpMxxQ_s" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<h3>Why in News?</h3>
<p>The Allahabad high Court has recently expressed its concern over the issue of one changing his/her faith just for the sake of matrimony while the two persons professing different religions can marry under<strong> the Special Marriage Act</strong> which is &lsquo;one of the earliest endeavours towards the <a href="/daily-updates/daily-news-editorials/uniform-civil-code-1" target="_blank" rel="noopener"><strong>Uniform Civil Code.</strong></a></p>
<ul style="list-style-type: square;">
<li>The court had made the comments after finding that a Muslim woman had converted to Hinduism, and a month later married as per Hindu rituals.</li>
</ul>
<h3>The Special Marriage Act (SMA), 1954</h3>
<ul style="list-style-type: square;">
<li>The Special Marriage Act is the legislation made to validate and register interreligious and inter-caste marriages in India.</li>
<li>It allows two individuals to solemnise their marriage through a civil contract.</li>
<li>No religious formalities are needed to be carried out under the Act.</li>
</ul>
<p><strong>Provisions Under The Special Marriage Act</strong></p>
<ul style="list-style-type: square;">
<li>The Special Marriage Act came into effect in 1954 permitting any individual belonging to a faith to marry another person belonging to a different faith provided there are certain conditions. The conditions are laid down in section 4 of the act: <br />
<ul style="list-style-type: circle;">
<li>It says that neither of the parties should have a spouse living.</li>
<li>Both the parties should be capable of giving consent; should be sane at the time of marriage.</li>
<li>The parties shall not be within the prohibited degree of relations as prescribed under their law. <br />
<ul style="list-style-type: disc;">
<li>Relationship by half blood as well as by full blood</li>
<li>Illegitimate as well as legitimate blood relationship</li>
<li>Relationship by adoption as well as by blood.</li>
</ul>
</li>
<li>While considering the age, the male must be at least 21 and the female be 18 at least.</li>
</ul>
</li>
<li>In case all of these conditions are fulfilled, the parties are supposed to give a notice for their marriage to the Marriage Officer in an area where one of them has been living for the last 30 days.</li>
<li>Anyone having any objection to the marriage can file against it within a period of 30 days, after a 30 days period of considering the objections, the marriage is permitted with 3 witnesses required to sign the registration of marriage.<br />
<ul style="list-style-type: circle;">
<li>Anyone who believes that either of the given parties do not fulfill all the required conditions can file an objection against the marriage and the marriage officer can reject the marriage.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Note:</strong> People of the same faith can also marry under this act; but separate laws for marriage also exist in their respective faith.</p>
</div>
<p><strong>Issue related to the Act</strong></p>
<ul style="list-style-type: square;">
<li>The act only validates the marriage of two people belonging to different faiths, but there is no punishment for those who forcibly convert the other partner just for the sake of marriage.<br />
<ul style="list-style-type: circle;">
<li>This is a serious issue for the communities such as the Parsis which already exist in minorities, due to coerced conversion these communities will soon be vanished.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>The Uniform Civil Code</strong></p>
<ul style="list-style-type: square;">
<li>A uniform civil code here refers to a single law, applicable to all citizens of India in their personal matters such as marriage, divorce, custody, adoption and inheritance.</li>
<li>The Constitution in Article 44 requires the State to strive to secure for its citizens a <strong>Uniform Civil Code (UCC)</strong> throughout India. However, no action has been taken in this regard till date.</li>
<li>Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.</li>
</ul>
</div>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Effective implementation and amendment:</strong> India has a strong set of laws but they are needed to be implemented strictly.<br />
<ul style="list-style-type: circle;">
<li>In the purview of interfaith marriages, the Idea should be to eradicate the core issue; coerced conversion.</li>
<li>Moreover, the Special Marriage Act, 1954 is now a 66 years old law and it definitely needs to undergo certain changes now.</li>
</ul>
</li>
<li><strong>Separating religion and personal matters:</strong> Religion and personal matters are something to be dealt with separately, moreover, marriage and conversion of religion are two things and should definitely not be interconnected.</li>
<li><strong>UCC as the silver bullet:</strong> A uniform civil code for all personal matters; marriage, succession, divorce etc of all the communities including all the citizens shall be there leaving aside the religion. <br />
<ul style="list-style-type: circle;">
<li>Issues such as marriages are secular in nature, therefore, a <strong>uniform law can regulate them.</strong></li>
</ul>
</li>
<li><strong>Articles 44, 25 and 26:</strong> Article 44 mentioning the Uniform Civil Code and articles 25 and 26 are often believed to be contradictory. The balance with these articles is something that is rarely discussed and needs more attention now.</li>
</ul>
<div class="border-bg">
<p><strong>Article 25</strong></p>
<ul style="list-style-type: square;">
<li>Freedom of conscience and free profession, practice and propagation of religion. According to it, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate a religion.</li>
</ul>
<p><strong>Article 26</strong></p>
<ul style="list-style-type: square;">
<li>Freedom to manage religious affairs. Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain religious institutions and manage its own affairs in matters of religion.</li>
</ul>
</div>
<h3>Conclusion</h3>
<ul style="list-style-type: square;">
<li>Religion today has gone far beyond the faith in the almighty and has become quite antagonistic,where people want to impose their values and beliefs on others.</li>
<li>The time is right to bring in the UCC, by having consultation at a wider level with all the stakeholders.</li>
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		'article_id' => (int) 6409,
		'category_id' => (int) 21,
		'title' => 'Basic Structure Doctrine: Kesavananda Bharati Case',
		'description' => '<h3 style="padding-left: 30px;">Why in News</h3>
<p>Main petitioner,<strong> Kesavananda Bharati,</strong> of <em><strong>Kesavananda Bharati Sripadagalvaru and Ors v State of Kerala Case,</strong> </em>1973 (known for the <strong><a href="/daily-updates/daily-news-analysis/basic-structure-of-constitution" target="_blank" rel="noopener">basic structure doctrine of the</a> Supreme Court),</strong> passed away.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Kesavananda Bharati:</strong><br />
<ul style="list-style-type: circle;">
<li>He <strong>challenged the Kerala land reforms legislation in 1970,</strong> which imposed restrictions on the management of religious property.</li>
<li>The case was<strong> challenged under Article 26,</strong> concerning the right to manage religiously owned property without government interference.</li>
<li>A<strong> 13-judge Bench</strong> was set up by the Supreme Court, the biggest so far, to hear the case.</li>
<li><strong>Question underlying the case also included:</strong> Was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?</li>
</ul>
</li>
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>The Supreme Court conceded absolute power to Parliament in amending the Constitution, as was seen in the verdicts in <em><strong>Shankari Prasad case</strong></em> <strong>(1951)</strong> and <em><strong>Sajjan Singh case </strong></em><strong>(1965).</strong><br />
<ul style="list-style-type: disc;">
<li>In <strong>both the cases</strong> the court had ruled that the term<strong> &ldquo;law&rdquo; in Article 13</strong> must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the Constitution made in exercise of constituent power under <strong>Article 368.</strong></li>
<li>This means <strong>Parliament had the power to amend any part of the Constitution</strong> including Fundamental rights.<br />
<ul style="list-style-type: disc;">
<li>But <strong>Article 13(2)</strong> reads - "The State shall not make any law which takes away or abridges the right conferred by this Part (i.e. Part-III) and any law made in contravention of this clause shall, to the extent of contravention, be void."</li>
</ul>
</li>
</ul>
</li>
<li>However, in the <em><strong>Golaknath case</strong> </em><strong>(1967)</strong>, the Supreme Court held that <strong>Parliament could not amend Fundamental Rights,</strong> and power to amend the Constitution would be only with a Constituent Assembly.<br />
<ul style="list-style-type: disc;">
<li>The Court held that an <strong>amendment under Article 368 is "law" within the meaning of Article 13</strong> of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void.</li>
</ul>
</li>
<li>To dis-effect the judgments of the Supreme Court in the <em>Golaknath case</em> (1967), <em>RC Cooper case</em> (1970), and Madhavrao Scindia case (1970), the then government enacted major amendments to the Constitution. Most notably:<br />
<ul style="list-style-type: disc;">
<li><strong>24<sup>th</sup> Constitutional (Amendment) Act, 1971-</strong> Parliament had also given itself the power to amend any part of the Constitution.</li>
<li><strong>25<sup>th</sup> Constitutional (Amendment) Act, 1972-</strong> The right to property had been removed as a fundamental right.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Verdict in the Kesavananda Bharati Case:</strong><br />
<ul style="list-style-type: circle;">
<li>The landmark judgement was delivered on 24<sup>th</sup> April 1973 by a <strong>thin majority of 7:6</strong> wherein the majority held that <strong>any provision of the Indian Constitution can be amended by the Parliament</strong> in order to fulfil its socio-economic obligations that were guaranteed to the citizens as given in the Preamble, provided that such amendment <strong>did not change the Constitution&rsquo;s basic structure.</strong></li>
<li>The minority, however, in their dissenting opinion, were wary of giving the Parliament unlimited amending power.</li>
<li>The court held that the <strong>24<sup>th</sup> Constitutional Amendment was entirely valid.</strong> But it found the <strong>second part of the 25<sup>th</sup> Constitutional Amendment to be ultra vires.</strong><br />
<ul style="list-style-type: disc;">
<li>The Supreme Court declared the <strong>Article 31C</strong> as unconstitutional and invalid on the ground that judicial review is basic structure and hence cannot be taken away.</li>
</ul>
</li>
<li>Despite the ruling that Parliament cannot breach fundamental rights, the court upheld the amendment that removed the fundamental right to property.<br />
<ul style="list-style-type: disc;">
<li>The court ruled that in spirit, the amendment would not violate the &ldquo;basic structure&rdquo; of the Constitution.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Doctrine of the Basic Structure:</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>origins of the basic structure doctrine</strong> are found in the <strong>German Constitution</strong> which,<strong> after the Nazi regime,</strong> was amended to protect some basic laws.</li>
<li>Learning from that experience, the new German Constitution introduced substantive limits on Parliament&rsquo;s powers to amend certain parts of the Constitution which it considered &lsquo;basic law&rsquo;.</li>
<li><strong>In India,</strong> the basic structure doctrine has formed the <strong>bedrock of judicial review</strong> of all laws passed by Parliament.</li>
<li>No law can impinge on the basic structure. What the basic structure is, however, has been a continuing deliberation.</li>
<li><strong>Parliamentary democracy, fundamental rights, judicial review, secularism-</strong> are all held by courts as basic structure, the list is not exhaustive.</li>
<li>It is the Judiciary that is responsible to decide what constitutes the basic structure.</li>
</ul>
</li>
<li><strong>Implications of the Judgement:</strong><br />
<ul style="list-style-type: circle;">
<li>Politically, as a result of the verdict, the judiciary faced its biggest litmus test against the executive. The government ignored the opinion and superseded three judges.</li>
<li>Within less than two years of the restoration of Parliament's amending powers to near absolute terms, the <strong>Forty-second amendment</strong> was challenged before the Supreme Court by the owners of Minerva Mills (Bangalore) a sick industrial firm which was nationalised by the government in 1974. Basic structure doctrine was <strong>reaffirmed in the <em>Minerva Mills</em></strong> and later in the<strong><em> Waman Rao case</em>, 1981.</strong></li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/explained/kesavananda-bharati-case-basic-structure-of-the-constitution-supreme-court-6585110/#:~:text=Kesavananda%20Bharati%20was%20the%20head,district%20of%20Kerala%20since%201961.&amp;text=The%20landmark%20ruling%20in%20which,Ors%20v%20State%20of%20Kerala." target="_blank" rel="noopener"><strong>Source IE</strong></a></p>',
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	(int) 8 => object(Cake\ORM\Entity) {

		'article_id' => (int) 6328,
		'category_id' => (int) 21,
		'title' => 'Notification of Rules for J&K',
		'description' => '<h3>Why in News</h3>
<p>The Ministry of Home Affairs (MHA) has notified<strong> Rules of Transaction of Business for the Government of Union territory of Jammu and Kashmir (J&amp;K).</strong></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The rules have been notified under the <strong>Section 55</strong> of the <a href="/blog/implications-of-j&amp;k-reorganisation-act" target="_blank" rel="noopener"><strong>Jammu and Kashmir Reorganization Act, 2019</strong></a><br />
<ul style="list-style-type: circle;">
<li>According to Section 55 of the act &ldquo;the <strong>Lieutenant Governor (LG)</strong> shall make rules on the advice of the Council of Ministers<strong> for the allocation of business to the Ministers;</strong> and for the more convenient <strong>transaction of business with the Ministers</strong> including the procedure to be adopted in case of a<strong> difference of opinion</strong> between the LG and the Council of Ministers or a Minister.</li>
</ul>
</li>
<li>The rules provide details of<strong> work allocation, distribution of the business among the departments,</strong> their powers, executive powers of LG etc. in J&amp;K.</li>
<li>As per the rules, there will be <strong>39 departments</strong> in the J&amp;K such as school education, agriculture, higher education, horticulture, election, general administration, home, mining, power, Public Works Department, tribal affairs and transport.</li>
<li><strong>Police, Public order, All India Services and Anti-corruption</strong> will fall under the executive functions of the <strong>LG.</strong><br />
<ul style="list-style-type: circle;">
<li>This implies that the Chief Minister or the Council of Ministers will have no say in their functioning.</li>
</ul>
</li>
<li>Proposals or matters which affect or are likely to affect the<strong> peace and tranquility of the UT</strong> or the <strong>interest of any minority community, the Scheduled Castes, the Scheduled Tribes and the Backward Classes</strong> shall essentially be submitted to the LG through the Chief Secretary, under intimation to the Chief Minister,<strong> before issuing any orders.</strong></li>
<li>Any matter, which is likely to bring the government of the Union Territory into a <strong>controversy with the Centre or a State government,</strong> shall, as soon as possible, be brought to the notice of the LG and the Chief Minister through the Chief Secretary.</li>
<li>All important <strong>communications received from the Centre</strong> shall, as soon as possible, be submitted to the Chief Secretary, the Minister in charge, the Chief Minister and the LG for information.</li>
<li>In case of <strong>difference of opinion between the LG and a Minister</strong> when no agreement could be reached even after a<strong> month,</strong> the <strong>decision of the LG</strong> shall be deemed to have been accepted by the Council of Ministers.</li>
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>The Centre on 5<sup>th</sup> August 2019<a href="/daily-updates/daily-news-analysis/article-370-and-35-a-revoked" target="_blank" rel="noopener"><strong> scrapped provisions of Article 370</strong> </a>through the <strong>Constitution (Application to Jammu and Kashmir) Order, 2019.</strong></li>
<li>A separate Bill - the <strong>Jammu and Kashmir Reorganisation Bill 2019 -</strong> was introduced to <strong>bifurcate the State into two separate <a href="/daily-updates/daily-news-analysis/uts-j-k-and-ladakh" target="_blank" rel="noopener">union territories of Jammu and Kashmir</a> (with legislature), and Ladakh (without legislature).</strong></li>
<li>The move created a controversy with many civil groups demanding restoration of the special status of J&amp;K. A petition was filed in the Supreme Court challenging the constitutional validity of the abrogation.</li>
<li>Following the move, <a href="/daily-updates/daily-news-analysis/pakistan-s-new-map" target="_blank" rel="noopener"><strong>Pakistan released a new political map</strong></a> that includes all of Jammu &amp; Kashmir, Ladakh, Sir Creek and Junagadh.</li>
<li><a href="/daily-updates/daily-news-analysis/j-k-issue-raised-at-unsc" target="_blank" rel="noopener"><strong>China called India&rsquo;s step &ldquo;illegal and invalid&rdquo;</strong> </a>and raised the issue at the <strong><a href="/daily-updates/daily-news-analysis/un-security-council-1#:~:text=Its%20primary%20responsibility%20is%20to,China%20and%20the%20United%20Kingdom." target="_blank" rel="noopener">United Nations Security Council</a> (UNSC)</strong> in New York (USA).</li>
<li>A <a href="/daily-updates/daily-news-analysis/sc-refuses-to-restore-4g-services-in-j-k" target="_blank" rel="noopener"><strong>special committee</strong> </a><strong>set up by the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener">Supreme Court of India</a></strong> recommended <a href="/daily-updates/daily-news-analysis/restoration-of-4g-internet-in-j-k" target="_blank" rel="noopener"><strong>restoration of 4G internet services</strong> </a>on a trial basis in Jammu &amp; Kashmir, which was suspended to avoid violence in the state after the abrogation of Article 370.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/ministry-of-home-affairs-notifies-new-rules-for-administration-in-jk/article32466936.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 6171,
		'category_id' => (int) 21,
		'title' => 'SC Verdict on Hindu Women’s Inheritance Rights',
		'description' => '<h3>Why in News</h3>
<p>Recently, the<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong> Supreme Court</strong></a> (SC) has expanded the Hindu women&rsquo;s right to be the <strong>coparcener</strong> (joint legal heir) and inherit ancestral property on terms equal to male heirs.</p>
<ul style="list-style-type: square;">
<li>The judgment pertains to the <strong>Hindu Succession (Amendment) Act, 2005.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Current Ruling:</strong><br />
<ul style="list-style-type: circle;">
<li>It ruled that a<strong> Hindu woman&rsquo;s right to be a joint heir to the ancestral property is by birth</strong> and does not depend on whether her father is alive or not.<br />
<ul style="list-style-type: disc;">
<li><strong>Coparcenary</strong> (joint-heirship)<strong> is by birth,</strong> so the father doesn&rsquo;t need to be living as on 9th September 2005, when the<strong> Hindu Succession (Amendment) Act</strong> was enacted.</li>
</ul>
</li>
<li>The SC expanded and promoted the amendments done in 2005 which removed the <strong>discrimination as contained in Section 6 of the Hindu Succession Act, 1956</strong> by giving equal rights to daughters.</li>
<li>It also <strong>directed High Courts to dispose of cases involving this issue within six months</strong> since they would have been pending for years.</li>
</ul>
</li>
<li><strong>Hindu Succession Act, 1956:</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>Mitakshara school of Hindu law</strong> codified as the<strong> Hindu Succession Act, 1956</strong> governed <strong>succession and inheritance of property</strong> but only <strong>recognised males as legal heirs.</strong></li>
<li>It <strong>applied to everyone who is not a Muslim, Christian, Parsi or Jew</strong> by religion. <strong>Buddhists, Sikhs, Jains and followers of Arya Samaj, Brahmo Samaj,</strong> are also <strong>considered Hindus</strong> for this law.</li>
<li>In a Hindu Undivided Family, several legal heirs through generations can exist jointly. Traditionally, <strong>only male descendants</strong> of a common ancestor along with their mothers, wives and unmarried daughters are considered a joint Hindu family. The <strong>legal heirs hold the family property jointly.</strong></li>
</ul>
</li>
<li><strong>Hindu Succession (Amendment) Act, 2005:</strong><br />
<ul style="list-style-type: circle;">
<li>The 1956 Act was <strong>amended in September 2005</strong> and <strong>women were recognised as coparceners</strong> for property partitions arising from 2005.<br />
<ul style="list-style-type: disc;">
<li>Section 6 of the Act was amended to make a daughter of a coparcener also a coparcener by birth &ldquo;in her own right in the same manner as the son&rdquo;.</li>
<li>It also gave the daughter the same rights and liabilities &ldquo;in the coparcenary property as she would have had if she had been a son&rdquo;.</li>
</ul>
</li>
<li>The law<strong> applies to ancestral property and to intestate succession</strong> in personal property, where <strong>succession happens as per law and not through a will.</strong></li>
<li><strong>Background for the Amendment:</strong><br />
<ul style="list-style-type: disc;">
<li>The <strong>174<sup>th</sup> Law Commission Report</strong> had recommended the reform in Hindu succession law.</li>
<li>Before the 2005 amendment, <strong>Andhra Pradesh, Karnataka, Maharashtra and Tamil Nadu</strong> had made this change in the law and <strong>Kerala had abolished the Hindu Joint Family System in 1975.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Government&rsquo;s Stand:</strong><br />
<ul style="list-style-type: circle;">
<li>The Solicitor General of India has<strong> argued in favour of an expansive reading of the law to allow equal rights for women.</strong></li>
<li>He <strong>criticised the Mitakshara coparcenary 1956 law</strong> because it contributed to <strong>discrimination on the ground of gender</strong> and was also<strong> oppressive</strong> and <strong>negated the fundamental right of equality (Articles 14 to 18)</strong> guaranteed by the Constitution of India.</li>
</ul>
</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr style="height: 19px;">
<td style="width: 50%; height: 19px; text-align: center; background-color: #1c254d;" colspan="2"><span style="color: #ffffff;"><strong>Schools of Hindu Laws</strong></span></td>
</tr>
<tr style="height: 19px;">
<td style="width: 50%; height: 19px; text-align: center; background-color: #8a87cc;"><strong>Mitakshara Law School</strong></td>
<td style="width: 50%; height: 19px; text-align: center; background-color: #8a87cc;"><strong>Dayabhaga Law School</strong></td>
</tr>
<tr style="height: 19px;">
<td style="width: 50%; height: 19px; background-color: #deddf0;">The term Mitakshara is derived from the name of a <strong>commentary written by Vijnaneswara,</strong> on the <strong>Yajnavalkya Smriti.</strong></td>
<td style="width: 50%; height: 19px; background-color: #deddf0;">The term Dayabhaga is derived from a <strong>similarly named text written by Jimutavahana.</strong></td>
</tr>
<tr style="height: 19px;">
<td style="width: 50%; height: 19px; background-color: #deddf0;">It is <strong>observed in all parts of India</strong> and <strong>subdivided</strong> into the Benares, the Mithila, the Maharashtra and the Dravida schools.</td>
<td style="width: 50%; height: 19px; background-color: #deddf0;">It is observed in <strong>Bengal and Assam.</strong></td>
</tr>
<tr style="height: 19px;">
<td style="width: 50%; height: 19px; background-color: #deddf0;"><strong>A son, by birth acquires an interest in the ancestral property</strong> of the joint family.</td>
<td style="width: 50%; height: 19px; background-color: #deddf0;">A son has <strong>no automatic ownership</strong> right by birth but <strong>acquires it on death of his father.</strong></td>
</tr>
<tr style="height: 19px;">
<td style="width: 50%; height: 19px; background-color: #deddf0;">All the members <strong>enjoy coparcenary rights during the father&rsquo;s lifetime.</strong></td>
<td style="width: 50%; height: 19px; background-color: #deddf0;">Sons <strong>do not enjoy coparcenary rights when the father is alive.</strong></td>
</tr>
<tr style="height: 35px;">
<td style="width: 50%; height: 35px; background-color: #deddf0;">A coparcener&rsquo;s<strong> share is not defined</strong> and <strong>cannot be disposed of.</strong></td>
<td style="width: 50%; height: 35px; background-color: #deddf0;">The share of<strong> each coparcener is defined</strong> and<strong> can be disposed of.</strong></td>
</tr>
<tr style="height: 67px;">
<td style="width: 50%; height: 67px; background-color: #deddf0;">A <strong>wife cannot demand partition</strong> but has the <strong>right to a share in any partition between her husband and her sons.</strong></td>
<td style="width: 50%; height: 67px; background-color: #deddf0;">Here, the <strong>same right does not exist for the women</strong> because the<strong> sons cannot demand partition</strong> as the father is the absolute owner.</td>
</tr>
</tbody>
</table>
<p><a href="https://indianexpress.com/article/explained/reading-supreme-court-verdict-on-hindu-womens-inheritance-rights-6550767/#:~:text=A%20three%2Djudge%20Bench%20headed,law%20was%20enacted%20in%202005.&amp;text=The%20Supreme%20Court%20of%20India." target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 10 => object(Cake\ORM\Entity) {

		'article_id' => (int) 6134,
		'category_id' => (int) 27,
		'title' => 'Emergency Provisions',
		'description' => '<p>A state of emergency in India refers to a period of governance that can be proclaimed by the <strong>President of India</strong> during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees <strong>Fundamental Rights</strong> to the citizens of India.</p>
<ul style="list-style-type: square;">
<li>The emergency provisions are contained in <strong>Part XVIII</strong> of the Constitution of India, from <strong>Article 352 to 360.</strong> These provisions enable the Central government to meet any abnormal situation effectively.</li>
<li>The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.</li>
<li>The Constitution stipulates three types of emergencies-<br />
<ol>
<li>National Emergency</li>
<li>Constitutional Emergency</li>
<li>Financial Emergency</li>
</ol>
</li>
</ul>
<h3>NATIONAL EMERGENCY</h3>
<ul style="list-style-type: square;">
<li>National emergency can be declared on the basis of war, external aggression or armed rebellion. The Constitution employs the expression &lsquo;proclamation of emergency&rsquo; to denote an emergency of this type.</li>
<li><strong>Grounds of declaration:</strong><br />
<ul style="list-style-type: circle;">
<li>Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.</li>
<li>The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression</li>
<li>When a national emergency is declared on the grounds of<strong> &lsquo;war&rsquo; or &lsquo;external aggression&rsquo;,</strong> it is known as<strong> &lsquo;External Emergency&rsquo;.</strong> On the other hand, when it is declared on the grounds of <strong>&lsquo;armed rebellion&rsquo;,</strong> it is known as <strong>&lsquo;Internal Emergency&rsquo;.</strong><br />
<ul style="list-style-type: disc;">
<li>This term &lsquo;armed rebellion&rsquo; is inserted from the <strong><a href="/to-the-points/Paper2/major-constitutional-amendments-part-2" target="_blank" rel="noopener">44<sup>th</sup> amendment</a>.</strong> Before this term it was known as internal disturbance.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Example:</strong><br />
<ul style="list-style-type: circle;">
<li>If India and Pakistan openly accept that they will use armed forces against each other is simply war.</li>
<li>If there is no formal declaration that there will be armed forces used against a country is External aggression.</li>
<li>And if because of these two grounds an emergency is proclaimed as an <strong>external emergency.</strong></li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Facts</strong></p>
<ul style="list-style-type: square;">
<li>The <a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener"><strong>38<sup>th</sup> Amendment Act</strong></a> of 1975 made the declaration of National Emergency immune to judicial review. But, this provision was subsequently deleted by the 44<sup>th</sup> Amendment Act of 1978.</li>
<li>In Minerva Mills case (1980), the Supreme Court held that National Emergency can be challenged in the court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li><strong>Parliamentary approval and duration</strong><br />
<ul style="list-style-type: circle;">
<li>The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue.</li>
<li>However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.</li>
<li>If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.</li>
<li>Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority.</li>
</ul>
</li>
<li><strong>Revocation of proclamation</strong><br />
<ul style="list-style-type: circle;">
<li>A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.</li>
<li>The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.</li>
</ul>
</li>
<li><strong>Effects of national emergency</strong><br />
<ul style="list-style-type: circle;">
<li>A proclamation of Emergency has drastic and wide-ranging effects on the political system. These consequences can be grouped into 3 categories:<br />
<ul style="list-style-type: disc;">
<li><strong>Effects on the centre-state relations:</strong> While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change. this can be studied under three heads:<br />
<ul style="list-style-type: disc;">
<li><strong>Executive:</strong> Centre becomes entitled to give executive directions to a state on &lsquo;any&rsquo; matter</li>
<li><strong>Legislative:</strong> The parliament becomes empowered to make laws on any subject mentioned in the state list, the president can issue ordinances on State subjects also, if the parliament is not in session. The laws made on state subjects by the parliament become inoperative six months after the emergency has ceased to be in operation.</li>
<li><strong>Financial:</strong> the president can modify the constitutional distribution of revenues between the centre and the states.</li>
</ul>
</li>
<li><strong>Effect on the life of the Lok Sabha and State Assembly:</strong> <br />
<ul style="list-style-type: disc;">
<li>While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond the normal term for one year at a time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.</li>
<li>Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly by one year each time during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.</li>
</ul>
</li>
<li><strong>Effect on fundamental rights:</strong> Articles 358 and 359 describes the effect of a National Emergency on the Fundamental Rights. These two provisions are explained below:<br />
<ul style="list-style-type: disc;">
<li><strong>Suspension of Fundamental rights under Article 19:</strong> According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended. Article 19 is automatically revived after the expiry of the emergency.<br />
<ul style="list-style-type: disc;">
<li>The 44<sup>th</sup> Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.</li>
</ul>
</li>
<li><strong>Suspension of other Fundamental Rights:</strong> Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, <strong>remedial measures are suspended and not the Fundamental Rights.</strong> <br />
<ul style="list-style-type: disc;">
<li>The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order.</li>
<li>The suspension could be for the period during the operation of emergency or for a shorter period.</li>
<li>The Order should be laid before each House of Parliament for approval.</li>
<li>The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
<li><strong>Declarations made so far:</strong> This type of emergency has been proclaimed three times so far- in 1962, 1971 and 1975<br />
<ul style="list-style-type: circle;">
<li>The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the NEFA and was in force till January 1968.</li>
<li>The second proclamation of National Emergency was made in December 1971 in the wake of the attack by Pakistan.</li>
<li>Even when the emergency was in operation, the third proclamation of National Emergency was made in June 1975. Both the second and the third proclamations were revoked in March 1977</li>
</ul>
</li>
</ul>
<h3>President&rsquo;s Rule</h3>
<ul style="list-style-type: square;">
<li>Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in accordance with the provisions of the constitution.</li>
<li>It is this duty in the performance of which the centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.</li>
<li>This is popularly known as &lsquo;President&rsquo;s Rule&rsquo;.</li>
<li><strong>Grounds of imposition:</strong> the president&rsquo;s ruler can be proclaimed under Article 356 on two grounds:<br />
<ol>
<li>Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.</li>
<li>Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.</li>
</ol>
</li>
<li><strong>Parliamentary approval and duration:</strong> A proclamation imposing president&rsquo;s rule must be approved by both the houses of parliament within two months from the date of its issue. <br />
<ul style="list-style-type: circle;">
<li>However, if the proclamation of President&rsquo;s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime</li>
</ul>
</li>
<li><strong>Consequences of the President&rsquo;s rule:</strong> The President acquires the following extraordinary powers when the President&rsquo;s rule is imposed in a state:<br />
<ul style="list-style-type: circle;">
<li>He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.</li>
<li>He can declare that the powers of the state legislature are to be exercised by the parliament.</li>
<li>He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.</li>
</ul>
</li>
<li><strong>Scope of judicial review:</strong> The 38<sup>th</sup> Amendment act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which would not be challenged in any court on any ground. <br />
<ul style="list-style-type: circle;">
<li>But, this provision was subsequently deleted by the 44<sup>th</sup> Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.</li>
</ul>
</li>
</ul>
<h3>Financial Emergency</h3>
<ul style="list-style-type: square;">
<li><strong>Grounds of declaration: Article 360</strong> empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.</li>
<li><strong>Parliamentary approval and duration:</strong> A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. <br />
<ul style="list-style-type: circle;">
<li>However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.<br />
<ul style="list-style-type: disc;">
<li>Once approved by both the houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Effects of Financial Emergency</h3>
<ul style="list-style-type: square;">
<li>Extension of the executive authority of the Union over the financial matters of the States.</li>
<li>Reduction of salaries and allowances of all or any class of persons serving in the State.</li>
<li>Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the State.</li>
<li>Direction from the President for the reduction of salaries and allowances of all or any class of persons serving the Union; and the judges of the Supreme Court and the High Courts.</li>
</ul>
<h3>Criticism of the Emergency Provision</h3>
<ul style="list-style-type: square;">
<li>Some members of the Constituent Assembly criticised the incorporation of emergency provisions in the constitution on the following grounds:<br />
<ul style="list-style-type: circle;">
<li>The federal character of the constitution will be destroyed and the union will become all-powerful</li>
<li>The powers of the State- both the Union and the Units- will entirely be concentrated in the hands of the union executive.</li>
<li>The president will become a dictator</li>
<li>The financial autonomy of the state will be nullified</li>
<li>Fundamental rights will become meaningless and, as a result, the democratic foundation of the constitution will be destroyed.&rsquo;</li>
</ul>
</li>
<li>While defending the emergency provisions in the Constituent Assembly, Dr Ambedkar accepted the possibility of their misuse. He observed, &lsquo;I do not altogether deny that there is a possibility of the Articles being abused or employed for political purposes.&rsquo;</li>
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	(int) 11 => object(Cake\ORM\Entity) {

		'article_id' => (int) 6023,
		'category_id' => (int) 27,
		'title' => 'Preamble to the Indian Constitution',
		'description' => '<h3>What is a Preamble?</h3>
<ul style="list-style-type: square;">
<li>A preamble is an introductory statement in a document that explains the document&rsquo;s <strong>philosophy and objectives.</strong></li>
<li>In a Constitution, it presents the <strong>intention of its framers,</strong> the <strong>history behind its creation,</strong> and the <strong>core values</strong> and<strong> principles of the nation.</strong></li>
<li>The preamble basically gives idea of the following things/objects:<br />
<ul style="list-style-type: circle;">
<li><strong>Source of the Constitution</strong></li>
<li><strong>Nature of Indian State</strong></li>
<li><strong>Statement of its objectives</strong></li>
<li><strong>Date of its adoption</strong></li>
</ul>
</li>
</ul>
<h3>History of the Preamble to Indian Constitution</h3>
<ul style="list-style-type: square;">
<li>The ideals behind the Preamble to India&rsquo;s Constitution were laid down by <strong>Jawaharlal Nehru&rsquo;s Objectives Resolution,</strong> adopted by the Constituent Assembly on January 22, 1947.</li>
<li>Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.</li>
</ul>
<h3>Components of Preamble</h3>
<ul style="list-style-type: square;">
<li>It is indicated by the Preamble that the <strong>source of authority</strong> of the Constitution lies with the <strong>people of India.</strong></li>
<li>Preamble declares India to be a <strong>sovereign, socialist, secular and democratic republic.</strong></li>
<li>The objectives stated by the Preamble are to<strong> secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.</strong></li>
<li>The date is mentioned in the preamble when it was adopted i.e. <strong>November 26, 1949.</strong></li>
</ul>
<h3>Key words in the Preamble</h3>
<ul style="list-style-type: square;">
<li><strong>We, the people of India:</strong> It indicates the <strong>ultimate sovereignty of the people of India.</strong> Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.</li>
<li><strong>Sovereign:</strong> The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.</li>
<li><strong>Socialist:</strong> The term means the <strong>achievement of socialist ends through democratic</strong> means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.<br />
<ul style="list-style-type: circle;">
<li>It was added in the Preamble by 42<sup>nd</sup> Amendment, 1976.</li>
</ul>
</li>
<li><strong>Secular:</strong> The term means that all the religions in India get equal respect, protection and support from the state.<br />
<ul style="list-style-type: circle;">
<li>It was incorporated in the Preamble by 42<sup>nd</sup> Constitutional Amendment, 1976.</li>
</ul>
</li>
<li><strong>Democratic:</strong> The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.</li>
<li><strong>Republic:</strong> The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.</li>
</ul>
<h3>Objectives of the Indian Constitution</h3>
<ul style="list-style-type: square;">
<li>The Constitution is the supreme law and it helps to <strong>maintain integrity in the society</strong> and to <strong>promote unity among the citizens</strong> to build a great nation.<br />
<ul style="list-style-type: circle;">
<li>The main objective of the Indian Constitution is to <strong>promote harmony throughout the nation.</strong></li>
</ul>
</li>
<li>The factors which help in achieving this objective are:<br />
<ul style="list-style-type: circle;">
<li><strong>Justice:</strong> It is necessary to maintain order in society that is promised through various provisions of <strong>Fundamental Rights</strong> and <strong>Directive Principles of State Policy</strong> provided by the Constitution of India. It comprises three elements, which is <strong>social, economic, and political.</strong> <br />
<ul style="list-style-type: disc;">
<li><strong>Social Justice &ndash;</strong> Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.</li>
<li><strong>Economic Justice &ndash;</strong> Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.</li>
<li><strong>Political Justice &ndash;</strong> Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.</li>
</ul>
</li>
<li><strong>Equality:</strong> The term &lsquo;Equality&rsquo; means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.</li>
<li><strong>Liberty:</strong> The term &lsquo;Liberty&rsquo; means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.</li>
<li><strong>Fraternity:</strong> The term &lsquo;Fraternity&rsquo; means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.</li>
</ul>
</li>
<li><strong>Importance of Objectives:</strong> It provides a way of life. It includes <strong>fraternity, liberty,</strong> and <strong>equality</strong> as the notion of a happy life and which can not be taken from each other. <br />
<ul style="list-style-type: circle;">
<li>Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.</li>
<li>Without equality, liberty would produce the supremacy of the few over the many.</li>
<li>Equality without liberty would kill individual initiative.</li>
<li>Without fraternity, liberty would produce the supremacy of the few over the many.</li>
<li>Without fraternity, liberty and equality could not become a natural course of things.</li>
</ul>
</li>
</ul>
<h3>Status of Preamble</h3>
<ul style="list-style-type: square;">
<li>The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases. <br />
<ul style="list-style-type: circle;">
<li><strong>Berubari Case:</strong> It was used as a reference under <strong>Article 143(1)</strong> of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.</li>
<li>Through the<a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener"><strong> Berubari case</strong></a>, the Court stated that &lsquo;Preamble is the key to open the mind of the makers&rsquo; but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.</li>
</ul>
</li>
<li><strong>Kesavananda Bharati Case:</strong> In this <strong><a href="/daily-updates/daily-news-analysis/basic-structure-of-constitution" target="_blank" rel="noopener">case</a></strong>, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:<br />
<ul style="list-style-type: circle;">
<li>The<strong> Preamble of the Constitution</strong> will now be considered <strong>as part of the Constitution.</strong></li>
<li>The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.</li>
<li>So, it can be concluded that preamble is part of the introductory part of the Constitution.</li>
</ul>
</li>
<li>In the 1995 case of<strong> Union Government Vs LIC of India</strong> also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.</li>
</ul>
<h3>Amendment of the Preamble</h3>
<ul style="list-style-type: square;">
<li><strong>42<sup>nd</sup> Amendment Act, 1976:</strong> After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. <br />
<ul style="list-style-type: circle;">
<li>As a part of the Constitution, preamble can be amended under <a href="/to-the-points/Paper2/debate-on-the-procedure-of-amendment" target="_blank" rel="noopener"><strong>Article 368</strong> </a>of the Constitution, but the <a href="/daily-updates/daily-news-analysis/basic-structure-of-constitution" target="_blank" rel="noopener"><strong>basic structure</strong></a> of the preamble can not be amended.</li>
<li>Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the preamble is only amended once through the <a href="/to-the-points/Paper2/major-constitutional-amendments-part-3" target="_blank" rel="noopener"><strong>42<sup>nd</sup> Amendment Act, 1976.</strong> </a></li>
</ul>
</li>
<li>The term &lsquo;Socialist&rsquo;, &lsquo;Secular&rsquo;, and &lsquo;Integrity&rsquo; were added to the preamble through 42<sup>nd</sup> Amendment Act, 1976.<br />
<ul style="list-style-type: circle;">
<li>&lsquo;Socialist&rsquo; and &lsquo;Secular&rsquo; were added between &lsquo;Sovereign&rsquo; and &lsquo;Democratic&rsquo;.</li>
<li>&lsquo;Unity of the Nation&rsquo; was changed to &lsquo;Unity and Integrity of the Nation&rsquo;.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Fact:</strong></p>
<ul style="list-style-type: square;">
<li>Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force since the adoption of the Constitution on 26th November 1949 and the rest of the provisions on 26<sup>th</sup> January 1950.</li>
<li>The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the French Revolution.</li>
</ul>
</div>
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		'category_id' => (int) 27,
		'title' => 'Important Articles from Indian Constitution : Compilation Part II',
		'description' => '<h3>THE UNION JUDICIARY</h3>
<p><strong>Article 124</strong> - Establishment and constitution of the Supreme Court.</p>
<p><strong>Context -&nbsp;</strong></p>
<ul style="list-style-type: square;">
<li>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> has ruled that the office of the <strong>Chief Justice of India (CJI) is a public authority</strong> under the <a href="/to-the-points/paper4/right-to-information-1" target="_blank" rel="noopener"><strong>Right to Information (RTI) Act, 2005.</strong></a></li>
<li>The Union Cabinet of India has approved increasing the strength of judges in the Supreme court. The Cabinet has taken a decision to increase the strength (an increase of 10%) from 31 to 34 judges including the Chief Justice of India (CJI). As per the <a href="/daily-updates/daily-news-analysis/full-strength-of-sc-judges" target="_blank" rel="noopener"><strong>Article 124(1)</strong></a> of the Constitution of India, the strength of the Supreme Court is fixed by the law made by the Parliament.</li>
</ul>
<p><strong>Article 129 -</strong> Supreme Court to be a court of record. The Supreme Court has the power to punish for contempt of itself.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court of India has held former Ranbaxy promoters guilty of contempt for violating its order. However, the expression &lsquo;contempt of court&rsquo; has<strong> not been defined by the Constitution.</strong></li>
</ul>
<p><strong>Article 131 -</strong> Original jurisdiction of the Supreme Court</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Kerala moved to the Supreme Court challenging the <a href="/to-the-points/Paper2/citizenship-amendment-act-2019" target="_blank" rel="noopener"><strong>Citizenship (Amendment) Act, 2019</strong></a> - CAA, 2019. The suit has been filed under Article 131 of the Constitution.</li>
</ul>
<p><strong>Article 136 -</strong> Special leave to appeal by the Supreme Court</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court has recently held that a citizen&rsquo;s right to own private property is a human right. The Court used its extraordinary jurisdiction under <a href="/daily-updates/daily-news-analysis/special-leave-petition" target="_blank" rel="noopener"><strong>Article 136</strong> </a>of the Constitution to direct the government to pay compensation of 1 crore rupees.</li>
</ul>
<p><strong>Article 137 - Review of judgments or orders by the Supreme Court.</strong></p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Nirbhaya case convicts filed Curative petitions in the Supreme Court after <a href="/daily-updates/daily-news-analysis/mercy-petition" target="_blank" rel="noopener"><strong>mercy petition</strong></a> and <a href="/daily-updates/daily-news-analysis/review-petition" target="_blank" rel="noopener"><strong>review petition</strong></a> which has been rejected.</li>
<li>The Supreme Court has agreed to <a href="/daily-updates/daily-news-analysis/review-petition" target="_blank" rel="noopener"><strong>review its Sabarimala verdict.</strong></a> Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.</li>
</ul>
<p><strong>Article 141 -</strong> Law declared by the Supreme Court to be binding on all courts.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> In the <em>PUCL vs State of Maharashtra case (2014)</em>, the SC was dealing with writ petitions questioning the genuineness of 99 encounter killings by the Mumbai Police. The Supreme Court then laid down the <a href="/loksabha-rajyasabha-discussions/in-depth-encounter-supreme-court-guidelines" target="_blank" rel="noopener"><strong>16 point guidelines</strong></a> as the standard procedure to be followed for thorough, effective, and independent investigation in the cases of death during police encounters under article 141.</li>
</ul>
<p><strong>Article 142 -</strong> Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court invoked its special powers under <strong><a href="/daily-updates/daily-news-analysis/accused-can-be-ordered-to-give-voice-samples" target="_blank" rel="noopener">Article 142</a></strong> of the Constitution to remove a Manipur minister. The Speaker also failed to take any decision within the stipulated time period of 4 weeks as provided by <a href="/daily-updates/daily-news-analysis/disqualification-powers-of-speakers" target="_blank" rel="noopener"><strong>the Supreme Court in the 21<sup>st</sup> January, 2020 order.</strong></a></li>
<li>Article <strong>212 of the</strong> Constitution bars courts from inquiring into proceedings of the Legislature. In this case, however, prompted by the fact that the Speaker&rsquo;s conduct has been called into question on several occasions, the Court said it was &ldquo;constrained&rdquo; to invoke the court&rsquo;s extraordinary powers under Article 142 of the Constitution.</li>
</ul>
<h3>PART VI: THE STATES</h3>
<p><strong>The Executives</strong></p>
<p><strong>Article 161 -</strong> Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Tamil Nadu government&rsquo;s use of &ldquo;executive clemency&rdquo; under Article 161 of the Constitution for the 13 life convicts in the 1997 murder of six Dalits at Melavalavu village in Madurai district. Now, a two-member Madurai bench of the Madras High Court agreed to study the issue in detail.</li>
</ul>
<p><strong>Article 162 -</strong> Extent of executive power of State</p>
<p><strong>Article 163 -</strong> Council of Ministers to aid and advise Governor</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Recently, Article 162 and 163 was in news in context of Maharashtra CM Uddhav Thakrey&rsquo;s nomination to the State Legislative council.</li>
<li>Article 163(1) of the Constitution makes it clear that the Governor must follow the recommendations of the Council of Ministers in all situations &ldquo;except insofar as he is by or under this Constitution required to exercise his functions or any of them at his discretion&rdquo;.</li>
<li>However, the governor is bound by the advice of the Council of Ministers only in executive matters as defined in Article 162 (those &ldquo;with respect to which the Legislature of the State has power to make laws&rdquo;) &mdash; and since the nomination of members is not an executive power, he can act in his discretion.</li>
</ul>
<p><strong>Article 164 -</strong> Other provisions as to Ministers</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> During the oath-taking ceremony of the new government, the Chief Minister of Maharashtra with other ministers has altered the oath by invoking the names other than mentioned in the Constitution.</li>
<li>Article 164(3) states that before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out in the Third Schedule.</li>
</ul>
<p><strong>Article 169</strong> - Abolition or creation of Legislative Councils in States.</p>
<ul style="list-style-type: square;">
<li><strong>Context - <a href="/daily-updates/daily-news-analysis/andhra-pradesh-to-scrap-legislative-council" target="_blank" rel="noopener">The Andhra Pradesh (AP) assembly</a></strong> has passed a resolution to abolish the state&rsquo;s Legislative Council.</li>
<li><a href="/daily-updates/daily-news-analysis/odisha-plans-legislative-council" target="_blank" rel="noopener"><strong>The Odisha government is planning to introduce a Bill</strong></a> in the Odisha Assembly for the creation of a Vidhan Parishad or Legislative Council (LC), a second House of legislature.</li>
</ul>
<p><strong>Article 174 -</strong> Sessions of the State Legislature, prorogation and dissolution.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Recently, various political parties have voiced their concerns over <a href="/daily-updates/daily-news-analysis/powers-of-election-commission-to-delay-polls" target="_blank" rel="noopener"><strong>holding elections in Bihar amid Covid-19 pandemic</strong></a> and asked to postpone the same. The six months is the constitutionally defined limit between two sessions of the House/Assembly (Article 85(1) and Article 174(1) of the Constitution, respectively).</li>
</ul>
<p><strong>Article 190 -</strong> Vacation of seats</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court upheld the <a href="/daily-updates/daily-news-analysis/disqualification-of-karnataka-mlas" target="_blank" rel="noopener"><strong>disqualification of 17 dissident legislators approved by the then Karnataka Assembly Speaker</strong></a> K.R. Ramesh Kumar under the Tenth Schedule (Anti-Defection law). Under Article 190(3) of the Constitution, the Speaker has to ascertain the voluntary and genuine nature of a resignation before accepting it.</li>
</ul>
<p><strong>Article 214 -</strong> High Courts for States</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Following a Supreme Court order to notify the bifurcation of the Andhra Pradesh and Telangana High Courts by January 1, the President ordered the separation of the common Hyderabad High Court into the two separate High Courts of Andhra Pradesh and Telangana. Both started functioning separately from January 1, 2019.</li>
</ul>
<p><strong>Article 223 -</strong> Appointment of acting Chief Justice.</p>
<ul style="list-style-type: square;">
<li><strong>Context</strong> - In appointing acting Chief Justice in Madhya Pradesh High Court under article 223, centre ignored the recommendation made by the collegium.</li>
</ul>
<h3>PART VIII: THE UNION TERRITORIES</h3>
<p><strong>Article 239A -</strong> Creation of local Legislatures or Council of Ministers or both for certain Union territories.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> According to Section 13 of the J&amp;K Reorganisation Act, 2019, the provisions contained in article 239A, which are applicable to &ldquo;Union territory of Puducherry&rdquo;, shall also apply to the &ldquo;Union territory of Jammu &amp; Kashmir&rdquo;.</li>
</ul>
<p><strong>Article 239AA -</strong> Special provisions with respect to Delhi.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court (SC) delivered a split verdict on the contentious issue of division of powers between the Delhi government and the Central government over control of services, covering issues like transfer of officials, and referred the matter to a larger bench.</li>
</ul>
<p><strong>Article 240 -</strong> Power of President to make regulations for certain Union territories.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Union Cabinet, under Article 240 of the Constitution, approved the promulgation of the Daman and Diu Civil Courts (Amendment) Regulation, 2019, and the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Amendment Regulation, 2019.</li>
</ul>
<h3>PART IX: THE PANCHAYATS</h3>
<p><strong>Article - 243A-</strong> Gram Sabha</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Ministry of Panchayati Raj has directed all the States and Union Territories to organise Special Gram Sabhas and Mahila Sabhas (Women&rsquo;s Assemblies) in all Gram Panchayats on 8th March, 2020 to mark the International Women&rsquo;s Day. In India, out of the 30.41 lakh elected representatives of PRIs, 13.74 lakh (45.2%) are elected women, some of them from socially disadvantaged groups.</li>
</ul>
<p><strong>Article 243K -</strong> Elections to the Panchayats</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020 has reduced the term of State Election Commissioner from 5years to 3years and thereby removed the incumbent State Election Commissioner.</li>
</ul>
<h3>PART IXA: THE MUNICIPALITIES</h3>
<p><strong>Article 243Y -</strong> Finance Commission</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The 15<sup>th</sup> Finance Commission (headed by N K Singh) have expressed concern as the states have not been setting up their State Finance Commissions every five years as mandated by the 73<sup>rd</sup> Constitutional Amendment Act.</li>
</ul>
<p><strong>Read TTP on Major Constitutional Amendments- <a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener">Part I</a>, <a href="/to-the-points/Paper2/major-constitutional-amendments-part-2" target="_blank" rel="noopener">Part II</a>, <a href="/to-the-points/Paper2/major-constitutional-amendments-part-3" target="_blank" rel="noopener">Part III</a></strong></p>',
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		'article_id' => (int) 5912,
		'category_id' => (int) 27,
		'title' => 'Important Articles from Indian Constitution : Compilation Part I',
		'description' => '<h3>Introduction</h3>
<ul style="list-style-type: square;">
<li>The Constitution of India contains 395 articles in 22 parts. It also contains 12 schedules. Since its adoption in 1949, it has been amended for 103 times. </li>
<li>Total number of Amendment Bills introduced till today in parliament is 126. </li>
<li>Last year 2019-20, was extremely important from the point of view of important constitutional amendment, landmark judgements and several constitutional crises. Here we are consolidating the important constitutional articles which remain in news throughout the year.</li>
</ul>
<h3>PART I: THE UNION AND ITS TERRITORY</h3>
<p><strong>Article 3 -</strong> Formation of new States and alteration of areas, boundaries or names of existing States</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> <a href="/daily-updates/daily-news-analysis/uts-j-k-and-ladakh" target="_blank" rel="noopener"><strong>The Jammu and Kashmir Reorganisation Act, 2019</strong></a> reorganises the state of Jammu and Kashmir into: (i) the Union Territory of Jammu and Kashmir with a legislature, and (ii) the Union Territory of Ladakh without a legislature.</li>
</ul>
<h3>PART II CITIZENSHIP</h3>
<p><strong>Article 8 -</strong> Rights of citizenship of certain persons of Indian origin residing outside India.</p>
<p><strong>Article 10 -</strong> Continuance of the rights of citizenship.</p>
<p><strong>Article 11 -</strong> Parliament to regulate the right of citizenship by law.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The <a href="/to-the-points/Paper2/citizenship-amendment-act-2019" target="_blank" rel="noopener"><strong>Citizenship (Amendment) Act 2019</strong></a>, amends the Citizenship Act, 1955, and seeks to make foreign illegal migrants of certain religious communities coming from Afghanistan, Bangladesh, and Pakistan eligible for Indian citizenship. </li>
<li>The National Register of Citizens (NRC) is a register containing names of all genuine Indian citizens. At present, only Assam has such a register. </li>
</ul>
<h3>Part III FUNDAMENTAL RIGHTS</h3>
<p><strong>Article 14-</strong> Equality before law</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> <a href="/daily-updates/daily-news-analysis/the-muslim-women-protection-of-rights-on-marriage-act-2019" target="_blank" rel="noopener"><strong>The Muslim Women (Protection of Rights on Marriage) Act 2019</strong></a> makes a declaration of talaq a <strong>cognizable offence,</strong> attracting up to <strong>three years imprisonment </strong>witha<strong> fine. The <a href="/daily-updates/daily-news-editorials/criminalising-triple-talaq#:~:text=Recently%2C%20the%20Parliament%20has%20passed,e%2Dbiddat)%20as%20unconstitutional." target="_blank" rel="noopener">Triple Talaq</a> was considered as the violative of Article 14.</strong> </li>
</ul>
<p><strong>Article 15 -</strong> Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.</p>
<p><strong>Article 16 -</strong> Equality of opportunity in matters of public employment.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The <a href="/daily-updates/daily-news-analysis/states-prerogative-to-provide-10-reservation#:~:text=Constitution%20(103rd%20Amendment)%20Act%2C%202019&amp;text=It%20was%20enacted%20to%20promote,to%20the%20EWSs%20of%20society." target="_blank" rel="noopener"><strong>Constitution (103<sup>rd</sup> Amendment) Act, 2019</strong></a>, provides for 10% <strong>reservation</strong> for the economically weaker sections <strong>(EWS)</strong> in higher educational institutions and jobs within the general category. It inserted article 15 (6) and 16 (6) in the constitution. </li>
</ul>
<p><strong>Article 19 -</strong> Freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court has declared access to the<a href="/daily-updates/daily-news-editorials/internet-as-a-medium-of-freedom-of-expression" target="_blank" rel="noopener"><strong> internet a fundamental right</strong> </a>under Article 19 (1)(a) of the Constitution.</li>
</ul>
<p><strong>Article 20-</strong> Protection in respect of conviction for offences.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Rule 49 MA provides for prosecution of a voter for making a false complaint of malfunction of an electronic voting machine or a voter verifiable paper audit trail machine. It is in contradiction with <em><strong>Article 20(3)</strong></em> of the Constitution which says that no person accused of an offence shall be compelled to be a witness against himself. </li>
</ul>
<p><strong>Article 32 -</strong> Right to constitutional remedies.</p>
<h3>Part IV DIRECTIVE PRINCIPLES OF STATE POLICY</h3>
<p><strong>Article 39 -</strong> Certain principles of policy to be followed by the State.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court appointed <strong>Justice Amitava Roy (retd.) Committee</strong> has given recommendations to <strong>reform prisons.</strong> Article 39-A of the Constitution directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way.</li>
</ul>
<p><strong>Article 41</strong> Right to work, to education and to public assistance in certain cases.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> <a href="/daily-updates/daily-news-analysis/quota-for-disabled-in-panchayats" target="_blank" rel="noopener"><strong>The Chhattisgarh Cabinet</strong></a> has approved an amendment to the State Panchayati Raj Act, 1993, which makes <strong>mandatory the presence of a person with disabilities</strong> in all panchayats across the state. This implies that if differently abled members are not elected through the electoral process, then one member, either male or female, would be nominated by the government.</li>
</ul>
<p><strong>Article 43 -</strong> Living wage, etc., for workers.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Recently the government has enacted <a href="/daily-updates/daily-news-analysis/the-code-on-wages-bill" target="_blank" rel="noopener"><strong>Wage Code Act</strong></a> to ensure minimum wage to the workers.</li>
</ul>
<p><strong>Article 44</strong> - Uniform civil code for the citizens</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme Court in a case concerning the question of whether succession and inheritance of a Goan domicile is governed by the Portuguese Civil Code, 1867 or the Indian Succession Act of 1925, held that the Constitution in <strong>Article 44</strong> requires the State to strive to secure for its citizens a <a href="/to-the-points/Paper2/uniform-civil-code" target="_blank" rel="noopener"><strong>Uniform Civil Code (UCC)</strong></a> throughout India, but till date, no action has been taken in this regard.</li>
</ul>
<h3>Part V UNION EXECUTIVE &amp; PARLIAMENT</h3>
<p><strong>Article 72 -</strong> Power of President to grant pardons etc., and to suspend, remit or commute sentences in certain cases.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The convicts of Nirbhaya Case have misused the <a href="/daily-updates/daily-news-analysis/mercy-petition" target="_blank" rel="noopener"><strong>presidential pardon</strong></a> as dilatory tactics to frustrate the judicial process.</li>
</ul>
<p><strong>Article 80 -</strong> Composition of the Council of States.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Supreme court has held that the <a href="/daily-updates/daily-news-analysis/sc-scraps-nota-for-rajya-sabha" target="_blank" rel="noopener"><strong>NOTA option is meant only for universal adult suffrage and direct elections</strong></a> and not for polls held by the system of proportional representation by means of the single transferable vote as done in the Rajya Sabha. The court held that making NOTA applicable in Rajya Sabha elections is contrary to Article 80(4) of the constitution and the Supreme Court&rsquo;s judgment in <strong>PUCL v Union of India (2013).</strong></li>
</ul>
<p><strong>Article 82</strong> Readjustment after each census.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The bifurcation of Jammu and Kashmir state into the <a href="/to-the-points/Paper2/delimitation-1" target="_blank" rel="noopener"><strong>Union Territories of J&amp;K and Ladakh has made delimitation of their electoral constituencies inevitable.</strong></a> Recently, the EC has held &ldquo;internal discussions&rdquo; on the Jammu and Kashmir reorganisation Act, 2019, particularly its provisions on delimitation.</li>
</ul>
<p><strong>Article 102 -</strong> Disqualifications for membership.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> The Centre is considering a constitutional amendment to define the term <a href="/infographics/info-paper2/office-of-profit" target="_blank" rel="noopener"><strong>&lsquo;office of profit&rsquo;</strong> </a>and the exempted categories. The draft amendment proposes to exempt advisors appointed by the Centre or states and those appointed to discharge legislative functions such as leader of opposition, chief whips, etc from disqualification related to the &lsquo;office of profit&rsquo;.</li>
</ul>
<p><strong>Article 123 -</strong> Power of President to promulgate Ordinances during recess of Parliament.</p>
<ul style="list-style-type: square;">
<li><strong>Context -</strong> Ordinances promulgated - <br />
<ul style="list-style-type: circle;">
<li><strong><a href="/daily-updates/daily-news-analysis/taxation-and-other-laws-relaxation-of-certain-provisions-ordinance-2020" target="_blank" rel="noopener">Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020</a></strong></li>
<li><a href="/daily-updates/daily-news-analysis/ordinance-to-protect-health-workers" target="_blank" rel="noopener"><strong>Ordinance to Protect Health Workers</strong></a></li>
<li><a href="/daily-updates/daily-news-analysis/government-re-promulgates-triple-talaq-ordinance" target="_blank" rel="noopener"><strong>Government Re-Promulgates Triple Talaq Ordinance</strong></a></li>
</ul>
</li>
</ul>
<p><strong>Read TTP on Major Constitutional Amendments- <a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener">Part I</a>, <a href="/to-the-points/Paper2/major-constitutional-amendments-part-2" target="_blank" rel="noopener">Part II</a>, <a href="/to-the-points/Paper2/major-constitutional-amendments-part-3" target="_blank" rel="noopener">Part III</a></strong></p>',
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		'article_id' => (int) 5727,
		'category_id' => (int) 21,
		'title' => 'Increased Funding for Panchayats',
		'description' => '<h3>Why in News</h3>
<p>Recently, in a meeting with the <a href="/daily-updates/daily-news-analysis/need-to-set-up-state-finance-commission" target="_blank" rel="noopener"><strong>15<sup>th</sup> Finance Commission</strong></a>, the <a href="/to-the-points/Paper2/year-end-review-2019-ministry-of-panchayati-raj" target="_blank" rel="noopener"><strong>Panchayati Raj Ministry</strong></a> has pitched for a <strong>fivefold increase in funding</strong> for rural local bodies.</p>
<ul style="list-style-type: square;">
<li>The Ministry asked for Rs 10 lakh crore to be allocated for the 2020-21 to 2025-26 period, in comparison to the Rs 2 lakh crore allocated under the 14<sup>th</sup> Finance Commission.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Allocations had tripled</strong> between the 13<sup>th</sup> and 14<sup>th</sup> Commissions and the<strong> utilisation rate</strong> for FC grants between 2015 and 2019 stands at<strong> 78%.</strong></li>
<li>The 2.63 lakh panchayats across the country have <strong>29 functions under their ambit,</strong> according to the<strong> 11<sup>th</sup> Schedule of the Constitution.</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Road construction, its maintenance and drinking water supply</strong> are the major projects carried out by panchayats using FC grants.</li>
<li><a href="/to-the-points/Paper2/major-constitutional-amendments-part-3" target="_blank" rel="noopener"><strong>Seventy-Third Amendment Act, 1992</strong></a>:<br />
<ul style="list-style-type: disc;">
<li>Granted constitutional status and protection to the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/panchayati-raj-institution-pri" target="_blank" rel="noopener"><strong>Panchayati Raj</strong></a> institutions.</li>
<li>For this purpose, the Amendment added a new <strong>Part-IX</strong> entitled as &lsquo;the panchayats&rsquo; and a new 11<sup>th</sup> Schedule containing 29 functional items of the panchayats.</li>
</ul>
</li>
</ul>
</li>
<li>During the <a href="/daily-updates/daily-news-analysis/coronavirus-disease-named-covid-19" target="_blank" rel="noopener"><strong>Covid-19</strong></a>, panchayats gained importance as crucial nodal points as they <strong>ran isolation centres, medical camps and contact tracing.</strong><br />
<ul style="list-style-type: circle;">
<li>However, a major challenge during the<a href="/daily-updates/daily-news-analysis/covid-19-now-pandemic-who" target="_blank" rel="noopener"><strong> pandemic</strong> </a>and <a href="/daily-updates/daily-news-analysis/21-days-lockdown" target="_blank" rel="noopener"><strong>lockdown</strong> </a>was that most panchayats could not provide cooked food at short notice.</li>
<li>The Ministry has proposed to set up <strong>community kitchens</strong> in each panchayat, operated by local <a href="/to-the-points/Paper2/self-help-groups-shgs" target="_blank" rel="noopener"><strong>self-help groups</strong></a> (SHGs).</li>
</ul>
</li>
<li>The role of panchayats also becomes important because now the <a href="/daily-updates/daily-news-analysis/garib-kalyan-rojgar-abhiyaan" target="_blank" rel="noopener"><strong>Garib Kalyan Rojgar Abhiyan</strong></a> will also depend on them to generate employment for newly returned migrant workers.</li>
</ul>
<div class="border-bg">
<p><strong>Finance Commission</strong></p>
<ul style="list-style-type: square;">
<li>It is a<strong> constitutional body,</strong> that <strong>determines the method and formula for distributing the tax proceeds between the Centre and states</strong> and <strong>among the states</strong> as per the constitutional arrangement and present requirements.</li>
<li>Under <strong>Article 280 of the Constitution,</strong> the <strong>President of India</strong> is required to constitute a <a href="/daily-updates/daily-news-analysis/j-k-and-15th-finance-commission" target="_blank" rel="noopener"><strong>Finance Commission</strong></a> at an interval of <strong>five years or earlier.</strong></li>
<li>The <strong>1<sup>st</sup> Finance Commission</strong> was set up in <strong>1951</strong> and there have been fifteen so far.</li>
<li>The <strong>15<sup>th</sup> Finance Commission</strong> was constituted by the President of India on<strong> 27<sup>th</sup> November 2017,</strong> against the backdrop of the <strong>abolition of the</strong> <a href="/daily-updates/daily-news-editorials/planning-in-india" target="_blank" rel="noopener"><strong>Planning Commission</strong></a> and the <strong>introduction of the<a href="/daily-updates/daily-news-analysis/fall-in-goods-and-services-tax-gst-collections" target="_blank" rel="noopener"> Goods and Services Tax</a></strong> (GST).<br />
<ul style="list-style-type: circle;">
<li>The 15<sup>th</sup> Finance Commission is <strong>headed by N.K. Singh.</strong></li>
</ul>
</li>
<li>In <strong>November 2019,</strong> the Union Cabinet <strong>approved</strong> the 15<sup>th</sup> Finance Commission to <strong>submit its first report for the first fiscal year 2020-21</strong> and to<strong> extend its tenure</strong> to provide for the presentation of the <strong>final report covering Financial Years 2021-22 to 2025-26 </strong>by <strong>30<sup>th</sup> October, 2020.</strong></li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/panchayats-to-get-10-lakh-cr-till-2026/article31918244.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 15 => object(Cake\ORM\Entity) {

		'article_id' => (int) 5688,
		'category_id' => (int) 22,
		'title' => 'Anti Defection Law',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/editorial/revolving-door-the-hindu-editorial-on-politics-in-manipur/article31873062.ece" target="_blank" rel="noopener"><strong>Revolving door: On Manipur politics</strong></a> published in The Hindu on 20/06/2020. It talks about the politics of defection in India and related challenges in the Anti-defection laws.</p>
</div>
<p>Recently, some of the sitting MLAs in the Manipur government defected to the opposition creating instability in the state's polity. This <a href="/daily-updates/daily-news-editorials/politics-of-defection" target="_blank" rel="noopener"><strong>politics of defection</strong></a> in Manipur is not unique, there have been some other recent examples of defection in Karnataka, Madhya Pradesh, Arunachal Pradesh and Uttarakhand.</p>
<p>For a very long time, the Indian political system was impacted by political defections by members of the legislature. This situation brought about greater instability and chaos in the political system.</p>
<p>Thus, in 1985, to curb the evil of political defections, the 52<sup>nd</sup> constitution amendment act on anti-defection was passed and the 10th Schedule was added in the Indian Constitution.</p>
<p>However, the recent examples of defection in the Indian polity show that the law needs a relook in order to plug the loopholes and achieve a balance between the rights of legislators and interests of legislative stability.</p>
<h3>Issues Associated With the Defection</h3>
<ul style="list-style-type: square;">
<li><strong>Subversion of electoral mandates:</strong> Defection is the subversion of electoral mandates by legislators who get elected on the ticket of one party but then find it convenient to shift to another, due to the lure of ministerial berths or financial gains.</li>
<li><strong>Affects the normal functioning of government:</strong> The infamous <strong>&ldquo;Aaya Ram, Gaya Ram&rdquo;</strong> slogan was coined against the background of continuous defections by the legislators in the 1960s. The defection leads to instability in the government and affects the administration.</li>
<li><strong>Promote horse-trading:</strong> Defection also promotes horse-trading of legislators which clearly go against the mandate of a democratic setup.</li>
</ul>
<div class="border-bg">
<p><strong>91<sup>st</sup> Constitution Amendment Act-2003</strong></p>
<ul style="list-style-type: square;">
<li>It aimed at limiting the size of the Council of Ministers to debar defectors from holding public offices, and to strengthen the anti-defection law.</li>
<li>Earlier, a defection by one-third of the elected members of a political party was considered a &lsquo;merger&rsquo;. The amendment changed it to at least two-thirds.</li>
</ul>
<p><strong>Kihota Hollohon vs. Zachilhu (1992)</strong></p>
<ul style="list-style-type: square;">
<li>In the judgment, the Supreme Court clarified that the 10<sup>th</sup> schedule is constitutionally valid. It neither impinges upon the freedom of speech and expression nor subverts the democratic rights of elected members.</li>
<li>It also upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.
<ul style="list-style-type: circle;">
<li>However, it also held that Presiding Officer&rsquo;s decisions of disqualification shall be open to judicial review.</li>
</ul>
</li>
</ul>
</div>
<h3>Challenges of Anti-Defection Law</h3>
<ul style="list-style-type: square;">
<li><strong>Against the true spirit of representative democracy:</strong> The anti-defection law seeks to provide a stable government by ensuring the legislators do not switch sides.
<ul style="list-style-type: circle;">
<li>However, this law also enforces a restriction on legislators from voting in line with their conscience, judgement and interests of his electorate.</li>
</ul>
</li>
<li><strong>Impedes legislative control on government:</strong> The anti-defection law impedes the oversight function of the legislature over the government, by ensuring that members vote based on the decisions taken by the party leadership.
<ul style="list-style-type: circle;">
<li>In short, if legislators are not able to vote on laws independently, they would not act as an effective check on the government.</li>
<li>The Anti-Defection Law, in effect, dilutes the separation of powers between the Executive and the Legislature &ndash; and centralises power in the hands of the executives.</li>
</ul>
</li>
<li><strong>Role of presiding officer of the house:</strong> The law lays down that legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
<ul style="list-style-type: circle;">
<li>However, there are many instances when presiding officers play a part with the vested interests of a political party/government in power.</li>
<li>Also, the law does not specify a time period for the Presiding Officer to decide on a disqualification plea.</li>
<li>The decision thus is sometimes based on the whims and fancies of the presiding officer.</li>
</ul>
</li>
<li><strong>Affects the debate and discussion:</strong> The Anti-Defection Law has created a democracy of parties and numbers in India, rather than a democracy of debate and discussion.
<ul style="list-style-type: circle;">
<li>In this way, it does not make a differentiation between dissent and defection and weaken the Parliamentary deliberations on any law.</li>
</ul>
</li>
</ul>
<h3>Steps To Be Taken</h3>
<ul style="list-style-type: square;">
<li><strong>Rational use of the anti-defection law:</strong> Several experts have suggested that the law should be valid only for those votes that determine the stability of the government. e.g. passage of the annual budget or no-confidence motions.</li>
<li><strong>Advice of Election Commission:</strong> Various commissions including <strong>National Commission to review the working of the constitution (NCRWC)</strong> have recommended that rather than the Presiding Officer, the decision to disqualify a member should be made by the President (in case of MPs) or the Governor (in case of MLAs) on the advice of the Election Commission.</li>
<li><strong>Independent authority to deal with disqualification:</strong> Justice Verma in <strong>Hollohan judgment</strong> said that tenure of the Speaker is dependent on the continuous support of the majority in the House and therefore, he does not satisfy the requirement of such independent adjudicatory authority.
<ul style="list-style-type: circle;">
<li>Also, his choice as the sole arbiter in the matter violates an essential attribute of the basic feature.</li>
<li>Thus, the need for an independent authority to deal with the cases of defection.</li>
</ul>
</li>
<li><strong>Promoting the principle of intra-party democracy: 170<sup>th</sup> Law Commission report</strong> underscored the importance of intra-party democracy by arguing that a political party cannot be a dictatorship internally and democratic in its functioning outside.
<ul style="list-style-type: circle;">
<li>Thus, the parties should listen to the opinions of the members and have discussions on the same. This would give the freedom of speech and expression to its members and promote inner-party democracy.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>Though due to anti-defection law, political instability caused by the frequent and unholy change of allegiance on the part of the legislators of our country has been contained to a very great extent, yet there is a need for a more rationalised version of anti-defection laws which will help establish a truly representative democracy.</p>
<p><a href="http://www.drishtiias.com/images/uploads/1592825745_image.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1592825745_image.jpg" style="display: block; margin-left: auto; margin-right: auto;" width="450" caption="false" /></a></p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #f0fff0;">
<p><span style="color: #333399;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>&ldquo;52<sup>nd</sup> constitution amendment act has curbed the evil of political defection and made Indian polity more stable&rdquo;. Critically analyse.</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: center;"><iframe width="560" height="315" src="https://www.youtube.com/embed/agwyza7FVMs" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="allowfullscreen"></iframe></p>
<p>This editorial is based on <a href="https://www.thehindu.com/opinion/editorial/revolving-door-the-hindu-editorial-on-politics-in-manipur/article31873062.ece" target="_blank" rel="noopener"><strong>&ldquo;Revolving door: On Manipur politics&rdquo;</strong> </a>which was published in The Hindu on June 20<sup>th</sup>, 2020. Now watch this on our Youtube channel.</p>',
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	(int) 16 => object(Cake\ORM\Entity) {

		'article_id' => (int) 5328,
		'category_id' => (int) 27,
		'title' => 'Year End Review 2019: Ministry of Panchayati Raj',
		'description' => '<ul style="list-style-type: square;">
<li>The Ministry of Panchayati Raj (MoPR) is responsible for the work of advocacy, monitoring and implementation of 73<sup>rd</sup> Constitutional Amendment.</li>
<li>The role of the MoPR involves strengthening the administrative infrastructure, basic services etc. by leveraging technology and capacity building of the functionaries of Rural Local Body (RLB).</li>
</ul>
<h3>Important Schemes and Policies</h3>
<p><strong>Fourteenth Finance Commission (FFC) Grants</strong></p>
<ul style="list-style-type: square;">
<li>Ministry monitors the effective utilization of FFC Grants by the Gram Panchayats (GPs) through <a href="/daily-updates/daily-news-analysis/public-financial-management-system-pfms" target="_blank" rel="noopener"><strong>Public Financial Management System</strong></a> (PFMS).</li>
<li>Around 5.5 Lakhs assets created by using FFC grants in GPs have been geo-tagged to give thrust to the digital monitoring system.</li>
<li>A majority of Gram Panchayats are on-board in PRIASoft-PFMS and a lot of them are already doing digital payments through PRIASoft -PFMS.</li>
</ul>
<p><strong>Panchayat Enterprise Suite Application</strong></p>
<ul style="list-style-type: square;">
<li>The Ministry of Panchayati Raj has conceived a software viz, <strong>PlanPlus,</strong> the software application facilitates the consolidation and integration of all plans of all planning units.</li>
<li>The Gram Panchayat development plans (GPDPs) prepared by the panchayats are uploaded on the software and the citizens can also view the activities being planned in their respective areas.</li>
<li>Currently, generation of plans through PlanPlus has been prescribed as one of the necessary conditions for release of performance grants.</li>
<li>Action Soft is another Panchayat Enterprise Suite (PES) Application which works in collaboration with Plan-Plus and captures the work execution flow, converges and keeps track of flow of funds from different source s during implementation and brings about total transparency in the reporting of physical and financial progress of works.</li>
<li>PRIA Soft is another PES application developed for managing receipts and expenditure of approved list of works through voucher entries.</li>
</ul>
<p><strong>Fourteenth Finance Commission Recommendations</strong></p>
<ul style="list-style-type: square;">
<li>The Fourteenth Finance Commission recommendations are path breaking to strengthen local governments.</li>
<li><strong>Fiscal decentralization</strong> and the <strong>trust-based approach</strong> have empowered our Gram Sabhas and Gram Panchayats to address the local needs.</li>
<li>The <strong>devolution of funds</strong> has also had an impact on the effectiveness, responsiveness and quality of the public services delivered in rural areas.</li>
<li>The <strong>formulation of GPDPs and digitization of Panchayat records</strong> through PES applications has made the system more transparent, accountable and effective.</li>
<li>Through proper planning at the local level, the funds devolved can be effectively utilized for more inclusive development.</li>
<li>The State Governments should trust the village Panchayats and provide them flexibility to utilize the untied funds to meet the local needs.</li>
<li><strong>Decentralized planning</strong> will be a motivating exercise for the citizens if their demands are heard, accepted and fulfilled.</li>
</ul>
<div class="border-bg">
<p><strong>Panchayati Raj: Background</strong></p>
<ul style="list-style-type: square;">
<li>Panchayati Raj, the institutional manifestation of democratic decentralization in India, became an integral part of the Indian Constitution only after five decades of independence in the year 1993 after the enactment of 73<sup>rd</sup> Constitutional Amendment Act.</li>
<li>Post Independence, the <strong>first major Community Development Programme was launched in 1952</strong> with the aim of bringing about overall development of rural areas through people&rsquo;s participation. <br />
<ul style="list-style-type: circle;">
<li>This programme was formulated to provide an administrative framework through which the government could reach to the district, tehsil/taluka and village level.</li>
</ul>
</li>
<li>Later in 1957, the Planning Commission appointed a <strong>committee headed by Balwantrai Mehta in 1957 to study the Community Development Programmes and National Extension Services Programme</strong> especially to assess the extent of people&rsquo;s participation and to recommend ways to ensure this.</li>
<li>The committee recommended three-tier panchayati raj system in the country viz Zila Parishad at the District Level, Panchayat Samiti at the Block/ Tehsil/ Taluka Level and Gram Panchayat at the Village Level.</li>
<li>Though the committee did not recommend a rigid frame work for the same, the seeds were sown for the birth of contemporary Panchayati Raj.</li>
<li>Subsequently<strong> the Ashok Mehta Committee&rsquo;s recommendations</strong> in 1978 for a two-tier system with Zilla Parishad at the district level and Mandal Panchayat as the base and <strong>L. M. Singhvi Committee&rsquo;s recommendations</strong> that the PRIs should be enshrined in the Constitution and &lsquo;Gram Sabha&rsquo; should be the base for decentralised democracy, bore fruits in the form of the 73<sup>rd</sup> Constitutional Amendment Act, 1993.</li>
<li>This became landmark development in the history of local self-government. It uniformly introduced a three-tier Panchayati Raj system throughout the country and provided them with necessary powers and authority to help them to function as units of self-government. Panchayati Raj was started in India on the premise that at the local level there should be some kind of democracy which would involve people in the process of governance. If the people are to be involved they have to be given responsibilities in the functioning of the institutions and development programmes of the government. This is the only way democracy reaches the masses.</li>
</ul>
</div>
<p><strong>Mission Mode Project (MMP) on e-Panchayat</strong></p>
<ul style="list-style-type: square;">
<li>Under the e-Panchayat MMP, a suite of Core Common Applications has been developed collectively called Panchayat Enterprise Suite (PES) Applications. Following are some of the key activities undertaken under the e-Panchayat MMP during the year:<br />
<ul style="list-style-type: circle;">
<li><strong>Unified portal focusing on Work Based Accounting:</strong> It will bring in a more user-friendly interface with ease of navigation that would make it hassle-free for the GPs to track, monitor and modify their Action Plan.</li>
<li><strong>On-boarding of schemes on PRIASoft-PFMS integration for real time payments by GPs:</strong> The Ministry, in the current year, has put in place a robust mechanism capturing the entire gamut of activity right from the stage of planning to monitor the various stages of work, recording the expenditure incurred for the works to providing complete detail of the asset created.</li>
<li><strong>Gram Manchitra:</strong> It is a Spatial Planning Application provides a single/ unified Geo Spatial platform to better visualize the various developmental works to be taken up across the 29 sectors and provide a decision support system for GPDP.</li>
</ul>
</li>
</ul>
<p><strong>Rashtriya Gram Swaraj Abhiyan (RGSA)</strong></p>
<ul style="list-style-type: square;">
<li>Launched in 2018, this centrally sponsored scheme is an effort in the direction of achieving &ldquo;Sabka Sath, Sabka Gaon, Sabka Vikas&rdquo;.</li>
<li>The RGSA helps more than 2.55 lakh <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/panchayati-raj-institution-pri" target="_blank" rel="noopener"><strong>Panchayati Raj Institutions</strong></a> (PRIs) to develop governance capabilities to deliver on SDGs through inclusive local governance with focus on optimum utilisation of available resources.</li>
<li>The key principles of SDGs, i.e. leaving no one behind, reaching the farthest first and universal coverage, along with gender equality will be embedded in the design of all capacity building interventions including trainings, training modules and materials.</li>
<li>Priority will be given to subjects of national importance that affects the excluded groups the most, e.g. poverty, primary health services, nutrition, immunization, sanitation, education, water conservation, digital transactions etc.</li>
<li>The implementation and monitoring of the activities of the scheme are broadly aligned for achieving the Sustainable Development Goals (SDGs) with main thrust on Panchayats identified under Mission Antyodaya and Aspirational districts as identified by NITI Aayog.</li>
<li>This scheme extends to all States and UTs of the country and will also include institutions of rural local government in non-Part IX areas, where Panchayats do not exist.</li>
<li>The scheme will strengthen Gram Sabhas to function as effective institutions with social inclusion of citizens particularly the vulnerable groups.</li>
<li>It will establish the institutional structure for capacity building of PRIs at the national, state and district level with adequate human resources and infrastructure.</li>
<li>Panchayats will progressively be strengthened through incentivisation on the basis of nationally important criteria which will encourage competitive spirit among them.</li>
</ul>
<p><a href="/daily-updates/daily-news-analysis/sabki-yojana-sabka-vikas-campaign" target="_blank" rel="noopener"><strong>People&rsquo;s Plan Campaign (PPC)- Sabki Yojana Sabka Vikas</strong></a></p>
<ul style="list-style-type: square;">
<li>It aims to draw up Gram Panchayat Development Plans (GPDPs) in the country and place them on a website where anyone can see the status of the various government&rsquo;s flagship schemes.</li>
<li>To provide sustainability to the GPDP formulation process into a participative and transparent exercise,<strong> the process of GPDP preparation for the financial year 2020-21 again started in a Campaign mode from 2nd October, 2019 as PPC-2019.</strong></li>
</ul>
<div class="border-bg">
<p><strong>NOTE</strong></p>
<ul style="list-style-type: square;">
<li><strong>National Panchayat Day:</strong> It is celebrated on 24 April every year. It was on this day in 1993, that the 73<sup>rd</sup> amendment act had come into force.</li>
<li><strong>Panchayati Raj:</strong> The term was coined by PM Nehru who inaugurated the 3-tier Panchayati Raj in Nagaur (Rajasthan, 2 October 1959).</li>
</ul>
</div>
<p><strong>Incentivization of Panchayats</strong></p>
<ul style="list-style-type: square;">
<li>The Ministry has been incentivizing the Panchayats/ States/ Union Territories (UTs) under the scheme of Incentivization of Panchayats, one of the central components of the restructured scheme of RGSA, in recognition of their good work for improving delivery of services &amp; public goods and to encourage a spirit of competition.</li>
<li>Awards, including financial incentives are given annually to best performing Panchayats/States/UTs under various categories namely, <br />
<ul style="list-style-type: circle;">
<li>Deen Dayal Upadhyay Panchayat Sashaktikaran Puraskar (DDUPSP) for Gram/ Block/ District Panchayats;</li>
<li>Nanaji Deshmukh Rashtriya Gaurav Gram Sabha Puraskar (NDRGGSP) for Gram Panchayats;</li>
<li>Gram Panchayat Development Plan (GPDP) Award for Gram Panchayats;</li>
<li>Child-friendly Gram Panchayat Award (CFGPA) for Gram Panchayats and e-Panchayat Puraskar for States/UTs.</li>
</ul>
</li>
</ul>',
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		'article_id' => (int) 5146,
		'category_id' => (int) 21,
		'title' => 'Basic Structure of Constitution',
		'description' => '<h3>Why in News</h3>
<p>The concept of <strong>&lsquo;basic structure&rsquo;</strong> came into existence in the landmark judgment in <strong>Kesavananda Bharati vs State of Kerala case (1973)</strong> 47 years ago.</p>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>Since the adoption of Indian Constitution, debates have started regarding the<strong> power of the Parliament to amend key provisions of the Constitution.</strong></li>
<li>In the early years of Independence, the <strong>Supreme Court conceded absolute power to Parliament in amending the Constitution,</strong> as was seen in the verdicts in <strong>Shankari Prasad case (1951)</strong> and <strong>Sajjan Singh case (1965).</strong><br />
<ul style="list-style-type: circle;">
<li>In both<strong> the cases</strong> the court had ruled that the term<strong> &ldquo;law&rdquo;</strong> in <strong>Article 13</strong> must be taken to mean<strong> rules or regulations made in exercise of ordinary legislative power</strong> and <strong>not amendments to the Constitution</strong> made in exercise of constituent power under <strong>Article 368.</strong></li>
<li>This means Parliament had the power to amend any part of the constitution including Fundamental rights.</li>
<li>Article 13(2) reads, "The State shall not <strong>make any law</strong> which takes away or abridges the right conferred by this Part (Part-III) and any law made in contravention of this clause shall, to the extent of contravention, be void."</li>
</ul>
</li>
<li>However, in the <strong>Golaknath case (1967),</strong> the Supreme Court held that <strong>Parliament could not amend Fundamental Rights,</strong> and this power would be only with a Constituent Assembly.<br />
<ul style="list-style-type: circle;">
<li>The Court held that an <strong>amendment under Article 368 is "law" within the meaning of Article 13</strong> of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void.</li>
</ul>
</li>
<li>To get over the judgments of the Supreme Court in <strong>the Golaknath case (1967), RC Cooper case (1970), and Madhavrao Scindia case (1970),</strong> the then government headed by Prime Minister Indira Gandhi had enacted major <strong>amendments to the Constitution (the 24<sup>th</sup>, 25<sup>th</sup>, 26<sup>th</sup> and 29<sup>th</sup>).</strong></li>
<li>All the four amendments brought by the government were challenged in the Kesavananda Bharati case.</li>
</ul>
<h3>Kesavananda Bharati case</h3>
<ul style="list-style-type: square;">
<li>In Kesavananda Bharati case, a relief was sought against the Kerala government vis-&agrave;-vis <strong>two state land reform laws,</strong> which imposed restrictions on the management of religious property.<br />
<ul style="list-style-type: circle;">
<li>The <strong>case was challenged under Article 26,</strong> concerning the right to manage religiously owned property without government interference.</li>
<li><strong>Question underlying the case:</strong> Was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?</li>
</ul>
</li>
<li>The Constitutional Bench in Kesavananda Bharati case ruled by a 7-6 verdict that <strong>Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.</strong></li>
<li>However, the court<strong> did not define the term &lsquo;basic structure&rsquo;,</strong> and only listed a few principles &mdash;<strong> federalism, secularism, democracy &mdash;</strong> as being its part.</li>
<li>The &lsquo;basic structure&rsquo; doctrine has since been interpreted to include <br />
<ul style="list-style-type: circle;">
<li>the supremacy of the Constitution,</li>
<li>the rule of law,</li>
<li>Independence of the judiciary,</li>
<li>doctrine of separation of powers,</li>
<li>sovereign democratic republic,</li>
<li>the parliamentary system of government,</li>
<li>the principle of free and fair elections,</li>
<li>welfare state, etc.</li>
</ul>
</li>
<li>An <strong>example</strong> of application of basic structure is the <strong>SR Bommai case (1994).</strong><br />
<ul style="list-style-type: circle;">
<li>In this case the Supreme Court upheld the dismissal of BJP governments by the President following the demolition of the Babri Masjid, invoking a threat to secularism by these governments.</li>
</ul>
</li>
<li><strong>Arguments related to Basic structure</strong><br />
<ul style="list-style-type: circle;">
<li>Critics of the doctrine have called it undemocratic, since unelected judges can strike down a constitutional amendment. At the same time, its proponents have hailed the concept as a safety valve against majoritarianism and authoritarianism.</li>
</ul>
</li>
<li><strong>Origin:</strong> The basic structure theory<strong> was first introduced by Justice Mudholkar</strong> in the Sajjan Singh case (1965) by referring to a 1963 decision of the Supreme Court of Pakistan. <br />
<ul style="list-style-type: circle;">
<li>Chief Justice Cornelius of Pakistan had held that the President of Pakistan could not alter the &ldquo;fundamental features&rdquo; of their Constitution.</li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/explained/explained-47-years-of-a-judgment-that-upheld-basic-structure-of-indias-constitution-6379081/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 4683,
		'category_id' => (int) 27,
		'title' => 'Major Constitutional Amendments: Part-3',
		'description' => '<p><em>Click here for <a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener"><strong>Major Constitutional Amendments: Part 1</strong></a></em></p>
<p><em>Click here for <a href="/to-the-points/Paper2/major-constitutional-amendments-part-2" target="_blank" rel="noopener"><strong>Major Constitutional Amendments: Part 2</strong></a></em></p>
<p><strong>Seventy Third Amendment Act, 1992</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendment:</strong><br />
<ul style="list-style-type: circle;">
<li>Granted constitutional status and protection to the <strong>Panchayati Raj institutions.</strong> For this purpose, the Amendment has <strong>added a new Part-IX</strong> entitled as &lsquo;the panchayats&rsquo; and a new <strong>Eleventh Schedule</strong> containing 29 functional items of the panchayats</li>
</ul>
</li>
</ul>
<p><strong>Seventy Fourth Amendment Act, 1992</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendment:</strong><br />
<ul style="list-style-type: circle;">
<li>Granted constitutional status and protection to the<strong> urban local bodies.</strong> For this purpose, the Amendment has <strong>added a new Part IX-A</strong> entitled as <strong>&lsquo;the municipalities&rsquo;</strong> and a new <strong>Twelfth Schedule</strong> containing 18 functional items of the municipalities.</li>
</ul>
</li>
</ul>
<p><strong>Seventy Seventh Amendment Act, 1995</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendment:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes.</strong> This amendment nullified the Supreme Court ruling with regard to reservation in promotions.</li>
</ul>
</li>
</ul>
<p><strong>Eightieth Amendment Act, 2000</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendment:</strong><br />
<ul style="list-style-type: circle;">
<li>Provided for an &lsquo;alternative scheme of devolution&rsquo; of revenue between the Centre and states. This was enacted on the basis of the recommendations of the Tenth Finance Commission which had recommended that out of the total income obtained from Central taxes and duties, 29% should be distributed among the states.</li>
</ul>
</li>
</ul>
<p><strong>Eighty First Amendment Act, 2000</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Empowered the state to consider the unfilled reserved vacancies of a year as a separate class of vacancies to be filled up in any succeeding year or years.</strong> Such class of vacancies is not to be combined with the vacancies of the year in which they are being filled up to determine the <strong>ceiling of 50% reservation</strong> on total number of vacancies of that year. In brief, this amendment ended the 50% ceiling on reservation in backlog vacancies.</li>
</ul>
</li>
</ul>
<p><strong>Eighty Second Amendment Act, 2000</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Provided for making of any provision in favour of the SCs and STs</strong> for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states</li>
</ul>
</li>
</ul>
<p><strong>Eighty Fourth Amendment Act, 2001</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Extended the ban on the readjustment of seats in the Lok Sabha and the state legislative assemblies for another 25 years (i.e., up to 2026)</strong> with the same objective of encouraging population limiting measures. In other words, the number of seats in the Lok Sabha and the assemblies are to remain the same till 2026. It also provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census.</li>
</ul>
</li>
</ul>
<p><strong>Eighty Fifth Amendment Act, 2001</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Provided for &lsquo;consequential seniority&rsquo; in the case of promotion by virtue of rule of reservation for the government servants belonging to the Scheduled Castes and Scheduled Tribes with retrospective effect from June 1995.</li>
</ul>
</li>
</ul>
<p><strong>Eighty Sixth Amendment Act, 2002</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Made elementary education a fundamental right under the Article 21A</strong></li>
<li><strong>Changed the subject matter of Article 45 in Directive Principles</strong></li>
<li><strong>Added a new fundamental duty under Article 51-A</strong></li>
</ul>
</li>
</ul>
<p><strong>Eighty Seventh Amendment Act, 2003</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 2001 census and not 1991 census as provided earlier by the 84th Amendment Act of 2001.</li>
</ul>
</li>
</ul>
<p><strong>Eighty Ninth Amendment Act, 2003</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies, namely, National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338-A).</li>
</ul>
</li>
</ul>
<p><strong>Ninety First Amendment Act, 2003</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Made the following provisions to limit the size of Council of Ministers, to debar defectors from holding public offices, and to strengthen the anti-defection law:<br />
<ul style="list-style-type: disc;">
<li>The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.</li>
<li>A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.</li>
<li>The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.</li>
<li>A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.</li>
<li>A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. The expression &ldquo;remunerative political post&rdquo; means:<br />
<ul style="list-style-type: disc;">
<li>Any office under the central government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government or,</li>
<li>Any office under a body, whether incorporated or not, which is wholly or partially owned by the central government or a state government and the salary or,</li>
<li>Remuneration for such an office is paid by such a body, except where such salary or remuneration paid is compensatory in nature (Article 361-B).</li>
</ul>
</li>
<li>The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.</li>
</ul>
</li>
</ul>
</li>
</ul>
<p><strong>Ninety Second Amendment Act, 2003</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Included four more languages in the Eighth Schedule. They are <strong>Bodo, Dogri (Dongri), Maithili and Santhali.</strong> With this, the total number of constitutionally recognised languages increased to 22</li>
</ul>
</li>
</ul>
<p><strong>Ninety Third Amendment Act, 2005</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15).</strong></li>
<li>This Amendment was enacted to nullify the Supreme Court judgement in the Inamdar case (2005) where the apex court ruled that the state cannot impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. The court declared that reservation in private, unaided educational institutions was unconstitutional.</li>
</ul>
</li>
</ul>
<p><strong>Ninety Sixth Amendment Act, 2011</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Substituted &ldquo;Odia&rdquo; for &ldquo;Oriya&rdquo;. Consequently, the &ldquo;Oriya&rdquo; language in the Eighth Schedule shall be pronounced as &ldquo;Odia&rdquo;.</li>
</ul>
</li>
<li><strong>Ninety Seventh Amendment Act, 2011</strong></li>
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Gave constitutional status and protection to cooperative societies.</strong> It made the following three changes in the constitution:<br />
<ul style="list-style-type: disc;">
<li>It made the right to form co-operative societies a fundamental right (Article 19).</li>
<li>It included a new Directive Principle of State Policy on the promotion of co-operative societies.</li>
<li>It added a new Part IX-B in the constitution which is entitled &ldquo;The Co-operative societies&rdquo;.</li>
</ul>
</li>
</ul>
</li>
</ul>
<p><strong>Ninety Ninth Amendment Act 2014</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>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).</li>
<li>However, in 2015, the Supreme Court declared this Amendment Act as unconstitutional and void. Consequently, the earlier collegium system became operative again</li>
</ul>
</li>
</ul>
<p><strong>One Hundredth Amendment Act, 2014</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Gave effect to the acquiring of certain territories by India and transfer of certain other territories to <strong>Bangladesh</strong> (through the exchange of enclaves and retention of adverse possessions) in pursuance of the<strong> Land Boundary Agreement of 1974 and its Protocol of 2011.</strong></li>
<li>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.</li>
</ul>
</li>
</ul>
<p><strong>One Hundred and First Amendment Act, 2017</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Introduction of the Goods and Services Tax</strong></li>
<li>Goods and Services Tax (GST) is an indirect tax (or consumption tax) used in India on the supply of goods and services. It is a comprehensive, multistage, destination-based tax: comprehensive because it has subsumed almost all the indirect taxes except a few state taxes.</li>
</ul>
</li>
</ul>
<p><strong>One Hundred and Second Amendment Act, 2018</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Constitutional status was provided to the National Commission for Backward Classes under India's Ministry of Social Justice and Empowerment.</strong></li>
<li>Article 338B into the Constitution after Articles 338 and 338A which deal with the National Commission for Scheduled Castes (SC) and National Commission for Scheduled Tribes (ST) respectively.</li>
</ul>
</li>
</ul>
<p><strong>One Hundred Third Amendment Act, 2019</strong></p>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>It introduced <strong>reservations for Economic Weaker Section</strong> for the first time in independent India</li>
<li>Amendment in Article 16 allows a 10% reservation to EWS in public employment.</li>
</ul>
</li>
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		'article_id' => (int) 4660,
		'category_id' => (int) 27,
		'title' => 'Major Constitutional Amendments: Part-2',
		'description' => '<h2>Important Amendments</h2>
<h3>Thirty-Ninth Amendment Act, 1975</h3>
<ul style="list-style-type: square;">
<li><strong>Reasons:</strong><br />
<ul style="list-style-type: square;">
<li>It was enacted in response to the ruling of the Allahabad High Court who declared the election of PM Indira Gandhi to Lok Sabha void on the petition of Raj Narain.</li>
</ul>
</li>
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: square;">
<li>Placed the disputes relating to the president, Vice President, prime minister and Speaker beyond the scope of the judiciary. They are to be decided by such authority as may be determined by the Parliament.</li>
<li>Included certain Central Acts in the Ninth Schedule</li>
</ul>
</li>
</ul>
<h3>Forty Second Amendment Act, 1976</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Added three new words (i.e., socialist, secular and integrity) in the Preamble.</strong></li>
<li><strong>Added Fundamental Duties by the citizens (new Part IV A).</strong></li>
<li>Made the president bound by the advice of the cabinet.</li>
<li>Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).</li>
<li>Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 - Population Controlling Measure</li>
<li>Made the constitutional amendments beyond judicial scrutiny.</li>
<li>Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.</li>
<li>Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.</li>
<li>Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.</li>
<li>Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights.</li>
<li><strong>Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.</strong></li>
<li>Facilitated the proclamation of national emergency in a part of the territory of India.</li>
<li>Extended the one-time duration of the President&rsquo;s rule in a state from 6 months to one year.</li>
<li>Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.</li>
<li>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.</li>
<li>Did away with the requirement of quorum in the Parliament and the state legislatures.</li>
<li>Empowered the Parliament to decide from time to time the rights and privileges of its members and committees.</li>
<li>Provided for the creation of the All-India Judicial Service.</li>
<li>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).</li>
</ul>
</li>
</ul>
<h3>Forty-Third Amendment Act, 1977</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Restored the jurisdiction of the Supreme Court and the High Courts in respect of judicial review and issue of writs.</li>
<li>Deprived the Parliament of its special powers to make laws to deal with anti-national activities.</li>
</ul>
</li>
</ul>
<h3>Forty-Fourth Amendment Act, 1978</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).</li>
<li>Restored the provisions with regard to the quorum in the Parliament and state legislatures.</li>
<li>Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.</li>
<li>Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.</li>
<li>Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.</li>
<li>Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.</li>
<li>Restored some of the powers of the Supreme Court and high courts.</li>
<li><strong>Replaced the term &lsquo;internal disturbance&rsquo; by &lsquo;armed rebellion&rsquo; in respect of national emergency.</strong></li>
<li><strong>Made the President to declare a national emergency only on the written recommendation of the cabinet.</strong></li>
<li>Made certain procedural safeguards with respect to a national emergency and President&rsquo;s rule.</li>
<li><strong>Deleted the right to property from the list of Fundamental Rights and made it only a legal right.</strong></li>
<li><strong>Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.</strong></li>
<li>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.</li>
</ul>
</li>
</ul>
<h3>Fiftieth Amendment Act, 1984</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Empowered the Parliament to restrict the Fundamental Rights of persons employed in intelligence organisations and telecommunication systems set up for the armed forces or intelligence organisations.</li>
</ul>
</li>
</ul>
<h3>Fifty-Second Amendment Act, 1985</h3>
<ul style="list-style-type: square;">
<li><strong>Reasons:</strong><br />
<ul style="list-style-type: circle;">
<li>To stop defection and the politics of 'Aaya Ram, Gaya Ram'</li>
</ul>
</li>
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Provided for disqualification of members of Parliament and state legislatures on the ground of defection and <strong>added a new Tenth Schedule</strong> containing the details in this regard.</li>
</ul>
</li>
</ul>
<h3>Fifty Eighth Amendment Act, 1987</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Provided for an authoritative text of the Constitution in Hindi language and gave the same legal sanctity to the Hindi version of the Constitution.</li>
</ul>
</li>
</ul>
<h3>Sixty-First Amendment Act, 1989</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections.</li>
</ul>
</li>
</ul>
<h3>Sixty-Fifth Amendment Act, 1990</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Provided for the establishment of a multi-member National Commission for Scheduled Castes and Scheduled Tribes in the place of a Special Officer for Scheduled Castes and Scheduled Tribes.</li>
</ul>
</li>
</ul>
<h3>Sixty-Ninth Amendment Act, 1991</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Accorded a special status to the Union Territory of Delhi by designing it as the National Capital Territory of Delhi. The amendment also provided for the creation of a 70-member legislative assembly and a 7-member council of ministers for Delhi.</li>
</ul>
</li>
</ul>
<h3>Seventy-First Amendment Act, 1992</h3>
<ul style="list-style-type: square;">
<li><strong>Amendments:</strong><br />
<ul style="list-style-type: circle;">
<li>Included Konkani, Manipuri and Nepali languages in the Eighth Schedule. With this, the total number of scheduled languages increased to 18.</li>
</ul>
</li>
</ul>
<p><em>Click here for <a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener">Major Constitutional Amendments: Part 1</a></em></p>',
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