Weekly Current Affairs – Monthly Compilation

Polity & Governance – April 2024

Table of Contents
 Constitutional Framework
Preventive Detention
Context:
Recently, the Supreme Court held that:
• Preventive detention by routine exercise of powers must be nipped in bud.
• Advisory boards under preventive detention laws should not behave like mere “rubber-stamping
authorities” for the government, but act as safety valves which stand between the capricious use of
power by the state and the right to personal liberty.
Background:
• Among central legislations, the National Security Act, the Conservation of Foreign Exchange and
Prevention of Smuggling Activities Act, 1974 (COFEPOSA) are examples of laws under which
preventive detention can be ordered.
• As many as 25 states also have preventive detention legislations. These are expansive laws specifically
addressed to local law and order issues. Examples include:
o Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest
Offenders, Goondas, Immoral Trafficking Offenders and Slum Grabbers Act, 1982.
o The Gujarat Prevention of Antisocial Activities Act, 1985.
o The Bihar Control of Crimes Act, 1981.
Analysis for Prelims:
About Preventive Detention:
• Preventive detention is the holding of a person in custody, without a trial or conviction, with the aim
of preventing them from committing a crime in the future. It's different from regular detention which
is a punishment for a crime that has already been committed.
• In Mariappan vs The District Collector and Others Case, 2008: The Madras High Court held that the
point of detainment and its regulations aren't to rebuff anybody yet to prevent specific wrongdoings
from being carried out. The court also stated 4 criteria under which the law can be used:
o State security
o Public order
o Foreign Affairs
o Community services
• In Union of India vs Paul Nanickan Case: The Supreme Court stated that the motivation behind
preventive detainment isn’t to rebuff somebody for doing wrongdoing or an offence yet to deflect that
person from not making it happen, to stop him before an offence happens. Preventive detention is based
on a suspicion or reasonable possibility that a crime will take place and not on any criminal conviction
so there must be sufficient proof against that person that such a crime will take place.
About Advisory Board (As per provisions of the Indian Constitution):
• Article 22(4) of the Indian Constitution states that no law providing for preventive detention shall
authorize the detention of a person for a longer period than three months unless an Advisory Board
consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court
has reported before the expiration of the said period of three months that there is in its opinion sufficient
cause for such detention.
• At the same time, Article 22(7) of the Indian Constitution states that parliament may by law prescribe:
o The circumstances under which, and the class or classes of cases in which, a person may be
detained for a period longer than three months under any law providing for preventive
detention without obtaining the opinion of an Advisory Board.
o The maximum period for which any person may in any class or classes of cases be detained
under any law providing for preventive detention.
o The procedure to be followed by an Advisory Board in an inquiry.
Preventive detention and Judicial Review:
• For preventive detention, there are very narrow grounds of judicial review because the Constitution
emphasizes the state’s “subjective satisfaction” when ordering a detention.
• A judicial review is limited to whether the Advisory Board applied its mind, considered all material
facts and whether the state showed obvious malafide in ordering detention. Because judicial review is
limited, courts often strike down detention orders on technical grounds, such as delay in the decision
of the advisory board, communication of grounds in a timely fashion and in a language that the detainee
understands, etc.
Analysis for Mains:
Positive Consequences of Preventive Detention:
• Maintaining Law and Order: It allows authorities to detain individuals suspected of posing a threat to
public safety or national security without requiring evidence of a specific crime. This measure helps in
maintaining law and order by pre-emptively addressing potential risks.
• Preventing Crimes: Detaining individuals with a history of criminal activity or suspected involvement
in illegal activities can prevent them from committing further offenses. By removing potential offenders
from society, it contributes to crime prevention and public safety.
• Protecting National Security: In cases involving terrorism, espionage, or other threats to national
security, it enables authorities to detain suspects and gather intelligence to prevent potential attacks or
espionage activities. This measure is crucial for safeguarding the nation against external threats.
• Swift Action in Emergency Situations: During emergencies such as civil unrest, it allows authorities
to take swift action to maintain order and protect the safety and security of citizens. Detaining
individuals who may incite violence or disrupt relief efforts helps in mitigating risks and ensuring
effective crisis management.
Negative Consequences of Preventive Detention:
• Violation of Civil Liberties: It often infringes upon individuals' fundamental rights, including the right
to liberty and due process. Detaining individuals without trial or sufficient evidence undermines the
principles of justice and can lead to arbitrary deprivation of liberty.
• Risk of Abuse of Power: The broad discretionary powers granted to authorities in preventive detention
laws raise concerns about the potential for abuse of power. Without proper safeguards and oversight
mechanisms, preventive detention measures can be misused for political repression or targeting of
dissenting voices.
• Undermining Rule of Law: Detaining individuals without charge or trial undermines the rule of law
and erodes public trust in the justice system. When due process rights are disregarded, it sets a
dangerous precedent that undermines the principles of democracy and undermines the legitimacy of
governmental institutions.
• Stigmatization and Social Impact: Individuals subjected to preventive detention may face
stigmatization and discrimination, even if they are later released without charges.
• The social and psychological impact of being unjustly detained can have long-lasting consequences on
individuals and their families, leading to alienation and mistrust in society.
Conclusion:
• Overall, while preventive detention measures may serve legitimate purposes such as protecting
national security and maintaining public order, they must be carefully balanced with respect for human
rights, adherence to due process, and accountability to prevent abuse and safeguard democratic
principles.

Right against adverse effects of climate change

Context:
• Recently, the Supreme Court expanded the scope of Articles 14 and 21 to include the “Right against
the adverse effects of climate change”.
Background and Analysis:
• The Supreme Court was hearing a case on the conservation of the great India bustard and the lesser
florican.
• In the present judgement, the bench of the Supreme Court:
o Expanded the scope of Articles 14 and 21 of the constitution.
o Reversed its 2021 judgement which had introduced a blanket ban against overhead powerlines
over an area of 99,000 square kilometers covering parts of Gujarat and Rajasthan to protect these
birds.
• Mentioned that by only allowing underground power transmission cables in such a large area, which
also has an incredible potential for clean energy such as wind and solar, will severely impact the
country's clean energy shift that is necessary to attain its climate goals.
• By doing so, it will impede global efforts against climate change, thereby threatening fundamental
rights of Indians, such as the right to life, equality and access to energy among others.
Excerpts from the judgement related to “Right against the adverse effects of climate change”:
• “Article 21 recognizes the right to life and personal liberty while Article 14 indicates that all persons
shall have equality before law and the equal protection of laws. These Articles are important sources of
the right to a clean environment and the right against the adverse effects of climate change.”
• “Without a clean environment which is stable and unimpacted by the vagaries of climate change, the
right to life is not fully realized.
• The right to health (which is a part of the right to life under Article 21) is impacted due to factors such
as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food
supplies due to crop failure, storms and flooding.
• The inability of underserved communities to adapt to climate change or cope with its effects violates
the right to life (Article 21) as well as the right to equality (Article 14).”
Associated Additional Information:
Constitutional provisions related to environment:
• Article 48A of the Constitution: It provides that the State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the country.
• Clause (g) of Article 51A of the Constitution: It stipulates that it shall be the duty of every citizen of
India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and
to have compassion for living creatures.

Doctrine of Harmonious construction

Context:
Recently, the Supreme Court in:
• “PATHAPATI SUBBA REDDY vs THE SPECIAL DEPUTY COLLECTOR (LA) Case”
refused to condone the delay of 5659 days in preferring an appeal, and laid down eight principles by providing
“Harmonious construction” to Sections 3 and 5 of the Limitation Act, 1963.
Background:
• The inception of the Doctrine of Harmonious Construction can be traced back to the aftermath of the
first amendment to the Constitution of India, notably in:
o “Shankari Prasad Singh Deo vs. Union of India Case,1951”
• This legal dispute centred on a conflict between Part III (Fundamental Rights) and Part IV (Directive
Principles of State Policy) of the Constitution of India.
• In this case, the court applied the Harmonious Construction Rule to resolve the disagreement. It
concluded that Fundamental Rights, which are rights granted against the State, could be limited under
certain circumstances and modified by Parliament to align with constitutional provisions.
Analysis for Prelims:
Meaning of the term harmonious construction:
• Harmonious construction entails interpreting statutory provisions in a manner that promotes harmony
and coherence among different provisions of the enactment or a law. When statutory language is
susceptible to multiple interpretations, preference is given to the interpretation that aligns most
seamlessly with the overall purpose and scope of the law. This approach ensures that statutory
provisions complement each other and work together in concert to achieve legislative objectives.
Principles of Doctrine of Harmonious construction:
• In “CIT vs Hindustan Bulk Carriers Case, 2003”, the Supreme Court laid down five principles of rule
of harmonious construction:
o The courts must avoid a head-on clash of seemingly contradicting provisions and they must
construe the contradictory provisions.
o The provision of one section cannot be used to defeat the provision contained in another unless
the court, despite all its efforts, is unable to find a way to reconcile their differences
o When it is impossible to completely reconcile the differences in contradictory provisions, the
courts must interpret them in such a way so that effect is given both the provisions as much as
possible.
o Courts must also keep in mind that interpretation that reduces one provisions to useless number
or dead is not harmonious construction.
o To harmonize is not to destroy any statutory provision or to render it fruitless.
Analysis for Mains:
The Doctrine of Harmonious construction offers several key benefits to the legal system and those who interact
with it:
• Clarity and Consistency: By ensuring all parts of a statute work together, harmonious construction
promotes a clear and consistent understanding of the law. This reduces confusion and ambiguity for
judges, lawyers, and the public.
• Efficiency and Predictability: When interpretations avoid contradictions, the application of the law
becomes more efficient and predictable. This allows for smoother legal proceedings and more consistent
outcomes in similar cases.
• Preserving Legislative Intent: The doctrine assumes that lawmakers don't intend to enact conflicting
provisions. By striving for harmony, courts uphold the presumed intent of the legislature, ensuring the
law functions as originally envisioned.
• Fewer Legal Challenges: With a clear and consistent interpretation, there are fewer opportunities for
legal challenges based on perceived inconsistencies within the statute. This reduces unnecessary
litigation and streamlines the legal process.
• Promoting Fairness and Justice: When the law is clear and consistently applied, it fosters fairness and
justice. Everyone subject to the law understands its expectations and limitations, leading to more
equitable outcomes.
 • Adaptability to Changing Circumstances: In some instances, harmonious construction allows for a
degree of adaptability. By finding common ground between provisions, courts can interpret the law in
a way that considers evolving social or technological contexts, while still adhering to the core legislative
intent.
Conclusion:
• Overall, harmonious construction serves as a vital tool for creating a legal system that is clear,
consistent, efficient, and fair. It fosters predictability and upholds the will of the legislature, ultimately
promoting justice within the legal framework.

Panel to address issues related to Queer community

Context:
• The Central Government, recently, notified a committee chaired by the Cabinet Secretary, “to examine
the various issues relating to queer community”.
Background:
• The Supreme Court in:
o “Supriyo @Supriya Vs. Union of India Case (2023)”
• had directed the Central Government to constitute a committee under the Cabinet Secretary to examine
the various issues relating to queer community.
Analysis for Prelims:
About the committee:
• Set up by: The Ministry of Law and Justice.
• Composition: Six-member committee to be headed by the Cabinet Secretary. It will also comprise
secretaries from the:
o Ministry of Home Affairs
o Ministry of Women and Child Development
o Ministry of Health and Family Welfare
o Ministry of Social Justice and Empowerment
o Law Ministry
• It will suggest measures to ensure that the queer community does not encounter any discrimination in
accessing goods and services, social welfare schemes, or face threat of violence among others.
Analysis for Mains:
Despite some legal progress, India's LGBTQIA+ community encounters significant hurdles in their daily lives,
which include:
• Discrimination: Pervasive discrimination in workplaces, educational institutions, and even within
families creates a hostile environment and impacts their overall well-being.
• Identity Crisis: The Transgender Persons (Protection of Rights) Act, 2019 acknowledges self-perceived
gender identity, but the reality falls short. Many transgender individuals are forced to conform to
societal expectations at work.
• Social Stigma: Social stigma creates barriers to property inheritance, child adoption, and safe housing.
This marginalization often pushes qualified individuals into menial jobs or sex work.
• Healthcare Disparities: Difficulty accessing quality healthcare and a lack of sensitivity towards specific
needs exacerbate existing health concerns. Mental health issues, substance abuse, and higher risks of
sexually transmitted infections are more prevalent due to inadequate healthcare access.
• Lack of Public Amenities: The absence of gender-neutral restrooms and inaccessible public spaces like
hospitals, schools, and prisons create additional daily hurdles.
Hence, formation of the committee is a step in the right direction.
Associated Additional Information:
More about Supriyo @Supriya Vs. Union of India Case (2023):
• The five-judge Constitution Bench led by Chief Justice of India declined to recognise the right to marry
as a fundamental right for same-sex couples.
• In the minority opinion, Chief Justice of India ruled in favour of civil unions, stopping short of marriage,
to grant legal rights to same-sex couples.
• The court also listed several legal entitlements that the committee could consider such as, the right of
queer partners to be treated as part of the same family for:
o A ration card
o Setting up of a joint bank account
o Jail visitation
o To be considered “next of kin” by medical practitioners
o Accessing the body of the deceased partner to arrange the last rites
• The court also mentioned: legal consequences such as succession rights, maintenance, financial benefits
such as under the Income Tax Act 1961, rights flowing from employment such as gratuity and family
pension and insurance.
Measures for Protection and Welfare of the Transgender Persons in India:
• The Transgender Persons (Protection of Rights) Act 2019: The Act seeks to mitigate the stigma,
discrimination, and abuse against this marginalized section and bring them into the mainstream of
society and ensure greater inclusiveness.
• The Transgender Persons (Protection of Rights) Rules, 2020: These rules were formulated and
published in the Gazette of India in September, 2020.
• They seek to recognize the identity of transgenders and prohibit discrimination in the fields of
education, employment, healthcare, holding or disposing of property, holding public or private office,
and access to and use of public services and benefits.
• National Council for Transgender Persons: In exercise of the powers conferred by Section 16 of the
Transgender Persons (Protection of Rights) Act, 2019, the Central Government constituted a National
Council for Transgender Persons. It performs the following functions:
o Advises the Central Government on the formulation of policies, programmes, legislation and
projects with respect to transgender persons.
o Monitors and evaluates the impact of policies and programmes designed for achieving equality
and full participation of transgender persons.
o Reviews and coordinates the activities of all the departments of Government and other
Governmental and non-Governmental Organizations which are dealing with matters relating
to transgender persons.
o Redresses the grievances of transgender persons.
o Performs such other functions as may be prescribed by the Central Government.
• SMILE - Support for Marginalized Individuals for Livelihood and Enterprise Scheme: An Umbrella
scheme launched by the Ministry of Social Justice and Empowerment.
• The scheme includes various welfare measures for transgender persons such as financial assistance in
the form of scholarships to transgender students studying in classes Ninth till post-graduation, skill
development training & livelihood, composite medical health for availing gender reaffirmation
surgeries, pre and post-operative procedures and other health care facilities, setting up of Garima Grehs
in each state for providing shelter facility for abandoned and orphaned transgender persons, setting up
of transgender protection cells in the entire country for providing quick redressal of offences & crimes
against transgender persons etc.
• National Portal for Transgender Persons: The Portal provides the facility for transgender persons to
apply for a certificate and an identity card from across the country without physical interface through
a seamless end-to-end mechanism.
• The Transgender certificate and identity card are nationally recognized and are provided by the
Ministry of Social Justice & Empowerment.
• The certificate is a mandatory document to avail of the welfare measures being provided under the
SMILE scheme.
• Skill Training through PM-DAKSH (Pradhan Mantri - Dakshta Aur Kushalta Sampann Hitgrahi):
Ministry of Social Justice and Empowerment is imparting skill development training to the Transgender
beneficiaries of the SMILE Scheme through PM-DAKSH. Short-Term Training Programmes, Up-
 Skilling/Reskilling Initiatives, Entrepreneurship Development Programmes and Long-Term Training
Programmes are conducted for transgenders under the scheme.

Electoral Dynamics
Postal Ballots
Context:
• In view of the Lok Sabha elections and Assembly polls in four States (Andhra Pradesh, Arunachal
Pradesh, Odisha and Sikkim), Election Commission of India (ECI) recently notified the category of
electors mentioned for the purpose of facility of voting through postal ballot as absentee voters in the
category of persons employed on essential services.
• The list includes the employees of Metro, Railways, BSNL Electricity and Health Department, Fire
Services, Postal Services, Aviation, Disaster Management, Doordarshan and All India Radio and media
persons authorized by the Commission for polling day coverage.
Background:
• Provisions of the Representation of the People Act, 1951 allow notified persons by the Election
Commission of India to cast vote by postal ballot.
Analysis for Prelims:
About Postal voting:
• Postal voting, also known as absentee voting, enables electors to cast their ballots through mail,
transcending the constraints of physical presence at polling stations.
Eligibility Criteria for Postal Ballots:
• The eligibility criteria for postal ballots vary depending on the specific election and jurisdiction.
However, some common categories of eligible voters include:
• Service voters, comprising armed forces, paramilitary personnel, and government employees deployed
far from their home constituencies.
• Absentee voters, representing individuals away from their home constituencies for work or other
reasons.
• Electors on election duty, encompassing government officials and polling staff assigned duties at
polling stations other than their own.
• Electors under preventive detention, consisting of individuals detained under preventive custody
orders during the election period.
Application Process:
• Eligible voters must submit an application to the Returning Officer (RO) of their respective
constituency.
• The application entails personal details, voter identification information, and the rationale for seeking
a postal ballot.
• Upon verification of eligibility, the RO issues the postal ballot to the applicant.
Process of Postal Voting:
• Receiving the postal ballot: The RO dispatches the postal ballot package, comprising the ballot paper,
declaration form, secrecy sleeve, and return envelope, to the voter's registered address.
• Marking the ballot: Voters cast their votes in secrecy on the ballot paper enclosed within the secrecy
sleeve.
• Completing the declaration form: Voters furnish requisite details and affix their signature on the
declaration form.
• Sealing the envelope: The marked ballot paper and declaration form are sealed within the secrecy
sleeve and placed into the return envelope.
• Returning the postal ballot: Voters mail the sealed return envelope to the designated address within
the stipulated timeframe, with a postage stamp affixed.
Counting of Postal Ballots:
• Postal ballots are counted separately from votes cast at polling stations.
• On the designated counting day, postal ballots are collected by the postal authorities and brought to the
counting center.
• The RO and election officials scrutinize the postal ballots to ensure their validity and integrity.
• Valid postal ballots are then added to the respective candidate's vote count.
Analysis for Mains:
Positives of Postal Voting:
• Accessibility: Enhances electoral participation for individuals unable to physically visit polling stations
due to various reasons.
• Convenience: Allows voters to cast their ballots from the comfort of their homes, avoiding queues and
time constraints associated with in-person voting.
• Inclusivity: Ensures that voters, including those with disabilities or mobility issues, have equal access
to the electoral process.
• Flexibility: Provides flexibility in voting timelines, enabling voters to participate in elections regardless
of their location or schedule.
Negatives of Postal Voting:
• Security Concerns: Risks associated with ballot tampering, interception, or coercion, potentially
compromising the integrity of the electoral process.
• Verification Challenges: Difficulty in verifying the identity of voters and ensuring the authenticity of
postal ballots, leading to concerns about fraudulent voting.
• Delayed Results: Postal voting may result in delayed election results due to the time required for
processing and counting postal ballots, impacting the overall electoral timeline.
• Technological Limitations: Dependence on postal services and paper-based processes may pose
challenges in adapting to modern digital voting technologies and security standards.
Conclusion:
• Postal voting exemplifies inclusivity and accessibility in electoral participation, empowering citizens to
exercise their democratic rights conveniently and securely beyond traditional polling stations.
• However, addressing security concerns and technological limitations is essential to safeguarding the
integrity and credibility of postal voting systems.
Mains Practice Question:
• Discuss the significance of postal ballots in enhancing electoral participation and democratic inclusivity.
(150 words)

cVigil App
Context:
• As per the Election Commission of India, it is keeping a close eye on the election process through the
cVIGIL app.
Background:
• cVIGIL Mobile App was launched by the Election Commission of India in 2018 to enable citizens to
report on violation of election code of conduct.
Analysis for Prelims:
About cVIGIL App:
• It is a single app for recording, reporting, and resolving violations of the model code of conduct.
• Through this app, online complaints regarding violations of the model code of conduct can be made by
capturing photos, videos etc and action within 100 minutes by the authorities is assured.
• The app connects the vigilant citizen with District Control Room, Returning Officer and Field
Verification Unit (Flying Squads / Static Surveillance Teams) thereby, creating a rapid and accurate
reporting, action and monitoring system.
Foolproof Features of the App:
• The application is meant only for Model Code of Conduct Violations.
• The app allows the user 5 minutes to submit an incidence report after having clicked a picture or a
video.
• The app will not allow uploading of the pre-recorded images/ videos.
• The photos/videos clicked via this app cannot be saved in the gallery.
• The application has a feature that allows citizens to file a complaint only in the State where Elections
have been announced.
• Any citizen who has installed cVIGIL will find that the app becomes active only in the States
undergoing elections.
Analysis for Mains:
Benefits of cVIGIL app:
• Convenient Reporting: It provides a convenient and user-friendly platform for citizens to report
instances of model code of conduct violations in their vicinity. Citizens can easily submit pictorial
evidence of electoral malpractices through the app.
• Enhanced Accountability: Each reported incident is meticulously tracked and scrutinized from start to
finish, ensuring accountability within the electoral system.
• Effective Deterrence: The immediate location verification feature of cVIGIL acts as a strong deterrent
against miscreants and wrongdoers. Wrongdoers can be easily tracked, which discourages them from
engaging in unlawful activities during elections.
• Promotion of Civic Engagement: By empowering citizens to report electoral malpractices, it
encourages active participation in ensuring the integrity of the electoral process.
• Support for Free and Fair Elections: It contributes to the Election Commission's overall objective of
conducting free and fair elections. The app helps in identifying and addressing violations promptly,
thereby reinforcing the credibility of the electoral process.
What’s up with VVPAT?
Voter Verifiable Paper Audit Trail (VVPAT)
Context:
• Supreme court has reserved its verdict on a batch of petitions seeking 100% cross verification of vote
count in EVM’s with VVPAT.
Background:
• 2010: The idea of VVPAT machines first emerged during a meeting between the Election Commission
of India (EC) and political parties to discuss improving transparency in the EVM-based polling process.
• 2011:
o A prototype VVPAT machine was developed.
o Field trials of the prototype were conducted in five locations: Ladakh, Thiruvananthapuram,
Cherrapunjee, East Delhi and Jaisalmer.
• 2013:
o After considering feedback from political parties and further trials, an expert committee
approved the final design of the VVPAT machine.
o The Conduct of Elections Rules, 1961 were amended to allow for the use of VVPATs with EVMs.
o The first-ever election using VVPATs was held in a bye-election from 51-Noksen (ST) Assembly
Constituency of Nagaland.
• By June 2017: VVPATs were adopted in 100% of polling stations across India.
Analysis for Prelims:
About Voter Verifiable Paper Audit Trail:
• It is an independent system attached with the Electronic Voting Machines that allows the voters to
verify that their votes are cast as intended.
• When a vote is cast, a slip is printed containing:
o The serial number of the candidate.
o The name of the candidate.
o The symbol of the candidate.
• The slip remains exposed through a transparent window for 7 seconds. Thereafter, this printed slip
automatically gets cut and falls in the sealed drop box of the VVPAT.
• VVPAT runs on a power pack battery and not on electricity.
• Only authorized engineers of the manufacturers, namely Bharat Electronics Limited (BEL) and
Electronics Corporation of India Limited (ECIL), conduct the First Level Checking (FLC) of EVMs and
VVPATs under control of District Election Officer and direct supervision of Dy. DEO in the presence of
representative of Political Parties under videography.
• Counting of printed paper slips of VVPAT is done only in the following cases:
o Mandatory verification of printed VVPAT paper slips of 1 (one) randomly selected polling
station of:
 ▪ (a) Assembly Constituency in case of election to State Legislative Assembly.
▪ (b) each Assembly Segment in case of election to the House of the People.
o In case of no display of result from the Control Unit, the printed paper slips of the respective
VVPAT are counted.
o If any candidate, or in his absence, his election agent or any of his counting agents make a
written request to count the printed paper slips of the VVPAT in respect of any polling station
or polling stations under Rule 56 D of the Conduct of Elections Rules 1961, the Returning Officer
taking into consideration various factors decides and issue written orders, whether to count or
not to count the printed paper slips of the VVPAT of that particular polling station(s).
• Note: In February 2018, the Election Commission had mandated the counting of VVPAT slips of 1 (one)
randomly selected polling station per Assembly constituency.
• This was increased to 5 (five) polling stations per Assembly seat, following a Supreme Court judgment
in April 2019 on a petition filed by the leader of a political party.
• The five polling stations are selected by a draw of lots by the Returning Officer concerned, in the
presence of candidates/ their agents.
• The Election Commission of India (ECI) said that it has matched EVM votes with more than 4 crore
VVPAT slips and that there have been no discrepancies recorded so far. Countering claims of
tampering, it asserted that it is impossible to manipulate EVMs “at any stage.”
5 Questions of Supreme Court
• Is the microcontroller installed in the control unit or the VVPAT? SC said it was “under the
impression that microcontroller was installed in the control unit of the EVMs.
• Is the microcontroller installed one-time programmable?
• How many Symbol Loading Units are available with the ECI?
• The limitation period for storing the EVMs was submitted as 30 days in case there were any
election petitions or recounts. However, Section 81 of the Representation of People Act says
the limitation period is 45 days.
• SC said the EVMs include three components - ballot unit, control unit and VVPAT. Are they
stored and sealed together?

Answers :
• All three units of the EVMs have their own individual microcontrollers. They are housed in secure
modules. They are one-time programmes.
• Microcontrollers cannot be accessed physically and have a one-time program burnt into them.
• For symbol loading units, the ECI has two manufacturers – Electronics Corporation of India Limited
(ECIL) and Bharat Heavy Electricals Limited (BHEL).
• There are over 5000 symbol loading units
• EVMs/VVPATs are stored for a statutory period of 45 days after polling.
 • On expiry of the period, the Chief Electoral Officer writes to High Courts to ascertain if there are any
election petitions.
• If not, they are taken out of storage
• VVPATs are stored separately from EVMs before polling. After polling, they are stored as a unit.
Analysis for Mains:
Political parties are advocating for widened verification of Voter Verifiable Paper Audit Trail (VVPAT) slips
for several reasons:
• Enhancing Electoral Integrity: By expanding the verification of VVPAT slips, the electoral process's
transparency and integrity are bolstered. This additional scrutiny helps build trust among voters that
their ballots are accurately recorded and counted.
• Addressing Suspicions of Electoral Fraud: There are persistent concerns about potential electoral
fraud, including EVM tampering. Broadening VVPAT slip verification allows for a physical audit of
paper trails, providing a crucial safeguard against tampering and malpractice.
• Compliance with Legal Mandates: Demands for widened VVPAT verification align with legal
provisions outlined in the Representation of the People Act. This empowers the Election Commission
of India (ECI) to conduct random verification of VVPAT slips, ensuring EVM accuracy.
• Boosting Public Confidence: Given the paramount importance of credible elections in a democratic
framework, expanded VVPAT verification instils greater confidence among voters. It assures them that
their votes contribute to fair electoral outcomes.
• Fostering Transparency and Accountability: Political parties argue that widened VVPAT verification
fosters transparency and accountability by enabling thorough scrutiny of voting data. This mechanism
upholds democratic principles and ensures electoral processes' integrity.
Conclusion:
• Overall, widened verification of VVPAT slips is seen as a vital measure to safeguard elections'
credibility, address fraud concerns, and uphold citizens' democratic rights to transparent and fair
electoral processes.
 Suvidha Platform and app of Election Commission
Background and Analysis:
About Suvidha platform:
• It is a technological solution developed by Election Commission of India to ensure a level playing-field
upholding the democratic principles of free, fair and transparent elections.
o It streamlines the process of obtaining and acting upon requests for permissions and facilities
from political parties and candidates during the election period.
o It caters to a diverse range of permission requests transparently on the First in First Out principle
such as permissions for organizing rallies, opening temporary party offices, door-to-door
canvassing, video vans, helicopters, obtaining vehicle permits, distributing pamphlets etc.

About Suvidha Candidate app:

• It is a mobile application developed by the Election Commission of India to help candidates with the
nomination and permission process during election periods.
• The app is available on Android as well as iOS platform.
• The app provides candidates with a number of other features, including:
o The ability to view the list of permissions required for campaigning.
o The ability to track the status of their permission application.
o The ability to download the permission form and submit it online.
o Track the status of the nomination filed by the candidate.
 Home Voting in Elections 2024
Context:
• Election Commission of India (ECI), for the first time in a Lok Sabha Election, provided the facility of
home voting.
Analysis for Prelims:
Eligibility criteria:
• Voters above 85 years of age and Persons with Disabilities (PwDs) with 40% benchmark disability can
avail the optional home voting facility.
• There are over 81 lakh 85+ aged voters and 90 lakhs + PwDs voters registered across the country.
How to avail the optional Facility:
• The procedure to avail this facility is simple yet thorough:
• Within five days of the election notification, eligible voters must complete Form 12D and submit it to
the returning officer.
o Note that: PwD voters submit a baseline disability certificate with their applications.
• Booth Level Officer (BLO) is responsible for retrieving Form 12D from the elector's place of residence
when the required documentation has been completed.
• Candidates receive a list of these electors in order to maintain accountability and transparency; if they
wish, they can choose a representative to supervise the process.
• Following this, a dedicated team of polling officials along with security officials visits the voter's
residence to collect their votes.
• Crucially, voters are notified ahead of time of the planned visit, allowing them to be prepared to exercise
their right to vote in a safe and comfortable manner.
o To further expedite the procedure and improve accessibility, voters also receive notifications via
SMS about the days when their home voting facility will be active.
 • The complete process is video graphed for transparency.

Analysis for Mains:

• Home voting, as introduced by the Election Commission of India, entails both positive and negative
consequences:
Positive Consequences:
• Accessibility: Home voting improves access to the electoral process for individuals with disabilities as
well as health conditions due to old age, ensuring their “Right to vote” is upheld and is not encumbered
by physical barriers and disabilities
• Inclusivity: It promotes inclusivity by accommodating voters who may face barriers to physical
attendance at polling stations. This also upholds the Commission’s motto of ensuring - “No voter is left
behind”.
• Enhanced Participation: By providing an alternative voting method, home voting encourages greater
participation in elections.
• Empowerment: It empowers citizens by giving them the opportunity to exercise their democratic rights
independently, regardless of their physical limitations.
Negative Consequences:
• Potential for Coercion: Home voting may be susceptible to coercion or undue influence, as voters may
face pressure from family members, caregivers, or political parties.
• Security Risks: There are inherent security risks associated with home voting, including the possibility
of tampering with ballots or unauthorized access to voting materials.
• Privacy Concerns: Maintaining the secrecy of the voting process may be challenging in a home
environment, raising concerns about the confidentiality of voter choices.
 • Logistical Challenges: Implementing home voting on a large scale may pose logistical challenges for
election authorities, including the need for trained personnel and secure ballot handling procedures.
• Resource Allocation: Allocating resources for home voting initiatives may divert attention and
resources away from other critical aspects of the electoral process, potentially impacting overall
efficiency and fairness.
Conclusion:
• In conclusion, while home voting offers important benefits in terms of accessibility and inclusivity, it
also presents challenges related to security, privacy, and logistical implementation. Therefore, careful
consideration of these factors is essential to ensure the integrity and fairness of the electoral process.

Judiciary and Criminal Law

Bail to Police in Custodial Death Cases
Context:
• The Supreme Court in Ajay Kumar Yadav Vs the State of Uttar Pradesh Case stated that a stricter
approach is required to be taken in granting bail to police officials in Custodial Death Cases.
Background:
• The Court relied on the precedence set in State of Jharkhand vs Sandeep Kumar Case and invoked
Article 136 of the Constitution of India to set aside bail granted to a Police officer by the High Court in
the case of custodial death. It also asked the officer to surrender before the CBI Court within a period
of four weeks.
Analysis for Prelims:
• A custodial death occurs when a person dies while in the custody of law enforcement officials or in a
correctional facility. This can happen due to various reasons, including:
• Excessive force: Police brutality or use of unnecessary force during arrest or interrogation.
o For Instance, in Nilabeti Behara vs the State of Orissa Case, the victim had died due to the
harassment and beatings by the police.
• Medical neglect: Failure to provide adequate medical care to a detainee.
• Suicides: Detainees taking their own lives due to stress, mental health issues, or fear.
• Unnatural causes: Accidents, pre-existing medical conditions, or foul play.
• Custodial deaths are a serious violation of human rights and a major concern in India.
Provisions aimed at preventing custodial deaths in Indian Jurisprudence:
The Indian legal system has several provisions aimed at preventing custodial deaths and ensuring the safety of
detainees:
The Constitution:
• Article 21: Guarantees the right to life and personal liberty, interpreted to include protection from
torture and ill-treatment.
• Article 22: Provides safeguards against arbitrary arrest and detention.
The Criminal Procedure Code (CrPC):
• Section 49: It provides that the police are not permitted to use more restraint than is necessary to
prevent the escape of the person.
• Section 50: It lays down that every police officer arresting any person without a warrant to
communicate to him the full particulars of the offense for which he is arrested and the grounds of such
arrest. Further, the police officer is required to inform the person arrested that he is entitled to be
released on bail and he may arrange for sureties in the event of his arrest for a non-bailable offense.
• Section 176: It requires the Magistrate to hold an inquiry into the cause of death whenever a person
dies in custody of the police.
• The National Human Rights Commission (NHRC): A statutory body empowered to investigate
custodial deaths and recommend compensation to victims' families.
• Judiciary: Supreme Court and High Courts have issued various directives for stricter implementation
of existing safeguards and holding authorities accountable for safety of the detainees. In D.K. Basu v.
State of West Bengal Case, the Supreme Court gave out certain guidelines:
• The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear
clear identification and name tags with their designation.
• The police officer carrying out the arrest must make a memo of arrest at the time of the arrest.
• A friend or relative or any other person known to the arrestee shall be informed about the arrest as early
as possible.
• If the next friend or relative of the arrestee lives outside the district or town, they must be informed
through the ‘legal aid organization’ in the district and the police station of the area concerned
telegraphically after the arrest within a period of 8 to 12 hours.
• The arrested person must be instructed about the right to have informed someone about his arrest.
• An entry should be made in the diary regarding the arrested person.
• The arrestee should be examined at the time of the arrest.
• The arrested person should be subjected to medical examination within 48 hours during his detention.
• Copies of all documents including the memo of arrest should be sent to the concerned magistrate for
his record.
• The arrestee should be allowed to meet his lawyer during interrogation.
• A police control room should be set up in all district and state headquarters and information about the
arrestee has to be communicated within 12 hours of effecting the arrest to the police control room.
Analysis for Mains:
• While India has legal safeguards in place, significant challenges hinder their effectiveness in preventing
custodial deaths.
• Incomplete Implementation:
o Lax Enforcement: Existing laws and guidelines, like mandatory medical examinations and
informing next-of-kin, are often not strictly followed.
o Under-reporting: Fear of reprisal or lack of awareness can lead to under-reporting of custodial
violence and deaths.
o Overcrowding: Overcrowded prisons and detention facilities make it difficult to provide proper
medical care and prevent violence.
• Issues in Investigations:
o Police Bias: Investigations by the very police force involved in the arrest raise concerns about
impartiality.
o Lack of Expertise: Investigative bodies might lack the necessary expertise to conduct thorough
forensic examinations.
o Lengthy Judicial Processes: Delays in judicial proceedings can hinder justice and erode public
faith in the system.
• Accountability of Officials:
o Weak Punishment: Penalties for custodial violence or causing custodial deaths are often seen as
lenient, acting as a weak deterrent.
o Bureaucratic Hurdles: Disciplinary proceedings against errant officials can be slow and
cumbersome, delaying accountability.
o Witness Intimidation: Fear of retaliation from authorities can discourage witnesses from coming
forward.
The Way Forward: A Multi-Pronged Approach
To effectively address custodial deaths in India, a multi-pronged approach is necessary:
• Strengthening Legal Frameworks:
o Enacting a comprehensive anti-torture law that explicitly criminalizes custodial violence.
o Introducing mandatory video recording of arrests and interrogations to increase transparency.
o Streamlining investigations with clear timelines and independent oversight mechanisms.
• Ensuring Implementation:
o Sensitizing law enforcement personnel on human rights and the proper use of force.
o Regular inspections of detention facilities by independent bodies.
o Enhancing public awareness of their rights and ways to report custodial violence.
• Holding Officials Accountable:
o Swift and stringent punishment for officials found guilty of custodial violence or negligence
leading to death.
 o Fast-tracking disciplinary proceedings against erring officers and ensuring transparency.
o Protecting witnesses from intimidation and providing them with support.
• Judicial Reforms:
o Expediting the judicial process to ensure timely delivery of justice for victims.
o Providing special courts or fast-track mechanisms for handling custodial death cases.
o Enhancing judicial training on custodial death investigations and awarding appropriate
compensation to victims' families.
Conclusion:
• By implementing these measures, India can create a more robust system that protects the rights of
detainees and promotes accountability within the criminal justice system. Only through collective
efforts can the fight against custodial deaths be truly successful.
Associated Additional Information:
About Article 136 of the Constitution of India:
• It deals with special leave to appeal by the Supreme Court. It gives the Supreme Court the authority to
grant special leave to appeal from any judgment in any matter passed by any court or tribunal in India.
This does not apply to any judgment passed by any court or tribunal constituted by or under any law
relating to the Armed Forces.

Appeals against CAT order in contempt proceedings lie before the

Supreme Court
Context:
• Recently, the Allahabad High Court in:
o “Dr Brajendra Singh Chauhan Vs Central Administrative Tribunal Case”
• held that an appeal against an order of the Central Administrative Tribunal while exercising its
contempt jurisdiction under Section 17 of the Administrative Tribunals Act 1985 lies before the Supreme
Court under Section 19 of the Contempt of Courts Act, 1971.
• It also held that no such order can be challenged before the High Court under Article 226 of the
Constitution.
Analysis for Prelims:
About Central Administrative Tribunal:
• It was established under Article 323-A of the Constitution for adjudication of disputes and complaints
with respect to recruitment and conditions of service of persons appointed to public services and posts
in connection with the affairs of the Union or other authorities under the control of the Government.
• There are 19 Benches and 19 Circuit Benches in the Central Administrative Tribunal all over India.
• The Government of India has notified 215 organizations including Ministries and Departments of
Central Government, under section 14 (2) of the Administrative Tribunals Act, 1985 to bring them
within the jurisdiction of the Central Administrative Tribunal, from time to time. In addition, the
 Central Administrative Tribunal, Principal Bench is dealing with the matters of Govt. of National
Capital Territory of Delhi.
• Composition of the tribunal:
o It is headed by a chairman.
o There are 69 members in various Benches of the Tribunal out of which 34 are Judicial Members
and 35 are Administrative Members.
▪ Subject to other provisions of the Act, a Bench consists of one Judicial Member and one
Administrative Member.
o Salaries and Allowances and Conditions of Service of the officers and other employees of the
Tribunal are specified by the Central Government. Pursuant to these provisions, the Central
Government has notified the Central Administrative Tribunal Staff (Condition of Service) Rules,
1985.
• The Tribunal is also distinguishable from the ordinary courts with regards to its jurisdiction and
procedure:
o It exercises jurisdiction only in relation to the service matters of the parties covered by the Act.
o An aggrieved government employee can also appear personally before the Tribunal.
o It is guided by the principles of natural justice in deciding cases and is not bound by the
procedure, prescribed by the Civil Procedure Code.
o It is empowered to frame its own rules of procedure and practice.
• Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the
power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
• Initially the decision of the Tribunal could be challenged before the Supreme Court by filing Special
Leave Petition. However, after the Supreme Court's decision in
o “L. Chandra Kumar's Case”
• the orders of Central Administrative Tribunal can be challenged by way of Writ Petition under Article
226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of
the Tribunal is situated.
Associated Additional Information:
Legal and Constitutional Provisions:
• Section 17 of the Administrative Tribunals Act 1985: It empowers the Tribunal to punish for contempt
of court and exercise its power similar to the High Court with regard to provisions of the Contempt of
Courts Act, 1971.
• Section 19 of the Contempt of Courts Act, 1971: It provides that the appeals against the orders of
Tribunal shall lie as a matter of right to the Bench of at least two Judges of High Court, where the
contempt order is passed by the Single Judge and it shall lie to the Supreme Court where the order is
passed by the Bench.
• Article 323A of the Constitution of India: It states that parliament may, by law, provide for the
adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment
and conditions of service of persons appointed to public services and posts in connection with the affairs
 of the Union or of any State or of any local or other authority within the territory of India or under the
control of the Government of India or of any corporation owned or controlled by the Government.

Curative petition
Context:
• The Supreme Court, while listening to a curative petition, ruled that the Delhi Metro Rail Corporation
(DMRC) will not have to pay nearly Rs 8,000 crore to the Delhi Airport Metro Express Private Limited
(DAMEPL), an Infrastructure company, which was awarded by a 2017 arbitral award.
Background and Analysis:
About Curative petition:
• A curative petition is essentially the last resort option available in the Indian legal system to challenge
a final judgment by the Supreme Court.
• The petition as a layer of appeal against a Supreme Court decision is not prescribed in the Constitution
and is a judicial innovation, designed for correcting “grave injustices” in a ruling.
• The Supreme Court first articulated the concept of a curative writ in “Rupa Ashok Hurra vs Ashok
Hurra (2002) Case”. The bench of the Supreme Court held that the Supreme Court could entertain a
curative petition under the following grounds:
o Violation of principles of natural justice.
o Question of bias against the presiding judge.
o Abuse of the process of the court.
• Curative writs are sparingly used and are narrow is scope.
• These petitions need to be approved by a senior advocate designated by the court.
 • Curative writs are filed mostly in death penalty cases.
o However, the Supreme Court in the Yakub Memon case (2015) and the Delhi gang rape convicts
case (2020) dismissed curative writs challenging death sentences.
o In 2023, in the Bhopal gas tragedy case, the Supreme Court refused to exercise its curative
powers to enhance the compensation provided to victims that was deemed grossly inadequate.
Related Constitutional Provision:
• Article 137 of the Constitution of India supports the idea of a curative petition. It states that the “Subject
to the provisions of any law made by Parliament or any rules made under Article 145 of the Constitution
of India, the Supreme Court shall have power to review any judgment pronounced or order made by
it.”

Scheduled and Tribal Areas

Protests in the Union Territory of Ladakh
Context:
• Recently, A three-day hunger strike began in Kargil in Ladakh.
• The hunger strike was conducted by a political group in support of their four-point demands, including
statehood and Ladakh's inclusion in the Sixth Schedule of the Constitution, with people from different
walks of life joining the symbolic protest against the Central government.
Background and Analysis:
• Recently, the people of Ladakh and local leaders had approached the Ministry of Home Affairs with
four demands:
o Statehood for Ladakh.
o Inclusion of Ladakh under the Sixth Schedule of the Indian Constitution.
o Setting up of a separate public service commission for Ladakh.
o Two parliamentary seats for Ladakh.
• The MHA delegate agreed in principle to negotiate the last two demands, but downright rejected the
demands for statehood and the Sixth Schedule, resulting in hunger strikes and protests.
Breakdown of their demands:
• Statehood for Ladakh:
o Currently, Ladakh is a Union Territory (UT). Statehood would give Ladakh a higher level of
self-governance. With statehood, Ladakh would have its own elected legislature, allowing them
to make laws on a wider range of issues that directly affect them.
• Inclusion under the Sixth Schedule (Article 244):
o The Sixth Schedule of the Indian Constitution provides special provisions for certain tribal
areas. Inclusion under this schedule would offer Ladakh safeguards for their:
▪ Culture and traditions
▪ Language
 ▪ Landownership rights
o Besides, it would provide local bodies with legislative, judicial, and administrative powers as
the case with tribal areas in Assam, Meghalaya, Tripura, and Mizoram. At present Ladhak has
Ladhak Autonomous Hill Development Council which lack significant powers.
o The National Commission for Scheduled Tribes had also recommended Ladakh’s inclusion
in the Sixth Schedule due to its tribal majority and unique cultural heritage.
• Separate Public Service Commission:
o A separate Public Service Commission specifically for Ladakh would ensure that Ladakhis
have a fair chance at government jobs in their region. Currently, they compete with
candidates from other parts of India.
• Two Parliamentary Seats:
o Ladakh has a relatively small population. However, having two parliamentary seats would
give them a stronger voice in the national parliament and ensure their concerns are heard.
Associated Additional Information:
About Ladakh Autonomous Hill Development Council:
The Ladakh Autonomous Hill Development Council (LAHDC) is a statutory body constituted under the
Ladakh Autonomous Hill Development Council Act, 1995.
• It has two councils, one for Leh district and the other for Kargil district.
• The Council in Leh came into being with the holding of elections on August 28,1995. The inaugural
meeting of the council was held in Leh on September 3,1995.
• The Hill Council in Kargil came in to existence in July 2003.
Each council comprises of:
• An Executive committee composed of a Chief Executive Councillor/ Chairman, a Deputy chairman and
3 other executive councillors.
• 26 elected members/ councillors and 4 nominated councillors from the Principal Minority and Women
folk.
• The councils are responsible for the following matters:
o Planning and development and administration of the region
o Public works
o Agriculture, horticulture, and animal husbandry
o Education, health, and sanitation
o Tourism and culture
o Roads and bridges
o Irrigation
o Other matters as may be delegated by the administration.
• It also has the power to make laws, raise some resources through taxes, and appoint its own employees.
Though Ladakh Autonomous Hill Development Council has been working continuously to make a positive
change in the lives of the people, it continues to face a number of issues, including:
• Limited powers: It has limited powers over subjects such as land, law and order, and taxation.
Moreover, considerable powers have been handed over to the Union Territory administration.
• Lack of financial resources: It does not have enough financial resources to meet the needs of the people
of Ladakh. This is because the council does not have power to raise sufficient taxes and depend on
administration for finances, which often come with terms and conditions.
o Council in Leh received Rs. 300 crores in the latest budget of Ladakh for the year 2023-24
o Council in Kargil received Rs. 233 crores in the latest budget of Ladakh for the year 2022-23.
• Lack of representation: Since the council is elected by a small number of people, even those groups
who are indigenous to the region, such as smaller tribal groups and women do not find any role or
representation.

Poll Expenditure
Context:
• With the general elections underway, among the Election Commission’s (EC) key responsibilities is
monitoring poll expenditure, both by parties and individual candidates, through its own observers and
state and Central enforcement agencies.
Background and Analysis for Prelims:
• The Election Commission of India (ECI) monitors poll expenditure and puts limits on it under the
following rules and sections:
• The Representation of the People Act, 1951: This act sets the overall framework for elections in India.
It includes provisions for regulating poll expenditure.
• According to Section 77 (1) of RPA ,1951, candidates are expected to keep an account of expenditure
from date of nomination till date of declaration of results.
• According to Section 123(6) of RPA,1951, spending more than the maximum limit imposed by the
election commission is a corrupt practice.
• According to Section 10A of RPA, 1951, failure to lodge account of election expenses can lead to
disqualification for a period of three years.
The Conduct of Elections Rules, 1961: These rules provide detailed guidelines for the implementation of the
provisions of the Representation of the People Act, 1951. They include provisions for monitoring poll
expenditure and for imposing penalties for violations. As per the rules, the election commission can:
• Appoint expenditure observers to monitor expenses of candidates.
• Order an inquiry into any suspected violation of rules.
• Impose fine of up to Rs. 2 lakhs on a candidate for violating poll expenditure rules.
• The Election Commission (Conduct of Elections) Order, 2004: This order further clarifies the
provisions of the Conduct of Elections Rules. It includes provisions for setting limits on poll expenditure
and for requiring candidates to submit detailed reports of their expenditure.
• With such statutory backing, ECI has taken a number of steps to curb poll expenditure. These include:
 • Setting limits on the amount of money that can be spent by candidates.
o Expenditure limit for candidates for Lok Sabha constituencies is Rs 70 lakh-Rs 95 lakh
(depending upon states)
o Expenditure limit for Assembly constituencies is Rs 28 lakh- Rs 40 lakh (depending on states).
• Requiring candidates to submit detailed reports of their expenditure within 30 days of the completion
of the elections.
• Appointing expenditure observers to monitor the expenditure of candidates.
• Ordering inquiries into suspected violations of the rules.
Analysis for Mains:
• Despite these efforts, poll expenditure remains a problem in India. There are a number of reasons for
this, including:
• The limits on poll expenditure for candidates are highly unrealistic. The high costs associated with
advertising, rallies, and other campaign activities compel candidates to seek substantial financial
resources, generally leading to excessive expenditure above the limits.
• There is no cap on a political party’s expenditure. Though, registered political parties have to submit
details of their expenditure within 90 days of elections to Election Commission of India.
• Lack of transparency in reporting of poll expenditure.
• Lack of adequate manpower and resources with ECI hampers its ability to monitor expenditure
effectively across all constituencies.
Way forward:
• ECI needs to take more effective steps to curb poll expenditure if it wants to ensure that elections are
free and fair. As a way forward, following steps can be taken:
• Stringent implementation and enforcement of existing rules and reviewing the limits periodically.
• Setting up a dedicated unit to monitor, track and investigate suspected violations poll expenditure by
candidates
• Using latest technology such as Artificial intelligence and machine learning to monitor poll expenditure.
• Educating voters about poll expenditure to hold candidates accountable for their spending.
• Increasing transparency in reporting of poll expenditure as advocated by Indrajit Gupta Committee.
Associated Additional Information:
Lok Sabha Expenditure limit for candidates over the years:
• The evolution of spending limits for Lok Sabha candidates in India's general elections illustrates a
gradual increase over the decades:
• 1951-52: In the inaugural general election, Lok Sabha candidates were permitted to spend a maximum
of Rs 25,000, with lower caps of Rs 10,000 in some Northeastern states.
• 1971: Spending caps saw their first adjustment, rising to Rs 35,000 for most states.
• 1980: A significant increase occurred, with the spending cap raised to Rs 1 lakh per candidate.
• 1984: Further adjustments saw the cap rise to Rs 1.5 lakh in some states and Rs 1.3 lakh in smaller states,
while states with one to two Lok Sabha seats were limited to Rs 1 lakh.
• 1996: Post-liberalization, spending limits for most states tripled to Rs 4.5 lakh, with variations based on
Union Territory status and the number of seats.
• 1998: The spending cap escalated further, reaching Rs 15 lakh.
• 2004: Another increase saw the limit set at Rs 25 lakh.
• 2014: The cap was more than doubled, soaring to Rs 70 lakh.
• 2022: After the 2019 polls, the spending cap was adjusted to its current figures.
 Scheduled and Tribal Areas and Union Territories
Article 244(A) of the Constitution
Context:
• In Assam’s tribal-majority Diphu Lok Sabha constituency, candidates of all parties have promised the
implementation of Article 244(A) of the Constitution.
Background:
• Article 244(A) was inserted by The Constitution (Twenty-second Amendment) Act, 1969.
Analysis for Prelims:
About 244(A): Formation of an autonomous State comprising certain tribal areas in Assam and creation of
local Legislature or Council of Ministers or both thereof.
• It enables Parliament to pass an Act to “form within the State of Assam an autonomous State comprising
(whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to
paragraph 20 of the Sixth Schedule and create thereof:
o A body, whether elected or partly nominated and partly elected, to function as a Legislature for
the autonomous Stale, or
o A Council of Ministers,or both with such constitution, powers and functions, in each case, as
may be specified in the law”.
• A law passed under this Article is not deemed to be an amendment of the Constitution for the
purposes of Article 368, notwithstanding that it contains any provision which amends or has the effect
of amending the Constitution.
Analysis for Mains:
• There can be potential positives and negatives associated with forming an autonomous state under this
provision:
Potential Positives:
• Increased Autonomy and Empowerment: This provision allows tribal communities to have a greater
say in governing their own affairs. An autonomous state with its own legislature and council of
ministers, could enable them to address local issues and development priorities specific to their
communities.
• Preservation of Culture and Identity: Tribal communities often have unique cultural practices and
traditions. An autonomous state could provide a platform to preserve and promote these aspects of
their identity.
• Socio-economic Development: The devolution of power and resources to the autonomous state could
lead to more focused efforts on improving the socio-economic conditions of tribal communities. This
could involve initiatives in education, healthcare, infrastructure development and livelihood generation
tailored to their specific needs.
• Reduction of Grievances: Granting greater autonomy could potentially address feelings of
marginalization and neglect often experienced by tribal communities. Increased participation in
decision-making processes could foster a sense of ownership and reduce grievances.
Potential Negatives:
• Administrative Complexity: Creating a new state-level administrative structure can be complex and
expensive. Duplication of existing administrative functions could lead to inefficiencies and strain on
resources.
• Potential for Conflict: The formation of an autonomous state within an existing state could lead to
tensions with other communities residing in the territory. Delimitation of boundaries and power-
sharing arrangements need careful consideration to ensure inclusivity and avoid conflict.
• Financial Viability: The economic viability of a small, newly formed state is a concern. Financial
dependence on the central government could hinder its ability to effectively address development
challenges.
• Disruption of Existing Systems: The transition to an autonomous state could disrupt existing
administrative structures and service delivery mechanisms. Ensuring a smooth transition and
continuity of essential services is crucial.
Conclusion:
• The decision to form a state under Article 244(A) requires careful consideration of both potential
benefits and drawbacks. A thorough evaluation of factors like the size and economic strength of the
proposed autonomous state, the needs and aspirations of the tribal communities, and the potential
impact on existing administrative structures is vital. Open dialogue and consensus-building involving
all stakeholders are essential for a successful implementation.
Associated Additional Information:
About Diphu:
• Diphu is the most sparsely populated of Assam’s 14 Lok Sabha constituencies.
• It is reserved for Scheduled Tribes (STs), and covers six legislative Assembly segments in three tribal-
majority hill districts of Assam: Karbi Anglong, West Karbi Anglong, and Dima Hasao.
o These three districts are administered under the provisions of the Sixth Schedule of the
Constitution, which describes the “Provisions as to the Administration of Tribal Areas in the
States of Assam, Meghalaya, Tripura and Mizoram”.
Mains Practice Question :
• Question: Evaluate the merits and demerits of forming autonomous states under Article 244(A) for
tribal communities. Suggest a framework for successful implementation.
 Governance and Social Justice
Armed Forces Special Powers Act (AFSPA)
Context:
Recently,
• The Union Home Minister said the Centre will consider revoking the Armed Forces (Special Powers)
Act in Jammu and Kashmir.
• The Ministry of Home Affairs extended the term of the Armed Forces (Special Powers) Act in three
districts of Arunachal Pradesh, eight districts of Nagaland and several other areas falling under 24
police stations in the two states for six more months from April 1, declaring them as disturbed areas.
• The Manipur home department has extended the Armed Forces (Special Powers) Act or AFSPA, 1958,
for another six months in the state.
Background:
• The origin of Armed Forces (Special Powers) Act, 1958 (AFSPA) can be traced back to the Quit India
Movement of 1942:
o During the Quit India Movement, the British government used the Armed Forces (Special
Powers) Ordinance, 1942 to give the armed forces wide-ranging powers to suppress the
movement.
o The ordinance was repealed after India gained independence in 1947.
• In 1958, the Indian government passed the Armed Forces (Assam and Manipur) Special Powers Act,
1958 in response to the Naga insurgency in the North-East of India under the G.B. Pant, the then Home
Minister.
Analysis for Prelims:
Armed Forces (Special Powers) Act, 1958 (AFSPA) gives special powers to the Armed forces in so called
“disturbed areas”.
• An area can be declared as disturbed under Section 3 of AFSPA.
• The Governor of the state or the administrator of that Union Territory or the Central Government can
declare an area as a “disturbed area”.
o In Inderjit Barua vs the State of Assam Case, the court held that the Governor is empowered
to declare any area of the State as “disturbed area”. It could not be arbitrary on ground of
absence of legislative guidelines.
• An Area can be declared as “disturbed area” if there is satisfaction that the situation calls for the use of
armed forces in aid of the civil power.
AFSPA gives the armed forces the power to:
• Arrest any person without a warrant and detain them for up to 24 hours who has committed a
cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to
commit a cognizable offence.
o Any person arrested and taken into custody under this Act should be made over to the officer
in charge of the nearest police station with the least possible delay, together with a report of the
circumstances occasioning the arrest.
▪ In Horendi Gogoi vs Union of India case (1991): The court held that in case of arrest of
any person, army authority is duty bound to handover to the officer-in-charge of the
nearest police station with least possible delay.
• Use such force as may be necessary to effect the arrest.
• Search any premises without a warrant.
• Use force or fire upon any person who is acting in contravention of any law or order for the time being
in force in the disturbed area.
• Destroy shelters and hide-outs of perpetrators carrying out armed attacks.
• AFSPA also gives armed forces an immunity from prosecution for any action taken under the law. Prior
sanction of Central government is required for prosecution.
• In Luithukia vs Rishang Keishing Case, the Court held that the armed forces must act in cooperation
with the district administration and not as an independent body. Armed Forces should work in
harmony when they are deployed in disturbed area.
Analysis for Mains:
Significance of AFSPA:
• Counters the threat of insurgency and terrorism: The law gives the armed forces the necessary tools to
protect the lives of civilians and maintain law and order in areas infested by threat of insurgency and
terrorism.
• Helps maintain law and order in disturbed areas.
• Acts as deterrent factor: AFSPA deters insurgents and terrorists from carrying out attacks. The
knowledge that the security forces have the power to take decisive action against them acts as a
deterrent and hence helps to prevent violence and bloodshed.
• Gives Confidence to armed forces for stringent action: The law gives immunity from prosecution for
any action taken under the law to the security forces. The forces can take proper action without the fear
getting embroiled in legal battles.
Criticism of AFSPA:
• The law has given unfettered powers to the armed forces without actual accountability mechanism.
• There have been allegations that it has been used to violate the human rights of civilians. There have
been widespread instances of extended custody, extrajudicial killings, torture, and rape by the security
forces.
• It has also created a climate of fear and mistrust in the areas where it is in force.
 • More often than not, armed forces in disturbed areas end up encroaching upon the jurisdiction of state
police forces.
• It has also been used to suppress dissent and target minorities (Justice Hegde Commission, formed on
the directions of the Supreme Court)
Conclusion:
• AFSPA is a complex law with a long history. It is both controversial and necessary. Hence, it is
important to weigh the potential benefits of the law against the potential risks before deciding whether
or not it should be implemented in an area, reformed or repealed altogether.
Associated Additional Information:
Supreme Court Judgements:
• Supreme Court upheld the constitutionality of AFSPA in Naga People's Movement of Human Rights
v. Union of India (1998) case but gave certain cautions in the form of 'dos and don'ts' by the armed
forces chief.
• In Extra Judicial Execution Victim Families Association v. Union of India case, Supreme Court ruled
that the AFSPA does not give the armed forces the power to use excessive force. The Court also ruled
that the armed forces should also investigate all allegations of human rights violations and take
appropriate action against those responsible.
Committee recommendations:
• The Jeevan Reddy Committee (2005) recommended that the AFSPA be repealed and that the essential
provisions of the act be inserted into the Unlawful Activities (Prevention) Act of 1967. It also concluded
that the powers conferred under the Act are not absolute.
• The Justice Verma Committee (2013) observed that AFSPA legitimizes the immunity against sexual
violence against women. It recommended that the AFSPA be reviewed and amended to ensure that it
is in conformity with the Supreme Court of India’s judgements, Constitution of India and international
human rights standards.
• Justice Hegde Commission (2013) recommended that the Act must be properly reviewed every six
months to see if its implementation is necessary. Besides, the government should provide compensation
to the victims of human rights violations.
• Second Administrative Reforms Commission (headed by M Veerappa Moily): The report on public
order recommended that the AFSPA be repealed.
Associated additional information:
AFSPA has been in force in the following states and union territories of India at one time or another:
• Arunachal Pradesh
• Assam
• Manipur
• Meghalaya
• Mizoram
• Nagaland
 • Tripura
• Jammu and Kashmir
Mains PYQ :
• Question: Human rights activists constantly highlight the fact that the Armed forces (Special Powers)
Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by security forces. What
sections of AFSPA are opposed by the activists? Critically evaluate the requirement with reference to
the view held by the Apex Court. (UPSC Mains 2015)

CBI Rising Day

Context:
• Recently, the CBI celebrated the CBI Raising Day on 1st April, 2024.
Background and Analysis for Prelims:
About CBI:
CBI is the premier investigating agency of India:
• Established in 1963 by an Act of Parliament on the recommandations of Santhanam Committee on
Prevention of Corruption (1962–1964).
• Governed by the Delhi Special Police Establishment (DSPE) Act, 1946.
• Headed by a Director. Lokpal Act provides for a committee to appoint the Director. Headed by PM, the
committee also includes Leader of Opposition/ Leader of the single largest opposition party, Chief
Justice of India/ a Supreme Court Judge.
• Headquartered in New Delhi.
• Has offices in all major cities in India.
DSPE Act gives the CBI wide powers including power to:
• Investigate crimes such as that of corruption, economic offences, and organized crime under Prevention
of Corruption Act etc.
• Register cases on its own.
• Take over cases from state police forces.
• Arrest and interrogate suspects.
• Seize evidence.
Some of the other key functions of CBI include:
• To investigate cases involving high-ranking government officials.
• To coordinate the activities of anti-corruption agencies in state police forces.
• To provide training to police officers.
• To develop and implement new methods of investigating crimes.
• To act as nodal police agency for Interpol in India.
Analysis for Mains:
The CBI has a reputation for being a professional and efficient investigating agency. It has investigated a
number of high-profile cases, including:
• the Bofors gun deal.
• the Harshad Mehta securities scam.
• the 2G spectrum scam.
• the Vyapam scam.
• the Punjab National Bank fraud.
• However, it also faces some issues. Supreme Court has called CBI a “Caged Parrot of Government of
India, dancing to the tunes of its political masters” and a "toothless tiger”.
Problems associated with CBI:
• Political interference: It is often accused of targeting political opponents of the ruling dispensation.
• Lack of independence:
o It works under the overall supervision of Department of Personnel, Ministry of Personnel,
Pension & Public Grievances.
o It depends upon the government for staffing and lawyers.
o It requires state’s consent for investigating a case in their territory according to Section 6 of DSPE
Act.
o It requires state’s consent for investigating a case in their territory according to Section 6 of DSPE
Act.
o The directors of CBI are changed at a whim of the government.
• Lack of financial autonomy: It has to depend upon the government for its budgetary and financial
needs.
• Corruption: There have been allegations of corruption against CBI officials.
o In 2019, it was accused of leaking confidential information to the media.
o In 2021, it was accused of fabricating evidence against a politician in a money laundering case.
• Inefficient investigations: It has been criticized for its slow and inefficient investigations. This has led
to a backlog of cases.
o In 2013, the Supreme Court criticized CBI for its handling of 2G spectrum scam with biased and
inefficient investigation.
o In August 2020, it took over the investigation of the death of Bollywood actor Sushant Singh
Rajput. It has not yet released any findings from its investigation.
Conclusion:
• These illustrate the serious problems that the CBI is facing. Some reform are sine-qua-non in order to
regain public's trust:
Reforms can include:
• Providing constitutional status to reduce political interference as enjoyed by CAG.
• Enacting a separate new law for CBI (2nd ARC, L P Singh committee, 19th report of the Parliamentary
Standing Committee (2007))
• Fixing tenure of the director. Should not be less than 2 years (Vineet Narain vs Union of India Case)
• Developing separate cadre for CBI in line with international practices.
• Holding CBI officials accountable for their actions.
• Giving CBI financial autonomy
Associated Additional Information:
Other Supreme Court cases associated with reforms in the CBI:
• Vineet Narain vs Union of India (1997): The landmark judgment laid down number of measures to
ensure the independence of the CBI, including:
o Appointment of 3-membered committee to select CBI Director.
o Establishment of a Lokpal to oversee the CBI.
o Creation of a permanent bench of Delhi High Court to hear cases involving the CBI.
• A.K. Jain vs Union of India (2000): The judgment held that the CBI Director can be removed from office
only by a two-thirds majority of the Select Committee.
• Central Bureau of Investigation vs State of Rajasthan (2012): The judgment held that CBI has the
power to investigate cases against state government officials.

Right to Information Act, 2005

Context:
• Recently, The Punjab & Haryana High Court quashed an FIR lodged for cheating and
• forgery against an applicant seeking information under the Right to Information (RTI) Act 2005,
observing there is no provision under the RTI Act or Rules to file a complaint against an applicant, who
sought information.
Background:
Genesis of Right to Information at international level:
• 1948: The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General
Assembly on December 10, 1948, under Article 19 includes the right to “seek, receive and impart
information and ideas through any media and regardless of frontiers.”
• 1966: The International Covenant on Civil and Political Rights (ICCPR), adopted by United Nations in
1966, under Article 19(2) states that “Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other media of his
choice.”
Genesis of Right to Information in India:
• 1976: Raj Narain vs the State of Uttar Pradesh case: The Supreme Court said that Right to information
will be treated as a fundamental right under Article 19 of the Constitution of India.
• 1986: Mr. Kulwal v/s Jaipur Municipal Corporation case: The Supreme Court said that freedom of
speech and expression provided under Article 19 of the Constitution of India clearly implies Right to
Information. It also mentioned that in a democratic country like India uninformed citizens cannot enjoy
freedom of speech and expression.
• 1994: Mazdoor Kisan Shakti Sangathan wanted information from the government regarding the
developmental work in the rural areas of Rajasthan. They, as well as other organisations, organized
campaigns, rallies, and protests to demand the right to access government information. This culminated
into the Right to Information movement in India.
• 1995: National Campaign for People’s Right to Information and other civil society organizations
pushed for the enactment of the RTI legislation at the national level. This was a significant wake-up call
for the government, which eventually led to the passing of the RTI Act in 2005 at the national level.
Analysis for Prelims:
About Right to Information Act 2005:
It empowers citizens to access information from public authorities and government organizations.
• Objective: The primary objective of the Act is to ensure that citizens have the right to access information
held by public authorities.
• Applicability: It applies to the whole of India, and it covers any “Public authority”.
• Public authority means any authority or body or institution of self-government established or
constituted:
o by or under the Constitution.
o by any other law made by Parliament/State Legislature.
o by notification issued or order made by the appropriate Government, and includes any body
owned, controlled or substantially financed.
o non-Government organisation substantially financed, directly or indirectly by funds provided
by the appropriate Government.
• Accessible Information: Information accessible under this Act includes information which is held by
or under the control of any public authority. It includes the right to:
o Inspection of work, documents, records;
o Taking notes, extracts or certified copies of documents or records;
o Taking certified samples of material;
o Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts where such information is stored in a computer or in any
other device.
 • Request for Information: Any citizen of India, including non-resident Indians, can file an RTI request
to obtain information. Requests can be made in writing, electronically, or orally, depending on the
state’s specific rules and regulations.
• Time Limit: Public authorities are required to provide the requested information within 30 days of
receiving the RTI request, or within 48 hours in cases involving life or liberty.
• Exemptions: It allows for certain exemptions, such as national security, personal privacy, and
confidential commercial information. However, these exemptions are subject to reasonable restrictions.
• Fees: Public authorities can charge a nominal fee for providing information, but this fee is generally
quite low and is intended to be affordable for citizens.
• Appeal Mechanism: If a request is denied or the applicant is dissatisfied with the response, they can
appeal to higher authorities within the government system. The Act establishes designated bodies
known as Information Commissions at the central and state levels to handle appeals and complaints.
• Whistleblower Protection: It provides protection to whistleblowers who disclose information about
corruption, maladministration, or other wrongdoing within government bodies.
• Penalties: It contains provisions for penalties against officials who do not comply with the requirements
of the Act, including fines and disciplinary actions.
About RTI (Amendment) Act, 2019:
• It provided that Chief Information Commissioner and Information Commissioners (of Centre as well
as the States) shall hold office for such term as prescribed by the Central Government.
o Earlier, the term was fixed at 5 years.
• It provided that the salary, allowances and other service conditions of Chief Information Commissioner
and Information Commissioners (of Centre as well as the States) shall be such as prescribed by the
Central Government.
o Earlier, the salary, allowances and other service conditions of the Chief Information
Commissioner were similar to those of the Chief Election Commissioner. Those of Information
Commissioners were similar to those of an Election Commissioner (State Election
Commissioners in case of States).
Analysis for Mains:
• Though, Right to Information Act, 2005 has strengthened participatory democracy, ushered in people
centred governance and improved decision making by public authorities by removing secrecy to some
extent, there are several challenges associated with its implementation. Some of the key challenges
include:
• Lack of Awareness: Many people, especially in rural areas, may not be aware of their rights under the
RTI Act, leading to underutilization of this powerful tool.
• Procedural Delays: Public authorities often do not adhere to the specified time limits for providing
information, leading to delays and frustration for applicants.
• Exemptions and Misuse: Some public authorities misuse the exemptions provided by the Act to
withhold information that should be in the public domain, which can undermine the spirit of
transparency.
 • Inadequate Infrastructure: Some government offices may lack the necessary infrastructure to
effectively handle RTI requests, leading to inefficiencies and delays in providing information. As of
June 2023, there were 3.21 lakh pending appeals and complaints within the 27 information commissions.
• Harassment of Applicants: In certain cases, individuals filing RTI requests have faced harassment,
threats, or even violence, especially when their queries pertain to sensitive issues or corruption.
• Incomplete and Inaccurate Information: There have been instances where the information provided
by public authorities in response to RTI requests is incomplete or inaccurate, which hinders the process
of obtaining accurate and comprehensive information.
• Lack of Accountability: In some cases, there is limited accountability for public authorities who do not
comply with the provisions of the RTI Act, which can discourage citizens from pursuing their right to
information.
• Political and Bureaucratic Resistance: There have been instances of political and bureaucratic
resistance to the implementation of the RTI Act, leading to challenges in accessing critical information,
particularly related to government decisions and policies.
Conclusion:
• Addressing these challenges requires a multi-faceted approach, including increasing awareness about
the RTI Act, enhancing the capacity of public authorities to handle requests efficiently, and ensuring
strict enforcement of the provisions of the Act.
• Moreover, it is essential to foster a culture of transparency and accountability within government
institutions to facilitate the smooth functioning of the RTI Act and uphold the principles of good
governance.
Mains PYQ :
• Question: “The Right to Information act is not all about citizens’ empowerment alone, it essentially
redefines the concept of accountability. Discuss. (UPSC Mains 2018)
 Zero FIR
Context:
• Recently, A Zero FIR was registered against a person for making objectionable comments against the
Chief Minister of Telangana State.
Background:
• The provision of Zero FIR came up after the recommendation of the Justice Verma Committee which
was constituted after the 2012 Nirbhaya gang rape case. It had to suggest amendments to the Criminal
Law in a bid to provide for faster trial and enhanced punishment for criminals accused of committing
sexual assault against women.
Analysis for Prelims:
What is Zero FIR?
• A Zero FIR (First Information Report) is a type of FIR that can be filed at any police station regardless
of the location where the crime occurred or where it was reported. It allows for the immediate
registration of a complaint without jurisdictional constraints, especially in cases where the crime spans
multiple jurisdictions or where the victim is unable to report the incident to the police station having
jurisdiction over the area where the offense took place.
• No regular FIR number is given for the Zero FIR. After receiving such FIR, the revenant police station
registers a fresh FIR and starts the investigation.
Legal Provisions for Zero FIR:
• There's no specific provision in the Criminal Procedure Code (CrPC) that explicitly mentions “Zero
FIR”. However, the concept is derived from Section 154 of the CrPC, which mandates police officers to
register an FIR upon receiving information about a cognizable offense (an offense for which a police
officer can arrest without a warrant).
• Another section which can be related to the concept of “Zero FIR” is Section 166A of the Indian Penal
Code (IPC). This section deals with the punishment for not registering FIRs in cases of cognizable
offenses. It holds public servants responsible for failing to record FIRs and initiate investigations.
Analysis for Mains:
• This provision for Zero FIR has both positive and negative consequences:
Positive Consequences:
• Immediate Action: Zero FIR ensures prompt action by the police without jurisdictional delays,
facilitating early investigation and evidence collection. This swift response is crucial in cases where
timely intervention can prevent further harm or loss.
• Access to Justice: Victims can seek justice without facing geographical constraints or jurisdictional
barriers. This provision empowers individuals to report crimes without hesitation, knowing that their
complaints will be promptly addressed, regardless of where they are located.
• Effective Investigation: Seamless coordination between multiple police stations and investigative
agencies enhances investigation efficiency, particularly in cases of serious crimes that may span across
 different jurisdictions. It enables law enforcement to pool resources and expertise to solve complex
cases.
• Legal Compliance: Filing Zero FIR ensures compliance with legal requirements for reporting crimes
promptly. It holds law enforcement accountable for any negligence in registering complaints, thereby
upholding the principles of justice and fairness.
Negative Consequences:
• Challenges in Implementation: Implementing Zero FIR may pose logistical challenges for law
enforcement agencies, especially in coordinating investigations across different jurisdictions. This could
lead to administrative complexities and delays in the legal process.
• Potential Misuse: There is a risk of misuse, with individuals filing false complaints or frivolous cases
to harass others or divert police resources. Such misuse could undermine the credibility of the legal
system and cause undue hardship to innocent individuals.
Conclusion:
• Despite its potential challenges, Zero FIR remains a valuable tool in ensuring timely justice delivery
and enhancing access to legal remedies for victims of crime. While efforts should be made to address
implementation challenges and prevent misuse, the overall benefits of Zero FIR in promoting swift and
efficient law enforcement outweigh its limitations. Therefore, it remains an essential provision in
safeguarding the rights of individuals and upholding the rule of law in society.

POSH Act, 2013

Context:
• The Supreme Court has appointed an Amicus Curiae in a matter wherein it had issued a slew of
directions under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act (POSH) in May 2023.
Background:
Aureliano Fernandes vs the State of Goa Case, the Supreme Court had issued the following guidelines in May
2023:
• The Union of India, all State Governments and Union Territories to undertake a timebound exercise to
verify as to whether all the concerned Ministries, Departments, Government organizations, authorities,
Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs.
o A similar exercise should also be undertaken by all the Statutory bodies of professionals at the
Apex level and the State level (including those regulating doctors, lawyers, architects etc), by
universities, colleges, Training Centres and educational institutions etc.
• Information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs
and contact numbers of the designated persons, the procedure prescribed for submitting an online
complaint, regulations and internal policies should be made readily available on the website of the
concerned Authority. Such information furnished should also be updated from time to time.
• Immediate and effective steps should be taken by the authorities to familiarize members of the
ICCs/LCs/ICs with their duties and the manner in which an inquiry ought to be conducted on
receiving a complaint of sexual harassment at the workplace.
 • The authorities/management/employers should regularly conduct orientation programmes,
workshops, seminars and awareness programmes to upskill members of the ICCs/LCs/ICs and to
educate women employees and women’s groups about the provisions of the Act, the Rules and relevant
regulations.
• The National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs)
should develop modules to conduct workshops and organize awareness programmes to sensitize
authorities, employees and adolescent groups with the provisions of the Act.
• The National Judicial Academy and the State Judicial Academies should include in their annual
calendars, orientation programmes, seminars and workshops for capacity building of members of the
ICCs/LCs/ICs established in the High Courts and District Courts and for drafting Standard Operating
Procedures (SOPs) to conduct an inquiry under the Act and Rules.
Please note:
• ICC: Internal Complaints Committees
• LC: Local Committees
• IC: Internal Committees
Analysis for Prelims:
About Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013:
• It is an important piece of legislation aimed at addressing and preventing sexual harassment in the
workplace. It was introduced to provide a safer and more equitable environment for working women.
Provisions of the Act:
• Definition of Sexual Harassment: It defines sexual harassment broadly, encompassing unwelcome
physical contact, sexual advances, demands for sexual favours, sexually coloured remarks, or any other
unwelcome conduct of a sexual nature.
• Duty of Employers: It places the responsibility on employers to create a safe working environment, and
it mandates the establishment of an ICC in organizations with more than 10 employees.
o In cases an organization has fewer than 10 employees or in the absence of an ICC, it provides
for the formation of a LC.
• Complaint Mechanism: It lays down the procedure for filing complaints and mandates that complaints
are to be handled in a timely manner. It also ensures that the identity of the complainant is protected.
• Redressal: It specifies that actions can be taken against the perpetrator if they are found guilty,
including penalties and disciplinary actions. Actions include:
o Transfer of the victim or the perpetrator of the harassment to another workplace.
o Compensation to the victim.
o Disciplinary action against the perpetrator of the harassment.
• Awareness and Training: Employers are required to provide awareness and training programs to
educate employees about the Act and prevent sexual harassment.
Analysis for Mains:
Benefits of the Act:
• Legal Protection: The Act provides legal protection to working women by addressing sexual
harassment in the workplace, ensuring that their rights are safeguarded.
• Safe Workplace: It helps in creating a safer working environment for women, which can promote their
participation in the workforce.
• Timely Redressal: The Act outlines a clear procedure for addressing complaints, ensuring that they are
dealt with promptly.
• Confidentiality: The Act prioritizes the confidentiality of the complainant and encourages a
harassment-free space for reporting incidents.
• Awareness and Education: The requirement for awareness and training programs helps in educating
employees and employers about the importance of preventing sexual harassment.
Criticisms of the Act:
• Limited Coverage: It only addresses the issue of sexual harassment of women, potentially leaving out
men and members of the LGBTQ+ community who may also experience workplace harassment.
• Implementation Challenges: There have been concerns about the effective implementation of the Act,
particularly in smaller organizations or in sectors with a predominantly informal workforce.
• Inadequate Punishments: The penalties and disciplinary actions prescribed by the Act are not stringent
enough to deter potential perpetrators.
• Lack of Awareness about the provisions of the act which can hinders its effectiveness.
• Reliance on Internal Committees: It places significant reliance on internal committees for redressal
which may be biased in some cases.
Conclusion:
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 is
an important step in addressing workplace sexual harassment in India. However, it is important to
continuously evaluate such an important legislation to address its limitations and challenges effectively.
 National Civil Services Day
Context:
• National Civil Service Day 2024 was celebrated recently on 21st April.
Background:
• National Civil Service Day commemorates the address given by Sardar Vallabhbhai Patel, the first
Home Minister of Independent India, to probationary officers in 1947, where he referred to civil
servants as ‘the steel frame of India,’ thereby serving as a reminder to reflect on their services and
reaffirm their commitment to serving citizens.
• The first celebration was hosted at Vigyan Bhawan, New Delhi, on April 21st, coinciding with Patel’s
anniversary speech, making April 21st designated as National Civil Service Day.
Analysis for Prelims:
About National Civil Service Day:
• It is a day dedicated to highlighting the important role of civil services in promoting citizen-centred
governance.
• Each year on this occasion, the Prime Minister confers the Prime Minister’s Awards for Excellence in
Public Administration upon districts and implementing units for their exemplary achievements in
priority programme implementation and innovation categories.
• While the date remains the same every year, the theme keeps changing and is chosen to emphasise the
responsibility of civil servants to empower citizens through transparent, accountable, and responsive
administration.
o Note: The official theme of 2024 is yet to be announced by the PIB.

Supreme Court permits abortion beyond 24 weeks of pregnancy.

Context:
• Recently, the Supreme Court allowed a 14-year-old victim of sexual assault to terminate her almost 30-
week pregnancy.
Background:
History of Abortion Laws in India:
• Until 1971, the practice of abortion was governed by Indian Penal Code,1862 and Code of Criminal
Procedure, 1898.
• These laws had their roots in 19th-century British morality, according to which, abortion was a crime
punishable for both the mother and the abortionist unless it was performed to save the woman's life.
• After taking into account legal developments around the world with respect to medical termination of
pregnancy, Shantilal Shah Committee recommended legalising abortion to prevent maternal
morbidity and mortality on compassionate and medical grounds.
• As a result, the MTP Act, 1971 was passed by the parliament.
Analysis for Prelims:
About India’s law on Abortion:
• The Medical Termination of Pregnancy Act, 1971 (MTP Act) as amended by the Medical Termination
of Pregnancy (Amendment) Act, 2021 allows the termination of pregnancy under the following
circumstances.
• Termination of pregnancy up to 20 weeks is allowed on the advice of one doctor.
• If pregnancy is between 20-24 weeks, the right to seek abortion is determined by not less than two
registered medical practitioners, but only under certain categories, such as (as listed in Section 3B of
the Rules under the MTP Act):
o Survivors of sexual assault or rape or incest.
o Minors.
o Women whose change of marital status during the ongoing pregnancy has led to their being in
a situation of destitution or having no means of livelihood.
o Women with physical disabilities or mental illness that would make it extremely difficult for
them to carry the pregnancy to full term or to care for the child.
o Women who have been victims of grave injury or whose physical or mental health is at risk if
the pregnancy is allowed to continue.
• After 24 weeks, a medical board is to be set up in “approved facilities”, which may “allow or deny
termination of pregnancy” only if there is substantial foetal abnormality. The Medical Board consists
of:
o a Gynaecologist
o a Paediatrician
o a Radiologist or Sonologist
o such other number of members as may be notified in the Official Gazette by Government of the
State or Union territory
Other Provisions:
• A registered medical practitioner cannot reveal the name and other particulars of a woman whose
pregnancy has been terminated under this Act except to a person authorised by any law for the time
being in force.
• Anyone who contravenes the provisions of the act is punishable with imprisonment which may extend
to one year, or with fine, or with both.
Analysis for Mains:
Criticism:
The Act has been criticized for a number of reasons:
• A woman’s bodily autonomy still primarily rests with state rather than with the mother.
o For example: A woman who does not fall into the categories specified by the act or its rules
would not be able to seek abortion beyond 20 weeks.
 • Time frame for Medical Board’s decision is not specified.
• It is unclear if transgender persons will be covered under the provisions in the future.
• Non-inclusion of provisions for ensuring the accountability when death of the mother is caused due to
the denial to perform abortion.
• Besides, there is a lack of awareness regarding reproductive rights among women, especially in rural
areas.
Associated Additional Information:
Other cases where the Court allowed termination of pregnancy beyond 24 weeks:
Under the provisions of Article 142 of the Constitution of India, the Supreme Court can do complete justice.
Using this provision, the court has allowed termination of pregnancy beyond 24 weeks:
• In August 2023, The Supreme Court allowed termination of pregnancy of a rape survivor whose
pregnancy was at 27 weeks and three days.
• In September 2022, The Supreme Court allowed abortion for an unmarried woman who was 24 weeks
pregnant. The Court cited “transformative constitutionalism” that promotes and engenders societal
change.
• Even State High courts have taken steps to render justice. In Bhatou Boro vs State of Assam Case (2017),
Gauhati High Court overruled the medical board’s refusal to give an opinion for termination of
pregnancy of over 26 weeks of a minor rape survivor.
Miscellaneous:
Court judgements on reproductive choices of women:
• In Suchita Srivastava v. Chandigarh Administration Case, a bench of three judges adjudged that a
woman’s right to make reproductive choices is essentially a facet of personal liberty as envisaged under
Article 21 of the Indian Constitution.
• In K.S. Puttaswamy Case, the Court observed that reproductive choice is personal liberty guaranteed
under Article 21 of the Indian Constitution. In this sense, women's right to privacy, dignity, and bodily
integrity must be respected.
 Rights of Persons with Disabilities Act, 2016
Context:
• Recently, The Supreme Court expressed disappointment at the inadequate implementation of the
Rights of Persons with Disabilities Act 2016 (RPwD) across states.
o Observing that the enforcement of RPwD is in a “dismal” state, the Court directed the Ministry
of Social Justice and Empowerment to consider the larger picture and provide an update in the
next hearing.
• The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995 (PWD Act): This act marked a significant milestone. It:
o Recognized various disabilities and outlined specific rights for persons with disabilities (PwDs)
in areas like education, employment, and accessibility.
o Introduced a reservation system for PwDs in government jobs and educational institutions.
The 21st Century: A Push for Inclusion and Rights (2000s onwards):
• Shortcomings of the PWD Act: The act was toothless, outdated, unimplemented, and largely unknown.
It had weak enforcement mechanisms and a focus on medical models of disability.
• National Policy for Persons with Disabilities, 2006: The policy recognized that Persons with
Disabilities are valuable human resources for the country and seeked to create an environment that
provides them equal opportunities, protection of their rights and full participation in society.
• It recognized the fact that a majority of persons with disabilities can lead a better quality of life if they
have equal opportunities and effective access to rehabilitation measures.
• The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): India signed
the UNCRPD in 2008, further strengthening international commitments to disability rights.
• The Rights of Persons with Disabilities Act, 2016 (RPwD Act): This act replaced the PWD Act in 2016,
incorporating the principles of the UNCRPD. It:
o Increased the number of recognized disabilities.
o Enhanced provisions for accessibility, education, employment, healthcare, and rehabilitation.
o Established a legal framework for ensuring the rights of PwDs.
Analysis for Prelims:
Issues highlighted by the court:
• States have not appointed a Commissioner under Section 79 of the RPwD Act (Appointment of State
Commissioner in States).
• Such states include Andhra Pradesh, Chhattisgarh, Jharkhand, Punjab, Tripura, UP and UTs of
Andaman and Nicobar, Lakshadweep and Chandigarh.
• States have not created a fund under Section 88 of the RPwD Act (State Fund for persons with
disabilities).
• Such states include Gujarat, Himachal Pradesh, Kerala, Mizoram, West Bengal, UTs of Delhi, Daman
Diu, J&K & Ladakh
• States have not constituted Special Courts for speedy trials & Public Prosecutors under Sections 84 &
85 of the RPwD Act.
• Such states include Arunachal Pradesh and West Bengal.
• States do not have assessment boards for disability certificates.
• States do not have a committee for research of disability under the act. Such states include Kerala, West
Bengal, Punjab, Himachal Pradesh and UTs - J&K and Ladakh, Daman-Diu.
About Rights of Persons with Disabilities Act, 2016:
• The Act was enacted to give effect to the United Nations Convention on the Rights of Persons with
Disabilities.
• Ministry Involved: Ministry of Social Justice & Empowerment.
Provisions of the Act:
• It recognizes 21 categories of disabilities, as opposed to the seven categories listed in the earlier
legislation.
• Rights and Entitlements under the Act:
o Equality and non-discrimination: The appropriate government to ensure that the persons with
disabilities enjoy the right to equality, life with dignity and respect for his or her integrity
equally with others. No person shall be deprived of his or her personal liberty only on the
ground of disability.
o Persons with disabilities will have the right to live in the community.
o The appropriate government and local authorities to ensure that all children with disabilities
shall have right on an equal basis to freely express their views on all matters affecting them
and provide them appropriate support keeping in view their age and disability.
o Protection from cruelty and inhuman treatment.
o Protection from abuse, violence and exploitation.
o No child with disability to be separated from his or her parents on the ground of disability
except on an order of competent court.
 o Government to ensure that persons with disabilities have access to appropriate information
regarding reproductive and family planning.
o The Election Commission of India and the State Election Commissions to ensure that all polling
stations are accessible to persons with disabilities and all materials related to the electoral
process are easily understandable by and accessible to them.
o Where a district court or any designated authority finds that a person with disability is unable
to take legally binding decisions, s/he may be provided further support of a limited guardian
to take legally binding decisions on his behalf in consultation with such person, in such manner,
as may be prescribed by the State Government.
• The act nudges the appropriate Government and the local authorities to ensure that all educational
institutions funded or recognized by them provide inclusive education to the children with disabilities
and towards that end:
o Admit them without discrimination and provide education and opportunities for sports and
recreation activities equally with others.
o Make building, campus and various facilities accessible.
o Provide reasonable accommodation according to the individual's requirements.
o Provide necessary support individualized or otherwise in environments that maximize
academic and social development consistent with the goal of full inclusion.
o Ensure that the education to persons who are blind or deaf or both is imparted in the most
appropriate languages and modes and means of communication.
o Detect specific learning disabilities in children at the earliest and take suitable pedagogical and
other measures to overcome them.
o Monitor participation, progress in terms of attainment levels and completion of education in
respect of every student with disability.
o Provide transportation facilities to the children with disabilities and also the attendant of the
children with disabilities having high support needs.
• The Act also mandates:
o Reservation of not less than 4% in government jobs for persons with disabilities, as well as a 5%
reservation in higher education institutions.
o Creation of a separate National and State Fund to provide financial support to the persons with
disabilities.
o The Chief Commissioner for Persons with Disabilities and the State Commissioners to act as
regulatory bodies and Grievance Redressal agencies, monitoring implementation of the Act.
Analysis for Mains:
• The RPwD Act, a significant step forward for disability rights in India, still faces challenges in ensuring
full inclusion and empowerment for Persons with Disabilities (PwDs). Some key hurdles include:
• Implementation Gap: Bridging the gap between legal provisions and on-ground reality remains a
major challenge. Weak enforcement mechanisms and a lack of trained personnel hinder the effective
implementation of the Act's various aspects.
• Limited Awareness: Many PwDs, especially in rural areas, remain unaware of their rights under the
Act. Raising awareness among PwDs, government officials, and the general public is crucial.
• Attitudinal Barriers: Deep-rooted social stigma and negative attitudes towards disability persist,
creating significant hurdles for inclusion.
• Infrastructure Accessibility: Inadequate infrastructure, like inaccessible buildings, public
transportation, and communication systems, continues to be a major barrier for PwDs.
• Financial Constraints: Resource limitations can hinder the provision of essential services like
education, healthcare, and vocational training for PwDs.
The Way Forward: Building an Inclusive Future
• Despite these challenges, there are ways to move forward and ensure the Act's true potential is realized:
• Strengthening Implementation: Allocate adequate resources for capacity building of government
officials and disability service providers. Implement stricter enforcement mechanisms to ensure
compliance with the Act's provisions.
• Public Awareness Campaigns: Launch targeted public awareness campaigns to educate PwDs about
their rights, and sensitize the public and government officials on disability inclusion.
• Promoting Positive Attitudes: Promote social inclusion campaigns that challenge societal stereotypes
and encourage a more inclusive understanding of disability.
• Enhancing Accessibility: Invest in creating a barrier-free environment by making buildings, public
transportation, and communication systems accessible for PwDs.
• Financial Support: Increase budgetary allocations for programs that support education, healthcare,
skill development, and livelihood opportunities for PwDs.
• Community and Stakeholder Collaboration: Encourage collaboration between government agencies,
NGOs, civil society organizations, and PwD groups to develop and implement effective disability
inclusion strategies.
Conclusion:
• The RPwD Act serves as a vital framework for securing the rights of PwDs in India. By addressing
implementation gaps, fostering attitudinal change, and prioritizing accessibility, we can work towards
a future where PwDs are active participants in all aspects of society, leading to a truly inclusive and
equitable India.
 System of Government
Article 293 of the Constitution of India
Context:
• Recently, the Supreme Court refused to grant interim relief to the Kerala government in its dispute with
the Centre over the state's additional borrowing powers under Article 293 of the constitution and
referred the matter to the constitutional bench.
o Additionally, the scope of judicial review concerning fiscal policy will also be examined by the
larger bench.
Background and Analysis for Prelims:
• Article 293 of the Indian Constitution delineates the borrowing powers of the states and the role of the
central government in facilitating such borrowings. The provision can be summarized as:
o Executive Power of States to Borrow: The executive power of a state extends to borrowing
within the territory of India, provided it is upon the security of the Consolidated Fund of the
State. However, this borrowing power is subject to limits, if any, as may be fixed by the state
legislature through law. Additionally, the state executive can give guarantees for loans within
the prescribed limits.
o Role of the Government of India in State Borrowings: The Government of India is empowered
to make loans to any state or provide guarantees for loans raised by states, subject to conditions
laid down by Parliament. Any funds required for this purpose are charged on the Consolidated
Fund of India. However, these actions are subject to the limits set under Article 292 of the
Constitution.
o Restrictions on State Borrowings: A significant constraint imposed by Article 293 is that a state
cannot raise any loan without the consent of the Government of India if there is still outstanding
any part of a loan previously made to the state by the central government or its predecessor.
This applies equally to loans for which guarantees have been provided by the central
government.
Analysis for Mains:
• The provisions outlined in Article 293 of the Indian Constitution regarding state borrowing have both
positive and negative consequences:
Positive Consequences:
• Fiscal Discipline: By subjecting state borrowing to legislative limits and requiring central government
consent for additional borrowings when previous loans are outstanding, Article 293 promotes fiscal
discipline among state governments. This helps prevent states from accumulating excessive debt, which
could strain their finances in the long term.
• Central Oversight: The requirement for central government consent for state borrowing ensures a
degree of oversight and coordination in fiscal matters between the central and state governments. This
allows the central government to assess the fiscal health of states and prevent them from engaging in
imprudent borrowing practices that could destabilize the broader economy.
• Investor Confidence: Clear guidelines for state borrowing and the involvement of the central
government in guaranteeing loans can enhance investor confidence in state government securities. This
can attract more investors, leading to lower borrowing costs for states and facilitating infrastructure
development and other public projects.
Negative Consequences:
• Central Control: The requirement for central government consent may be perceived as infringing on
the fiscal autonomy of states. States may feel constrained in their ability to raise funds independently
for development projects or in response to emergencies if they are subject to stringent central oversight.
• Delayed Decision-Making: Obtaining central government consent for state borrowing can introduce
delays in the decision-making process, particularly in urgent situations. This bureaucratic process may
hinder timely responses to fiscal challenges or opportunities, impacting the effectiveness of state
governments in managing their finances.
• Inequality Among States: States with weaker fiscal positions or greater reliance on central assistance
may face difficulties in accessing funds compared to financially stronger states. This could exacerbate
inequalities among states and hinder the development of less affluent regions.
Conclusion:
• Overall, while the provisions in Article 293 aim to ensure responsible fiscal management and prevent
fiscal imbalances, they also pose challenges in balancing fiscal autonomy with central oversight and
addressing the diverse financial needs of states.
 Union and State Legislature
ADR report on sitting MPs in Lok Sabha Elections 2019
Context:
• Recently, the Association for Democratic Reforms (ADR) and National Election Watch (NEW) came out
with a report after analyzing the self-sworn affidavits of 514 Sitting MPs out of 543 MPs in the Lok
Sabha 2019 Elections.
Background and Analysis:
Criminal Background:
• Sitting MPs with Criminal Cases: 225(44%) Sitting MPs have declared criminal cases against
themselves.
• Sitting MPs with Serious Criminal Cases: 149 (29%) Sitting MPs have declared serious criminal
cases including cases related to murder, attempt to murder, communal disharmony, kidnapping,
crimes against women etc.
• Sitting MPs with cases related to murder: 9 Sitting MPs have declared cases related to murder.
• Sitting MPs with cases related to Attempt to Murder: 28 Sitting MPs have declared cases of attempt to
murder.
• Sitting MPs with cases related to Crimes against Women: 16 Sitting MPs have declared cases related
to crimes against women. Out of 16 Sitting MPs, 3 Sitting MPs have declared cases related to rape (IPC
Section-376).
Financial Background:
• Billionaire Sitting MPs: 25 (5%) are Billionaires.
• Average Assets: The average assets per sitting MP for Lok Sabha 2019 elections are Rs. 20.71 crores.
Other Background Details:
• Education Details of Sitting MPs:
o 122 (24%) sitting MPs have declared their educational qualification to be between 5th pass and
12th pass.
o 375 (73%) sitting MPs have declared having an educational qualification of graduate or above.
o 1 Sitting MP has declared himself to be just literate.
o 1 Sitting MP has declared himself to be Illiterate.
o 15 Sitting MPs are Diploma Holders.
• Age Details of Sitting MPs: 189 (37%) Sitting MPs have declared their age to be between 25 to 50 years
while 325 (63%) Sitting MPs have declared their age to be between 51 to 85 years.
• Gender Details of Sitting MPs: 75 (15%) Sitting MPs are women while 439 (85%) Sitting MPs are men.
 Panchayati Raj and Local Bodies
PESA Act, 1996
Context:
• Recently, the Second PESA Regional Conference was inaugurated at Ranchi, Jharkhand. The
Conference was organized by the Ministry of Panchayati Raj.
Background:
• The Panchayats (Extension to Scheduled Areas) Act or the PESA Act was enacted in 1996 to:
o Extend the provisions of the Panchayat system to the Fifth Scheduled Areas.
o Ensure the self-governance of tribal communities.
o Protect their traditional rights and customs.
o Prevent their exploitation by outsiders as tribals have often been exploited for their land
resources.
o Address their historical marginalization.
o Promote sustainable development in the Scheduled Areas.
Analysis for Prelims:
• Provisions under PESA include:
o Gram Sabha at the para, majra and tola levels.
o Gram Sabha to protect the traditions, beliefs and culture of tribal communities.
o Local disputes to be resolved by the Gram Sabha.
o Gram Sabha to manage and protect common properties based on their traditional systems of
management and protection.
o The administration to seek permission from the Gram Sabha in case of land acquisition.
o Gram Sabha to have:
▪ The rights over minor forest produce; powers to restore land to the tribals; and control
over money-lending to tribals, tribal welfare activities by social organizations and local
plans and sub-plans for the development of tribal areas and communities.
▪ The control over local markets and melas.
▪ The rights to control the distillation, prohibition and manufacture of liquor.
o District panchayats to have rights and powers similar to the district panchayats falling under
Sixth Schedule.
Analysis for Mains:
• PESA is a landmark law that has the potential to empower tribal communities and to improve their
lives.
• However, the Act has not been implemented effectively in all states.
• There are a number of challenges that need to be addressed in order to ensure that the full potential of
the PESA Act is realized.
The challenges include:
• Lack of awareness among tribal communities about their rights under the Act.
• Lack of capability among the elected representatives to enforce the provisions of the Act.
• Although there is a scheme of Panchayat Development and Training (PD&T) sponsored by the Central
government, it needs further augmentation both in terms of funds and the training quality.
• Lack of capacity among Gram Sabhas to exercise their powers under the Act. In reality, PESA Gram
Sabhas remain subordinate to Gram Panchayats.
• Interference from state governments since administrative and fiscal empowerment still remains with
state governments. According to Ajay Dandekar and Chitrangada Choudhury most of the states have
enacted laws that provide the bulk of the powers to the Gram Panchayat, and not the Gram Sabha which
is in stark violation of Section 4(n) of the Act.
• Lack of resources for the implementation of the Act.
• Applicability only to those areas which are legally regarded as Scheduled Areas.
• Significant number of tribals live outside such scheduled areas.
Conclusion:
• Hence, it is important for the stakeholders to work together with the tribals as well as the Gram Sabha
to overcome these challenges to the implementation of the Act in order to realize its full potential.
Associated Additional Information:
Objective of the PESA Regional Conference:
• The main objective of the Conference is:
• To assess the progress made by the States in implementing the PESA Act.
• To develop a common vision on its impact at the grassroots level.
• To foster collaboration and discussions among participating States on enhancing the implementation of
the PESA Act for the sustainable development of tribal communities in Scheduled Areas.
 Constitutional and Non-Constitutional Bodies
Telecom Regulatory Authority of India (TRAI)
Context:
• The Telecommunications Act, 2023, had introduced the provision of setting up multiple regulatory
sandboxes.
• Recently, TRAI recommended to allow only Indian entities to participate in regulatory sandbox that
provide real-time but regulated access to networks and customer resources during product or
technology tests.
Background:
About regulatory sandbox (RS):
• According to Telecommunication Act 2023, a regulatory sandbox (RS) emphasises on testing of new
products, services, processes and business models in a live testing environment on a limited set of users
for a specified period of time after obtaining certain regulatory relaxations.
Analysis for Prelims:
About TRAI:
• TRAI is an independent statutory regulatory body established by the Telecom Regulatory Authority of
India Act, 1997, headquartered at New Delhi.
• The TRAI Act 1997, was enacted by the Central government under the powers conferred by Article
246(1) of the Constitution of India.
It has following functions:
• To make regulations on a variety of matters, including tariffs, interconnection, licensing, and quality of
service.
• To promote competition and efficiency in telecommunications sector.
• To make telecommunications services more affordable, accessible, and reliable for consumers.
• To ensure the orderly growth of the telecommunications sector.
• To conduct periodical surveys of services rendered in telecommunications sector.
• To makes recommendations regarding the need for introduction of new service provider etc.
It also has the power:
• To investigate complaints from consumers and service providers.
• To impose penalties on service providers for violating its regulations.
• To call upon any service provider to furnish information related to its affairs.
• To direct officers to inspect the accounts or any documents of any service provider.
Specific examples of TRAI's work:
• It introduced mobile number portability (MNP) in 2009 which allows mobile phone users to retain their
mobile number even if they switch to a different network.
• It has issued several regulations to reduce tariffs for telecommunications services.
• It has played a key role in promoting new technologies in telecommunications sector such as rollout of
4G and 5G services in India.

National Human Rights Commission

Context:
• The National Human Rights Commission, NHRC India recently organized the Statutory Full
Commission meeting of all the National Commissions, whose chairpersons are its ex-officio members.
• The objective of the meeting was to discuss the issue of ensuring the protection of the rights of the
vulnerable and marginalized sections and share best practices and annual action plans in this regard.
Background and Analysis for Prelims:
About National Human Rights Commission:
• The National Human Rights Commission is a statutory body and an embodiment of India’s concern for
the promotion and protection of human rights.
• It was established in 1993 under the Protection of Human Rights Act, 1991 as amended by the Protection
of Human Rights (Amendment) Act, 2006.
• It aims to protect rights related to life, liberty, equality, and dignity of individuals as guaranteed by the
Indian Constitution or international covenants enforceable by Indian courts.
• It functions in conformity with the Paris Principles, adopted at the first international workshop on
national institutions for the promotion and protection of human rights held in Paris in October 1991,
and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December,
1993.
Composition:
• After the amendment to Protection of Human Rights Act in 2019, NHRC comprises of a chairman, five
full-time members and seven deemed members.
• The chairperson must be a former Chief Justice of the Supreme Court or a Supreme Court Judge.
• The other members should be:
o One Member who is, or has been, a Judge of the Supreme Court of India.
o One Member who is, or has been, the Chief Justice of a High Court.
o Three Members to be appointed from among persons having knowledge of, or practical
experience in, matters related to human rights. Of these three members, at least one will be a
woman.
• The Term for both the Chairperson and Members is Three years or till the age of Seventy years.
 • Apart from these members, the Chairpersons of National Commission for Minorities, National
Commission for SCs, National Commission for STs, National Commission for Backward Classes,
National Commission for Protection of Child Rights (at present Special Invitee to Statutory Full
Commission), National Commission for Women and Chief Commissioner for Persons with Disabilities
serve as ex officio members.
Analysis for Mains:
The National Human Rights Commission (NHRC) of India, while crucial for safeguarding human rights, faces
some shortcomings in its functioning. Key limitations include:
• Non-Binding Recommendations: The NHRC's recommendations on human rights violations lack
enforcement power. While they can influence authorities, compliance is not mandatory. This can be
seen as a "toothless tiger" situation.
• Limited Jurisdiction: The NHRC's authority doesn't extend to violations by private entities or the
armed forces (except in certain situations). This leaves a gap in human rights protection.
• Inability to Punish Violators: The NHRC lacks the authority to punish violators. It cannot directly
impose penalties on the perpetrators of human rights or award relief to victims.
• Resource Constraints: The NHRC often struggles with limited resources, leading to a backlog of cases
and hindering its ability to investigate complaints effectively.
• Time Limitations: The NHRC cannot consider human rights violations reported after a year, potentially
leaving some cases unaddressed.
• Transparency Concerns: The recruitment process for NHRC members can be opaque, raising questions
about the selection criteria and potential lack of expertise in some appointments.
• These shortcomings can create hurdles in ensuring swift and effective action on human rights
violations. Hence, some changes are sine-qua-non.
Way forward to address the shortcomings in the functioning of the NHRC:
• Enhancing Enforcement Mechanisms: Explore options to make NHRC recommendations more
impactful. This could involve:
o Granting the NHRC the power to impose fines or penalties for non-compliance with its
recommendations.
o Strengthening linkages between the NHRC and the judiciary to ensure swifter follow-up on
recommendations.
• Expanding Jurisdiction: Consider broadening the NHRC's authority to investigate human rights
violations by:
o Including violations committed by private entities.
o Loosening restrictions on investigating the armed forces, with robust safeguards to prevent
misuse.
• Strengthening Resources: Increase budgetary allocations for the NHRC to:
o Enhance its capacity for efficient investigation and case handling.
o Hire qualified personnel and improve infrastructure.
 • Extending Time Limits: Consider extending the time limit for filing complaints with the NHRC to
allow for investigation of a wider range of cases.
• Ensuring Transparency: Introduce a more transparent selection process for NHRC members:
o Establish clear criteria for appointment.
o Consider involving independent bodies in the selection process.
• Additionally:
o Raising Public Awareness: Public awareness campaigns can educate citizens about their rights
and the NHRC's role in protecting them. This can empower people to file complaints and hold
authorities accountable.
o Collaboration with NGOs: Collaboration with credible NGOs can strengthen the NHRC's reach
and investigative capabilities.
o Focus on Preventive Measures: The NHRC can play a more proactive role by promoting human
rights education and training for government officials and law enforcement personnel. This can
help prevent violations from occurring in the first place.
• By implementing these measures, the NHRC can be strengthened to become a more effective guardian
of human rights in India.
Mains PYQ :
• Question: Though the Human Rights Commissions have contributed immensely to the protection of
human rights in India, yet they have failed to assert themselves against the mighty and powerful.
Analysing their structural and practical limitations, suggest remedial measures. (UPSC Mains 2021)
• Question: Multiplicity of various commissions for the vulnerable sections of the society leads to
problems of overlapping jurisdiction and duplication of functions, is it better to merge all commissions
into an umbrella Human Rights Commission? Argue your case. (UPSC Mains 2018)