CONTENTS

CITIZENSHIP 3
1. Citizenship 3

AMENDMENT OF THE CONSTITUTION 5

1. Basic Structure Doctrine 5

RIGHTS ISSUE 6
1. Reservation 6
2. Uniform Civil Code 7
3. Right to Silence 9
4. Right to Walk 10
5. President's and Governor's address 10

FEDERALISM 13
1. Seventh Schedule 13
2. Inter-State Border Disputes 14
3. Inter-State River water dispute 15
4. Governor 16
5. Special Category Status (SCS) 18
6. Local Governance in India 19
7. RBI's report on Panchayats 21
8. Panchayat Development Index 22
9. GS NIRNAY 23
10. Gram Manchitra 23

PARLIAMENT 24
1. Commonwealth Parliamentary Association 24
2. Anti-Defection Law 25
3. Rule 267 of the Rajya Sabha 26
4. Ethics Committee of the Parliament 26
5. Delimitation 27
6. Suspension of Member of Parliament 28
7. Elections in India 28
8. Section 102 of RPA Provides for draw of lots in case of Tie in elections. 31
9. Technological innovations of Election Commission of India 31
10. Rule of Law Index 31
11. Press Freedom Index 34
12. Grievance Redressal Assessment Index (GRAI) 35
13. Nyaya Vikas Portal 36
14. Parliamentary Privileges 37
15. No-Confidence Motion 38
16. Directorate of Enforcement 39
17. AMPLIFI 2.0 Portal 39

JUDICIARY 40
1. Appointment 40
2. Article 142 40
3. e SCR 41
4. Judicial Majoritarianism 42
5. Bar Council of India 43
6. Tribunals 43
7. Subordinate Judiciary 44
8. Central Administrative Tribunals 44
9. Justice Clocks 45
10. Live Streaming of Higher Judiciary hearings 45
11. Tenure and age of retirement of Judges 46
12. Transfer of High Court Judges 46
13. India Justice Report 46

MISCELLANEOUS 48
1. MeitY amends IT rules, 2009 48
2. Criminal Law Reforms 50
3. Bharatiya Nyaya Sanhita 51
4. Bharatiya Nagarik Suraksha Sanhita 51
5. Bharatiya Sakshya Adhiniyam 52
6. The Criminal Procedure (Identification) Act, 2022 52
7. Press and Registration of Periodicals Act 2023 53
8. Places of Worship act 54
9. Multi state co-operatives Societies (Amendment act), 2023 54
10. Registration of Birth and Death (Amendment) Act, 2023 55
11. INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS) RULES, 2021 56
12. Information Technology (Intermediary Guidelines and Digital Media Ethics code) Amendment rules,
2023 56
13. Jan Vishwas Act 57
14. LOKPAL 57
15. Salient features of Post Office Act, 2023 58
16. 106th Constitutional Amendment 58
17. Electoral Trust scheme 58
 1
Chapter CITIZENSHIP
1. CITIZENSHIP
• Constitution - Article 5 to 11 under Part II.
• Article 11 provides Parliament the power to regulate the citizenship rights in India.
• Ways of acquiring and losing Citizenship in India as per the Citizenship Act, 1955:

• Note: The Assam Accord (tripartite accord between the Union government, State Government of Assam and the
leaders of Assam movement in 1985) inserted Section 6A in the Citizenship Act,1955.
• Citizenship Amendment Act:
o CAA changes the definition of “illegal migrant” as Any person belonging to Hindu, Sikh, Buddhist, Jain,
Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan, shall not be treated as
illegal migrant for the purposes of this Act. If:
o They entered into India on or before the 31st day of December 2014.

o They have been exempted by Central Government under

o Passport (Entry into India) Act, 1920

 o From the application of the provisions of the Foreigners Act, 1946 or any rule or order made under the
Foreigners Act, 1946,
o Citizenship granted through Naturalization with reduced period of residency from “not less than 11 years”
to “not less than 5 years.”
o Exemption: The provisions of CAA shall not apply to tribal area of Assam, Meghalaya, Mizoram or
Tripura as included in the Sixth Schedule to Constitution and the area covered under "The Inner Line"
notified under Bengal Eastern Frontier Regulation, 1873.
o The Central government may cancel the registration of overseas citizen of India if such a person has violated
any of the provisions of CAA or any other law for time being in force as may be specified by the Central
Government.
o Note: System of ILP is applicable in Arunachal Pradesh, Nagaland, Manipur and Mizoram.

NATIONAL POPULATION REGISTER (NPR) NATIONAL REGISTER OF CITIZENS (NRC)

All people staying in India 6 months and above and Indian born or Indian parents or staying in India for 11
who intends to reside for 6 months or more including years are eligible for Indian Citizenship
foreigners

Prepared with Census 2011 and was updated in 2015. First prepared during 1951 census and itis not
The next update is scheduled during the next census updated regularly. Assam is the only state in the
from April 1, 2020 and September 30, 2020. Only country where the NRC is updated
Assam would not participate in this activity

NPR is not a citizenship enumeration drive as it NRC is a citizenship enumeration drive as it includes
includes foreigners as well Indian citizens only

It is compulsory for all Indian residents to register with NRC is a subset of NPR where only the citizens of
the NPR. The main purpose of the NPR is to identify Indian are taken into account
illegal migrants and identify them as foreign nationals.
 2
AMENDMENT OF THE
Chapter CONSTITUTION
1. BASIC STRUCTURE DOCTRINE
• The basic structure doctrine states that there are certain fundamental features of the constitution that
cannot be amended by the Parliament. It was laid down by Parliament in Kesavananda Bharati case in 1973.
This landmark Judgement completed 50 years.
• Chronology of BSD:
 3
Chapter RIGHTS ISSUE

1. RESERVATION
A 5-Judge Bench of the Supreme Court upheld the validity of the 103rd Constitutional Amendment Act (Janhit
Abhiyan v. Union of India). The Act introduced 10% reservation for the Economically Weaker Sections (EWS) in
education and public employment. The Act was challenged before the Supreme Court as violative of the
Constitution of India. The Supreme Court, through a 3:2 verdict, has upheld its validity.

RESERVATION IN INDIA

• The 103rd Constitutional Amendment provided for the reservation to Economically Weaker Sections under
by inserting Article 15(6) and 16(6).

• The 77th amendment in 1995 provided for reservation in promotion of any services under the state for
SC/STs.

• Reservations for the persons with benchmark disabilities are made mandatory through Persons with
Disabilities Act, 2016.
JUDICIAL TAKE ON RESERVATION

• In the case of Mukesh Kumar vs State of Uttarakhand in accordance with Articles 16(4) and 16(4A) of the
Constitution, the Supreme Court has decided that there is no fundamental right to have a reservation in
“appointments and promotions” in public services. Article 16(4) and 16(4A) are merely enabling in
nature.

Note: Census is a part of Union list. So, caste census can only be conducted by the Union government. That is why
in States like Bihar conducted caste survey and not caste census.

2. UNIFORM CIVIL CODE

The Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill, becoming the first legislature in independent
India to pass a law that proposes common rules on marriage, divorce, inheritance of property, and live-in
relationships for all citizens, irrespective of their religion.

WHAT IS UNIFORM CIVIL CODE (UCC)?

• The Uniform Civil Code refers to codification of personal laws of various communities which apply on all
citizens equally regardless of their religion, caste, community etc.. Currently, personal laws of various
communities are governed by their religious scriptures.

• Article 44 of the constitution of India provides for enabling provision of Uniform Civil Code in India.
UTTARAKHAND'S UNIFORM CIVIL CODE
The state of Uttarakhand has enacted the UCC under the legislative powers of concurrent list having subjects of
marriage, adoption and succession.

SALIENT FEATURES OF UCC OF UTTARAKHAND

• The law encompasses common provisions for marriage, divorce, inheritance, live-in-relationship, etc. for
citizens of all communities. NOTE: the schedule tribes have been excluded from the provision’s applicability.

• Marriage and Divorce:

o Common age of marriage for all communities

o Bigamy and polygamy have been banned.

o provides for right to remarry following a divorce. So, it indirectly bans certain marriage practices like Iddat
and Nikah Halala. Forceful adherence to these activities has been criminalized.

o It also provides for gender equality in matters of divorce.

o In case of divorce or domestic dispute, the custody of a child up to 5 years of age will remain with the
mother.

• Inheritance and Succession

o majorly influenced by Indian Succession Act, 1925

o It now allows the Muslim communities to transfer any amount of property according to their will and not
just one-third as currently followed under their religious texts.

o No difference between ancestral property and self-acquired property for intestate succession for Hindus.

Note: Intestate succession – succession in the absence of a will]

o Testamentary succession – succession through a will

o It defines a list of class of heirs to the property and its inheritance.

 CLASS-1 HEIRS CLASS-2 HEIRS OTHERS

Children, widow, parents, etc. Siblings, nieces, nephews, anyone most closely related to the deceased
grandparents, etc. person

o The law also elevates both mother and father as class-1 heir in case of intestate succession, which till now
included only the mother.

o The law also sets equal property rights for sons and daughters across all classes.

o It also contains provision for disqualification from inheritance in cases of murder or remarriage before
the death of the person.

o Note: disease or deformity of an heir is not a ground for disqualification.

o Note: adopted children, illegitimate children, children born through surrogacy and children born through
assisted reproductive technology are also considered to be biological children.

• Live-in relationship
o It defines the live-in relationship explicitly.

o It makes the registration of live-in relationship mandatory, failing which can lead to a jail term of up to three
months.

o The termination of relationship also requires the couple to notify to the authority, failure of which can be
penalized.

o It also provides the woman with right to claim maintenance when deserted by their partner.

o This provision is applicable to all those living in Uttarakhand as well as residents of Uttarakhand living
elsewhere in India.

3. RIGHT TO SILENCE
The Supreme Court opined that all accused have a right to silence and investigators cannot force them to
speak up or admit guilt, emphasising that the Constitution accords every person a right against self-incrimination.

WHAT IS RIGHT TO SILENCE?

JUDICIAL CASES RELATED TO RIGHT TO SILENCE

4. RIGHT TO WALK
Punjab enforced the Right to Walk, as per Article 21 of the Indian constitution, following a 2010 petition filed in
the Punjab and Haryana High Court demanding safety for pedestrians on state roads.

WHAT DOES RIGHT TO WALK MEAN?

• The right to walk entails that in future all expansions of existing roads and construction of new roads, a
mandatory provision of cycle tracks and footpaths should be made by all road owning departments and
agencies.

5. PRESIDENT'S AND GOVERNOR'S ADDRESS

Tamil Nadu Governor recently walked out of the state legislative assembly without reading out the customary
address.
ORDINANCES
• Constitutional Provision
• Judicial Cases:
 4
Chapter FEDERALISM
1. SEVENTH SCHEDULE
15th Finance Commission Chairman N K Singh underlined the need for revisiting the Seventh Schedule of the
Constitution, which specifies allocation of powers between the Centre and states, in view of changes in technology
and national priorities.

ORIGIN
• The seventh schedule of the Indian Constitution containing distribution of legislative subjects between and
Union and State government into Union list, State list and Concurrent list is derived from the Government
of India Act, 1935.

CONSTITUTIONAL PROVISION

POWER OF PARLIAMENT TO LEGISLATE ON STATE LIST

• Note: Article 248 provides Residuary powers of legislation exclusively to Parliament of India i.e.
to make any law with respect to any matter not enumerated in the Concurrent List or State List and such power
also includes the power of making any law imposing a tax not mentioned in either of those Lists.

SOME PROMINENT PROVISIONS IN THE THREE LIST

2. INTER-STATE BORDER DISPUTES

The Union Home Ministry (MHA) has informed the Lok Sabha that 11 States and one Union Territory have
boundary disputes between them and “occasional protests and incidents of violence are reported from some of
the disputed border areas”.

LIST OF ONGOING INTER-STATE BORDER DISPUTES

CONSTITUTIONAL PROVISIONS TO DEAL WITH INTER-STATE BORDER DISPUTES

3. INTER-STATE RIVER WATER DISPUTE

CONSTITUTIONAL PROVISION
• Article 262 of the Indian Constitution provides Parliament with the power to resolve river water disputes
between States. Also, Parliament may by law, enacted under article 262, provide that neither the Supreme
Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.
• Note: The Supreme Court adjudicates on river water disputes based on power derived from Article 136
(Power of Special Leave).

LIST OF INTER-STATE RIVER WATER DISPUTES IN INDIA

• Mahanadi Dispute- Odisha and Chhattisgarh, 2017
• Mulla Periyar Dam issue-Tamil Nadu and Kerala.

INTER-STATE RIVER WATER DISPUTE ACT, 1956

4. GOVERNOR
CONSTITUTIONAL PROVISION
CONSTITUTIONAL QUALIFICATION FOR APPOINTMENT AS A GOVERNOR
• S/he should be a Citizen of India.
• S/he should have completed the age of 35 years.

DISPUTE REGARDING GOVERNOR'S POWERS

• Report under Article 356:
o Governor reports to the President of India regarding the breakdown of Constitutional machinery in the
state and imposition of President rule in the state
o Sarkaria commission - It must be "speaking document" and must include corroborating evidence.

o SR Bommai Guidelines.

• Dismissal of Chief Minister:

o SC in SR Bommai vs UoI.

o Floor test first is a must.

o No dissolution of the government if it enjoys majority.

o Judicial review to check mala fide intent.

• Customary Address
o 2017: Tripura governor Tathagat Roy

o 2018: Kerala Governor P Santhanam omitted parts

o 2023: R. N. Ravi, the governor of Tamil Nadu, altered the prepared speech.

o Article 176: Governor’s obligation to read out.

• Reservation of the Bills: When a bill is sent to the governor after it is passed by state legislature, s/he
can:
(a) Give his assent to the bill, or
(b) Withhold his assent to the bill, or
(c) Return the bill (if it is not a money bill) for reconsideration of the state legislature.
However, if the bill is passed again by the state legislature with or without amendments, the governor has
to give his assent to the bill, or
(d) Reserve the bill for the consideration of the president. In one case such reservation is obligatory, that is,
where the bill passed by the state legislature endangers the position of the state high court.
In addition, the governor can also reserve the bill if it is of the following nature:
(i) Ultra-vires, that is, against the provisions of the Constitution.
(ii) Opposed to the Directive Principles of State Policy.
(iii) Against the larger interest of the country.
(iv) Of grave national importance.
(v) Dealing with compulsory acquisition of property under Article 31A of the Constitution.
o Punchhi commission- Time limit necessary for governor to decide assent/reserve bill for the President
(within six months).
• Discretionary Power:
o Article 163- Governor to act on the aid and advise of the Council of Ministers in the exercise of his functions,
except in so far as he is required to act in his discretion.
o Punchhi Commission: Exercise of the discretionary power must be dictated by reason, activated by good
faith, tempered by caution".
• Governor as the Chancellor of Universities in State:
 o This position of Governor is statutory in nature and can be changed through State government laws. States
like West Bengal, Kerala, Tamil Nadu have passed bills to replace Governor with Chief Minister as the
Chancellor of State Universities.

5. SPECIAL CATEGORY STATUS (SCS)

Bihar State Cabinet has passed a resolution demanding special category status for Bihar. Similar demands have
been made by the State of Odisha and Andhra Pradesh.

WHAT IS SPECIAL CATEGORY STATUS?

• It is a classification granted by the Centre to assist the development of States that face geographical or socio-
economic disadvantages.
• The SCS was introduced in 1969 on the recommendation of the fifth Finance Commission (FC).

WHICH STATES HAVE IT?

• In 1969, three States — Jammu
& Kashmir, Assam and
Nagaland — were granted the
SCS. Subsequently, eight more
States including Arunachal
Pradesh, Manipur, Meghalaya,
Mizoram, Sikkim, Tripura,
Himachal Pradesh, and
Uttarakhand were given the
SCS by the erstwhile National
Development Council.
• 14th Finance Commission
report made a
recommendation to the Centre
that no State be accorded
the special category status now.

BENEFITS OF SCS
WHAT IS THE DIFFERENCE BETWEEN SPECIAL CATEGORY STATUS AND SPECIAL STATUS?
• The Special Status to States have been provided by the Constitution itself (Article 371 to 371J). But, the
special category status is an executive mechanism, started to be given in 1969 by the National

Development Council.

• Also, the Special status to States continues to exist even today and can be granted to other States by amending
the constitution. But, Special category status to States is not granted to any more states now based on the

recommendations of 14th Finance Commission.

6. LOCAL GOVERNANCE IN INDIA

CONSTITUTIONAL STATUS TO LOCAL BODIES IN INDIA

COMMITTEES RELATED TO THE PANCHAYATS

• Balwant Rai Mehta committee: 1957-proposed 3-tier Panchayati Raj system.

• Ashok Mehta committee: 1977- proposed 2-tier Panchayati Raj system.

• GVK Rao committee: 1985-proposed a post of District Development Commissioner.

• LM Singhvi committee: 1986- proposed constitutional recognition to Panchayats.

• Thungon committee: 1988-proposed constitutional recognition to Panchayats.

• Gadgil committee: 1988-proposed constitutional recognition to Panchayats. This committee's

recommendations became the basis for 73rd and 74th amendment.

IMPORTANT CONSTITUTIONAL PROVISIONS RELATED TO PANCHAYATS

IMPORTANT CONSTITUTIONAL PROVISIONS RELATED TO MUNICIPALITIES

• District Planning Committee- four-fifth members should be elected by the elected members of district
panchayat and municipalities in the district.

• Metropolitan Planning Committee- two-third members elected by the elected members of the Municipalities
and Chairpersons of the Panchayats in the metropolitan area.

TYPES OF URBAN AUTHORITIES

Note: The central Council of Local Government has been constituted under Article 263 of the Indian

Constitution. It deals with the matters of Urban Local government only. The Union Minister for Urban Affairs

acts as its chairperson.

7. RBI'S REPORT ON PANCHAYATS

• Finances of Panchayati Raj Institutions.
o Grants-in-aid accounts for a total of 95% of the revenue receipts of the panchayats.

o Central finance commission grants to PRIs have consistently increased since its creation.

o tax portion of revenue just 1.1% of total revenue whereas non-tax is 3.3%.

o Investment in capital projects was 29.6% of the total expenditure of Panchayats in 2022-23.
8. PANCHAYAT DEVELOPMENT INDEX
• The Panchayat Development Index (PDI) is a Multi-domain and multi-sectoral index that is intended to be used
to assess the overall holistic development, performance & progress of panchayats.

GOALS OF PDI

• Panchayat Development Index would play a significant role for performance evaluation and progress
assessment in achieving the LSDGs in rural area.
• The index typically considers factors such as

9. GS NIRNAY
• National Initiative for Rural India to Navigate, Innovate and Resolve Panchayat Decisions.
• Mobile application developed by the Ministry of Panchayati Raj.
• To record and document the proceedings of the Gram Sabha.
• Will improve the decision-making quality of Panchayats.

10. GRAM MANCHITRA

• In order to encourage the Spatial Planning by the Gram Panchayat, Ministry of Panchayati Raj has launched
the Geographic Information System (GIS) application “Gram Manchitra".
• This application facilitates and supports Gram Panchayats to perform planning at Gram Panchayat level using
geo-spatial technology.
• It provides a single/ unified Geo Spatial platform to better visualize the various developmental works to be taken
up across the different sectors and provide a decision support system for Gram Panchayat Development
Plan (GPDP).
• Geo-tagging of the assets is done in all three stages viz. (i) before start of the work, (ii) during the work and
(iii) on completion of work.
 5
Chapter PARLIAMENT
1. COMMONWEALTH PARLIAMENTARY ASSOCIATION
Lok Sabha Speaker Om Birla inaugurates 19TH ANNUAL ZONE III CONFERENCE OF Commonwealth Parliamentary
Association INDIA Region at Gangtok.

COMMONWEALTH PARLIAMENTARY ASSOCIATION

• Membership:
HOW IS CPA ORGANIZED

• General Assembly is the ultimate authority of CPA.

• The Executive Committee usually meets twice a year.
• Headquartered in London, UK.

2. ANTI-DEFECTION LAW
In the recent times, increased cases of defection have again brought forth the debate regarding the efficacy of the
anti-defection law in India.

CONSTITUTIONAL PROVISIONS OF ANTI-DEFECTION LAW

• Added tenth schedule to the Constitution of India.

• Any question regarding disqualification arising out of defection is to be decided by the Presiding Officer of
the House. This decision of Presiding Officer is subject to the judicial review (Kihoto Hollohan case).
• The Presiding Officer of a House is to make rules to give effect to the provisions of the Tenth Schedule.
According to the rules made so, the Presiding Officer can take up a defection case only when he receives
a complaint from a member of the House.
• A member is given a chance to submit his explanation and argument before being disqualified. So,
defection does not have an immediate and automatic effect.
• Cases of defection are referred to Committee of Privileges for further inquiry.

WHIP SYSTEM
• A whip is a written order that party members be present for an important vote, or that they vote only in a
particular way. It can also refer to a designated official authorised by a party to issue a whip.
• The office of whip is neither mentioned in the Constitution nor in the rules of the house.
• The office of whip is appointed by the political party and not the legislature party.
o Note: The three types of whips are based on Parliamentary convention and not according to any written
set of rules.
• Every party has a whip in the House/legislature and there can be more than one whip of a party categorised
as whip and chief whip.

3. RULE 267 OF THE RAJYA SABHA

Rule 267 of the Rajya Sabha rulebook has become a bone of contention in the Upper House. Not a single notice
under the rule moved by the Opposition has been accepted in the Winter Session of 2023.

WHAT DOES RULE 267 OF THE RAJYA SABHA?

• The Rajya Sabha rule book defines “Rule 267” under “suspension of rules” as an instance where “any Member,
may, with the consent of the Chairman, move that any rule may be suspended in its application to a motion
related to the business listed before the council of that day and if the motion is carried, the rule in question
shall be suspended for the time-being.”
• In short, the rule allows for suspension of day’s business to debate the issue suggested by a member.
• This rule shall not apply where specific provision already exists for suspension of a rule under a particular
chapter of the Rules.
• NOTE: Rule 176 of the Rajya Sabha states that any member desirous of raising discussion on a matter of urgent
public importance may give notice in writing to the Secretary-General specifying clearly and precisely the matter
to be raised. The notice shall be accompanied by an explanatory note stating reasons for raising discussion
on the matter in question. The notice shall be supported by the signatures of at least two other members.

4. ETHICS COMMITTEE OF THE PARLIAMENT

The Trinamool Congress MP Mahua Moitra was expelled from the Lok Sabha after an Ethics Committee report
recommended her expulsion from the Parliament.

ETHICS COMMITTEE
• Set up in Rajya Sabha in 1997 and in Lok Sabha in the year 2000. In Lok Sabha, it was an adhoc committee till
2015.
• Rajya Sabha- Consists of ten members, including its chairman, who are nominated by the Chairman of Rajya
Sabha for a maximum duration of one year. Chairman of the Committee is from the largest party in the House.
• Lok Sabha- maximum 15 members, nominated by the speaker for a maximum duration of one year.
• Any person can complain against a Member through another MP, along with evidence of the alleged
misconduct, and an affidavit stating that the complaint is not “false, frivolous, or vexatious”. If the Member
himself complains, the affidavit is not needed.
• The Committee does not entertain complaints based only on media reports or on matters that are sub
judice. The Committee makes a prima facie inquiry before deciding to examine a complaint. It makes its
recommendations after evaluating the complaint.
• The Committee presents its report to the Speaker. There is also a provision for a half-hour discussion on
the report.
• The work of the Ethics Committee and the Privileges Committee often overlap. An allegation of corruption
against an MP can be sent to either body, but usually more serious accusations go to the Privileges Committee.
• The Privilege Committee can take up both cases i.e. involving breach of privilege by a MP or a non-MP. But the
Ethics Committee can take up only cases of misconduct that involve MPs.
• The committee can provide advice to members on matters involving ethical standards either Suo motu or on
receiving specific request.

5. DELIMITATION
The recent announcement made by the Prime Minister of India during the inauguration of the new Parliament
building highlighted a plan to expand the representation in Lok Sabha by increasing the number of seats and
Members of Parliament (MPs).

WHAT IS DELIMITATION?
• Delimitation refers to the process of redrawing the boundaries of constituencies or electoral areas. This
process is carried out periodically to ensure that each constituency has a roughly equal number of voters,
based on the principle of “one vote, one value.”
• After each census, a readjustment is to made in (a) allocation of seats in the Lok Sabha to the States, and (b)
division of each state into territorial constituencies. Such an exercise was carried out after 1951, 1961 and 1971
census.
• Parliament is empowered to determine the authority and the manner in which it is to be made.
• Delimitation is necessary because population distribution changes over time, with some areas experiencing
significant growth while others may decline. This can result in a situation where certain constituencies have a
much larger or smaller number of voters compared to others, leading to an imbalance in representation.

ABOUT DELIMITATION COMMISSION

• Delimitation Commission is appointed by the President of India.
• Composition: Chief Election Commissioner, Retired Judge of Supreme Court and Election Commissioner of the
concerned State.
• Orders of Delimitation Commission cannot be called in question before any court of law.
• The copies of its orders are laid before the House of People and State Legislative Assembly concerned, but no
modifications are permissible therein by them.
• Representation of People's Act, 1950 provides for the delimitation of constituencies.

CONSTITUTIONAL PROVISIONS FOR DELIMITATION

Article 82 and 170 of the Indian constitution provides for the delimitation exercise at the level of Lok Sabha and
State legislative assembly respectively.
6. SUSPENSION OF MEMBER OF PARLIAMENT
Recently more than 140 MPs were suspended from the Parliament.

SUSPENSION OF MPS
Rules of Procedure and Conduct of Business of Lok Sabha –
• Rule 373: Rules the Speaker can direct a member to withdraw immediately from the House if he finds the
member's conduct disorderly.
o Members so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the
day’s sitting.
• Rule 374: The Speaker can name a member who disregards the authority of the Chair or abuses the rules of
the House by persistently and wilfully obstructing the business thereof.
o And the member so named will be suspended from the House for a period not exceeding the remainder
of the session. The remainder of the session means day parliament session gets prorogued by the
order of President of India and not as the last sitting of the house.
o A member suspended under this rule shall forthwith withdraw from the precincts of the House.”

• Rule 374A: Rule 374A was incorporated in the Rule Book in December 2001.
o In case of gross violation or severe charges, on being named by the Speaker, the member stands
automatically suspended from the service of the House for five consecutive sittings or the remainder of the
session, whichever is less. So, the Lok Sabha speaker has automatic powers of suspension.
Rules of Procedure and Conduct of Business of Rajya Sabha:
• Rule 255:
o The Chairman of Rajya Sabha is empowered under Rule 255 of its Rule Book to “direct any Member whose
conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
• Rule 256:
o Under this rule, the Chairman may “name a Member who disregards the authority of the
Chair or abuses the rules of the Council by persistently and wilfully obstructing” business.
o In such a situation, the House may adopt a motion suspending the Member from the service of the House
for a period not exceeding the remainder of the session.
o Note: Rajya Sabha chairperson does not have the power to automatically suspend any member of the
House.
o Note: Godey Murahari (Rajya Sabha MP) was the first Member of Parliament to be suspended in India from
the House in 1962.
o Note: Ashish Shelar vs Maharashtra Legislative Assembly case is related to suspension proceedings and rules
of the legislature.

7. ELECTIONS IN INDIA
• Election Commission of India (ECI):
o Article 324 of the Constitution provides for the establishment of ECI for conduct of all elections to Parliament
and to the Legislature of every State and of elections to the offices of President and Vice-President held under
this Constitution.
o Composition: Consist of the Chief Election Commissioner and such number of other Election Commissioners
as the President may from time-to-time fix.
o Appointment: The Chief Election Commissioner, Election Commissioner and Regional Commissioners for
election shall be appointed by the President of India.
o Tenure: Conditions of service and tenure of office of the Election Commissioners and the Regional
Commissioners is determined by the President of India, subject to the provisions of any law made by
Parliament.
 o Removal: Chief Election Commissioner can be removed from his office in the manner and on the grounds
as a Judge of the Supreme Court. Other Election Commissioner or a Regional Commissioner can be
removed on the recommendation of the Chief Election Commissioner.
o the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his
appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not
be removed from office except on the recommendation of the Chief Election Commissioner.

OTHER IMPORTANT PROVISIONS OF THE CEC AND OTHER EC ACT, 2023

• Note: The act has repealed the Election Commission (Conditions of Service of Election Commissioners
and Transaction of Business) Act, 1991.

• State Election Commission:

o Article 243K provides for establishment of State Election Commission consisting of State Election
Commissioner.

o The conditions of service and tenure of office of the State Election Commissioner shall be determined by
the Governor.

o Appointment: State Election Commissioner is appointed by the Governor of the State.

o The superintendence, direction and control of the preparation of electoral rolls and the conduct of
elections to the Panchayats and municipalities is vested in State Election Commission.

o Removal: State Election Commissioner shall not be removed from his office in the same manner and ground
as a Judge of a High Court.

o The conditions of service of the State Election Commissioner shall not be varied to his disadvantage
after his appointment.

• Name, Symbols and Party Recognition:

o Election Symbols (Reservation and Allotment) Order, 1968 provides for allotment of symbols to parties
and the recognition of political parties as the National and State parties.
 National Party State Party

If a party secures six percent of valid votes polled in If it secures six per cent of the valid votes polled in the
four or more states at a general election to the Lok state at a general election to the legislative assembly
Sabha or to the state legislative assembly and in of the state concerned; and, in addition, it wins 2 seats
addition, it wins four seats in the Lok Sabha from any in the assembly of the state concerned.
state or states.

If the party wins two percent of seats in the Lok Sabha If it secures six per cent of the valid votes polled in the
at a general election and these candidates are elected state at a general election to the Lok Sabha from the
from at least three states. state concerned; and, in addition, it wins 1 seat in the
Lok Sabha from the state concerned.

If a party is recognised as a state party in four or more If it wins three per cent of seats in the legislative
states. assembly at a general election to the legislative
assembly of the state concerned or 3 seats in the
assembly, whichever is more.

If it wins 1 seat in the Lok Sabha for every 25 seats or

any fraction thereof allotted to the state at a general
election to the Lok Sabha from the state concerned.

If it secures eight per cent of the total valid votes polled

in the state at a General Election to the Lok Sabha from
the state or to the legislative assembly of the state.
This condition was added in 2011.

Allotment of name and symbols to the party:

• There are two kinds of symbols- Free and Reserved.

• The Reserved symbols are of recognised parties- National and State parties.
• The free symbols are chosen by the candidates of unrecognised parties or independent candidates.
• A symbol reserved for a State Party in any State –
(a) shall not be included in the list of free symbols for any other State or Union Territory; and

(b) shall not be reserved for any other party which subsequently becomes eligible as a State or National party.

• If any free symbol has been chosen by only one candidate at such election, the returning. officer shall allot that
symbol to that candidate, and to no one else.

• If the same free symbol has been chosen by several candidates at such election, then it shall be allotted to
candidate set up by an unrecognised political party if all the rest are independent candidates.

Power of Commission in relation to splinter groups or rival sections of a recognised.

• Political Party: The ECI may rule that one such rival section or group or none of such rival sections or
groups is that recognised political party and the decision of the Commission shall be binding on all such
rival sections or groups.

• The ECI has the power to suspend or withdraw recognition of a recognised political party for its failure to
observe Model Code of Conduct or follow lawful directions and instructions of the Commission.

• Note: Currently, the migrant workers become ineligible to vote in the place of their work as a person can be
registered in the electoral roll of only one constituency. In this regard, the ECI has put forward a proposal to
 introduce remote voting system for migrant workers. But final guidelines from the side of ECI are still
awaited.

8. SECTION 102 OF RPA PROVIDES FOR DRAW OF LOTS IN

CASE OF TIE IN ELECTIONS.
In the recently held Rajya Sabha elections in Himachal Pradesh, draw of lots was used for the first time in India to
elect a winner for Rajya Sabha seat.

Relevant provision: Section 102 of RPA 1951 states procedure in case of an equality of votes.

• If during the trial of an election petition it appears that there is an equality of votes between any candidates at
the election and that the addition of a vote would entitle any of those candidates—

(a) any decision made by the returning officer under the provisions of this Act shall be effective for the
purposes of the petition

(b) if the question is not determined by such a decision the High court shall decide between them by lot and
proceed as if the one on whom the lot then falls had received an additional vote.

OTHER INSTANCES
• In 2019, draw of lots was used to settle “tied” elections in case of local bodies in Rajasthan.
• Brihanmumbai Municipal Corporation elections 2017 used draw of lots to settle the dispute with respect to
returned candidate.

SIGNIFICANT JUDICIAL OBSERVATIONS

• Arikala Narasa Reddy v. Venkata Ram Reddy: Supreme Court weighted in favor of “draw of lots” in case two
candidates may have received equal number of votes by virtue of Section 102 of RPA 1951.

• Madras High Court in a 2020 judgement provided for draw of lots in case of tie in the matter relating to election
of President and Vice- President to Panchayat Unions. Court remarked that it is for the legislature to decide its
continuation.

9. TECHNOLOGICAL INNOVATIONS OF ELECTION

COMMISSION OF INDIA
• ENCORE App- It is a mobile application developed by the Election Commission of India (ECI) to help nodal
officers manage the permission process during election periods.

• c-VIGIL App- It allows any citizen to report on the violations of election code by any candidate or political party.
• SVEEP portal- For voter education and awareness and promoting voter literacy in India.
• Toll Free Helpline- Toll free number 1950. Any citizen from any part of the country can call on the toll-free
number with any query or complaint at any time of the day. Callers can enquire on subjects such as elections,
voting dates, EPIC, electoral roll, online registration and lodge a complaint by simply dialling into the toll-free
no. Not only this, but executives also make outbound calls for educating the electors and spreading voter
awareness.

10. RULE OF LAW INDEX

India has been ranked at 79th position in the Rule of law index of 2023.
ABOUT: RULE OF LAW INDEX
• Prepared and released by the World Justice Project annually since 2008.
• The ranking is based on 8 factors and 44 sub-factors.

• Note: There is also the ninth factor i.e. informal justice and the rule of law. But it is not included in the
calculation of score and ranking.
• Ranking of the Countries: 0 indicates the worst performance and 1 indicates the best performance.
11. PRESS FREEDOM INDEX
India has been ranked at 161st position among 180 countries in the World Press Freedom Index, 2023.

ABOUT: PRESS FREEDOM INDEX

• Released by the organisation Reporters without Borders, which is a Paris based non-governmental organisation.
• It releases ranking for 180 countries globally.
• The first report was released in 2002, which ranked India at 80th position globally.
• Top three- Norway (first ranked), Ireland, Denmark.
• Bottom Three- Vietnam, China, North Korea (last ranked).
• It develops a score between 0 (for the worst possible performance) and 100 (the best possible score).
• [85 – 100 points] good (green)
• [70 – 85 points] satisfactory (yellow)
• [55 – 70 points] problematic (light orange)
• [40 – 55 points] difficult (dark orange)
• [0 – 40 points] very serious (dark red)
• Factors included in the ranking:

12. GRIEVANCE REDRESSAL ASSESSMENT INDEX (GRAI)

DARPG is introducing a new and comprehensive Grievance Redressal Assessment and Index (GRAI) from May 2023
onwards comprising of 4 dimensions and 12 indicators.

ABOUT: GRAI
• Introduced by the Ministry of Personnel, Public Grievances & Pensions in 2022.
• Based on four dimensions:

o Efficiency (weightage - 0.45) - Timely and effective resolution of complaints.

o Feedback (0.30) - Percent of Appeals Filed Percent of Resolution with “Excellent” & “Very good" remarks.

o Domain (0.15) - Resolution of Urgent Grievances and the categorisation of grievances aspect of grievances
is covered as part of Domain dimension.
 o Organisational Commitment (0.10)- Ratio of Grievance Redressal Officers s vis-à-vis Grievances Received
percent of Active Grievance Redressal Officers (GROs).

• Three types of categorisations of ministries and Departments:

o Group A: Ministries and Departments with registered grievances > 10,000.

o Group B: Ministries and Departments with registered grievances 2,000 to 9,999.

o Group C: Ministries and Departments with registered grievances < 2,000.

13. NYAYA VIKAS PORTAL

• The Centrally Sponsored Scheme (CSS) of Department of Justice, Ministry of Law and Justice for Judicial
Infrastructure, with technical assistance of NRSC, ISRO is catering to a user-friendly and transparent web
portal to facilitate better delivery of judicial infrastructural projects via Nyaya Vikas Portal.
• Launched in 2018. Its version 2.0 launched in 2020.
• The portal monitors the Centrally sponsored scheme for development of infrastructure for Judiciary.
• Note: The Department of Justice has been implementing the Centrally Sponsored Scheme (CSS) for
Development of Infrastructure Facilities for Districts and Subordinate Judiciary since 1993-94.
14. PARLIAMENTARY PRIVILEGES
SC stays Lok Sabha privileges panel proceedings on West Bengal BJP MP’s ‘injury complaint’.

PARLIAMENTARY PRIVILEGES
• Each House of Parliament and its Committees collectively and members of each House individually
enjoy certain rights, privileges and immunities without which they cannot perform their functions efficiently
and effectively.
• The object of parliamentary privilege is to safeguard the freedom, the authority and the dignity of
Parliament.
• They are enjoyed by individual members, because the House cannot perform its functions without unimpeded
use of the services of its members and by each House collectively for the protection of its members and the
vindication of its own authority and dignity.
• The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak
and take part in the proceedings of the house i.e. attorney general of India and Union Ministers.

Collective Privileges Individual privileges

Enjoyed by each house of the parliament collectively Enjoyed by the members of each house individually

Right to publish its reports, debates and proceedings MPs cannot be arrested during the session of
Parliament and 40 days before the beginning and 40
days after the end of a session.

Exclude strangers from its proceeding for secret Freedom of speech in parliament (article 105) and
sittings freedom of speech in state assembly (article 194).

Make rules to regulate its own procedure and Exempted from jury service, can refuse to give
conduct of business evidence, and appear as a witness in a case pending
in a court when parliament is in session

Punish members as well as outsiders for breach of

its privileges or its contempt

Right to receive immediate information of the arrest,

detention, conviction, imprisonment, and release of
a member

Institute inquiries and order the attendance of

witnesses
 Courts are prohibited to inquire into the
proceedings of a house or its committees

No legal process can be served within the precincts

of the House without the permission of the presiding
officer

COMMITTEE OF PRIVILEGES

15. NO-CONFIDENCE MOTION

The no confidence motion moved by the opposition against the NDA government led by Prime Minister Narendra
Modi was defeated in the Lok Sabha.

WHAT IS A NO- CONFIDENCE MOTION?

RULES FOR INTRODUCING NO-CONFIDENCE MOTION

16. DIRECTORATE OF ENFORCEMENT

The Enforcement Directorate has been heavily criticized by the opposition political parties in India as acting in
partisan and biased manner.
• First set up in 1956 as 'Enforcement unit' under the administrative control of Department of Economic
Affairs, Ministry of Finance.
• Renamed as Enforcement Directorate in 1956 and brought under the administrative control of Department of
Revenue, Ministry of Finance in 1960.
• For a short period of four years (1973 – 1977), the Enforcement Directorate remained under the administrative
jurisdiction of the Department of Personnel & Administrative Reforms. But subsequently came under the
administrative control of Department of Revenue.
• It enforces three laws- FEMA, 1999; PMLA, 2002; Fugitive Economic Offenders Act, 2018.
• The cases investigated by Enforcement Directorate are dealt by Special Courts set up under PMLA, 2002.

17. AMPLIFI 2.0 PORTAL

• Assessment and Monitoring Platform for Liveable, Inclusive and Future-ready urban India.
• Launched by Ministry of Housing and Urban Affairs.
• Designed and hosted by NIC.
• The website provides data on a range of information for several cities, including, for example, the total diesel
consumption; the number of samples tested for water quality; the average annual expenditure on healthcare;
the total number of people residing in slums; the fatalities recorded due to road accidents.
• important destination for urban data needs.
• Note: It includes data on cities other than smart cities also.
AMPLIFI 2.0 has been launched as the upgraded form of the portal.
 6
Chapter JUDICIARY
1. APPOINTMENT
PROVISIONS
• The Supreme Court of India comprises the Chief Justice and not more than 33 other Judges appointed by the
President of India. The number of judges is decided by the Parliament by law, for this Parliament has enacted
The Supreme Court (Number of Judges) Act, 1956.
• Constitutional Provisions: Article 124 deals with the appointment of Judges of Supreme Court, Article 217
deals with appointment of Judges of High Court and Article 224 deals with appointment of acting and additional
judges.
• Retirement: Supreme Court Judges retire upon attaining the age of 65 years.
• Eligibility: To be appointed as a Judge of the Supreme Court, a person must be a citizen of India and:
o A Judge of a High Court or of two or more such Courts in succession for at least five years.
o An Advocate of a High Court or of two or more such Courts in succession for at least 10 years
o He must be, in the opinion of the President, a distinguished jurist.
o Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and
for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.

Constitutional Provision for appointment of judges:

• Article 124(2): Judge of Supreme Court shall be appointed by the President by warrant under his hand
and seal and shall hold office until he attains the age of sixty-five years.
• Article 217(1): Judge of a High Court shall be appointed by the President by warrant under his hand and
seal after consultation with the Chief Justice of India, Governor of State, and the Chief Justice of High Court.
• Article 224(1): In case of temporary increase in business of a High Court or by reason of arrears of work,
President may in Consultation with Governor and Chief Justice of High Court appoint duly qualified person
to be additional or acting Judge of that Court until the permanent Judge has resumed his duties.
• Article 233(1): Appointment of District Judge by Governor of State in consultation with High Court of such
State.

2. ARTICLE 142
The Supreme Court used its powers under Article 142 to do “complete justice” in the context of Chandigarh
mayoral elections.
About Article 144: Civil and judicial authorities to act in aid of the Supreme Court. — All authorities, civil and
judicial, in the territory of India shall act in aid of the Supreme Court.
How does Article 142 give unique power to the Supreme Court:
• Article 142(1) grants it a distinctive power not found in the Government of India Act, 1935, or any other global
constitution.
• It empowers the court to ensure complete justice, ultimately concluding the legal dispute between the parties.
• The Article contradicts the traditional equity principle that follows the law which makes it a unique provision.
• The Supreme Court, while granting relief, can deviate from strict legal applications based on the peculiar
circumstances of each case. Article 142 allows the court to relax the application of law or entirely exempt parties
from legal procedures during the process of delivering justice.
• It empowers the court to ensure complete justice when deemed necessary.
Previous instances of usage: Over time, the Supreme Court has clarified its authority through key rulings.

EXCEPTION
• Despite its expansive power, the Supreme Court clarified in a 2023 ruling that Article 142 is not universally
applicable and may not be invoked in every case.
• Though Article 142(1) empowers the Supreme Court to pass any order to do complete justice between the
parties, the Court cannot make an order inconsistent with the fundamental rights guaranteed by Part III of the
Constitution.

3. e SCR
• The e-SCR is an online portal, initiated by the Supreme Court (SC) of India. It aims to offer digital versions of the
apex court's judgments in the same
format as they appear in official law
reports.
• It has made approx. 34,000
judgments accessible, this service
is available to lawyers, law
students, and the public, free of
charge.
• It is accessible via Supreme Court
website, its mobile app, and the
National Judicial Data Grid (NJDG)
judgment portal.
• It has been developed by Supreme
Court, in collaboration with the
National Informatics Centre. NIC
has also developed a search engine
within the e-SCR database,
enabling various search options
such as free text, case type, judge,
and year searches using elastic
search techniques.
OTHER INITIATIVES IN THIS REGARD
• e-Court Mission: It is a mission mode project for digitizing the Judiciary.
• Inter-operable Criminal Justice System (ICJS): Facilitating data exchange between the stakeholders like
courts, police, jails.
• FASTER: a software developed by SC for swift and secure electronic transmission of court orders.
• SUVAS: Supreme Court Vidhik Anuvaad Software to bridge language barriers in legal judgments, it will translate
English language judgements into regional languages.

4. JUDICIAL MAJORITARIANISM
Recent majority judgement in demonetization case has brought the discussion of judicial majoritarianism to the
forefront of judicial decision making.
• It is argued that the weightage given to majority in delivering judicial decisions by Constitutional Courts may
lead to constitutional disregard of the analysis and appreciation of arguments and evidence considered by the
dissenting judges.

Constitutional provisions: Article 145: Rules of the court:

• Article 145(3) states that: The minimum number of Judges who are to sit for the purpose of deciding any case
involving a substantial question of law as to the interpretation of this Constitution or for the purpose of
hearing any reference under Article 143 shall be five.
• Article 145(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the
concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be
deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.

WHAT IS JUDICIAL MAJORITARIANISM?

• Standard matters are heard by Division Benches consisting of two judges.
• Numerical majorities are of particular importance to cases which involve a substantial interpretation of
constitutional provisions. In such cases, Constitutional Benches, consisting of five or more judges, are set up
in consonance with Article 145(3) of the Constitution. Such Benches usually consist of five, seven, nine, eleven
or even thirteen judges. This is done to facilitate decision-making by ensuring numerical majorities in judicial
outcomes.

• The requirement for a majority consensus flows from Article 145(5) of the Constitution which states that no
judgment in such cases can be delivered except with the concurrence of a majority of the judges but that judges
are free to deliver dissenting judgments or opinions.

ISSUES ARISING OUT OF JUDICIAL MAJORITARIANISM

• Undermining Meritorious Minority Decisions:
o In a system of judicial majoritarianism, minority opinions, even if they are well-reasoned and sound, often
receive less consideration.
o This can lead to valuable perspectives being overlooked or marginalized in the decision-making process.
o Examples like Justice H.R. Khanna's dissent in A.D.M. Jabalpur v. Shivkant Shukla shows how minority
opinions can uphold important rights that are later recognized as significant.

• Impact on Dissent Rates:

o Judicial majoritarianism can suppress dissenting voices within the judiciary.
o Lower dissent rates have suggested a lack of diversity in perspectives in judicial decision making and hinders
the robustness of judgements.
5. BAR COUNCIL OF INDIA
BCI notified in the official gazette the Rules for Registration and Regulation of Foreign Lawyers and Foreign
Law Firms in India, 2022. According to the rule, the foreign lawyers cannot appear in court, they can advise
clients on foreign law and work on corporate transactions. The Bar Council of India (BCI) is a statutory body
created by Parliament to regulate and represent the Indian Bar.

6. TRIBUNALS
Tribunals are judicial or quasi-judicial institutions established by law. Their objective is to provide a platform for
faster adjudication as compared to traditional courts, they also provide expertise on certain subject matters.

KEY FEATURES
• Evolution: Articles 323A and 323B were added in 1976 to empower Parliament to establish administrative
tribunals for public service matters and allowing for tribunals on various subjects. But even prior to
independence, the income tax appellate tribunal was established as first tribunal in India in 1941 to expedite
adjudication of disputes relating to taxation matters.
• Purpose of Tribunals: They serve to discharge judicial
or quasi-judicial functions, in order to reduce court case
loads and offer subject expertise.
• Administration: Tribunals relieve court burdens and
are overseen by the judiciary but administered by the
executive. They act as specialized quasi-judicial bodies,
handling specific legal areas and expediting certain
cases.
• Challenges: Despite the intended goal to reduce court’s
burden, many tribunals face significant backlogs.

Important case laws with respect to tribunals in India

• S.P. Sampath Kumar vs Union of India: It is constitutionally valid for Parliament to create an alternate
institution to High Courts with jurisdiction over certain matters provided that the alternate body has same
efficacy as that of the High Court. Such tribunals will be considered substitutes of the High Courts.
• L Chandra Kumar v Union of India: Jurisdiction of High Court and Supreme Court under Article 226/227 and
32 is part of basic structure. Appeal from tribunal would not lie directly before the Supreme Court, the aggrieved
party has to move to high court first.

7. SUBORDINATE JUDICIARY
Article 233 to 237 deal with the provisions to regulate the organisation of Subordinate courts and ensure their
independence from executive.
Appointment of District Judges: The appointment, posting and promotion of District Judges in a State are made
by the Governor of the State in consultation with the High Court.
A person to be appointed as district judge should have the following qualifications:
(a) He should not already be in the service of the Central or the State government.
(b) He should have been an advocate or a pleader for seven years.
(c) He should be recommended by the high court for appointment.

ORGANIZATIONAL STRUCTURE OF SUBORDINATE JUDICIARY

(Note: The chart is indicative in nature and
the organizational structure may vary
from State to State)

POINTS TO REMEMBER
• The organizational structure,
jurisdiction and nomenclature of
subordinate judiciary are determined
by States.
• District Judge is the highest judicial
authority of a district. He/she possesses
judicial, Administrative, and
Supervisory powers over the
subordinate courts.
• He/she possesses original and
appellate jurisdiction in both civil and
criminal cases.
• Appeal against his/her orders lie to the high courts.
• The Sessions judge has the power to impose any sentence including life imprisonment and capital sentence.
However, the capital punishment passed by him/her is subject.

8. CENTRAL ADMINISTRATIVE TRIBUNALS

The Central Administrative Tribunal had been established under Article 323A 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. For the above function, the parliament has formulated Administrative Tribunals Act, 1985

KEY POINTS TO REMEMBER

• Jurisdiction: It has exclusive jurisdiction over disputes and complaints related to the recruitment and
• conditions of service of persons appointed to All India Services, Central Civil Services and civil posts under the
central government and civil employees under the central government.

OBJECTIVE OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985

o Reduce burden of Courts: To alleviate the burden on regular courts, allowing them to focus on other cases
and expedite their disposal.
o Speedy Relief: To provide swift relief in addressing their grievances related to service matters.
o Efficiency and Accessibility: To enhance the efficiency, accessibility, and fairness of the adjudication process
by providing a dedicated forum for resolving service-related disputes.
Administration: CAT employees work under the general superintendence of the Chairman. The Central
Government specifies their salaries, allowances, and conditions of service through the Central Administrative
Tribunal Staff (Condition of Service) Rules, 1985.
Location: The CAT has Principal bench in Delhi, and 19 regular benches.
Originally, decisions of the Tribunal could be challenged in the Supreme Court through a Special Leave Petition.
However, after the Supreme Court's decision in L. Chandra Kumar v Union of India case, challenges to CAT
orders are now made through Writ Petitions under Article 226/227 of the Constitution before the respective High
Court within whose territorial jurisdiction the CAT bench is situated.

9. JUSTICE CLOCKS
Justice Clocks have been installed to effectively use the database created through National Judicial Data Grid and
make the information available to public.
• Purpose of Justice Clock:
o To raise public awareness about the justice sector.
o Advertise various schemes of the Department of Justice.
o Provide status updates on various fields to the
public.
• Content Displayed on Justice Clock:
o It displays information about court disposals,
services offered in court complexes, and various
fields' status to the public.
o Various schemes of the Department of Justice,
including eCourts, Access to Justice, and Legal
Aid to the Poor.
o Information about top performing district courts
with the highest percentage of case disposals
across different age brackets (2 years, 2-5 years,
and above 10 years old).
o Various details of legal aid programs and access
to justice schemes.
• Location and Funding:
o 39 Justice Clocks are operational in 25 High Courts.
o Each Justice Clock funded with Rs. 13 lakhs sanctioned by the e-committee.

10. LIVE STREAMING OF HIGHER JUDICIARY HEARINGS

It has been initiated to create a more accessible, efficient, and equitable judicial system for all individuals engaging
with the justice delivery. It further ensures the right to access justice as guaranteed under Article 21 of the
Constitution which encompasses the right to access live court proceedings.
• Advantages of Live Streaming:
o Enables real-time access to court proceedings, including those of public interest, for citizens, journalists, civil
society, academics, and law students.
o It addresses barriers like geographical, logistical, or infrastructural limitations in the access to information.
 o Enhances transparency, inclusivity, and access to justice.
• Relevant Case laws:
o Live streaming infrastructure has been developed by the e-Committee of Supreme Court, taking into
account principles from the Supreme Court's decision in Swapnil Tripathi v Supreme Court of India (2018).
• Exception:
o In cases where there is a need to protect privacy and confidentiality of litigants and witnesses, business
confidentiality and preservation of public interest in sensitive cases, there is an exception to live streaming.
o Matrimonial matters, POCSO cases, juvenile violence cases, cases pertaining to gender violence, cases
involving Medical Termination of Pregnancy also fall under exemption category.

11. TENURE AND AGE OF RETIREMENT OF JUDGES

Tenure of Judges Supreme Court Tenure of Judges High Court

The Constitution has not fixed the tenure of a The Constitution has not fixed the tenure of a judge of
judge of the Supreme Court. However, it makes the a high court. However, it makes the following four
following three provisions in this regard: provisions in this regard:
• He holds office until he attains the age of 65 • He holds office until he attains the age of 62 years. Any
years. Any question regarding his age is to be questions regarding his age is to be decided by the
determined by such authority and in such President after consultation with the Chief Justice of
manner as provided by Parliament. India and the decision of the President is final.
• He can resign his office by writing to the • He can resign his office by writing to the president.
President. • He can be removed from his office by the President on
• He can be removed from his office by the the recommendation of the Parliament.
President on the recommendation of the • He vacates his office when he is appointed as a judge
Parliament. of the Supreme Court or when he is transferred to
another high court.

12. TRANSFER OF HIGH COURT JUDGES

KEY POINTS
• Article 222 of the Indian Constitution governs the transfer of Judges between High Courts.
• The Chief Justice of India initiates transfer proposals, and their opinion is decisive. Consent from the Judge being
transferred is not required.
• Views of the Chief Justices of both the originating and receiving High Courts, as well as one or more Supreme
Court Judges, are considered in the formation of opinion in transfer process.
• The Chief Justice of India and the four most senior Supreme Court Judges consider written views on the
proposed transfer, including personal factors and preferences of the Judge.
• After the recommendation of a transfer is received from the Chief Justice of India, the Union Minister of Law,
Justice, and Company Affairs submits the recommendation along with relevant papers to the Prime Minister
who then advise the President as to the transfer of the Judge concerned.
• After the President approves the transfer, the Secretary to the Government of India in the Department of Justice
will inform the Chief Justice of the High Courts and the Chief Ministers of concerned States and will announce
the transfer and issue the necessary notification in the Gazette of India.

13. INDIA JUSTICE REPORT

India Justice Report was released for the year 2023 recently, it is the third edition of this report. The first report
came in 2019.
ABOUT
• India Justice Report was initiated by Tata trust in 2019 with other civil society partners like Centre for Social
Justice, Common Cause, Commonwealth Human Rights Initiative, DAKSH, TISS-Prayas, Vidhi Centre for Legal
Policy and How India Lives.
• Karnataka ranked first in the third edition of India justice Report.
• Sikkim topped in the list of smaller states with a population of less than 1 Crore.
• It considers 4 pillars of justice delivery for the assessment of Police, Judiciary, Prisons, and Legal Aid.
 7
Chapter MISCELLANEOUS
1. MEITY AMENDS IT RULES, 2009
The government has amended Information Technology (Procedures and Safeguards for Interception,
Monitoring or Decryption of Information) Rules, 2009 to allow for the Home Secretary or other bureaucrats
in the Centre to issue directions to destroy digital records of interception or decrypt information. So far, the
power lied with security agencies, such as law enforcement bodies.

FEATURES
• Amendment to IT rules grants broader powers to the Centre, allowing Union and respective State Home
Secretaries to issue directions for destroying digital records or decrypting information.
• The amendment has changed Section 23 of the Information Technology (Procedure and Safeguards for
Interception, Monitoring and Decryption of Information) Rules, 2009, replacing "security agency" with
"competent authority and the security agency."
• Previously, these powers were held by security agencies like IB, Narcotics Control Bureau, CBI, but now they
extend to governmental authorities like Union and State Home Secretaries.
• Rule 23 mandates the destruction of records, including electronic ones, related to interception, monitoring, or
decryption every six months by the security agency, unless such information is necessary for functional
requirements.

Information Technology (Procedures and Safeguards for Interception, Monitoring or Decryption of

Information) Rules, 2009 These rules are framed in accordance with Section 87 read with Section 69 of
Information Technology Act, 2000 to ensure that any interception, monitoring or decryption of any
information through any computer resource is done as per due process of law and to prevent any
unauthorized use of these powers by any agency, individual or intermediary.

The Digital Personal Data Protection Act, 2023

• The act seeks to provide for the protection of personal data and the privacy of individuals.
• Applicability: The act applies to the processing of digital personal data within India where such data is:
(i) collected online,
(ii) collected offline and is digitised.
It will also apply to the processing of personal data outside India if it is for offering goods or services in India.
• Definition of Personal Data: Personal data is defined as any data about an individual who is identifiable by or
in relation to such data. Processing has been defined as wholly or partially automated operation or set of
operations performed on digital personal data. It includes collection, storage, use, and sharing.
• Consent:
o Personal data may be processed only for a lawful purpose after obtaining the consent of the individual.
o A notice must be given before seeking consent.
o The notice should contain details about the personal data to be collected and the purpose of processing.
Consent may be withdrawn at any point in time.
Consent will not be required for ‘legitimate uses’ including:
(i) specified purpose for which data has been provided by an individual voluntarily,
(ii) provision of benefit or service by the government,
(iii) medical emergency, and
(iv) employment.
Note: For individuals below 18 years of age, consent will be provided by the parent or the legal guardian.
• Rights and duties of data principal: Data principal is a person whose data is being processed.
Data Principal will have the right to:
(v) obtain information about processing,
(vi) seek correction and erasure of personal data,
(vii) nominate another person to exercise rights in the event of death or incapacity, and
(viii) grievance redressal.
Data principals will have certain duties. They must not:
(i) register a false or frivolous complaint, and
(ii) furnish any false particulars or impersonate another person in specified cases.
Note: Violation of duties will be punishable with a penalty of up to Rs 10,000.
• Obligations of data fiduciaries: Data fiduciary is an entity, determining the purpose and means of processing.
Data Fiduciary must:
(i) make reasonable efforts to ensure the accuracy and completeness of data,
(ii) build reasonable security safeguards to prevent a data breach,
(iii) inform the Data Protection Board of India and affected persons in the event of a breach, and
(iv) erase personal data as soon as the purpose has been met and retention is not necessary for legal purposes
(storage limitation).
Note: In case of government entities, storage limitation and the right of the data principal to erasure will not apply.
• Significant data fiduciaries: Certain data fiduciaries may be designated as significant data fiduciaries. Certain
factors must be taken into consideration such as: (i) volume and sensitivity of personal data processed, (ii) risks
to the rights of data principals, (iii) security of the state, and (iv) public order. These entities will have certain
additional obligations including: (i) appointing a data protection officer, and (ii) undertaking impact assessment
and compliance audit.
• Exemptions: Rights of the data principal and obligations of data fiduciaries (except data security) will not apply
in specified cases. These include:
(i) prevention and investigation of offences, and
(ii) enforcement of legal rights or claims.
(iii) The central government may, by notification, exempt certain activities from the application of the act. These
include processing by government entities in the interest of the security of the state and public order, and
research, archiving, or statistical purposes.
• Processing of personal data of children: While processing the personal data of a child, the data fiduciary must
not undertake:
(i) processing that is likely to cause any detrimental effect on the well-being of the child,
(ii) tracking, behavioural monitoring, or targeted advertising.
• Cross-border transfer: The act allows the transfer of personal data outside India, except to countries restricted
by the government through notification.
• Data Protection Board of India: The central government will establish the Data Protection Board of India. Key
functions of the Board include:
(i) monitoring compliance and imposing penalties,
(ii) directing data fiduciaries to take necessary measures in the event of a data breach, and
(iii) hearing grievances made by affected persons. Board members will be appointed for two years and will be
eligible for re-appointment.
• Penalties: The schedule to the act specifies penalties for various offences such as up to: (i) Rs 200 crore for
non-fulfilment of obligations for children, and (ii) Rs 250 crore for failure to take security measures to prevent
data breaches.

2. CRIMINAL LAW REFORMS

The Bharatiya Nyaya Sanhita to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita to replace
the Code of Criminal Procedure and the Bharatiya Sakshya Bill to replace the Indian Evidence Act — transforming
criminal laws has ignited a spectrum of reactions, underscoring pivotal facets related to criminal law reforms.
3. BHARATIYA NYAYA SANHITA
• Definition of child introduced
• Transgender included in definition of ‘gender’
• Electronic, digital records included in definition of document
• New chapter on offence against woman and child introduced
• New chapter on ‘inchoate offences’ (attempt, abetment and conspiracy) introduced
• New offences like organised crime, terrorist act, petty organised crime, hit and run, mob lynching, hiring child
to commit offence, sexual exploitation of woman by deceitful means, snatching, abetment outside India, acts
endangering the sovereignty, integrity and unity of India, publication of false or fake news etc. introduced.
• Attempt to commit suicide is deleted.
• Community service is provided as a punishment for theft of less than Rs 5,000

4. BHARATIYA NAGARIK SURAKSHA SANHITA

• Scope of declaring proclaimed offenders increased. Earlier only 19 offences were included which did not include
rape cases. Now all offences with punishment for 10 years or more included.
• Arrest of offences with punishment of less than 3 years offence with prior nod of senior police officers.
• 15 days police custody is allowed for the first 40/60 days of the detention period and this will not be a ground
for refusal of bail
• In-absentia trial introduced
• Electronic FIR introduced
• Preliminary Inquiry introduced in offences punishable from 3 years to less than 7 years
• Meaning of bail has been simplified throughout the BNSS.
• First time undertrial is provided early release on bail.
• Bail in acquittal cases simplified.
• First time offender to be given relaxed punishment (one-fourth and one-sixth of such punishment) in plea
bargaining
• Timeline prescribed in many procedures and processes
• Audio video electronic means used for many processes and procedures to enhance transparency,
accountability and speedy justice – like recording of evidence of witness, deposition by police officer, evidence
of accused, evidence of public servant, scientific expert or medical officer, pronouncement of judgement
• Witness protection scheme introduced
• Definition of ‘victim’ expanded, police officer to inform victim/informant about progress in probe
• Provision for not more than 2 adjournments introduced

5. BHARATIYA SAKSHYA ADHINIYAM

• Electronic record included in definition of ‘document.
• Statements received electronically included in definition of ‘evidence’
• Added more standards for considering electronic, digital records as primary evidence laying emphasis on its
proper custody, storage, transmission, and broadcast
• Added more kinds of secondary evidence to include oral, written admissions & evidence of a skilled person to
examine documents which cannot be conveniently examined by court
• Established the legal admissibility, validity, and enforceability of electronic or digital record as evidence
• Inclusion of husband/wife as competent witness in criminal proceedings against spouse
• Conviction based on corroborated testimony of accomplice made legal
• Comprehensive certificate for submitting electronic evidence added in schedule

6. THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

The Criminal Procedure (Identification) Act, 2022, empowers police officers or prison officers to collect certain
identifiable information from convicts or those who have been arrested for an offence.
This information could include finger-prints, photographs, iris and retina scan, biological samples and their
analysis, and behavioural attributes.
The Act empowers the National Crime Records Bureau (NCRB) to collect (from state governments, union territory
(UT) administrations, or other law enforcement agencies), store, process, share, disseminate and destroy records
of measurements, as may be prescribed by rules.
The Criminal Procedure (Identification) Rules, 2022 specify these details. Key features of the 2022 Rules include:
• Taking measurements:
o Under the Act, all convicts, arrested persons, as well as persons detained under any preventive detention law
may be required to give their measurements.
o The Rules specify that for certain persons measurements will not be taken unless they have been charged or
arrested in connection with any other offence. These persons include those violating prohibitory orders
 under Sections 144 or 145 of the Code of Criminal Procedure, 1973 (CrPC), or arrested under preventive
detention under Section 151 of CrPC.
• Persons authorised to take measurements:
o The Act provides that measurements will be taken by a police officer or prison officer. The Rules specify that
an authorised user, or any person skilled in taking the measurements, or a registered medical practitioner,
or any person authorised in this behalf may take such measurements. An authorised user has been
defined as a police officer or a prison officer, who has been authorised by the NCRB to access the
database.
• Storage of measurement records: The Rules specify that the NCRB will issue the Standard Operating
Procedures (SOPs) for taking measurements including:
(i) specifications and the format of the measurements to be taken,
(ii) specifications of the devices to be used for taking these measurements, and
(iii) the method of handling and storing these measurements.

THE SOPS MAY ALSO PROVIDE FOR

(i) the digital format to which each measurement should be converted before uploading on to the database, and
(ii) the encryption method.
• Sharing of records: To match the record of measurements of a person, an authorised user will forward the
request to NCRB. NCRB will match the record and provide a report to the authorised user through a secure
network. The SOPs will provide the guidelines for processing and matching of the records.
• Destruction of records: The Act provides that the records will be destroyed in case of persons who:
(i) have not been previously convicted (of an offence with imprisonment), and
(ii) Are released without trial, discharged, or acquitted by the court, unless directed otherwise by the Magistrate
or court.
The NCRB will destroy the records as prescribed. As per the Rules, the SOPs will provide the procedure for
destruction and disposal of records. The state or central government or UT administration will nominate a nodal
officer to whom requests for destruction of record of measurements will be made. The nodal officer will
recommend the destruction of records to NCRB after verifying that such records are not linked with any other
criminal cases.

7. PRESS AND REGISTRATION OF PERIODICALS ACT 2023

The new Press and Registration of Periodicals Act, 2023, has come into force and the old Press and Registration of
Books Act, 1867, now stands repealed.
• Registration of periodicals: The Act allows for registering newspapers, periodicals, and books, and cataloguing
books. The act focuses on registering periodicals containing public news or comments on it, excluding books
and academic journals.
• Declaration of periodicals: In the 1867 Act, only the district magistrate (DM) could cancel the declaration of a
periodical, while the Press Registrar General (PRG) did not have suo motu powers to cancel or suspend the
Certificate of Registration granted by it. However, the PRP Act empowers the PRG to suspend/cancel
registration.
• Foreign periodicals: An exact reproduction of a foreign periodical may be printed in India only with the prior
approval of the central government. The manner of registration of such periodicals will be prescribed.
• Appellate Authority: It also provides for an appellate authority. The Appellate Board (Press and Registration
Appellate Board) will comprise the chairperson, Press Council of India (PCI), and two members of PCI to hear an
appeal against the refusal of grant of registration, imposition of any penalty or suspension/cancellation of
registration by PRG.
• Suspension and cancellation of registration: The act allows the Press Registrar General to suspend a
periodical’s registration for a minimum period of 30 days which can extend to 180 days.
• Reason for suspension and cancellation of registration: The registration may be suspended due to: (i)
registration obtained by furnishing false information, (ii) failure to publish periodicals continuously, and (iii)
giving false particulars in annual statements. The Press Registrar General may cancel the registration if the
publisher does not correct such defects.
• Registration may also be cancelled if: (i) a periodical has the same or similar title as any other periodical, (ii)
the owner/ publisher has been convicted of a terrorist act or unlawful activity, or for acting against the security
of the state.
• Offence: A person who has been convicted by any court for an offence involving a terrorist act or unlawful
activity, or having done anything against the security of the state shall not be permitted to bring out a periodical.
• Penalties: Its waters down the penal provisions of the PRB Act, which made improper declaration of
information a punishable offence with a prison term of up to six months. Under the new Act, imprisonment for
up to six months is only applicable if a periodical is published without registration, and the publisher continues
printing it after a six-month notice from PRG to stop.
• Appeal: Any person may appeal against the refusal to issue a registration certificate, suspension/ cancellation
of registration or imposition of penalty. Such appeals may be filed before the Press and Registration Appellate
Board within 60 days.
• Exclusion: Books, which were part of the PRB Act, of 1867, have been taken out of the purview of this act as
books as a subject are administered by the Ministry of Education.

8. PLACES OF WORSHIP ACT

• “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious
character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected
therewith or incidental thereto.”
• Section 3 of the Act bars the conversion, in full or part, of a place of worship of any religious denomination into
a place of worship of a different religious denomination — or even a different segment of the same religious
denomination.
• Section 4(1) declares that the religious character of a place of worship “shall continue to be the same as it
existed” on August 15, 1947. Section 4(2) says any suit or legal proceeding with respect to the conversion of the
religious character of any place of worship existing on August 15, 1947, pending before any court, shall abate
— and no fresh suit or legal proceedings shall be instituted.
• Section 5 stipulates that the Act shall not apply to the Ram Janmabhoomi-Babri Masjid case, and to any suit,
appeal or proceeding relating to it.

9. MULTI STATE CO-OPERATIVES SOCIETIES (AMENDMENT

ACT), 2023
The Parliament gave its green light to the Multi-State Cooperative
Societies (Amendment) Act 2023. This introduces significant amendments
to the Multi-State Cooperative Societies (MSCS) Act.
Co-operatives are voluntary, democratic, and autonomous organisations
controlled by their members who actively participate in its policies and
decision-making. Multi-state co-operative societies operate in more than one state. These operate in various
sectors such as agriculture, textile, poultry, and marketing.
As per the Constitution, states regulate the incorporation, regulation, and winding up of state co-operative
societies. Parliament can legislate on matters related to incorporation, regulation, and winding up of multi-state
co-operatives. The Multi-State Co-operative Societies Act, 2002 provides for the formation and functioning of multi-
state co-operatives.
In 2011, the Constitution was amended (adding Part IXB) to specify guidelines for running co-operative
societies. These guidelines provide for:
(i) composition of the boards of co-operatives,
(ii) election of members of the board,
(iii) audit of accounts of co-operative societies, and
(iv) supersession of the board.
The Supreme Court, in July 2021, held that Part IXB will only be applicable to multi-state co-operative
societies, as states have the jurisdiction to legislate over state co-operative societies.

MULTI-STATE COOPERATIVE SOCIETIES ACT, 2002

• It was meant to organise multiple laws relating to cooperative societies catering to the multiple states.
Cooperative societies registered under the provisions of the Multi-State Cooperative Societies (MSCS) Act, 2002
function as autonomous cooperative organisations and are accountable to their members.

KEY FEATURES OF THE AMENDMENT ACT

• Co-operative election Authority (Chairperson, Vice chairperson, upto three central govt appointed members)
• Allows existing registered co-operatives to merge into existing Multi state co-operatives
• Co-operative Rehabilitation, Reconstruction and development Fund: for the revival of sick MSCS

10. REGISTRATION OF BIRTH AND DEATH (AMENDMENT)

ACT, 2023
The Registration of Births and Deaths Act in India is a pivotal legislative framework designed to ensure the
systematic recording of vital events.
• Enacted in 1969, this act mandates the registration of births and deaths across the country. It establishes a
structured mechanism for the registration process, emphasising the importance of accurate documentation
and maintenance of records.
• The act stipulates the responsibilities of individuals, parents, or guardians to report births and deaths
within the prescribed time frame to the concerned authorities.
• Compliance with this act is crucial, as it not only facilitates the creation of vital statistics but also serves as a
fundamental tool for planning and implementing various developmental initiatives, healthcare strategies, and
social welfare programs in India.
• The comprehensive compliance with the Registration of Births and Deaths Act ensures the availability of reliable
data, contributing significantly to governance, policy formulation, and the overall well-being of the population.
The law regulating births and deaths had not been amended since 1969 and with technological advancements,
there was a need to make the law more citizen friendly.

REGISTRATION OF BIRTH AND DEATH (AMENDMENT) ACT, 1969

• Registrar general of India by the central government
• Chief Registrar, District Registrar and registrar to be appointed in every state by state govt.
• Makes it the duty of the head of the house
What does the Registration of Births and Deaths (Amendment) Act, 2023 state?
• The Registration of Births and Deaths (Amendment) Bill, 2023 aims to create a centralised database for deaths
and births to help in transparent delivery of public services and to update other databases. The national
database may be made available to other authorities preparing or maintaining other databases,
including population register, electoral rolls, ration card, and any other national databases as notified.
• The Act also provides for the appointment of a Registrar-General, India who may issue general directions for
registration of births and deaths and will maintain a national database of registered births and deaths.
11. INFORMATION TECHNOLOGY (INTERMEDIARY
GUIDELINES AND DIGITAL MEDIA ETHICS) RULES, 2021
• The Ministry of Electronics and Information Technology (MEITY) has notified the Information Technology
(Intermediary Guidelines and Digital Media Ethics) Rules, 2021 to regulate IT intermediaries such as Twitter,
Facebook and digital media outlets. While many IT intermediaries have complied to these rules Twitter has
failed to comply with them.

CONCERNS HIGHLIGHTED ON IT RULES

• Privacy versus National Security – The rules only make superficial attempts at balancing privacy and security
interests as security interests are being given primacy over both civil liberty interests as well as economic
interests.
• Breaking End-to-end Encryption – The traceability obligation (i.e. to track—and be able to identify—the
originator of any message) in the new rules is problematic as it would amount to breaking end-to-end
encryption provided for all users on platforms such as WhatsApp. This will give greater powers of surveillance
to state over personal affairs of citizens and tantamount to interference in right to privacy.
• Data Theft & Hacking – Breaking of end-to-end encryption will increase chances of data theft and hacking.
• Traceability clause capable of misuse – The rule as it’s currently drafted is vague and this allows the government
to use traceability power in a broad way and therefore open to misuse. Thus, to use traceability powers, court
must clarify the grounds and circumstances for its use by state authorities.
• Limited Purview of IT Act – Regarding digital news and media portals, the purview of the Information Technology
Act, 2000, is limited. It only extends to the blocking of websites and intermediary liabilities framework but does
not extend to content authors and creators.

12. INFORMATION TECHNOLOGY (INTERMEDIARY

GUIDELINES AND DIGITAL MEDIA ETHICS CODE)
AMENDMENT RULES, 2023
• Objective: For an Open, Safe, Trusted and Accountable Internet.
o These amendments layout a comprehensive framework for Online Gaming Ecosystem and also deals with
Fact checking related to online content pertaining to Government.
• Amendments: It has been made obligatory on the part of intermediaries to make reasonable effort to not host,
publish or share any online game that can cause the user harm, or the content that has not been verified as a
permissible online game by an online gaming self-regulatory body/bodies designated by the Central
Government.
o The self-regulatory body will have the authority to inquire and satisfy itself that the online game does not
involve wagering on any outcome.
o The amended rules also cast additional obligations on online gaming intermediaries in relation to online
games involving real money.
• These include the displaying of a mark of verification by the self-regulatory body on such games;
informing their users of the policy for withdrawal or refund of deposit, manner of determination and
distribution of winnings, fees and other charges payable; obtaining the KYC details of the users; and not giving
credit or enabling financing by third parties to the users.
• The amended rules now also make it obligatory on the intermediaries to not to publish, share or host fake, false
or misleading information in respect of any business of the Central Government. These fake, false or misleading
information will be identified by the notified Fact Check Unit of the Central Government.
13. JAN VISHWAS ACT
It amends 42 Acts to decriminalise certain offences, reduce the compliance burden on individuals and
businesses and ensure ease of doing business.
The Act amends 42 Acts which include: the Indian Post Office Act, 1898, the Environment (Protection) Act, 1986,
the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.
• Decriminalising certain offences: Under the Act, several offences with an imprisonment term in certain Acts
have been decriminalised by imposing only a monetary penalty. For example, under the Information
Technology Act, 2000, disclosing personal information in breach of a lawful contract is punishable with
imprisonment of up to three years, or a fine of up to five lakh rupees, or both. The Act replaces this with a
penalty of up to Rs 25 lakh. In certain Acts, offences have been decriminalised by imposing a penalty instead of
a fine. For instance, under the Patents Act, 1970, a person selling a falsely represented article as patented in
India is subject to a fine of up to one lakh rupees. The Act replaces the fine with a penalty, which may be up to
ten lakh rupees.
• Removal of offences: The Act removes certain offences. These include all offences under the Indian Post Office
Act, 1898.
• Revision of fines and penalties: The Act increases the fines and penalties for various offences in the specified
Acts. The fines and penalties will be increased by 10% of the minimum amount every three years.
• Adjudicating Officers: The central government may appoint one or more Adjudicating Officers for determining
penalties. These Officers may summon individuals for evidence and conduct inquiries into violations of the
respective Acts. These Acts include the Agricultural Produce (Grading and Marking) Act, 1937 and the Public
Liability Insurance Act, 1991. The Act also specifies the appellate mechanisms for the orders passed by these
Officers. For instance, in the Environment (Protection) Act, 1986, appeals against the Adjudicating Officer’s
orders may be filed with the National Green Tribunal within 60 days.

14. LOKPAL
Former Supreme Court judge A.M. Khanwilkar was appointed as the chairperson of the anti-corruption
ombudsman Lokpal on Tuesday, nearly two years after the post fell vacant.
15. SALIENT FEATURES OF POST OFFICE ACT, 2023
• Issuance of postal stamp: It states that India Post will have the exclusive privilege over issuing postage stamps.
• Services to be prescribed: Provides that India Post will provide services, as may be prescribed by the central
government.
• Director General to make regulations: Provision for the appointment of a Director General, who is authorized
to create regulations for all activities essential to postal service provision.
• Power of Interception: Allows interception of postal articles on grounds such as state security, friendly
relations with foreign states, public order, emergency, public safety, or contravention of the Act or other laws.
An authorized officer appointed by the central government can conduct interceptions.
• Examination of Postal Article: Empowers an India Post officer to deliver the postal article to the customs
authority or any other specified authority for handling.
• Exemption from liability: The government is exempt from liability for loss, mis-delivery, delay, or damage to
postal articles, unless the central government explicitly assumes liability. Officers are also exempt, except in
cases of fraud or wilful misconduct.
• Removal of offence and penalties: Provide for one offence or consequence that is unpaid amounts can be
recovered as arrears of land revenue.

16. 106TH CONSTITUTIONAL AMENDMENT

President of India gives assent to women’s reservation Bill which seeks to provide 33% reservation to women in
the Lok Sabha and State Assemblies.

PROVISIONS OF THE ACT

17. ELECTORAL TRUST SCHEME

• In the Electoral Bond Judgement, SC suggested Electoral Trusts as a better model to be followed which balanced
the need for transparency of electoral funding and the confidentiality and anonymity of donors.
• Any company registered under Section 25 of Companies Act, 1956, can form an Electoral Trust.
• Under Section 17CA of the Income-tax Act, 1961, any citizen of India, a company registered in India, or a firm or
Hindu Undivided Family or association of persons living in India, can donate to an electoral trust.
• The electoral trusts have to apply for renewal every three financial years.
• They must donate 95% of contributions received in a financial year to political parties registered under
Representation of the People Act, 1951.
• The contributors’ PAN (in case of a resident) or passport number (in case of an NRI) is required at the time of
making contributions.
• Transparency under Electoral Trust Scheme:
o Electoral trusts are mandated by law to maintain a list of contributions and submit to the Election
Commission of India. Such records must also be submitted to income tax commissioner along with an audit
report.
o Electoral Trusts receive donations from various donors and donate to various political parties. This makes it
difficult to determine to whom an individual donor may have contributed.
• During the period 2017-18 — the financial year in which Electoral Bonds were first made available — to 2021-
22, the money donated through Electoral Bonds was more than five times the amount that came through the
Electoral Trusts.