Election: (5:58 PM)

 It is mentioned in Part XV of the constitution from Article 324 to Article 329

 There shall be an election commission of India for superintendence, direction, and control of the
preparation of electoral rolls, and conduct of elections concerning:
 a) President
 b) Vice president
 c) Lok Sabha and Rajya Sabha
 d) State Legislature
 The ECI shall consist of a chief election commissioner and other election commissioners appointed
from time to time. (Presently two)
 The chief election commissioner shall be removed in a manner similar to a Supreme Court judge,
while other election commissioners are removed on the recommendation of the chief election
commissioner.
 There is an ongoing demand to have a collegium for recommending the names of CEC and ECs, and
also to give security of tenure to ECs.
 This will promote the independence of ECI.
 Article 325:
 There will be no separate electoral roll, and no one shall be eligible or ineligible to be included in the
electoral roll on the grounds of religion, race, caste, and sex.
 Article 326 (Universal Adult Suffrage):
 every person who is a citizen of India and has attained 18 years of age (reduced from 21 years by the
61st Constituent Amendment) shall be entitled to vote.
 The appropriate legislature may provide additional grounds for the disqualification such as non-
residence, unsoundness of mind, crime or corrupt practice, etc.
 Article 327:
 Parliament shall make laws with respect to matters related to elections.
 Article 328:
 The state legislature may, if the Parliament has not enacted, make laws with respect to matters of the
election to the state legislature.
 Article 329:
 No election shall be challenged except through an election petition filed before the authority decided
by the appropriate legislature.
 Representation of People Act, 1951 provides that an election shall be filed only before the
jurisdictional High Court within 45 days of the declaration of the result either by one of the members
of the electoral roll of that constituency or by one of the candidates.
 No law relating to the delimitation of constituencies shall be questioned in any Court.
Chronology of an election: (6:42 PM)
 The election schedule is announced by the Election Commission of India.
 Election notification is issued by the Governor and President respectively, with respect to the state
legislature and Parliament election.
 The date of nomination is released.
 Scrutiny of nominations is done.
 A list of accepted and rejected nominations is published.
 The window for withdrawal of any accepted nomination is provided.
 A list of the final candidate is published.
 Electoral silence of 48 hours before the time fixed for the conclusion of the poll.
 Date of the election.
 Date of the election result.
 Elected candidates carry certificates of election by the returning officer.
Representation of People Act, 1950: (7:08 PM)
 Major features related to the office of the chief electoral officer, electoral registration officer, and
district election officer.
 The allocation of seats to Lok Sabha is in Schedule I
 The allocation of seats to the state legislative assembly is in Schedule II
 The allocation of seats to the state legislative council is in Schedule III.
 Provisions of delimitation.
 Matters related to the preparation of the electoral roll.
Representation of People Act, 1951 (7:24 PM)
  Qualification to be a member of Lok Sabha, Rajya Sabha, state legislative assembly, and state
legislative council.
 Additional grounds for disqualification
 Notification for elections.
 Administrative machinery for the conduct of elections.
 Registration of political parties.
 Nomination of candidates.
 Conduct regarding elections, by-elections, etc.
 Election-related disputes.
 Electoral offenses.
Brief definitions of election-related terms (5:14 PM)
 Assistant Electoral Registration Officer:
 The Election Commission may appoint one or more persons as Assistant Electoral Registration
Officers to assist an Electoral Registration Officer to prepare the electoral roll of the Constituency
under his charge
 Assistant Returning Officer:
 The Election Commission may appoint one or more persons as Assistant Returning Officers to assist a
Returning Officer in the conduct of election for the Constituency under his charge.
 Booth Capturing:
 Booth capturing means the unauthorized casting of votes by some person other than the genuine voter
 Bribery:
 Bribery may be described as an inducement to a person, by wrong means, to do or not to do a thing
which he may otherwise have not done or done.
 Election Manifesto:
 An election manifesto is a published document containing the declaration of the ideology, intentions,
views, policies, and programs of a political party,
Model Code of Conduct (5:30 AM)
 But no statutory backing.
 In Union of India Vs Harbans Singh Jalal and Others the Supreme Court Validated the Model Code of
Conduct.
 S. Subramaniam Balaji v/s Government of Tamil Nadu & Others, wherein the court observed that
Model Code becomes enforceable from the date of announcement of the election program.
 It remains in force till the completion of the election process.
 In February 2014, an additional Part VIII was added to Model Code to regulate the issue of election
manifestos by political parties.
 Prepared after consultation with Political Parties
ELECTION COMMISSION OF INDIA
 Provided in Article 324, it is a constitutional body.
 Chief Election Commissioner(CEC) and Election Commissioner(EC) have the same powers, same
salary, same service conditions, and the decision by the majority
 CEC – removed as Judge of the Supreme Court
 EC – removed on the recommendation of CEC
 Composition
 CEC + other Election Commissioners which President Time to Time fix.
 Tenure
 65 years – 6 years(1 term)
 Regional Commissioners may be appointed by President in consultation of the Election Commission.
Political Parties & Election Symbols Order – 1968 (5:55 PM)
 A recognized political party shall either be a National party or a State party
 Refer to the handout for the conditions to be met for a party to be declared a national party or state
party
 The Election Commission of India decides over the disputes related to symbols in case of a:
 (a) Split of a party
 (b) A state-recognized political party has a symbol reserved in the entire state
 (c) Same goes for a National Party that is recognized – a symbol reserved in the entire country
 This is all guided by Election Symbols Order, 1968
Electoral Bonds (6:51 PM)
 The concept of electoral bonds was introduced through the Finance Act of 2017.
  The National Commission to review the working of the Constitution also highlighted the High Cost of
Elections as the reason for corruption.
 RBI designated SBI as the bank to sell bonds.
 It must be exchanged (submitted) within 15 days i.e. they are valid for 15 days from the date of
issuance.
 Must be bought after complying with KYC Norms.
 The amended Section 182 of the Companies Act 2013 removes the requirement by companies to
declare contributions made to political parties through Electoral Bonds.
 Previously, the companies could contribute up to 7.5% of the average last three years' average profit.
 This provision has been done away with. No such restriction now.
 Conditions for Electoral Bonds:
 Only parties registered under the RPA 1951, which secured not less than one percent of the votes
polled in the last General Election to the House of the People or the Legislative Assembly of the
states.
 Positives :
 (a) KYC Norms would need the channelizing of black money
 (b) In addition to Electoral Bonds Provisions like not taking more than 2,000 cash will end the use of
Black Money
 (c) Money being channeled to Political Parties is documented and accounted for in banks which may
be retrieved by enforcement agencies
 Challenges:
 (a) Anonymity
 (b) Only SBI designated giving the upper hand to the ruling party to gain information.
 (c) Removal of 7.5 Percent Cap
 (d) Now, even Foreign Companies having majority stakes companies can contribute.
State Funding of Elections (7:10 PM)
 State Funding of elections has been a long pending issue and it is extremely important for free and fair
elections.
 Disadvantages of Corporate Funding
 (a) It is tilted towards the party in power
 (b) Corporates expect the quid pro quo in terms of policy favors
 Challenges related to State Funding of Elections
 (a) Limited fiscal capacity of the State
 (b) If given to Recognised Parties, the Registered Parties would cry foul of violative of the Principle
of Equality
 Indrajeet Gupta committee recommendations (In the context of state funding of elections)
 (a) It should be given in kind and not, in cash
 (b) only to recognized political parties
 (c) complete account should be with the Election commission of India.
Simultaneous Holding of Elections (7:22 PM)
 Simultaneous elections at the national and state level.
 Positives
 (a) Saves time
 (b) Saves energy
 (c) MCC is enforced for a very limited time
 (d) Populist measures and compulsions shall be avoided
 (e) Nation will save a huge amount of money
 (f) Stability will lead to better decision-making and analysis of future government actions (certainty)
 Challenges
 (a) Constitution needs to be amended to ensure that there is a Confidence Motion along with every
No-Confidence Motion
 (b) States may not agree to such proposals.
 (c) Some experts argue that it will give the edge to National Party. National Parties with huge
resources at their bay would beat a higher pedestal.
 (d) Some experts also believe that the National Parties will also reap electoral dividends compared to
state parties.
NONE OF THE ABOVE – NOTA (7:31 PM)
  Apex Court in People’s Union in Civil Liberties Case, 2013 – ruled that Rule 49(O) of Conduct of
election Rules, 1961 is ultra vires with Article 19 of the Constitution.
 This was already present before, supreme court judgment made NOTA, an option on the voting
machine
 Positives
 (a) Voter participation would be high due to the option of NOTA
 (b) Voter’s frustration is exhibited through NOTA
 (c) Political Parties may realize over a period of time and it may compel them to bring in better
candidates
 Negatives
 (a) Merely a cosmetic provision will not lead to the defeat of the candidate.
 (b) NOTA should also be clubbed with the Right to Recall.
Exit Polls and Opinion Polls (7:42 PM)
 Exit polls
 Explicitly provided in Section 126(a) of the RPA, 1951 that restricts the dissemination of voter’s
choices taken after they have voted
 The Election Commission of India bans Exit Poll in pursuance of the Act from the first day of the 1st
phase to half an hour after the voting ends in the last
phase
 Opinion Polls
 They are as such not banned explicitly through RPA, 1951, but the provisions of Section 126 in RPA,
1951 (not explicitly given)
 The Opinion Polls are banned under this provision 48 hours before the polling ends
Proxy Voting and NRI Voting (7:55 PM)
 NRI – Non-Residential Indians – living outside India.
 NRI – register and has to come and vote physically.
 India doesn’t support e-voting as of now
 The Postal Voting facility is available to government servants posted outside, Army Personnel (wife
of army personnel is allowed), and other classes defined by ECI in consultation with the Government.
( Section 60 of RPA 1951).
 The overseas staying NRIs can register through Form 6A.
 The ECI, in December 2020 showed readiness to implement an electronically transmitted postal ballot
system.
Criminalisation of politics(05:024 pm)
 Section 8 deals with the Disqualification of representatives on conviction for certain offences. The
various sub-clauses include
 8 ( 1 ): A person convicted of an offence punishable under certain acts of the Indian Penal Code,
Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of
Corruption Act 1988, Prevention of Terrorism Act 2002 etc. shall be disqualified, where the convicted
person is sentenced to —
 (i) only fine, for six years from the date of such conviction;
 (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further
period of six years since his release.
 8 ( 2 ): A person convicted for the contravention of—
 (a) any law providing for the prevention of hoarding or profiteering; or
 (b) any law relating to the adulteration of food or drugs; or
 (c) any provisions of the Dowry Prohibition Act, 1961.
 8 ( 3 ): A person convicted of any offence and sentenced to imprisonment for not less than two years
[other than any offence referred to in subsection (1) or sub-section (2)] shall be disqualified from the
date of such conviction and shall continue to be disqualified for a further period of six years since his
release.
 A fourth subsection, i.e., 8 ( 4 ) was struck down by the Supreme Court in 2013 (Lily Thomas case).
 This subsection had provisions for convicted lawmakers to retain their seats if they filed an appeal
within 3 months of their conviction.
 In 2013, the Patna High Court also debarred persons in judicial or police custody from contesting
elections.
Reasons(05:40 pm)
 Vote Bank Politics (Caste, Religion factor)
  It has been observed that many a time, masses vote based on caste or religion irrespective of the
criminal background of the candidate fielded by the political party. This emboldens both the political
party and the individuals with criminal records to contest the elections and even win them.
 Corruption and money power
 Candidates with serious records seem to do well despite their public image, largely due to their ability
to finance their elections and bring substantive resources to their respective parties.
 Acceptance among the masses
 It has been observed that there is an acceptance of the criminalisation of politics among the masses.
Also, sometimes voters are left with no options, as all competing candidates have criminal records.
 Lack of idealism
 The absence of morality and idealism in society at large creates an attitude of indifference.
 Measures Taken:
 The Apex Court in the Union of India Vs The Association for Democratic Reforms, 2002
case ruled that the Nomination papers shall include criminal antecedents, educational qualifications
and financial information to assets, liabilities etc.
 Apex Court in People’s Union for Civil Liberties Case provided for a NOTA button in EVM. This
has led to the venting of citizens’ anger and their exhibition of dissent in the case of all the candidates
is not acceptable to them.
 Lily Thomas v. Union of India, 2013 – struck down Section 8(4) of RPA, 1951, which allowed the
convicted politicians to escape disqualification by acceptance of an appeal in a Higher Court. This has
led to a situation where politicians are immediately disqualified on conviction.
 Special Fast Track Courts have been established to expedite the cases against elected
representatives.
Union Territories(05:57 pm)
 Background:
 The 7th CAA deleted the 4-fold classification i.e Group A B C D.
 The concept of UT was introduced.
 UTS are dealt with in parts 8 (Art 239 to 241).
 The UTs have been created due to diverse reasons such as political and administrative considerations,
cultural distinctiveness, strategic importance, special treatment etc.
Constitutional provisions(06:04 pm)
 The Constitution of India provides several articles related to union territories in Part VIII, which deals
with the Union Territories. The relevant articles are:
 Article 239: Article 239 provides for a: subject to parliamentary law UTs shall be administered by the
president through an administrator with a such designation he or she may specify.
 The president may appoint the governor of a state as an administrator of adjoining UT where he will
act independently of the council of ministers.
 239 A: Parliament may by law create the UT of Puducherry legislative assembly comprising of
partially elected and partially nominated members. (30 elected plus 3 nominated by central govt.)
 239AA: Insered by 69th CA(1969).
 There shall be a legislative assembly for Delhi filled with members chosen by direct election.
 The UT of Delhi shall be known as the NCT of Delhi.
 The UT legislative assembly shall be empowered to make laws on matters enshrined in state and
concurrent lists and accept police land and public order.
 The parliamentary law shall prevail over the law passed by the legislative assembly on all three lists.
 The CM and COM shall be appointed by the president and the strength of COM shall be not more
than 10 per cent of the strength of UT LA.
 The LG of the governor shall act on the aid and advice of COM on matters on which the LA can make
laws.
 The LA of Delhi shall also have seats reserved for SC.
 If there is a difference of opinion between LG and COM, the matter shall be referred to the President
and LG shall act accordingly
 LG meanwhile shall decide if it is an urgent matter.
 The constitutional bench of SC on 4th July 2018 delivered a landmark verdict Govt. of NCT of Delhi
vs UOI. and delivered the following rules:
 The principles of the constitution especially concerning democracy and federalism have to be
respected.
  The rule of purposive construction was brought wherein the objective behind the amendment was
inquired into rather than any other interpretation.
 The term 'any matter' does not mean every matter and it can not be invoked regularly.
 Amendments to Govt. of Delhi NCT ACT 1991 in 2020:the expression 'Government's any law
passed by the LA assembly would mean LG.
 The rules of conduct of the business of UT LA shall be consistent with the rules of procedure and
conduct of the business of Lok sabha.
 Before an executive action of any decision by COM, the opinion of LG shall be obtained.
 The LA of Delhi shall not make any rule empowering itself or any of its committees to consider the
matter of day-to-day administration of the Capital or conduct inquiries.
 The UT of Delhi under art 239 (AB) can witness the imposition of administration by the president but
technically it is not the president's rule because provisions of art 356 do not apply to UTs.
 If the prez on the receipt of the report from LG or otherwise is of the opinion that UT administration
can not be carried on as per the provisions of art239(AA), then the president can suspend the
operation of art 239 (AA)
 239(B): Under this article, the Administrator of Puducherry is empowered to promulgate an ordinance
when the legislative assembly is not in session.
 The ordinance has to be approved within six weeks of reassembly by the legislature.
 No ordinance shall be promulgated by the administrator when the legislature is dissolved or
suspended except after obtaining instruction from the president.
 The UTs of Delhi/Puducherry/J&K have legislative assemblies.
 While Puducherry LA, by a parliamentary law under art 339 A. In the case of Delhi, it is directed
by 239 (AA).
 The UT of J&K has a legislative assembly as per the Jammu Kashmir Reorganisation ACT.
 Article 240 [05:28 pm]
 President may make regulations for Peace, Progress, and good government in the Union
Territory(UT) of Andaman Nicobar, Dadar Nagar Haveli, Lakshadweep, Puducherry, Daman & Diu.
(For Puducherry until Legislature comes to life or remains suspended or dissolved).
 The regulations so made may repeal or amend any act of Parliament wrt that Union Territory and shall
have the same force and effect as an act of Parliament.
 Article 241
 It provides for Parliament to constitute High Court for a Union Territory or declare any High Court to
be a High Court for that Union Territory(UT).
 The UT of NCT of Delhi and Jammu and Kashmir (J&K) has High Court.
 The other UTs are attached to some High Court.
Jammu and Kashmir Reorganisation Act [05:55 pm]
 Article 370
 The provisions of Article 1 and Article 370 shall apply to Jammu and Kashmir.
 The provisions of Article 238 shall not apply.
 The President may by order:
 a) Authorise the Parliament to make laws on those subjects corresponding to the instrument of
accession, and extend those Articles of the Indian Constitution to J&K, in consultation with the J&K
government.
 b) Authorise the Parliament to legislate on those matters outside the instrument of Accession and
extend those articles of the Indian Constitution which are not related to the instrument of Accession,
in concurrence with the J&K government.
 c)The President may by order declare that Article 370 shall cease to be in operation partially or fully.
No such order shall be issued except on the recommendation of the Constituent assemble of J&K.
 Since the Presidential order of 2019 extended all the articles of the Indian Constitution the Parliament
enacted the J&K Reorganisation act in the exercise of powers under Article 3.
 Major provisions of the J&K Reorganisation act
 The Act created two Union Territories that is J&K with Legislature and Ladakh without Legislature.
 There shall be a lieutenant governor for J&K and Ladakh.
 The Legislative assembly of J&K shall have a tenure of 5 years.
 The State legislative council was abolished.
 The Legislative assembly of J&K shall make laws on subjects in the State list except for Public order
and Police.
 The High Court of J&K shall be a common High Court for J&K and Ladakh.
  There shall be a council of ministers consisting of not more than 10% of the strength of the J&K
Legislative assembly.
 The LG shall act on the aid and advice of the Council of Ministers except in matters of discretion, on
those matters which fall within the legislative domain of the J&K Legislature.
 The LG shall act in discretion wrt All India services and matters.
 The ministers shall take Oath as prescribed in the 4th schedule of the Act.
 Critical Analysis
 It will promote Peace and further the goal of national integration.
 The abrogation of Article 370, an extension of all articles and laws would lead to the simplification of
the legal system.
 It will open avenues for economic development, employment, and investment opportunities.
5th schedule [05:29 pm]
 The provisions of the 5th schedule were incorporated to provide for special treatment of certain tribal
areas and the requirement to maintain their cultural autonomy.
 The 5th schedule also promotes their development.
 The president is empowered to declare a scheduled area and any alteration of boundary is done in
consultation with the Governor.
 The center can give executive directions to the state with respect to the administration of such areas.
 A special responsibility is put upon the Governor to submit a report annually with respect to the
administration of such areas.
 There shall be a Tribal Advisory Council(TAC) to advise on the welfare and advancement of
Scheduled Tribes.
 A State that does not have a scheduled area but a Tribal population may also have TAC.
 The Governor may make regulations in consultation with TAC that restricts the transfer of land,
regulate the business of money lending or repeal and amend an act of Parliament or State
Legislature(the regulation requires the assent of the President)
 Under Article 339, the President is empowered to appoint a Commission to make recommendations
with respect to the welfare of scheduled tribes and Scheduled Areas.
 Two such Commissions have been established to date namely U.N.Debhar and Bhuria Commission.

Sixth Schedule (1:34 PM)

 The constitution has been drafted keeping diversity in mind and our constitution.
 Our constitution follows Asymmetric federalism.
 The provisions of the sixth schedule have been incorporated for those areas, where there is distinct
culture, custom, and civilization.
 The provisions promote cultural autonomy.
 The Sixth Schedule applies to Assam, Meghalaya, Tripura, and Mizoram.
 The Governor of these states is empowered to create, organize, and reorganize autonomous districts.
 They fall within the executive authority of the state government.
 The governor, creates these autonomous districts and can also, divide them into several autonomous
regions.
 Generally ADCs (Autonomous District Councils) has 30 members, 26 elected and 4 nominated.
 Bodoland territorial council has 46 members owing to the larger area it encompasses.
 ADCs have been empowered to make laws governing the inheritance of property, marriage, divorce,
shifting cultivation, etc.
 These laws require the approval of the governor.
 The ADCs can also constitute village councils for the trial of suits, schools, dispensaries, fisheries,
markets, etc.
 They are also empowered to impose some specified taxes
 The enactment of parliament or state legislature shall either not apply to these areas or apply with the
exception for modification.
 *( Governor of Assam is authorized with respect to both parliament and state legislatures, while in
case of Meghalaya, Mizoram and Tripura, the governor is authorized for state laws, while President
shall decide overlaws passed by Parliament)
 The governor can appoint a commission on any matter that is related to these autonomous districts.
Official languages Commission (2 PM)
  Under article 344 of the constitution, the president after the expiry of five years, from the
commencement of the constitution, and after the expiry of 10 years thereafter, by order shall
constitute a commission.
 This should consist of the chairman, and members representing different languages specified in the
eighth schedule.
 Functions:
 (a) Progressive use of the Hindi language for the official purposes of the union
 (b) Restriction on the use of the English language for all or any, purpose of the union.
 (c) Form of Numerals to be used for any one or more specified purposes.
 There shall be a committee constituted of 30 members (20 from Lok Sabhas and 10 from Rajya
Sabha), elected by proportional representation single transferrable vote.
 The committee shall examine the recommendation of the commission.
Citizenship (2:09 PM)
 Citizenship reflects the relationship with the state and certain rights are available only to the citizens.
 The following privileges are only available to the citizens:
 (a) Article 15
 (b) Article 16
 (c) Article 19
 (d) Article 29(1) and 29(2)
 (e) Article 30
 (f) Article 326 (Right to vote)
 (g) Right to contest election to the office of president, vice president, house of people, the council of
state, state legislative assembly, and state legislative council
 Article 10 empowers the parliament to decide upon, matters concerning the continuation of
citizenship.
 Article 11 empowers the parliament to decide on matters relating to acquisition, termination, etc
 Entry 17 of the union list is citizenship
 In pursuance of articles 10 and 11, the parliament enacted the citizenship act 1955, as amended from
time to time.
 The parliament enacted Citizenship Act 1955, which provides for citizenship on five grounds.
 Five grounds on which Citizenship can be provided:
 (a) Birth
 (b) Registration
 (c) Acquisition
 (d) Naturalisation
 (e) Descent
National register of Indian Citizen(3:37 PM)
 It is provided in sec 14 A of the Citizenship Act 1955
 Sec 14 A was inserted by the Citizenship amendment act in 2004.
 Sec 14 A authorizes the central government to compulsorily register every citizen of India and
establish a national registration authority.
 The Registrar General of India shall be National Registration Authority.
 The procedure to be followed in compulsory registration shall be prescribed by the central
government.
National Population Register
 National population register is prepared to have a comprehensive database of the usual residents of the
country.
 It is mentioned in Citizenship (Registration of Citizens and issue of National Identity Cards) Rules,
2003.
 It doesn't have statutory backing.
 NPR exercise was conducted in 2010 and was merged with Aadhar data in 2015.
 The NPR is a self-declaratory process and doesn't require any document.
 The data of NPR shall be used for NRC which has not been conducted under the act yet, and there is
no announcement or any expectation in near future.
 *(It is subject to the discretion of the government to conduct NRC)
Citizenship Amendment Act (3:48 PM)
 Citizenship act, of 1955 was amended in 2019, where it was added-
  Any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian community from
Afghanistan, Bangladesh, or Pakistan, who entered into
India on or before the 31st day of December 2014 exempted by the central government under the
foreigners act or Passport(Entry into India) Act, shall not be treated as an illegal migrant.
 Subject to certain conditions they may be granted the certificate of registration or naturalization.
 The third schedule was amended for them to five years, as the aggregate period of residence, or the
service of the Government of India.
Overseas Citizenship Of India (OCI) Cardholder(1:31 PM)
 The OCI cardholder is a special status, given to promote diasporic connection.
 The government constituted the L.M. Singhvi committee in 2000 to examine the relationship with the
diaspora.
 On 9 Jan 2015, the PIO scheme was nullified and all of them would be merged with OCI.
 There is thus, an overseas citizen of India cardholder scheme.
 (* Refer to material for qualification for this scheme)
 The overseas citizens of India enjoy the following benefits:
 (a) Multiple entry lifelong visa.
 (b) Exemption from foreigner's regional registration officer (FRRO) for a stay in India.
 (c) Buy properties in India except for agricultural and plantation property.
 (d) The OCI cardholders shall be treated at par with respect to entry into national monuments, national
parks, wildlife sanctuaries, etc.
 (e) The OCIs are allowed to practice professions like doctors, dentists, architects, CA's, etc.
 (f) They are allowed for all activities, except for research work permission is required.
 The OCI cardholder scheme, thereby promoting the diasporic connection and also, keeping in mind
their contribution certain privileges are bestowed.
Pardoning Powers(1:52PM)
 The pardoning power of the president and governor is exercised as per Articles 72 and 161
respectively.
 It is a constitutional power.
 The following powers are exercised:
 (a) Pardon
 Absolves the person of both sentence and conviction.
 (b) Commutation
 It changes the character of a punishment without changing the quantum
 It means rigorous imprisonment can be changed into simple imprisonment
 But it will not alter the quantum of punishment.
 (c) Remission
 It changes the quantum of a punishment without changing the character.
 For example, Rigorous imprisonment of two years to rigorous punishment of one year.
 (d) Respite
 It is awarding a lesser sentence, due to special circumstances such as physical disability, any other
health condition, etc.
 The respite is exercised, keeping in mind the special circumstances.
 (e) Reprieve
 It is a temporary stay on execution especially that of death, to enable the convict, to seek pardon from
the president.
 SC Judgments
 In Maru Ram vs Union of India, the apex court ruled that pardoning should not be arbitrary and is to
be exercised on aid and advice of the Council of Ministers.
 The powers are very wide and cannot be allowed to run riot.
 In the Kehar Singh case, pardoning was recognized as a constitutional responsibility.
 In Bachchan Singh's case, the doctrine of rarest of rare was propounded, in death penalties.
 In Epuru Sudhakar Case, the court acknowledged limited judicial review.
 In Bikas Chatterjee Case, the court observed that malafide can be checked in the pardoning decision.
 In the Shatrughan Chauhan case, the apex court acknowledged that inordinate delay in the disposition
of the mercy petition, can be the ground to commute the death sentence.
 The Scholars have been arguing against the death penalty because it is a form of retributive justice.
 In the Re Channucadu case, the apex court opined that pardoning is a constitutional scheme rather
than grace.
  The aggravating and mitigating circumstances, must be kept in mind while deciding on the death
penalty.
 'I have always found that mercy bears richer fruits than strict justice.' -Abraham Lincoln
 Difference between pardoning powers of President and Governor (2: 26 PM)
 The governor cannot pardon a death sentence, or exercise pardoning power in the court martial.
 Governor shall exercise pardoning power in those cases where the executive power of the state
extends.
 Provisions in CrPC (2:55 PM)
 The constitutional scheme under Articles 72 and 161, is different from the provision of remission in
CrPC.
 Sec 432 of CrPC
 State governments have their own remission policy
 Sec 433 A of CrPC
 The remission under 432 shall not be exercised, in a case where the maximum punishment is death,
while life imprisonment was awarded. Unless he has completed 14 years in prison.
 Sec 435 of CRPC
 It provides for consultation with the Central government in exercising remission where the case was
investigated under the Delhi Special Police Establishment Act or central act.
 The remission policy is thus governed by the CrPC.
 Laxman Naskar case Vs Union of India
 In the Laxman Nashkar case, the apex court laid down the following guideline while exercising
remission.
 (a) whether the offense is an individual act of crime, that doesn't affect society.
 (b) There is the chance of a crime being repeated in the future.
 (c) Whether the convict has lost the potential to commit the crime.
 (d) Whether any purpose is being served in keeping the convict in prison.
 (e) Socioeconomic condition of the convict's family.
Doctrines (3:09 PM)
 Doctrines are principles laid down to serve as the guiding thoughts for judicial review.
 Doctrine of severability
 It promotes the upholding of other sections by striking off or severing, that section, which is
inconsistent with the constitution.
 the valid and invalid provisions have to be separated and if the rest part cannot stand on its own, then
the entire law is declared invalid.
 Doctrine of Eclipse
 In the Bhikaji case, the apex court laid this doctrine.
 It means that a pre-constitutional or existing law, inconsistent with fundamental rights, shall become
inoperative or eclipsed by fundamental rights.
 Any subsequent amendment to fundamental rights that removes the inconsistency will bring the law
out of eclipse.
 Doctrine of Colorable Legislation
 In Narayan dev vs the State of Orissa, the apex court, ruled with respect to this doctrine.
 It is based on the maxim, what cannot be done directly, cannot be done indirectly.
 Doctrine of Pith and Substance
 Prafulla vs Bank of Commerce
 The doctrine provides that, while exercising judicial review, the Pith and substance shall be checked,
to examine the true nature of the law.
 Any incidental encroachment shall be ignored.
 Doctrine of Harmonious Construction
 The apex court has dealt with this doctrine in cases such as Shankari Prasad, S. Satpal Reddy vs. State
of Andhra Pradesh, etc.
 The doctrine lays down the principle that seemingly contradictory provisions must be construed in
such a manner, so as to reconcile the differences.
 It is to avoid conflict by harmonious interpretation.
Officer for Linguistic Minorities (3:39 PM)
 It is a constitutional office headquartered in New Delhi.
 There are 3 regional offices - Kolkata, Chennai, and Belgaum (Karnataka).
 The report is submitted to the president through the ministry of minority affairs.
  Special Officer for Linguistic Minorities was incorporated through the 7th constitutional amendment
in article 350B of the constitution.
 The report is submitted to the president through the ministry of minority affairs.
Finance Commission (3:45 PM)
 The finance commission is the balancing wheel of fiscal federalism, as envisaged under article 280 of
the constitution.
 The constitution provides for a chairman and 4 members but qualification is determined by the
parliament.
 The major functions of the finance commission are;
 (a) Distribution of net proceeds of taxes to be shared between the centre and states.
 (b) The principles that should govern grant-in-aid.
 (c) The measure to be taken to augment the consolidated fund of the state for better devolution of
funds to PRIs and ULBs.
 (d) Any other matter that is referred by the president.
UPSC/SPSC(5:46 PM)
 These are constitutional bodies.
 Joint public service commissions are statutory bodies.
 Membership ( UPSC ):
 The composition is determined by the President and not specified in the Constitution.
 Normally 9 to 11 members including that of the Chairman.
 Membership ( SPSC ):
 The composition is determined by the Governor and not specified in the Constitution.
 Qualification ( UPSC & SPSC Members):
 Not specified with the only condition that one-half of the members should have held office for at least
ten years either under the Government of India or under the Government of the state.
 Tenure-
 6 years in office or 65 years of age whichever is earlier for UPSC & 6 Years in office or 62 years of
age whichever is earlier for SPSC.
 Removal ( Same for both UPSC & SPSC ):
 Can be Removed by President in the following cases:-
 (a) If adjudge insolvent.
 (b) If engaged in paid employment outside the office.
 (c) If in the opinion of the President unfit to continue by reason of infirmity of mind or body.
 For other matters such as misbehavior the inquiry is conducted by Supreme Court and binding advice
is rendered to the President leading
to removal.
 UPSC conducts exams for All India Services and Central Services and also serves the needs of a state
if requested by the Governor with the approval of the President.
 SPSC conducts examinations for recruitment to different services of the state.
 It is consulted in matters of recruitment, disciplinary matters, etc
 UPSC / SPC is not consulted in matters of reservation
 UPSC/ SPSC is not consulted in matters, related to reservations, diplomatic appointments, etc. It is a
recommendatory body.
 The President places before both houses of the Parliament the Report of UPSC along with the action
taken and reasons for nonacceptance of any advice.
Goods and Services Tax (GST) Council (6:06 PM)
 The GST Council was established through the 101st Constitutional Amendment.
 The Union Revenue Secretary acts as the ex officio secretary to the council.
 GST Council is the constitutional body under Article 279A of the constitution.
 Article 279A was implemented through a presidential order that constituted the council.
 The GST has revolutionized indirect taxation in the country.
Comptroller and Auditor General (C&AG)(6:07 PM)
 It is provided under Article 148.
 Dr. BR Ambedkar termed the office of C&AG shall be the most important officer under the
Government.
 C & AG is the guardian of Public Purse.
 He is not eligible for further employment after retirement.
 Removal in a manner similar to that of the SC judge.
  Tenure - 6 years or 65 Years of age whichever is earlier.
 The certification of CAG is final with respect to net proceeds ( Article 279).
 The office of CAG is a unitary feature.
 It is a powerful office. E.g.- Ex CAG revealed that Rs 1.76 lakh crore of “presumptive loss” to the
exchequer in 2G allocation.
 C & AG is not eligible to be employed further under the Government of India after the relinquishment
of the post of C & AG but he can take constitutional posts.
 Major Functions:-
 (a) Audits the expenditure from the Consolidated Fund of India, Consolidate Fund of Each State and
Union Territory with the legislature, Contingency Fund of India, Public Account Fund of India & of
different States.
 (b) Article 150 of the Indian Constitution provides for C & AG advising the President in the form the
accounts of Union and States shall be kept.
 (c) C & AG facilitate the accountability of the executive towards the Parliament in the Sphere of
Financial Administration.
National Commission for SC/ National Commission for ST ( Article 338 / Article 338 A ) (6:13 PM)
 To look into the safeguards provided by the constitution.
 Created under articles 338 and 338 A respectively.
 Membership:-
 SC / ST Commission:-
 Chairperson, Vice Chairperson, and three other members.
 Appointed by the President by his hand warrant and seal.
 The Conditions of service and tenure are determined by the President.
 They investigate and oversee the legal and constitutional safeguards for SCs/STs respectively.
 The National Commission for Scheduled Tribe also has additional functions such as safeguarding the
rights of Tribal Communities, their development, Livelihood measures, etc.
 The Central and State Governments also consult the commissions on matters related to SCs and STs
respectively.
 They also look into specific complaints.
 They have been bestowed with powers of a Civil Court with respect to Summoning, receiving
evidence on Affidavit, production of documents, etc.
 The reports of the commission are submitted to the president who places them before both Houses of
Parliament along with the action
taken on the recommendation and reasons for non-acceptance if any.
 The reports of the commission are also forwarded to the governor who places them before the
respective legislature along with the action taken and reasons for non-acceptance if any.
 Article 341- Presidential Order of Schedule caste (1950)
 Article 342- Presidential Order of Schedule Tribe (1956)
 Article 342A- Socially and Educationally Backward classes
National Human Rights Commission (6:11 PM)
 A statutory body established through the protection of the human rights act, of 1993.
 Limitations
 The commission can only inquire into violations of human rights that have taken place in the past
year.
 The NHRC is a recommendatory and advisory body.
 It can only seek a report from the central government.
 It cannot enquire into human rights violations by armed forces.
 Amendments in 2019:-
 Chairman can be SC Judge as well. Earlier, it was only CJI.
 Chairpersons of the National Commission of Backward Classes, the National Commission for
Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities have also been
added as ex officio members.
Central Bureau of Investigation(6:39 PM)
 It is a Non-Statutory Body, established using the provisions of the Delhi Special Police Establishment
Act, of 1946
 It is the premier investigative agency of the central government and also, investigates the request
made by Lokpaland Central Vigilance Commission.
 CBI is the nodal agency for Interpol
  It was established on the recommendation of the Santhanam Committee
 DSPE, 1946 was amended in 2013 to provide for the collegium to appoint the director of CBI.
 Collegium
 Prime Minister; Other members - Leader of Opposition/ Leader of the single largest opposition party,
Chief Justice of India/ a Supreme Court Judge.
 Challenges
 (a) Excessive political interference
 (b) Lack of autonomy with respect to human resources, finances, etc.
 (c) Delay in prosecution.
 (d) In recent times, there also have been differences within the CBI.
 (e) Section 6 provides for consent of states in arrests.
 Many states have withdrawn general consent, and they want case-by-case consent, which will hamper
the investigation.
 (f) It was primarily established for an investigation into corruption cases but is loaded with other
cases.
 Way forward
 It would be better if it takes cases related to corruption only (it was the primary purpose of the
formation of the CBI)
 CBI should be given statutory recognition and functional autonomy.
Enforcement Directorate(ED) (7 PM)
 ED functions under the department of revenue under the Ministry of Finance
 The ED investigates cases under the following laws.
 (a) Prevention of Money Laundering Act (PMLA)
 (b) Foreign Exchange Management Act (FEMA)
 (c) Conservation of Foreign exchange and Prevention of Smuggling Activities Act.
 (d) Fugitive Economics Offender Act
 Section 16 of PMLA- Survey
 Section 17 of PMLA- Seizure, and Search
 Section 19 of PMLA- Arrest
 Section 5 empowers them to hold inquiries and attach property (Even upheld by Supreme Court)
 ED has regional offices in Mumbai, Chennai, Chandigarh, Kolkata, and Delhi
 Major Criticism:
 (a) It is a specialized agency and should not be used for ordinary crimes.
 (b) Conviction rate is very low.
 (c) Randomness in the selection of the cases.
 Way Forward
 (a) statutory recognition and functional autonomy
 (b) There should be a broad principle to decide the selection of cases.
Niti Aayog
 After independence, Planning Commission and National Development Council were established.
 It is an extra-constitutional, non-statutory body created by an executive resolution.
 It is the premier policy think tank of the Government of India.
 Top-down (trickle-down approach)
 Elements of cooperative federalism were missing from the erstwhile Planning Commission. It
followed the Fountain approach (bottom-up approach)
 States are treated as equal partners in the national building.
 Composition:-
 Chairperson:- Prime Minister of India.
 Members:- Chief Ministers of all the states and Union Territories with the legislature and Lt.
Governors of other Union Territories.
 There is a provision for a Regional Council for specific purposes chaired by the chairperson of NITI
Ayog or his nominee.
 There are three wings:- Research Wing, Consultancy Wing, and Team India Wing.
 Major Objectives: Promote Cooperative Federalism, Design Policy, Monitoring, Evaluation, etc.
Lokpal and Lokayukt (7:24 PM)
 Lokpal and Lokayukt act is implemented because:
 (a) inquire into allegations of corruption
 (b) to properly implement the UN Convention against Corruption.
  (c) To provide clean and responsive governance.
 Structure:
 (a) 1 chairperson and not more than 8 members.
 (b) At least half of the members must have a judicial background and at least half should come from
SC, ST minorities, and women.
 (c) The act also fixes the term 5 Years Tenure or 70 years of age for the chairman or Members.
 Collegium:
 (a) Prime Minister.
 (b) Leader of Opposition in Lok Sabha.
 (c) Chief Justice of India or a sitting judge nominated by CJI.
 (d) Eminent Jurist.
 (e) Speaker of the House of people
 Jurisdiction:
 (a) The Prime Minister.
 (b) Ministers.
 (c) Members of Parliament.
 (d) Group A, B, C, and D officers and officials of Central Government.
 Secretary, other officers, and staff of Lokpal.
 (a) There shall be a Secretary to the Lokpal in the rank of Secretary to the Government of India.
 (b) There shall be a Director of Inquiry and a Director of Prosecution not below the rank of Additional
Secretary to the Government of India or equivalent
Important Laws (7: 50 PM)
 (a) MNREGA (Just brief)
 (b) RTI (Important)
 (c) PESA (Important)
 (d) Rights of traditional forest dwellers act (Important)
 (e) Food Security Act (Important)
 (f) Right to fair compensation and transparency in the Land Acquisition Act (Important)
 (g) Right to free and compulsory education Act (Important)
 (h) Wildlife Act, 1972
 (i) Environment Protection Act
 (j) Lokpal and Lokayukt Act
 The above laws have to be briefly covered and all the major amendments from the perspective of
current affairs have to be covered.