Summary

Polity Class 01

THE CLASS STARTED WITH A BRIEF INTRODUCTION OF PT 365 CLASSES AT: (05:04 PM):

KESHAVANANDA BHARATI JUDGEMENT: (05:19 PM):

Land Reforms has 3 Pillars:
a) Zamindari Abolition.
b) Tenancy Reforms.
c) Land Ceiling.
Bihar became the first State in India to launch the Bihar Land Reform Act of 1950 which abolished the Zamindari.
Article 14 (right to equality), 19[f] (right to own property), and 31 (No one should be deprived of his property except through law) posed a threat to the Bihar Land Reform Act.
Article 19[f] and 31 are abolished by the 44th CAA.
Article 300-A: No person shall be deprived of his property except by authority of law.
If an individual is deprived of his/her property he/she must be suitably compensated (this compensation must be fixed by law, to reduce the arbitrariness of the State).
Article 19(5): The following two grounds are mentioned:
a) General public interest.
b) Protection of interest of rights of Schedule tribes.
Article 13(2): The State shall not make any law that takes away or abridges the rights conferred.
The First CAA, 1951 introduced Art, 31 A, and 31 B, so the land reform could be implemented (articles like 14, 19, and 31 cannot be in contravention of the Land Reform)
The First CAA was challenged by the Shankari Prasad Case.
Article 31(c): States that a law giving effect to DPSPs (39b and 39c) shall not called to question on the grounds of violating Fundamental Rights Article: 14, 19, 31.
The landmark Keshavananda Bharati judgement, 1973 which propounded the basic structure doctrine completed 50 years.
For basic structure, the Court gave an indicative law (secularism, separation of power, etc.)
It dealt with a petition against the compulsory acquisition of land by the Kerala government under the Kerala Land Reforms Act 1963 (this law added into the 9^th Schedule), so the violation of Fundamental Rights (FRs) under Articles 25, 26 and 31 became null and void.
Question: Which one of the following was enacted in response to the Keshavanada Bharathi case?
44^th CAA.
42^nd CAA.
Article 368 (4).
Article 368 (5).
Only one. b. Only two.
Only three. d. All of the above.
Answer: ‘C’.
Question: What did the court establish about the relationship between Fundamental Rights & DPSPs in the Keshavananda Bharathi Case?
a) FRs can give way to the DPSPs in some circumstances.
b) DPSPs shall prevail over the FRs.
c) FRs are unamendable.
d) None of the above.
Answer: ‘A’.
Question: Which of the following is true w.r.t laws under the Schedule IX:
Laws placed in Schedule IX after 24^th April 1973 can violate the Basic Structure of the Constitution.
Laws placed in Schedule IX enjoy immunity w.r.t the FRs.
Laws placed in Schedule IX after 24^th April are subject to Judicial review on grounds of violating Articles 19, 14, and 21.
The law placed in Schedule IX should only relate to the Land Reforms.
Only one. b. Only two.
Only three. d. Only four.
Answer: ‘B’.
The evolution of Keshvananda Bharati Case:
AK Gopalan Case, 1950.
Shankari Prasad Case, 1951.
Sajjan Singh Case, 1965.
Golaknath Case, 1967.

LOWER JUDICIARY: (06:25 PM):

District Judiciary:
The district judge is the highest judicial authority in the district.
The organizational structure, jurisdiction, and nomenclature of the subordinate judiciary are laid down by states. Hence, they differ slightly from state to state (Broadly three tiers below the high court).
Appointment, posting, and promotion of district judges are made by the governor of the state in consultation with the High Court
Article 121: No discussions shall take place in Parliament to the conduct of any Judge of the Supreme Court or a High Court in the discharge of his duties except for the removal of the Judge.
Two ways to appoint the District Judge (mentioned in articles 233, and 234):
a) By the conduct of an exam of the concerned Public Service Commission and the selected name sent to the High Court for further process done by the Governor of the State.
b) A person who has been for a minimum 7 years as an advocate
Article 234: Recruitment of judges other than District judge to the judicial services.
Article 233: Appointment of District Judge.
Supreme Court (SC) in the All India Judges Association v. Union of India case stated that the District judiciary’s independence is part of the basic structure.
Question: Why is the independence of the District Judiciary important?
It decides cases related to the Constitutional interpretation.
It decides cases that are related to federal matters.
It is the first court of instance for the citizens in most cases.
It has the power to issue writs for the enforcement of ordinary rights.
Only one. b. Only two.
Only three. d. Only four.
Answer: ‘A’.

ABROGATION OF ARTICLE 370: (06:40 PM):

A Constitution Bench of the Supreme Court recently upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.
Challenge In court:
The abrogation of 370 will set a wrong precedent as any State can be converted into a Union Territory through this method and it will impact the Federal Structure.
The petitioner argued that the abrogation should have been through the Constitutional Amendment Act under Article 368(2) and with the ratification of half of the state legislatures.
[Article 368(2): Any change in Article 54 shall require approval of half of the States].
Article 3: It provides that Parliament may by law form new states and alter areas, boundaries, or names of existing States.
Article 370: A Historical Context:
Instrument of Accession (IoA): In October 1947, Maharaja Hari Singh, the last ruler of J&K signed the IoA with India.
Article 35A: It stemmed out of Article 370 and gave powers to the J&K Assembly to define permanent residents of the state, their special rights, and privileges.
Article 370: Except for defense, foreign affairs finance, and communications, Parliament needed the state government’s concurrence for applying all other laws.

NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT (NCCSA), 2023:

Recently, the Government of National Capital Territory of Delhi (NCTD) (Amendment) Act 2023 received the assent of the President.
Issue:
Repeated referral of routine affairs of the Delhi govt. by the LG to the President.
In 2018, the Supreme Court directed the LG of Delhi not to refer the routine matters to the President except the matters related to the Land, Police, and Public Order.
This ruling of the SC has been overturned by the Central Govt. by bringing an ordinance in the form of
The governance model of Delhi NCT:
Classification as a Union Territory (UT): Under the States’ Reorganization Act of 1956, Delhi was classified as a UT, governed under Article 239 of the Constitution.
Key highlights of the NCTD (Amendment) Act 2023:
National Capital Civil Services Authority (NCCSA): It creates a new statutory authority NCCSA, to make recommendations to the Lieutenant Governor (LG).
1) Powers of the LG:
a) Matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG.
b) Matters where he/she is required by law to act in his discretion or exercise any judicial or quasi-judicial.
2) Primacy to LG: It expands the discretionary role of the LG by giving him powers to approve the recommendations of the NCCSA or return them for reconsideration.
The LG's decision will be final in the case of a difference of opinion between the Council of Ministers.
The LG is now Summoning prorogation, and dissolution of the Legislative Assembly, and matters on which the LG is to give an order in his sole discretion.
Question: Which of the following is true regarding the relationship between LG and the Council of Ministers (CoM) of Delhi?
1) In case of a difference of opinion the LG can refer the matter to the President for his opinion.
2) CoM can overpower the opinion of LG in matters related to land, police, & public order.
3) LG’s opinion shall be final in case of a difference of opinion with the newly constituted NCCSA.
4) A proposal related to the dissolution of the Legislative Assembly of Delhi does not need the approval of the LG of Delhi.
Answer: ‘3’

PREVENTIVE DETENTION: (07:17 PM):

Preventive detention means detention of a person without trial and conviction by a court, on a mere reasonable apprehension of him doing an activity dangerous to public order.
Provisions:
Protection against arrest and detention under Articles 22 (1) and 22 (2) is not available to a person arrested or detained under preventive detention laws (Article 22(3).
Both Parliament, as well as state legislatures, can concurrently make a law for reasons connected with the Security of a state.
Parliament has exclusive authority to make a law of preventive detention for reasons connected with the defense, foreign affairs, and security of India.
Article 22(4): An Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as Judges of a High Court has reported before the expiration of the said period of three months.
Question: Which of the following are true regarding preventive detention in India?
1) States do not enjoy the power to make laws for preventive detention.
2) Preventive detention can extend for more than 3 months under the COFEPOSA, 1974 in normal circumstances also.
3) The detained person shall have no right to know the grounds or facts based on which detention has been made.
a) Only one. b) Only two.
c) Only three. d) None of the above.
Answer: ‘D’.

PERSONALITY RIGHTS: (07:40 PM):

1) About Personality Rights:
Personality rights refer to the right of a person to protect his/her personality under the right to privacy or property. It includes name, voice, signature, images, or any other feature easily identified as markers of personality.
2) Personality Rights in India:
a) Right to publicity.
b) Right to Privacy.
3) Posthumous Personality Rights:
Emblems and Names (Prevention of Improper Use) Act, 1950.
IPC: If negative reference or derogatory representation is made to any deceased person's reputation or their family.

HATE SPEECH: (07:49 PM):

Hate speech has not been defined in any law in India.
However, hate speech generally refers to incitement to hatred primarily against a group of persons. Hate speech can be conveyed through any form of expression, including images, cartoons, memes, object gestures, and symbols and it can be disseminated offline or online
Section 153 A and 295 A of the IPC regulates Hate Speech.
Bharatiya Nyaya Sanhita, 2023:
Section 196 (1) penalizes promoting enmity between different groups.
Section 299 defines punishment for deliberate and malicious acts intended to outrage the religious feelings of any class.
Section 353 (1) and (2) penalize the publication or circulation of any statement, etc.
Representation of People Act, 1951:
Section 8 disqualifies a person from contesting an election if he is convicted for indulging in acts amounting to illegitimate use of freedom of speech and expression.
Section 123(3A) and Section 125 prohibit the promotion of enmity on the grounds of religion.
Protection of Civil Rights Act, 1955:
Section 7 penalizes incitement to and encouragement of

PLACES OF WORSHIP ACT, 1991: (08:02 PM):

About Places of Worship (Special Provisions) Act, 1991.
The Act declares that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
It says no person shall convert any place of worship of any religious denomination into one of a different denomination or section.

EIGHTH SCHEDULE OF THE CONSTITUTION: (08:10 PM):

Odisha Cabinet has proposed the inclusion of the Kui language in the 8th Schedule.
Schedule 8 Benefits:
a) Support from the govt. to develop.
b) Recognition from the Sahitya Academy.
c) Can be used in assembly and Parliament debates.
d) Can be used in All India Competitive Exams.

TOPICS OF THE NEXT CLASS: Coverage of all topics related to the Judiciary.