Summary

Polity Class 02

A BRIEF OVERVIEW OF THE PREVIOUS CLASS: (05:04:00 PM)

Basic Structure Doctrine and Schedule 9.

RIGHT TO REMAIN SILENT: (05:06:00 PM)

Supreme Court said that all accused have a right to silence, and investigators cannot force them to speak up or admit guilt.
The right to silence emanates from Article 20(3), which states that no one can be compelled to be a witness against himself.
Protection is limited only to criminal proceedings.
Right is not available to a person being interrogated under the Customs Act, 1962, or Foreign Exchange Management Act, 1999, since the person is not “accused of an offense” and isn’t entitled to a lawyer.
In Nandini Satpathy v. P.L. Dani case, SC stated that compelling a person to answer a question within the limits of the police station may result in a violation of Article 20(3).

RESERVATIONS FOR THE LOCALS IN PRIVATE SECTOR: (05:32:00 PM)

Provisions for the reservations in jobs in the Indian constitution:
Article 16(4) allows the State to reserve posts in appointments and promotions to public services “for the benefit of backward classes of citizens, who, in the State’s opinion, are inadequately represented in the services”.
Mandal Commission was set in India in 1979 to identify India's socially or educationally backward classes and recommend measures to alleviate their conditions.
1990- 27% of reservations were given to OBCs in government jobs.
Later 10% was given to economically weaker sections.
Article 16(03) says Parliament by law can provide reservations in government jobs based on residence as a criterion.

QUESTIONS: (05:51:00 PM)

Q1. Identify how many statements are true in the context of a no-confidence motion
1. It can be introduced only once in a session
2. Specific reasons should be provided for the introduction of a no-confidence motion
3. No-confidence motion needs the approval of at least 50 members of the Rajya Sabha for consideration in the house
a. Only one. b. Only two
c. Only three. d. None of the above
Answer: a (Only the first statement is correct).
Q2: Identify how many statements are correct:
1. Parliamentary privileges are sourced from the Constitution alone.
2. No member can be arrested during the session of the parliament in any case.
3. Parliament can decide to shut down the visitors and press gallery if it wants.
a. Only one. b. Only two
c. Only three. d. None of the above
Answer: Only one. (Only the third statement is correct).
Privileges are derived from:
a. Articles 105, and 194.
105(3) says till the parliament defines or codifies the privileges, they will be the same as they existed before the 44th CAA (which was the same as available in the House of Commons in the Brittain).
b. Laws made by Parliament
c. Rules of both the Houses.

ANTI-DEFECTION LAW: (06:24:00 PM)

Anti-defection law was included under the 10th schedule via the 52nd Amendment Act, of 1985.
Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.
Disqualification happens if a member:
Voluntarily gives up his party membership, or
Votes/abstain to vote in the House contrary to the direction issued by his political party and such act has not been condoned by the party within 15 days.
An independent member becomes disqualified if s/he joins any political party after such an election.
A nominated member becomes disqualified if s/he joins any political party after the expiry of 6 months from the date on which he takes a seat.
Exception:
Law allows a political party to merge with or into another party provided that 2/3rd of its legislators are in favor.
If a person is elected as speaker of Lok Sabha, Deputy Speaker, or Deputy Chairman of Rajya Sabha, then he could resign from his party and rejoin the party once he/she demits the posts.
Q: Identify how many statements are correct with disciplinary action against legislators
1. The expulsion of a member from Parliament can result in loss of permanent disqualification of a person from the house.
2. Suspension can be carried out by the presiding officer without adopting a motion.
3. The presiding officer can direct a member to withdraw from the house.
a. Only one. b. Only two
c. Only three. d. None of the above
Answer: A.(Only the third statement is correct).
Q: Which of the following are true in the context of the Secretariat of the Parliament
1. Names of Lok Sabha and Rajya Sabha secretariat came into existence in 1954.
2. The Secretary General of each house enjoys ranks equal to the cabinet secretary.
3. The Lok Sabha secretariat was responsible for conducting the Presidential elections in 2022
a. Only one. b. Only two
c. Only three. d. None of the above
Answer: b. (The third statement is incorrect, it was the Secretary General of Rajya Sabha.)
Q: Identify the correct statements in the context of the finances of Panchayats:
1. A State Finance commission should be formed along with the Central Finance commissions in all states
2. Appointment of members of the State Finance Commission should be as per rules made by the Parliament
3. State finance commission recommends devolution of taxation powers to local bodies
1. Only one b. Only two
c. Only three d. None of the above
Answer: a (only the third statement is correct).

ORDINANCE MAKING POWER OF PRESIDENT AND GOVERNOR: (06:48:00 PM)

Ordinance-making power of the President and Governor:
Ordinances are temporary laws that can be issued by the President when Parliament is not in session.
Power to promulgate the Ordinance can be traced from the Indian Councils Act, of 1861, the Government of India (GoI) Act, of 1909, and the GoI Act, of 1935.
The ordinance is listed under Article 123 (Power of President to promulgate Ordinances during recess of Parliament) and Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature).
These promulgated ordinances have the same force and effect as an Act of the Legislature, but these acts are likely in a temporary nature.
Any ordinance ceases to operate at the expiration of 6 weeks from the date when the next session starts.
If the two Houses start their sessions on different dates, the latter of the dates will be considered.
The ordinance may lapse earlier if the President/Governor withdraws it or if both Houses pass resolutions disapproving it.
In the case of the state legislature, a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any.
Ordinances can only be issued on matters on which Parliament or Legislature can make laws and are subject to the same limitation as Parliament/Legislature to make laws.
However, the Governor of a State cannot make an ordinance without the reference of the President in the following cases:
If bills containing similar provisions would have required, the prior sanction of the President for introduction in the Assembly.
If the Governor would have deemed it necessary to reserve a bill containing similar provisions for consideration of the President.
If an act of state legislature containing the same provisions would have been invalid without receiving the President’s assent.

PESA, 1996: (07:02:00 PM)

Q: Which of the following functions are performed by the Gram Sabhas according to PESA, 1996
1. Provide approval for giving mining leases for major minerals
2. Identify beneficiaries for various welfare programs
3. Regulate the activity of money lending
4. Recommend to the Governor for reservations in Panchayats
a. Only one b. Only two
c. Only three d. None of the above
PESA, 1996:
Based on recommendations of the Dileep Singh Bhuria Committee, the PESA Act was enacted in 1996 for tribal empowerment and to bring them into the mainstream.
It provides for the extension of provisions of Part IX of the Constitution relating to Panchayats to Scheduled Areas of 10 States under Article 244(1) read with Schedule 5, with certain modifications and exceptions.
PESA empowers the state legislatures to frame laws in this regard.
Presently, 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana, have Fifth Schedule Areas in their respective States.
Eight States (except Jharkhand and Odisha) have framed and notified their State PESA Rules under their respective State Panchayati Raj Acts.
The Ministry of Panchayati Raj is the nodal Ministry for the implementation of provisions of PESA in the States.
PESA Act is called a ‘Constitution within the Constitution’.
Q: What are the special powers of a Governor under Schedule V:
1. Making regulations for the peace and good government of Schedule V areas
2. Making regulations for regulating the activity of money lending and transfer of land by tribals
3. Declare that a constitutional provision may apply with certain modifications to such areas
4. Make rules for the functioning of the Tribal Advisory councils
1. Only one b. Only two
c. Only three d. None of the above
Answer: c. Only three.
Q: Which of the following are true with respect to presiding officers of Rajya Sabha:
1. The Chairman of Rajya Sabha can be removed by a resolution passed by Rajya Sabha alone
2. The chairman nominates a panel of Vice-chairperson among the members of the house
3. In case of vacancy in the Chairman and Deputy Chairman’s office President appoints a person to perform the duties of the chair
1. Only one b. Only two
c. Only three d. None of the above.
Answer: b. Only two( 2nd and 3rd statements are correct)

ADJOURNMENT MOTION: (07:30:00 PM)

Which of the following is true with respect to an adjournment motion
1. It needs the support of a minimum of 50 MPs to be admitted
2. It can be introduced in either house of the Parliament
3. Discussion can take place on matters related to national security only
a. Only one b. Only two
c. Only three d. None of the above
Answer: a. Only one.
Subordinate legislation or Delegated Legislation:
The committee on Subordinate Legislations of Rajya Sabha released ’Delay in framing of rules under various acts by the ministries’ report.
Subordinate legislation is legislation made by an authority subordinate to the legislature.
Most enactments delegate the powers for making rules, regulations, bylaws, etc. to subordinate authorities like the executive.
Need for Subordinate legislation:
Legislatures have limitations of time; thus subordinate legislation is a practical necessity.
Enables experts and technocrats to provide details within the framework of law.
Committee on Subordinate Legislation, Rajya Sabha
Constituted under Rule 204 of Rules of Procedure and Conduct of Business in Council of States.
Mandate: Scrutinize and report to the House whether the powers of subordinate legislation delegated by Parliament have been properly exercised.
Sarpanch Pati:
Standing Committee on Rural Development and Panchayati Raj recommended Training
and capacity building to curb prevalent concepts like Sarpanch Pati or Pradhan Pati.
It refers to the practice of husbands acting as proxies for elected women, and wielding the actual political decision-making powers.
Women reservation in Panchayati Raj Institutions (PRIs):
73rd Constitutional Amendment Act of 1992: 1/3rd of seats of PRIs and 1/3rd of offices of Chairperson at all levels of PRIs (covered by Part IX) are reserved for women. (Article 243 D).
Many states like Bihar, Kerala, Maharashtra, Orissa, Rajasthan, etc. have made legal provisions for 50% reservation for women among members and
Sarpanches.
As per the Women and Men in India 2022 report, of the over 31. 8 lakh ERs, nearly 46% (over 14. 5 lakh) were women.

CENTRE-STATE RELATIONS: (07:36:00 PM)

Role of Governor:
Article 200: The assent of the Governor is necessary for a bill to become law.
The Constitution does not lay down any time limit within which the Governor is required to return the bill for reconsideration.
It only insists on ‘as soon as possible’.
Reserving bill for President (Article 201): The President can either give his/her assent or withhold the assent.
The president may direct the Governor to return the bill to the state legislature with his/her message.
Such a bill, if re-enacted by the state legislature with or without amendment, is presented again to the President.

COOPERATIVE FEDERALISM: (07:44:00 PM)

Cooperative federalism is the horizontal relationship between unions and states and shows neither is above the other.
It envisages that national and state agencies undertake government functions jointly rather than exclusively.
Constitutional Provisions to Promote Cooperative Federalism in India:
7th schedule which demarcates central, state, and concurrent lists based on the principle of subsidiarity.
All India Services under Article 312.
Integrated judicial system to enforce both states as well as central laws.
Inter-State Council under Article 263 to discuss and investigate the subject of common interest between the center and the states.
Article 261 provides that full faith and credit shall be given throughout the territory of India to all the public acts, records, and judicial proceedings of the Union and every State.
Zonal councils were established as statutory bodies under the State Reorganization Act of 1956 to ensure coordination.
Article 280: Finance Commission for recommending the distribution of financial resources between the Union and the States.
Article 279A: GST Council (involving members from Union and states), responsible for deciding the rates of the GST and the modalities of its implementation.

INTER-STATE WATER DISPUTES : (07:52:00 PM)

Article 262: Parliament by law may provide for the adjudication of any dispute with respect to the use, distribution, or control over inter-state river waters or river valleys.
Accordingly, Parliament has enacted two laws:
Inter-State Water Disputes (ISWD) Act, 1956: The State Government may request the Central Government to refer the dispute to a tribunal for adjudication.
River Boards Act, 1956: Setting up of River Boards by the central government for the regulation and development of inter-state rivers and river valleys.
Article 262 deters the Supreme Court from adjudicating interstate river water disputes.
However, Article 136 empowers the SC to hear appeals against the tribunal’s orders.
State List: Entry 17 (Water i.e. water supplies, irrigation and canals, drainage and embankments, water storage, etc.) subject to the provisions of entry 56 of List I.
Union List: Entry 56 -> Regulation and development of inter-state rivers and river valleys.

JUDICIARY: (07:59:00 PM)

Judicial Appointment:
Appointment of judges in higher judiciary:
Judges are appointed through a Collegium (Articles 124 (2) and 217 govern the appointment of Judges in SC and HC respectively).
It has evolved through judgments of the Supreme Court (referred to as 3 Judges Cases and pronounced in 1981, 1993, and 1998).
Supreme Court Collegium includes CJI and four other senior-most judges of the court at that time.
The collegium for the appointment of Judges to the High Court is led by the CJI and two other senior-most judges of the Supreme Court.
Initiation of a proposal for appointment of Judges of the concerned High Court vests with the High Court Collegium (HCC) who sent the views to the Supreme Court Collegium.
HCC consists of the chief justice of the high court and two senior judges.

ALL INDIA JUDICIAL SERVICES (AIJS): (08:07:00 PM)

About All India Judicial Service (AIJS):
AIJS is a reform that seeks to centralize the recruitment of judges at the level of additional district judges and district judges for all states.
Genesis of AIJS: The idea for AIJS was first proposed by the 14th Report of the Law Commission of India on judicial reforms in 1958.
Constitutionality: The provision of AIJS was included in Article 312 of the Constitution through the 42nd Amendment in 1976.
But it still requires a bill to decide on its broad contours.

QUESTIONS: (08:11:00 PM)

Q: Which of the following is correct
1. No reasons need to be specifically given for issuing furlough
2. Seeking parole is considered as a matter of right for a prisoner
3. Furlough is usually granted in case of long-term punishment
1. Only one b. Only two
c. Only three d. None of the above
Answer: b. Only two(2nd statement is incorrect).
Parol is given for personal reasons like the daughter's marriage.
It is for the short term.
The time spent during the parols is not subtracted from the total imprisonment. So no remissions.
Furlough: It is to reward good behavior during long-term imprisonment.
It is like remission as the time spent outside during the furlough is subtracted from the duration of the imprisonment.
Q: Which of the following is correct:
1. State legal authority must try and organize Lok Adalats.
2. Permanent Lok Adalats are competent to entertain cases related to utility services alone
3. The President of India is the patron in chief of the National legal services authority
1. Only one b. Only two
c. Only three d. None of the above
Answer: b. Only two(3rd statement is incorrect).
Q: Which of the following are true in the context of State Election Commission:
1. State Election commissioner must be removed as per an order of the Governor after a resolution is passed by the State legislature.
2. The state election commissioner should be a retired judge of a High Court.
3. State election commission submits annual report to ECI for its functioning.
1. Only one b. Only two
c. Only three d. None of the above
Answer: d. None of the above.

TOPICS FOR THE NEXT CLASS: Remaining topics of the PT-365.