Q. In essence, what does ‘Due Process of Law’ mean?

(a) The principle of natural justice
(b) The procedure established by law
(c) Fair application of law
(d) Equality before law

Answer: (a) The principle of natural justice or/ (c) Fair application of law

Due Process of Law
  • “Due Process of Law” is a legal principle commonly found in legal systems based on the common law tradition, particularly in countries like the United States.
  • The origin of due process is often attributed to the Magna Carta, a 13th-century document that outlined the relationship between the English monarchy, the Church, and feudal barons.
    • That document includes a clause that declares, “No free man shall be seized, or imprisoned … except by the lawful judgment of his peers, or by the law of the land“. This concept of the law of the land was later transformed into the phrase “due process of law.”
  • Due process of law is a legal principle that requires governments to follow fair and reasonable procedures when depriving individuals of their life, liberty, or property. It also requires governments to pass laws that are just, fair, and reasonable.
    • Due process ensures that individuals have the right to be heard, to present evidence, and to be treated fairly before any government action is taken against them.
    • Due process holds the government subservient to the law of the land, protecting individual persons from the state.
  • Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to define and guarantee fundamental fairness, justice, and liberty. This interpretation is analogous to the concepts of natural justice.
  • The Supreme Court of India has the power to declare laws unconstitutional if they violate due process of law. This means that the Court can strike down laws that are unfair, unjust, or unreasonable.
  • The phrase “due process of law” is not mentioned explicitly anywhere in the Indian Constitution, but it has been interpreted by the Supreme Court to be a fundamental right. This means that the government cannot deprive individuals of their life, liberty, or property without due process of law.
    • “Fair Procedure” includes 4 elements:
      1. Notice
      2. Opportunity to heard
      3. Impartial tribunal
      4. Orderly procedure
  • The concept of due process of law is borrowed from the US Constitution, but it has been adapted to the Indian context.
    • In the United States, due process is outlined in both the Fifth and 14th amendments to the Constitution.
  • In India, due process of law is not only a protection against arbitrary executive action, but also against arbitrary legislative action. This means that the Supreme Court can strike down laws that it finds to be unfair, unjust, or unreasonable.

Also read: Principles of Natural Justice

Q. Consider the following statements :

Statement-I : In India, prisons are managed by State Govemments with their own rules and regulations for the day-to-day administration of prisons.

Statement-II : In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct

Answer: (a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

Notes:
  • Prison is a State subject under List-II of the Seventh Schedule in the Constitution. States have the primary role, responsibility and power to change the current prison laws, rules and regulations.
    • Hence it is true that prisons are managed by the state governments with their own rules and regulations.
  • The management and administration of Prisons falls exclusively in the domain of the State Governments and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments.
    • Hence it is true that the Prisons Act 1894 kept the subject of prisons in the Provincial government (State governments) and this explains why State governments have the power to frame their own rules and regulations regarding prison management.
Model Prisons Act 2023
  • The current ‘Prisons Act, 1894’ is almost 130 years old and mainly focuses on keeping criminals in custody and enforcing discipline and order in prisons, with no provision for reform and rehabilitation.
  • MHA assigned the task of revising the Prisons Act, 1894, to the Bureau of Police Research and Development.
  • Under the new Act, prisons will be viewed as reformative and correctional institutions, with a focus on transforming and rehabilitating inmates back into society as law-abiding citizens.
  • The Model Prisons Act, 2023 aims to:
    • Address the gaps in the existing Prisons Act by providing guidance on the use of technology in prison management.
    • Make provisions for parole, furlough, and remission to prisoners to encourage good conduct.
    • Special provisions for women and transgender inmates.
    • Focus on the reformation and rehabilitation of inmates.
  • Features of the new Model Prisons Act include:
    • Provision for security assessment and segregation of prisoners.
    • Individual sentence planning.
    • Grievance redressal.
    • The establishment of a prison development board.
    • A focus on the physical and mental well-being of prisoners.
    • Use of technology in prison administration, such as video conferencing with courts and scientific and technological interventions in prisons.
    • Punishment of prisoners and jail staff for using prohibited items like mobile phones in jails.
  • New provisions being proposed:
    • It seeks to create provisions for the grant of parole, furlough, and remission to prisoners to encourage good conduct.
    • It aims to provide separate accommodation for women and transgender inmates, ensure the physical and mental well-being of prisoners, and focus on the reformation and rehabilitation of inmates.
    • It also intends to bring about “attitudinal change towards prisoners” and initiate vocational training and skill development for prisoners for their reintegration into society.
    • It also seeks to bring about “transparency in prison management” .

Is the Model Prisons Act, 2023, binding on states?

  • As per the provisions of the Constitution, ‘prisons’ and ‘persons detained therein’ fall under the State List.
  • This means that the responsibility of prison management and administration solely vests with the state government, which alone is competent to make appropriate legislative provisions in this regard.
  • So, the ministry also clarified while announcing the 2023 Act that it “may serve as a guiding document for the States” so that they may benefit from its adoption in their jurisdictions.
Prisons Act, of 1894;
  • It defined a “prison” as “any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners”, excluding police custody and subsidiary jails.
  • It demarcated prisoners into three different categories according to the nature of their crimes, such as “criminal prisoner”, “convicted criminal prisoner” and “civil prisoner”.
  • The 1894 Act dealt with provisions for accommodation, food, clothing, bedding segregation, and the discipline of prisoners, including solitary confinement.
  • It also laid down provisions for the prisoners’ employment, health, and visits.
  • Flaws in 1894 Act:
    • The act had no provisions for reformation or rehabilitation and permitted “whipping, provided that the number of stripes shall not exceed thirty,” albeit for only male prisoners.
    • This Act did not apply to “civil jails in the State of Bombay, outside the city of Bombay, and those jails administered under the provisions of Sections 9–16 of the Bombay Act, 1874.
The Prisoners Act 1900
  • It was introduced with the objective of consolidating the “several acts relating to prisoners” and replacing the “separate enactments by a single act, expressed more simply and intelligibly.”
  • Presently, the jail manuals of each state also deal with the administration and management of its prisons.

Q. Which one of the following statements best reflects the Chief purpose of the ‘Constitution’ of a country?

(a) It determines the objective for the making of necessary laws.
(b) It enables the creation of political offices and a government.
(c) It defines and limits the powers of government.
(d) It secures social justice, social equality and social security.

Answer: (c) It defines and limits the powers of government.

Notes:
  • The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles of state policy, and the duties of citizens.
  • A constitution serves multiple purposes. It provides a legitimate legal and political basis for the Government to propose and enact laws, organising public service and settling disputes.
  • Although the Constitution determines the objectives (DPSP) for the making of necessary laws and aims to promote social, economic and political democracy, its chief purpose is to limit the power of government. In fact the Constitutional government is by definition limited government.
  • Functions of a Constitution:
    1. The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society.
    2. The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted.
    3. But this is clearly not enough. Suppose you decided who had the authority to make decisions. But then this authority passed laws that you thought were patently unfair. So the third function, which is also the chief function of a constitution, is to set some limits on what a government can impose on its citizens. 
      • These limits are fundamental in the sense that the government may never trespass them. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate.
    4. The fourth function of a constitution is to enable the government to fulfill the aspirations of a society and create conditions for a just society.
    5. Finally, a constitution expresses the fundamental identity of a people. This means the people as a collective entity are agreeing to a basic set of norms about how one should be governed, and who should be governed etc.

Q. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

(a) 1st Amendment
(b) 42nd Amendment
(c) 44th Amendment
(d) 86th Amendment

Answer: (a) 1st Amendment

Notes:
  • During the initial months of the working of the Constitution, certain difficulties were brought to light by judicial decisions and pronouncements especially in regard to the chapter on fundamental rights.
  • The citizen’s right to freedom of speech and expression guaranteed by article 19(1)(a) had been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence.
  • As a result of this, the Constitution (First Amendment) Act, 1951 was passed. It’s object was to amend Article 19 for the purposes indicated above and to insert provisions fully securing the constitutional validity of zamindari abolition laws in general and certain specified State Acts in particular.
  • The First Amendment Act made a number of important changes to the Constitution, including:
    • It empowered the state to make special provisions for the advancement of socially and economically backward classes.
    • It provided for the saving of laws providing for the acquisition of estates, etc.
    • It added the Ninth Schedule to the Constitution, which protects certain laws from judicial review.
    • It added three more grounds of restrictions on freedom of speech and expression, namely, public order, friendly relations with foreign states and incitement to an offence. It also made the restrictions ‘reasonable’ and thus, justiciable in nature.
    • It provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.

Amendment of Article 15:

  • The First Amendment Act, 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
    • It reads, “Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.”.
    • The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution.
  • The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2).
    • Therefore, in order to nullify the effect of similar judicial pronouncements, Article 15 was amended.  

Amendment of Article 19:

  • Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom.
  • The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19.
Need of amendment of Article 19(2)
  • When the Constitution was adopted, the barriers to free speech and expression included ‘security of state’, ‘decency or morality’, ‘contempt of Court’, and ‘defamation’. With the First Amendment, the following three restrictions were added to Clause 2 of Article 19:
    • Friendly relations with foreign states – This was added to prohibit any kind of malicious propaganda against a foreign nation. This addition was an attempt to build friendly relations with foreign states.
    • Public Order – This barrier was constructed in response to the case of Romesh Thappar v. The State of Madras (1950). The Supreme Court observed that the ambit of Article 19(1) was so large that it can even acquit a person charged with the offence of murder. Also, the Court stated that the expression ‘security of state’ is not comprehensive enough to include the concept of ‘public order’. This decision was sufficient to introduce an amendment to Article 19(2).
      • In the case of Babulal Parate v. State of Maharashtra and Others (1961), the Supreme Court examined the ambit of restriction ‘public order’. In this case, Section 144 of the Code of Criminal Procedure, 1908 was upheld on the ground that it was a reasonable restriction to prevent a person from carrying out certain acts if those acts were likely to disturb public tranquillity or result in a riot or an affray.
    • Incitement to an offence- This is a limitation on free speech in the form of opinions or agitations on the involvement of an accused in any crime.
Need for amendment of Article 19(6)
  • The alteration was made in Article 19(6) via the First Amendment, and the intention behind this was to avoid objections to the power of the state to create any monopoly.
  • Article 19(6) is a reasonable restriction on the right to practice any profession or to carry on any occupation, trade, or business. Before the First Amendment, the State had the power to impose reasonable restrictions by asserting that it is in the interests of the general public. This conferred the state the power to implement any scheme of nationalisation provided it is ‘reasonable’.
  • However, the Amendment in 1951 added the clause which said, “the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise”, thus removing any scope of ambiguity regarding the power of the government to nationalise. This modification even excluded the factor of reasonableness while creating such a monopoly.
  • The Supreme Court in the case of Saghir Ahmad v. the State of U.P. and Others. (1954) studied the consequences of this amendment. The Court observed that after this alteration, the government can create a monopoly in its own favour, but this clause will prevent it from creating any monopoly in the favour of third parties.

Q. Consider the following organizations/bodies in India :

  1. The National Commission for Backward Classes
  2. The National Human Rights Commission
  3. The National Law Commission
  4. The National Consumer Disputes Redressal Commission

How many of the above are constitutional bodies?

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (a) Only one

Notes:
  • National Commission for Backward Classes (NCBC) –
    • Was initially constituted by the Central Govt by the National Commission for Backward Classes Act, 1993.
    • The present Commission (8th) has been accorded Constitutional Status and constituted through “The Constitution (One Hundred and Second Amendment) Act, 2018” Act, whereby Article 338B has been inserted, forming a Commission for the socially and educationally backward classes to be known as National Commission for Backward Classes. 
    • Hence NCBC is a constitutional body.
  • National Human Rights Commission –
    • The National Human Rights Commission (NHRC) of India is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. 
  • National Law Commission –
    • Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.
  • National Consumer Disputes Redressal Commission (NCDRC) 
    • The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986.
      • To provide inexpensive, speedy redressal of consumer disputes, the act established quasi-judicial bodies have been set up in each District and State and at the National level, called the District Consumer Disputes Redressal Commissions, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively.
    • Its head office is in New Delhi.

Q. Consider the following statements :

  1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
  2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
  3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare hisfher assent.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (d) None

Notes:
  • The President is elected indirectly by the electoral college consisting of elected members of both the houses of Parliament, elected members of State legislative Assembly and elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
  • If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force.
  • The Supreme court in 1974 held that the dissolution of state legislative assembly will not be a ground for preventing the holding of the election on the expiry of the term of the President. Nor can it be a ground to suggest that the election to office of the President could be held only after the election to the state is held, where the Legislative Assembly of a State is dissolved.
  • The Constitution of India does not prescribe any time-limit within which the President has to take decision with respect to a bill presented to him/her for his/her assent. Thus the President of India can simply keep the bills pending for an indefinite period.

Q. With reference to Finance Bill and Money Bill in the Indian Parliament, consider the following statements:

  1. When the Lok Sabha transmits Finance Bill to the Rajya Sabha, it can amend or reject the Bill.
  2. When the Lok Sabha transmits Money Bill to the Rajya Sabha, it cannot amend or reject the Bill, it can only make recommendations.
  3. In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is no joint sitting for Money Bill, but a joint sitting becomes necessary for Finance Bill.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (a) Only one

Notes:
  • In a general sense, any Bill that relates to revenue or expenditure is a financial Bill.
    • A money Bill is also a specific type of financial Bill, that must deal only with matters specified in Article 110 (1) (a) to (g).
    • Financial bills are responsible for the fiscal matters such as government spending or revenue.
      • It specifies the amount of money to be spent by the government and the way it is to be spent.
      • More specifically, Article 117 of the Constitution deals with the special provisions relating to financial Bills.
  • A Finance Bill is a Money Bill as defined in Article 110 of the Constitution. Whereas a Financial Bill is an ordinary bill as it apart from dealing with money matters also deals with non-money matters.
    • As the Finanace Bill is a type of money bill,  It (like the money bills) cannot be either rejected or amended by the Rajya Sabha.
  • A Finance Bill deals with the proposals of the government for levy of new taxes, modification of the existing tax structure or continuance of the existing tax structure beyond the period approved by Parliament are submitted to Parliament through this bill. So, it is introduced as a part of the Annual Financial Statement (i.e. Budget) under Article 112.
    • The Finance Bill is accompanied by a Memorandum containing explanations of the provisions included in it. The Finance Bill can be introduced only in Lok Sabha.
      • However, the Rajya Sabha can only recommend amendments in the Bill. The bill has to be passed by the Parliament within 75 days of its introduction.
  • As a finance bill is a money bill so no joint sitting of the two houses is allowed with regard to a finance bill under Article 108.
Difference Between Money Bills and Financial Bills
  • While all Money Bills are Financial Bills, all Financial Bills are not Money Bills.
    • E.g., the Financial Bill which only contains provisions related to tax proposals would be a Money Bill. 
    • However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered as a Financial Bill. 
    • The Compensatory Afforestation Fund Bill, 2015, which establishes funds under the Public Account of India and states, was introduced as a Financial Bill.
  • The procedure for the passage of the two bills varies significantly.
    • The Rajya Sabha has no power to reject or amend a Money Bill.
      • After being passed by the Lok Sabha, money Bills are sent to the Rajya Sabha for its recommendations.
      • Within 14 days, the Upper House must submit the Bill back to the Lower House with its non-binding recommendations.
      • If the Lok Sabha rejects the recommendations, the Bill is deemed to have passed by both Houses in the form in which it was passed by the Lok Sabha without the recommendations of the Rajya Sabha.
      • Even if the Rajya Sabha doesn’t respond with its recommendations within 14 days, the same consequences would follow.
    • However, a Financial Bill must be passed by both Houses of Parliament.
  • While an ordinary Bill can originate in either house, a money Bill can only be introduced in the Lok Sabha, as laid down in Article 117 (1).
  • Additionally, no one can introduce or move money Bills in the Lok Sabha, except on the President’s recommendation.
  • Amendments relating to the reduction or abolition of any tax are exempt from the requirement of the President’s recommendation.
  • The two prerequisites for any financial Bill to become a money Bill are that
    • It must only be introduced in the Lok Sabha and not the Rajya Sabha.
    • These bills can only be introduced on the President’s recommendation.

Q. With reference to ‘Scheduled Areas’ in India, consider the following statements :

  1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
  2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
  3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (b) Only two

Notes:
  • In the Article 244(1) of the Constitution, expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.
  • Criteria for declaring any area as a “Scheduled Area under the Fifth Schedule are:
    • Preponderance of tribal population
    • Compactness and reasonable size of the area
    • A viable administrative entity such as a district, block or taluk. So, statement 2 is correct.
    • Economic backwardness of the area as compared to the neighboring areas.
  • District is considered as the largest administrative unit which forms the Scheduled Area while the lowest administrative unit is the cluster of villages in the Block.
  • The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas”.
    • The Governor’s Report must be submitted annually in accordance with the provisions outlined in para 3 of the Fifth Schedule to the Constitution for the following states: Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.

Q. Consider the following statements :

Statement-I : The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II : Article 335 of the Constitution of India defines the term ‘efficiency of administration’.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct

Answer: (c) Statement-I is correct but Statement-II is incorrect

Notes:
  • It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgements, holding that Article 335’s mention of the term “efficiency of administration” will limit the scope of Article 16(4)’s provision for reservation in services.
  • Article 335 of the Constitution of India states that, “The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State”. 
  • Article 335 of the Indian Constitution only mentions about the ‘efficiency of administration’ and does not defines the same.
Important Reservation related Judgements
  • Mukesh Kumar and Another vs State of Uttarakhand & Ors. 2020:
    • In this Case, the Supreme Court held that there is no fundamental right to reservation or promotion under Article 16(4) or Article 16(4 A) of the Constitution rather they are enabling provisions for providing reservation, if the circumstances warrant.
      • However, these pronouncements in no way understate the constitutional directive under Article 46 that mandates that the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular Scheduled Castes and Scheduled Tribes.
      • In fact, sensitivity of the welfare state towards the weaker sections over decades resulted in the gradual expansion of canopy of reservation in the form of increasing classifications under Article 16, a set of actions that created a wave of litigation by which resulted in the ever-evolving jurisprudence of affirmative action in public employment.
  • Indra Sawhney Judgment (1992):
    • In the judgment, a nine-judge bench presided by Chief Justice M.H. Kania upheld the constitutionality of the 27% reservation but put a ceiling of 50% unless exceptional circumstances warranting the breach, so that the constitutionally guaranteed right to equality under Article 14 would remain secured.
    • The Court dwelled on the interrelationship between Articles 16(1) and 16(4) and declared that Article 16(4) is not an exception to article 16(1), rather an illustration of classification implicit in article 16(1).
      • While Article 16(1) is a fundamental right, Article 16(4) is an enabling provision.
      • Further, the Court directed the exclusion of creamy layer by way of horizontal division of every other backward class into creamy layer and non-creamy layer.
  • 77th Constitutional Amendment Act:
    • The Parliament responded by enacting the 77th Constitutional Amendment Act which introduced Article 16(4A).
    • Later, two more amendments were brought, one to ensure consequential seniority and another to secure carry forward of unfilled vacancies of a year, the former by way of addition to Article 16(4 A) and the latter by way of adding Article 16(4 B).
  • M Nagaraj Case 2006:
    • In this case applying the creamy layer concept in SC/ST reservation in promotions, the SC reversed its earlier stance in the Indra Sawhney case (1992), in which it had excluded the creamy layer concept on SCs/STs (that was applicable on OBCs).
    • The SC had upheld the Constitutional amendments by which Articles 16 (4A) and 16 (4B) were inserted, saying they flow from Article 16 (4) and do not alter its structure.
    • It also laid down three conditions for promotion of SCs and STs in public employment.
      • The SC and ST community should be socially and educationally backward.
      • The SC and ST communities are not adequately represented in Public employment.
      • Such a reservation policy shall not affect the overall efficiency in the administration.
    • The court held that the government cannot introduce a quota in promotion for its SC/ST employees unless it proves that the particular community was backward, inadequately represented and providing reservation in promotion would not affect the overall efficiency of public administration.
      • The opinion of the government should be based on quantifiable data.
  • Jarnail Singh Case 2018:
    • Later in 2018, in the Jarnail Singh case, SC modified the Nagaraj judgement to the extent that State need not produce quantifiable data to prove the “backwardness” of a Scheduled Caste/Scheduled Tribe community in order to provide quota in promotion in public employment.
  • The Constitution (103rd Amendment) Act, 2019:
    • The 10% reservation for Economically Weaker Sections (EWS), other Scheduled Castes, Scheduled Tribes and backward classes for government jobs and admission in educational institutions is currently under challenge before the Supreme Court which has referred the same to a constitution bench.
    • The adjudication awaited in this regard may also turn to be a critical milestone in the jurisprudence of reservation as traditional understanding of backwardness is broadened to specifically include economic backwardness without social backwardness as is traditionally seen.
  • Dr. Jaishri Laxmanrao Patil vs Chief Minister (2021):
    • Despite the Indra Sawhney ruling, there have been attempts on the part of many States to breach the rule by way of expanding the reservation coverage.
    • The Maharashtra Socially and Educationally Backward Classes Act 2018, (Maratha reservation law) came under challenge before the Supreme Court which referred the same to a bench of five judges and one question was whether the 1992 judgment needs a relook.
      • Interestingly, the Supreme Court not only affirmed the Indra Sawhney decision, but also struck down Section 4(1)(a) and Section 4(1)(b) of the Act which provided 12% reservation for Marathas in educational institutions and 13% reservation in public employment respectively, citing the breach of ceiling.

Q. Consider the following statements :

  1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
  2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
  3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (b) Only two

Notes:
  • Article 355 of the Indian Constitution specifically states that “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.”
  • According to Article 22 of Constitution of India (Protection against arrest and detention in certain cases):
    • (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
    • (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
    • (3) Nothing in clauses (1) and (2) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
      • Hence, According to Clause (3) Article 22 of the Constitution of India, it is not mandatory for states to provide access to legal counsel to the person held for preventive detention.
  • Section 32 (1) of the Prevention Of Terrorism Act (POTA) 2002 stated that “Notwithstanding anything in the Code 12 or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police shall be admissible in the trial of such person.”
    • However, the Act was repealed in 2004 and replaced with the Unlawful Activities (Prevention) Act, 1967, which does not allow confessions made to a police officer to be used as evidence.

Q. Consider the following statements in respect of election to the President of India :

  1. The members nominated to either House of the Parliament or the Legislatiye Assemblies of States are also eligible to be included in the Electoral College.
  2. Higher the number of elective Assembly seats, higher is the value of vote of each MLA of that State.
  3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala.
  4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (a) Only one

Notes:
  • The elected members of the Upper and Lower Houses of Parliament that is the Rajya Sabha and the Lok Sabha as well as the elected Members of the Legislative Assemblies of States and Union Territories (MLAs) comprise the electoral college for the Presidential Election in India.
  • The value of vote of each MLA depends on the ratio of the State’s population and the number of MLAs in its legislative Assembly. 
    • By dividing the State’s population by the number of MLAs in its legislative Assembly, and then further dividing the quotient achieved by 1000, one may calculate the value of each MLA’s vote.
    • Based on a calculation that takes into account each State’s population in relation to the number of members in its legislative Assembly, each MLA’s vote value varies from State to State.
    • According to the Constitution (Eighty-fourth Amendment) Act of 2001, the population of the States is currently calculated using data from the 1971 Census.
  • The vote value of each MLA of Madhya Pradesh is less than that of the vote value of each MLA of Kerala as the ratio of total population to total elective seats in Kerala is greater relative to that in Madhya Pradesh.
    • The value of vote of each MLA of Madhya Pradesh is 131 which is less than that of Kerala where it is 152.
  • The vote value of each MLA of Puducherry is higher than that of Arunachal Pradesh as the ratio of total population to total elective seats in Puducherry is greater relative to that in Arunachal Pradesh. 
    • In 2022 Presidential election the vote value of each MLA from Puducherry was 16 whereas the vote value of each MLA from Arunachal Pradesh came out to be 8.

Q. With reference to Home Guards, consider the following statements :

  1. Home Guards are raised under the Home Guards Act and Rules of the Central Government.
  2. The role of the Home Guards is to serve as an auxiliary force to the police in maintenance of internal security.
  3. To prevent infiltration on the international border/ coastal areas, the Border Wing Home Guards Battalions have been raised in some States.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (b) Only two

Notes:
  • Home Guards are State subject. Home Guards are raised under the Home Guards Act and Rules of the States/Union Territories. They are recruited from amongst all classes of people and walks of life, who give their spare time to the organisation for betterment of the community.
  • The role of Home Guards is to serve as an auxiliary Force to the Police in maintenance of internal security situations, help the community in any kind of emergency such as an air-raid, fire, cyclone, earthquake, epidemic etc. help in maintenance of essential services, promote communal harmony and assist the administration in protecting weaker sections, participate in socio-economic and welfare activities and perform Civil Defence duties.
  • Fifteen Border Wing Home Guards (BWHG) Battalions have been raised in the border States viz. Punjab (6 Bns.), Rajasthan ( 4 Bns.), Gujarat (2 Bns.) and one each Battalion for Meghalaya, Tripura and West Bengal to serve as an auxiliary to Border Security Force for preventing infiltration on the international border/coastal areas.

Q. With reference to India, consider the following pairs :

Action: The Act under which it is covered

  1. Unauthorized wearing of police or military uniforms : The Official Secrets Act, 1923
  2. Knowingly misleading or otherwise interfering with a police officer or military officer when engaged in their duties : The Indian Evidence Act, 1872
  3. Celebratory gunfire which can endanger the personal safety of others : The Arms (Amendment) Act, 2019

How many of the correctly matched?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (b) Only two

Notes:
  • The Official Secrets Act, 1923 prohibits person from using or wearing, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform
    • It is under The Official Secrets Act, 1923, that no person in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of 21 [the Armed Forces of the Union] engaged on guard, sentry, patrol or other similar duty in relation to the prohibited place.
  • The Arms Act Amendment of 2019 adds news offences such as forcefully taking a firearm from police or armed forces and using firearms in a celebratory gunfire which endangers human life or personal safety of others.

Q. Consider the following statements in respect of the National Flag of India, according to the Flag Code of India, 2002:

Statement-I : One of the standard size of the National Flag of India is 600 mm x 400 mm.
Statement-II : The ratio of the length to the height (width) of the Flag shall be 3 : 2.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement- II is correct

Answer: (d) Statement-I is incorrect but Statement- II is correct

Notes:
  • The Flag Code of India took effect on January 26, 2002. As per Clause 2.1 of the Flag Code of India, there shall be no restriction on the display of the National Flag by members of the general public, private organizations, educational institutions etc. consistent with the dignity and honour of the National Flag.
  • The Flag Code of India, 2002 was amended recently, and National Flag made of polyester or machine made flag have also been allowed. 
    • Now, the National Flag shall be made of hand-spun, hand-woven or machine-made cotton/polyester/wool/silk/khadi bunting, as per the amended flag code.
  • The standard sizes of the National Flag shall be as follows: –
Flag code of India
  • The National Flag shall be rectangular in shape. The ratio of the length to the height (width) of the Flag shall be 3:2. 

Q. Consider the following statements in respect of the Constitution Day :

Statement-I : The Constitution Day is celebrated on 26th November every year to promote constitutional values among citizens.
Statement-II : On 26th November, 1949, the Constituent Assembly of India set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar to prepare a Draft Constitution of India.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement- II is correct

Answer: (c) Statement-I is correct but Statement-II is incorrect

Notes:
  • The Constitution Day is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.
    • The Ministry of Social Justice and Empowerment on 19th November 2015 notified the decision of the Government of India to celebrate the 26th day of November every year as ‘Constitution Day’ to promote Constitution values among citizens.
  • The Drafting Committee was set up on August 29, 1947. It was this committee that was entrusted with the task of preparing a draft of the new Constitution. On 26th November 1949, the Constituent Assembly of India adopted the Constitution of India, which came into effect on 26th January 1950.
The Constitution Day
  • Constitution Day or Samvidhan Diwas is also known as National Law Day. The day commemorates the adoption of the Constitution in India.
    • On this day in 1949, the Constituent Assembly of India formally adopted the Constitution of India that came into force on 26 January 1950.
    • The Ministry of Social Justice and Empowerment on 19 November, 2015, notified the decision of the Government of India to celebrate 26 November as ‘Constitution Day’.
  • Facts about the Constitution of India:
    • The framing of the Constitution took over 2 years, 11 months and 18 days.
    • The original copies of the Indian Constitution weren’t typed or printed. They have been handwritten and are now kept in a helium-filled case within the library of the Parliament.
    • Prem Bihari Narain Raizada had written the unique copies of the Structure of India.
    • Originally, the Constitution of India was written in English and Hindi.
    • The Constitution of India has borrowed some of its features from a number of countries, including Britain, Ireland, Japan, USA, South Africa, Germany, Australia, and Canada.
    • The basic structure of the Indian Constitution stands on the Government of India Act, 1935.
    • World’s lengthiest Constitution
    • Federal System with Unitary Features
    • Parliamentary Form of Government
  • Background:
    • In 1934, M N Roy first proposed the idea of a constituent assembly. Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly.
    • Drafting Committee:
      • The Drafting Committee had seven members: Alladi Krishnaswami Ayyar, N. Gopalaswami, B.R. Ambedkar, K.M Munshi, Mohammad Saadulla, B.L. Mitter and D.P. Khaitan.
      • At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman.