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GS Paper: GS2-01.Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

  • Definition of ‘Tribe’ in India

    Why in the News?  

    At the recent Indian Anthropology Congress officials from the Anthropological Survey of India (AnSI) and National Commission for Scheduled Tribes (NCST) called for a shift in defining tribes.

    Instead of a rigid binary classification—tribe or not—they advocate for a “spectrum of tribalness”.

    About Scheduled Tribes (STs)

    • STs are defined under Article 366(25) of the Indian Constitution as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.“
    • Under Article 342, the President notifies STs for each State/UT after consultation with the Governor, and modifications can only be made by Parliament through legislation.
    • Currently, 705 STs are notified across 30 States/UTs, comprising 8.6% of India’s population (2011 Census).
    • They are mainly concentrated in Central India (Madhya Pradesh, Chhattisgarh, Jharkhand, etc.) and the North-East.

    Existing Criteria for ST Classification (Lokur Committee, 1965)

    • The Lokur Committee (1965) laid down 5 key criteria for classifying STs:
    1. Primitive Traits
    2. Distinctive Culture
    3. Geographical Isolation
    4. Shyness of Contact with the Community at Large
    5. Backwardness
    • Criticisms of Existing Criteria:
      • Termed obsolete, condescending, and colonial by scholars.
      • Many communities today do not fully meet all criteria.
      • Fails to reflect regional diversity, historical coexistence, and social changes.
      • Overly dependent on a binary view of ‘tribe’ vs. ‘non-tribe’, leading to inclusion-exclusion conflicts (e.g., Meitei ST demand in Manipur).

    Proposal for a ‘Spectrum of Tribalness’

    Recent academic and policy discussions (e.g., at the Indian Anthropology Congress) advocate for a paradigm shift:

    • Replace binary classification with a “spectrum of tribalness” or matrix of indicators.
    • Use a broader set of 100-150 indicators, including:
      • Marriage, kinship systems, language, rituals, governance structures, cultural materiality (e.g., headgear, weaponry) etc.
    • Assign weightage to each indicator to determine the degree of tribalness.

    PYQ:

    [2024] Consider the following statements:

    1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe.

    2. A community declared as a Scheduled Tribe in a State need not be so in another State.

    Which of the statements given above is/are correct?

    (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

     

  • The Indian university and the search for a V-C 

    Why in the News?

    Various groups have raised concerns about the Draft UGC Regulations, 2025, which outline qualifications for appointing and promoting university teachers and aim to maintain standards in higher education.

    What are the primary reservations expressed regarding the Draft UGC Regulations, 2025?

    • Reduced Role of State Executives in V-C Appointments: The draft regulations limit the State government’s involvement in the search-cum-selection process, despite State universities being funded and established by State legislatures. Example: In the Gambhirdan K. Gadhvi vs State of Gujarat (2019) case, the Supreme Court ruled that State executive members cannot be part of the V-C selection committee, reducing their influence.
    • Broadening of Eligibility Criteria for Vice-Chancellors: Expanding the eligibility to include individuals from public policy, government, and private sectors may dilute academic rigor and expertise. Example: Between 2010 and 2018, the UGC regulations required 10 years of professorship or equivalent academic experience, ensuring a focus on research-based qualifications.

    Why has the Supreme Court of India ruled against the involvement of the State executive in the selection process of Vice-Chancellors?

    • Ensuring Compliance with UGC Regulations: The Court upheld the UGC’s 2018 regulations, which specify that only a UGC representative, not a State executive member, should be included in the search-cum-selection committee. Example: In Professor (Dr.) Sreejith P.S vs Dr. Rajasree M.S. (2022), the Court invalidated the V-C’s appointment because the selection process did not follow UGC norms.
    • Preventing Arbitrary Appointments: The Court held that allowing State executives to influence the selection process could lead to biased or politically motivated appointments, compromising merit-based selection. Example: In Dr. Premachandran Keezhoth vs The Chancellor, Kannur University (2023), the Court declared the V-C appointment void due to the involvement of the State executive, reinforcing the need for an independent selection process.
    • Preserving Autonomy and Neutrality: The Court emphasized that the Vice-Chancellor’s appointment process should be free from political or administrative influence to maintain the academic institution’s autonomy and impartiality. Example: In Gambhirdan K. Gadhvi vs State of Gujarat (2019), the Court ruled that State executive members cannot be part of the selection committee to prevent undue influence.

    Who are the key stakeholders affected by the proposed changes in the search-cum-selection process?

    • State Governments and State Universities: The reduced role of State executives limits their ability to shape the leadership of State-funded universities, affecting regional educational priorities and innovation. Example: State governments argue that universities play a critical role in addressing local development needs, which may be overlooked if the selection process is centralized.
    • University Governance Bodies: University executive bodies lose direct influence over the V-C selection, reducing their ability to align leadership with institutional goals and academic vision. Example: Central University statutes follow a similar model where the Chancellor, UGC, and university bodies are key decision-makers, excluding executive government officials.
    • Academic and Non-Academic Professionals: The broadened eligibility criteria open leadership positions to individuals from non-academic backgrounds, changing the traditional focus on academic excellence. Example: The draft regulations allow candidates with experience in public policy or industry, which some argue may dilute the focus on academic scholarship.

    Which options should be suggested to balance the State executive’s concerns? (Way forward)

    • State Nominee with Specific Criteria: Permit the State executive to nominate one member to the search-cum-selection committee, provided the nominee is a distinguished academic with no active government role. Example: Similar to the Union Public Service Commission (UPSC) guidelines, the nominee could be a retired academic leader who is free from political affiliations.
    • Increased Consultation Mechanism: Introduce a pre-selection consultation phase where the State executive provides inputs on regional needs without directly influencing the final selection. Example: The university executive could hold formal discussions with the State to ensure the selected V-C aligns with local educational and developmental goals.

    Mains PYQ:

    Q The quality of higher education in India requires major improvement to make it internationally competitive. Do you think that the entry of foreign educational institutions would help improve the quality of technical and higher education in the country. Discuss.  (UPSC IAS/2015)

  • Preventive Detention is a ‘Draconian’ measure: SC

    Why in the News?

    The Supreme Court recently ruled against the Preventive Detention of a couple in Nagaland, emphasizing that constitutional safeguards must be strictly followed, and preventive detention cannot override fundamental rights.

    Court’s Key Observations: Preventive Detention as a ‘Draconian Measure’

    • Violation of Rights: The court ruled that depriving individuals of liberty without trial requires strict adherence to legal safeguards.
    • Lack of Justification: Authorities failed to prove that the detainees posed a credible future threat, rendering the detention unjustified.
    • Language Barrier: Detention orders were in English, a language the detainees did not understand, violating their right to be informed in an accessible manner.

    What is Preventive Detention?

    • Preventive detention is the detention of an individual without trial to prevent them from engaging in activities that may threaten national security, public order, or foreign relations.
    • Unlike punitive detention, it aims to prevent future crimes rather than punish past offenses.
    • Under Article 22 of the Constitution, preventive detention is allowed but with safeguards:
      • Time Limit: Maximum three months, extendable only if an Advisory Board (comprising High Court judges) approves.
      • Rights of the Detainee: Must be informed of reasons for detention (unless against public interest) and given the right to challenge it.
      • Judicial Review: Courts can strike down unjustified detentions.
    • Major Preventive Detention Laws:
      • Public Safety Act (PSA), 1978: Used in J&K; detention up to two years.
      • National Security Act (NSA), 1980: Up to one year for threats to national security.
      • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act), 1988: For drug trafficking cases.
      • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974: For economic offenses & smuggling.

    Supreme Court’s Landmark Rulings

    • Ameena Begum Case (2023): Preventive detention is an exception, not a routine measure.
    • Ankul Chandra Pradhan Case (1997): It aims to prevent threats, not punish individuals.
    • Harikisan vs Maharashtra (1962): Detention orders must be in a language the detainee understands.
    • Gold Smuggling Case (2024): Authorities must consider bail conditions before imposing detention.

    PYQ:

    [2021] With reference to India, consider the following statements:

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

     

  • Suspension of MLAs

    Why in the News?

    An MLA was suspended from the Maharashtra Assembly for praising and justifying the actions of Mughal emperor Aurangzeb. This incident has sparked a debate on the rules and constitutional provisions governing the suspension of MLAs in India.

    What is the Suspension of MLAs?

    • Suspension of MLAs is a disciplinary measure imposed by the Speaker to maintain order and decorum in the House.
    • It is used when members engage in unruly behavior, disrupt proceedings, or violate parliamentary rules.
    • Duration can range from a single day to the remainder of the session.

    Rules Governing Suspension of MLAs:

    Rule 53 of Maharashtra Assembly
    • The Speaker can order a member to withdraw for grossly disorderly conduct.
    • If repeated, they can be suspended for the remainder of the session.
    “Rules of Procedure and Conduct of Business” in Lok Sabha
    • Template for most state assemblies allows suspension for obstructing House business.
    • Suspension should not exceed the session.
    Maharashtra’s Suspension Practices vs Other States Maharashtra has no upper limit on suspension duration, unlike states like Odisha where it is capped at 7 days.
    Article 212 (1) [Protection of Legislative Proceedings]
    • Prevents courts from questioning legislative proceedings on procedural grounds.
    • Used to argue that courts have no jurisdiction over suspensions.
    Article 194 [Powers and Privileges of the Legislature] Grants legislative bodies the power to maintain order and discipline. Justifies suspensions beyond Rule 53.
    Article 190 (4) [Absence from Legislative Proceedings]
    • If an MLA is absent for more than 60 days without permission, their seat can be declared vacant.
    • Prolonged suspensions violate this provision.
    Representation of the People Act, 1951 – Section 151 (A) Mandates a by-election within six months if a seat becomes vacant. Supreme Court argues that suspensions beyond six months deprive constituencies of representation.

    Supreme Court Rulings on Suspension:

    (a) 2022 Supreme Court Ruling on Maharashtra BJP MLAs

    • In 2021, 12 BJP MLAs were suspended for one year for disrupting proceedings.
    • Judgment:
      • Suspensions beyond six months are unconstitutional.
      • Prolonged suspensions deprive voters of representation.
      • Governments could misuse suspensions to weaken the opposition.
      • The Speaker’s discretion is subject to constitutional limits.

    (b) Jambuwantrao Dhote Case (1964): Only Maharashtra MLA expelled for throwing a paperweight at the Speaker during Vasantrao Naik’s Government.

    PYQ:

    [2019] With reference to the Legislative Assembly of a State in India, consider the following statements:

    1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

    2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

  • Why are PwDs worried about DPDP rules?

    Why in the News?

    The Ministry of Electronics and Information Technology (MeitY) plans to complete public consultations on the draft Rules for the Digital Personal Data Protection Act, 2023, by March 5. Meanwhile, disability rights activists are urging changes to a key provision of the Act.

    Why are persons with disabilities concerned about a certain provision in the draft Rules of the Digital Personal Data Protection Act, 2023?

    • Infringement on Autonomy and Decision-Making Capacity: Section 9(1) clubs adult PwDs with children, requiring consent from a legal guardian for processing personal data. This undermines their ability to make independent decisions.
      • Example: An adult with a physical disability wanting to access online banking may be restricted if the platform requires guardian consent.
    • Lack of Clarity and Ambiguity in Implementation: The Act does not clearly outline how consent should be obtained across various disabilities and degrees of severity, leading to confusion.
      • Example: A person with limited cognitive impairment under “limited guardianship” may still be treated as entirely incapable.
    • Conflict with UNCRPD Principles: The provision conflicts with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which emphasizes supported decision-making over substituted decision-making.
      • Example: Under the RPWD Act, a PwD may receive assistance only when necessary, but the DPDP Act assumes total incapacity if a legal guardian exists, contradicting the UNCRPD framework.
    • Concerns About Privacy and Data Security: Platforms may need to collect sensitive information (like whether a user has a disability) to verify guardianship status, raising privacy concerns.
    • Exclusion from Digital Services: The additional procedural burden on PwDs and data fiduciaries could lead to exclusion from essential digital platforms.

    How do guardianships for Persons with Disabilities (PwDs) function? 

    • Governed by Two Laws:
      • Rights of Persons with Disabilities (RPWD) Act, 2016:  Allows for limited guardianship, where PwDs are supported in making specific legal decisions. This aligns with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) by preserving decision-making autonomy.
      • National Trust (NT) Act, 1999: Provides for full guardianship for individuals with autism, cerebral palsy, intellectual disabilities, or multiple disabilities. This model is more paternalistic and conflicts with the UNCRPD’s emphasis on autonomy.
    • Practical Challenges: Although the RPWD Act emphasizes limited guardianship, PwDs often report that their guardians control all aspects of their lives. The NT Act’s rigid framework assumes a lack of decision-making capacity without defining clear standards for assessing it.

    How are legal guardians defined under the draft rules?

    • legal guardians: Under the draft Digital Personal Data Protection Rules, 2025, legal guardians are defined as individuals appointed through specific legal frameworks to act on behalf of persons with disabilities (PwDs).
      • Data Fiduciaries are required to verify the guardian’s appointment by a court of law, designated authority, or local-level committee under applicable guardianship laws.

    Who are data fiduciaries and data principals?

    • Data Fiduciaries: Entities (organizations, companies, or individuals) that collect, store, and process personal data while determining the purpose and means of such processing under the Digital Personal Data Protection (DPDP) Act, 2023.
    • Data principals: Individuals whose personal data is being collected, processed, or stored. This term generally refers to users, consumers, or citizens under the DPDP Act.

    Where does the conflict lie?  

    • Presumption of Incapacity vs. Legal Recognition of Capacity: The DPDP Act assumes adult PwDs lack the capacity to give consent if a guardian is involved, whereas the RPWD Act recognizes their legal capacity and promotes their right to make decisions.
      • Example: A person with mild intellectual disability working in a corporate setting may need guardian approval for routine data-related tasks, despite their ability to understand and consent.
    • Data Privacy vs. Intrusive Verification: The DPDP Act may require platforms to collect and verify sensitive disability information, potentially breaching privacy rights, while the UNCRPD emphasizes the right to privacy without discrimination.
      • Example: An online service requiring disability verification for consent could store unnecessary sensitive data, increasing risks of unauthorized access or misuse.

    Way forward: 

    • Adopt a Supported Decision-Making Model: Align the DPDP Act with the RPWD Act and UNCRPD by recognizing limited guardianship and allowing PwDs to provide independent consent with appropriate support when needed.
    • Ensure Privacy and Minimize Data Collection: Limit the collection of sensitive disability information to essential cases, ensuring purpose limitation and data minimization while protecting PwDs’ privacy rights.

    Mains PYQ:

    Q Impact of digital technology as a reliable source of input for rational decision-making is a debatable issue. Critically evaluate with a suitable example. (UPSC IAS/2021)

  • What are Zonal Councils?

    Why in the News?

    Union Home Minister chaired the 27th meeting of the Western Zonal Council in Pune.

    About Zonal Councils in India:

    Details
    Origin & Purpose
    • Proposed by Jawaharlal Nehru in 1956 to promote cooperation among states after reorganization.
    • Established under the States Reorganisation Act, 1956, with the goal of resolving inter-state disputes and ensuring balanced socio-economic development.
    Composition & Structure
    • Five Zonal Councils + North-Eastern Council (NEC).
    • Chairperson: Union Home Minister.
    • Vice-Chairperson: Chief Ministers (rotating one-year term).
    • Each state is represented by its Chief Minister + 2 ministers, with NITI Aayog participation.
    • Standing Committees of Chief Secretaries review issues before full meetings.
    Zonal Councils & Member States
    • Northern: Haryana, HP, J&K, Punjab, Rajasthan, Delhi, Chandigarh.
    • Central: Chhattisgarh, Uttarakhand, UP, MP.
    • Eastern: Bihar, Jharkhand, Odisha, West Bengal.
    • Western: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli, Daman & Diu.
    • Southern: AP, Karnataka, Kerala, Tamil Nadu, Puducherry.
    • North-Eastern Council (NEC): Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Meghalaya, Nagaland, Sikkim (added in 2002).
    Functions & Recent Developments
    • Resolves inter-state disputes, improves Centre-State coordination, addresses border issues, economic planning, transport, and linguistic minorities.
    • Strengthens cooperative federalism and regional development.
    • 2018: Union Home Minister became NEC Chairperson.
    • Modi government transformed Zonal Councils from advisory bodies to action-oriented platforms.

     

    PYQ:

    [2013] Which of the following bodies is/are not mentioned in the Indian Constitution?

    1. National Development Council

    2. Planning Commission

    3. Zonal Councils

    Select the correct answer using the codes given below.

    (a) 1 and 2 only

    (b) 2 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • SC to hear petitions against law on CEC appointment today

    Why in the News?

    Recently, the Supreme Court agreed to give priority to a hearing on February 19 regarding petitions challenging a new law that gives the central government more control over appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

    What are the issues related to CEC?

    • Challenge to the 2023 Law: The Supreme Court is hearing petitions challenging the validity of the Chief Election Commissioner and Other Election Commissioners Act, 2023. This law is under scrutiny because it excludes the Chief Justice of India (CJI) from the selection panel for Election Commissioners.
      • Petitioners argue that the government excluded the CJI from the selection process, making it a “mockery of democracy”. They allege that the appointments of the CEC and EC under the 2023 law disregard a Constitution Bench ruling that mandated the inclusion of the CJI in the selection panel.
    • Opposition Dissent: Congress submitted a dissent note, stating that the process of choosing the Election Commissioner and CEC should be free from executive interference and that removing the CJI exacerbates concerns about the integrity of the electoral process.
    • Concerns About Neutrality: The current selection committee composition, consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition, is viewed by some as being biased towards the ruling party, which could impinge on the Election Commission’s neutrality.

    What is the process for the appointment of CEC? 

    • Article 324 of the Constitution – Empowers the Election Commission of India (ECI) to supervise, direct, and control elections to Parliament, state legislatures, and the offices of the President and Vice-President.
    • Tenure & Conditions (Article 324(5)) – The CEC enjoys a fixed tenure and can only be removed in the manner prescribed for a Supreme Court judge (i.e., through impeachment). However, Election Commissioners can be removed based on the CEC’s recommendation.
    • Supreme Court Judgments:
      • S.S. Dhanoa v. Union of India (1991) – Reaffirmed the security of tenure for Election Commissioners.
      • T.N. Seshan v. Union of India (1995) – Strengthened the autonomy of the Election Commission.
      • Anoop Baranwal Case (2023) – Laid down a structured appointment process to ensure neutrality, later altered by the 2023 Act.
    • Prior to 2023 Law: The Supreme Court had directed that the CECs and Election Commissioners be appointed by the President based on the advice of a Selection Committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha/leader of the single largest party in Opposition, and the Chief Justice of India.
    • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Codified the appointment process but replaced the CJI with a Cabinet Minister in the selection process. According to this act, Election Commissioners are selected by a committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.
      • Recent Appointment: Gyanesh Kumar was recently appointed as the new CEC, and Dr. Vivek Joshi as an Election Commissioner.

    What are the legal and constitutional basis of CEC? 

    • Section 7(1) of the Act: The petitions specifically challenge the validity of Section 7(1) of the Chief Election Commissioner and Other Election Commissioners Act. This section outlines the selection committee for appointing the CEC and Election Commissioners, which includes the Prime Minister, the Leader of the Opposition, and a Union Cabinet Minister nominated by the Prime Minister.
      • The petitions before the Supreme Court question whether Parliament has the authority to nullify or amend a Constitution Bench judgment through legislation
    • Article 141 of the Constitution: The Supreme Court will consider whether the 2023 Act circumvents or dilutes the apex court’s authority to pronounce binding decisions under Article 141 of the Constitution.
    • Dilution of Supreme Court Judgment: Petitioners argue that the 2023 law dilutes the Supreme Court’s judgment in the Anoop Baranwal case, which aimed to ensure an independent Election Commission free from executive influence.

    Way forward: 

    • Restore Judicial Oversight: Reinstate the Chief Justice of India in the selection panel to uphold judicial independence and maintain the neutrality of the Election Commission.
    • Legislative Safeguards: Enact a comprehensive law ensuring a transparent and bipartisan appointment process, reducing executive dominance and reinforcing democratic principles.

    Mains PYQ:

    Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

  • Constitutional morality: the origins and nuances of the concept

    Why in the News?

    Recently, our constitutional courts have adopted the concept of “constitutional morality” to help interpret laws and decide if they are constitutionally valid.

    What is Constitutional Morality?

    • Constitutional Morality refers to the set of values, principles, and norms that underlie and guide the functioning of a constitution, ensuring that laws, governance, and judicial decisions align with the foundational ideals of the constitution, such as justice, equality, and the protection of rights.
    • It emphasizes respect for the rule of law, the adherence to constitutional procedures, and the recognition of constitutional rights, fostering a culture of civic responsibility and public reason.

    Key features of Constitutional Morality: 

    • Respect for Constitutional Values: Adherence to the core principles embedded in the Constitution, including justice, equality, and freedom, even in the face of political pressure or societal trends.
    • Commitment to Fundamental Rights: Ensures that the rights of individuals, especially those of marginalized and vulnerable groups, are protected and upheld, regardless of changing societal attitudes.
    • Judicial Integrity and Autonomy: Courts use constitutional morality as a guide to interpret laws and adjudicate cases, ensuring decisions reflect the Constitution’s values, even when confronted with controversial issues.
    • Promotion of Civic Culture: Encourages citizens to value and respect the Constitution, promoting a culture of self-restraint, responsibility, and participation in democratic processes.
    • Balancing Tradition and Progress: Constitutional morality provides a framework for balancing traditional norms with progressive reforms, ensuring that reforms are in line with constitutional principles.

    What are the Origins of Constitutional Morality?

    • The concept was first introduced by British historian George Grote in his book “A History of Greece,” where he discussed the reforms of the Athenian Constitution and emphasized the need for civic responsibility to prevent the usurpation of power. He described constitutional morality as a “paramount reverence for the forms of the Constitution”. Grote saw constitutional morality as a rare sentiment that includes freedom and self-restraint.
    • In the Indian context, the term was popularized by Dr. B.R. Ambedkar, who stressed its importance in the Indian Constitution to ensure a peaceful and free democracy. Ambedkar recognized that constitutional morality was not a natural sentiment and needed to be established and promoted within the polity.

    How Does Constitutional Morality Influence Judicial Interpretation and Governance?

    • Guiding Judicial Decisions on Fundamental Rights: Constitutional morality serves as a guide for courts when interpreting and enforcing fundamental rights, especially in cases involving marginalized or vulnerable groups. It ensures that judicial decisions reflect constitutional principles such as equality, dignity, and justice.
      • Example: In the Navtej Singh Johar v. Union of India (2018) case, the Supreme Court invoked constitutional morality to strike down Section 377 of the Indian Penal Code, decriminalizing consensual same-sex relations.
    • Balancing Tradition with Progressive Reforms: Constitutional morality allows the judiciary to balance traditional values with progressive reforms by focusing on the Constitution’s ideals rather than fluctuating public or political opinions.
      • Example: In the Sabarimala case (2018), the Supreme Court used the concept of constitutional morality to allow women of all ages to enter the Sabarimala temple.
    • Ensuring Adherence to Constitutional Procedures: Constitutional morality stresses the importance of adhering to constitutional forms, rules, and procedures, ensuring that governance remains within the framework of law and order, and preventing arbitrary or undemocratic practices.
      • Example: Judicial scrutiny in matters of electoral integrity, like the K.K. Verma v. Union of India case (2009), where the Court reaffirmed that elections must be conducted with strict adherence to constitutional norms, avoiding arbitrary changes to electoral laws.
    • Facilitating Judicial Oversight and Accountability: Constitutional morality encourages the judiciary to hold the executive and legislature accountable, ensuring they act in accordance with the Constitution. It allows courts to question and, if necessary, invalidate actions that undermine constitutional principles.
      • Example: The Keshavananda Bharti case (1973) upheld the “basic structure doctrine,” wherein the Supreme Court ruled that even constitutional amendments cannot alter the Constitution’s basic structure.

    Is constitutional morality a safeguard against fluctuating societal trends in law?

    • Bulwark Against Volatility: Constitutional morality ensures consistency in legal decisions, protecting fundamental rights and justice, regardless of changing societal trends.
      • Example: In the Navtej Singh Johar case, the Court used constitutional morality to uphold the dignity of the LGBTQ+ community, despite fluctuating public views on same-sex relations.
    • Dangerous Weapon: Critics argue constitutional morality can be used to override public opinion or traditional values, leading to judicial overreach.
      • Example: In the Sabarimala case, the Court’s decision to allow women of all ages into the temple sparked controversy, with some claiming it ignored religious customs and societal norms.

    Way forward: 

    • Strengthening Civic Education: Promote widespread understanding of constitutional morality through educational reforms, ensuring citizens are well-informed about the Constitution’s values and their role in upholding them. This can lead to greater respect for constitutional norms and active participation in democratic processes.
    • Judicial Vigilance and Reform: Ensure that the judiciary continues to use constitutional morality as a guiding principle in cases of constitutional interpretation, balancing traditional values with progressive reforms. This requires ongoing judicial training and a commitment to upholding the Constitution’s spirit, particularly in times of political or social upheaval.

    Mains PYQ:

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.(UPSC IAS/2021)

  • Why is a new Bill on foreigners coming? 

    Why in the News?

    The Union Ministry of Home Affairs (MHA) is ready to present the Immigration and Foreigners Bill 2025 during the second part of the Budget session. The bill will replace the four existing laws governing immigration and the movement of foreigners.

    What are the contours of the Immigration and Foreigners Bill, 2025? 

    • Repeal of Existing Laws: The Bill seeks to repeal four outdated laws—Foreigners Act, 1946; Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; and Immigration (Carriers’ Liability) Act, 2000—creating a unified and modern legal framework for immigration and foreigners’ movement.
    • Streamlining of Immigration Procedures: It consolidates various provisions related to passport requirements, visa regulations, foreigners’ registration, and immigration officers into a single, comprehensive document, simplifying the immigration process and reducing overlaps.
    • Security and National Interests: The Bill introduces specific grounds for refusing entry or stay, including threats to national security, sovereignty, public health, and relations with foreign states, providing a legal basis for rejecting foreign nationals on these grounds.
    • Penal Provisions: The Bill imposes stringent penalties, including up to five years of imprisonment or ₹5 lakh fine for entering without proper documents, and up to seven years imprisonment and a fine of ₹10 lakh for using forged travel documents.
    • Responsibilities of Institutions: It mandates educational institutions, hospitals, and accommodation providers (hotels/guest houses) to register foreign nationals and share their details with authorities, improving the tracking and monitoring of foreigners within India.

    What are the obligations for admitting foreign nationals? 

    • Educational Institutions and Hospitals: Universities, colleges, and medical institutions are required to admit foreign nationals and register them with authorities, ensuring proper tracking of their stay and activities in India.
    • Accommodation Providers: Hotels, guest houses, and other lodging facilities must collect and share the passport details of foreign nationals with the police, facilitating monitoring and identification.
    • Compliance with Registration Requirements: Foreign nationals are obligated to comply with the registration and reporting requirements set by the authorities, including staying within legal frameworks for their stay duration and purpose of visit.

    How does the Bill penalise the use or supply of forged passports, visas, or other travel documents?

    • Imprisonment for Using or Supplying Forged Documents: The Bill mandates imprisonment for at least two years, which could extend to seven years for individuals using or supplying forged travel documents.
      • Example: If someone uses a forged passport to enter India, they could face a prison term ranging from two years to seven years.
    • Imposition of Hefty Fines: Offenders will be penalized with fines ranging from ₹1 lakh to ₹10 lakh, depending on the severity of the offence.
      • Example: If a travel agent is caught supplying forged visas to multiple foreign nationals, they could be fined up to ₹10 lakh.
    • Penalizing Fraudulent Passport and Visa Usage: The Bill specifically criminalizes the fraudulent use of passports or visas to gain entry into India, with severe consequences.
      • Example: A person entering India with a visa obtained through misrepresentation of their identity or travel intentions could face up to seven years in prison and a fine.
    • Severe Penalties for Large-Scale Document Fraud: The Bill has provisions for severe penalties if an individual is found to be involved in a large-scale operation of producing or distributing forged documents.
      • Example: A network of individuals producing fake tourist visas for people intending to stay illegally in India would face multiple years of imprisonment and significant fines.
    • Deterrence for Document Fraud: The Bill aims to act as a strong deterrent against illegal activities related to forged documents by combining long prison sentences and high fines to dissuade such practices.
      • Example: An individual found using a fraudulent visa to work in India illegally might be arrested, detained, and penalized, both by imprisonment and a fine, to prevent further illegal entry attempts.

    Way forward: 

    • Enhance Enforcement and Training: Strengthen the capacity of immigration authorities and law enforcement by providing specialized training on detecting forged documents and ensuring effective implementation of registration requirements, especially for educational institutions and accommodation providers.
    • Promote Public Awareness and International Cooperation: Launch awareness campaigns for foreign nationals and stakeholders, such as travel agents, to emphasize the legal consequences of document fraud.

    Mains PYQ:

    Q How does illegal transborder migration pose a threat to India’s security? Discuss the strategies to curb this, bringing out the factors which give impetus to such migration. (UPSC IAS/2014)

  • A constant legal tussle over the state’s “unique constitutional status”

    Why in the News?

    Over the past decade, the Aam Aadmi Party’s government in Delhi has been in a constant legal battle with the Centre over the city’s special constitutional status and how it should be governed.

    What is the Constitutional status of Delhi? 

    • Union Territory with Special Status – Delhi is a Union Territory (UT) but has a legislative assembly and council of ministers, unlike most other UTs. It is governed under Article 239 and Article 239AA of the Indian Constitution.
    • Limited Legislative Powers – The Delhi Legislative Assembly can make laws on subjects in the State List and Concurrent List, except for police, public order, and land, which remain under the control of the Central Government (Article 239AA(3)(a)).
      • Three Power Centers – Governance in Delhi is divided among:
      • Chief Minister and Council of Ministers (elected government)
      • Lieutenant Governor (L-G) (appointed by the President)
      • Union Home Ministry (exercises control over law, order, and services).
    • L-G’s Role and Discretionary Powers – While the L-G is bound by the aid and advice of the Council of Ministers, they can refer matters to the President in case of disagreements, giving the Centre overriding authority (Article 239AA(4)).
    • Sui Generis (Unique) Model – The Supreme Court has ruled that Delhi’s governance model is neither like a full-fledged state nor like a regular Union Territory, making it a special case within India’s federal structure.

    How does Delhi differ from other Union Territories and States?

    Feature Delhi (NCT) Full-Fledged State Other Union Territories (UTs)
    Legislative Assembly Yes (since 1991) Yes No (except J&K, Puducherry)
    Elected Government Yes Yes No (except J&K, Puducherry)
    Control Over Public Order   No Yes No
    Control Over Land No Yes No
    Lieutenant Governor (L-G) Yes, has special powers No (Governor acts as ceremonial head) Yes (UTs are directly administered by L-G/Administrator)
    Power Over Services (Bureaucracy) Limited (Disputed between Delhi Govt. & Centre) Yes (State Govt. controls) No (Centre controls)
    Special Constitutional Provisions Yes (Article 239AA) No (Governed under normal state rules) No (UTs are governed under Article 239)

    What are the legal battles between Delhi and the central Government? 

    • Control Over Bureaucracy (Services Department Dispute): The Centre transferred control of Delhi’s bureaucracy (services) to the Lieutenant Governor (L-G) through a 2015 notification. The Supreme Court (2023) ruled in favor of the Delhi government, giving it power over services except police, land, and public order. However, the Centre later amended the GNCTD Act (2023) to override this decision, restoring L-G’s power over services.
      • Example: The Delhi government’s attempt to appoint bureaucrats without L-G’s approval was blocked.
    • Lieutenant Governor’s Special Powers (Interpretation of Article 239AA): The Centre argued that the L-G has overriding authority over all governance matters, while the Delhi government maintained that L-G must act on the aid and advice of the elected government. In 2018, the Supreme Court ruled that the L-G must follow the advice of the Delhi government, except in matters explicitly under the Centre’s control.
      • Example: The L-G blocked multiple decisions of the Delhi Cabinet, including the ‘Doorstep Ration Delivery’ scheme, citing procedural issues.
    • Control Over Law and Order (Police and Land Disputes): Delhi’s elected government has no control over law and order (including Delhi Police and land administration), leading to governance challenges. The Supreme Court has repeatedly upheld Centre’s control over these subjects as per Article 239AA.
      • Example: The Delhi government sought control over Delhi Police after riots in 2020, but the Centre refused, citing law and order as a central subject.

    What are the implications due to Governance Crisis and Political Fallout?

    • Administrative Paralysis and Policy Delays: Frequent clashes between the Delhi government and the L-G have stalled decision-making, leading to delays in key projects and governance paralysis.
      • Example: The Mohalla Clinics initiative for public healthcare faced repeated delays due to bureaucratic approvals and interference by the L-G’s office.
    • Reduced Accountability and Bureaucratic Resistance: With dual control over administration, bureaucrats often face conflicting orders from the elected government and the Centre, leading to inefficiency.
      • Example: The Delhi Jal Board’s water supply projects were disrupted as officers refused to follow the Delhi government’s directives, citing L-G’s authority.
    • Political Tensions and Electoral Ramifications: The governance crisis has deepened political rivalries, with the Delhi government accusing the Centre of undermining democracy, while the Centre claims Delhi needs central oversight due to its national capital status.
      • Example: The arrest of CM Arvind Kejriwal and Deputy CM Manish Sisodia in the excise policy case led to political instability and weakened AAP’s governance.

    What could happen after the election result in future?  

    • Stronger Central Control and Policy Alignment: With the BJP in power in both the Centre and Delhi, governance could become more streamlined as there would be no friction over administrative control.
      • Example: The L-G’s role in decision-making would likely diminish in practice, as seen in BJP-ruled Puducherry, where Centre-state coordination improved after a BJP-backed government took over.
    • Reversal of AAP’s Key Policies: The BJP might roll back or modify key AAP policies, such as free electricity, water subsidies, and education reforms, aligning governance with its national agenda.
      • Example: Similar to how the BJP government in Madhya Pradesh altered welfare schemes after replacing the Congress government, a BJP-led Delhi might review or discontinue AAP’s flagship initiatives.

    Way forward: 

    • Clearer Division of Powers – Amendments to Article 239AA or a judicial clarification can establish a more balanced framework, ensuring smooth governance without frequent conflicts between the Centre and the Delhi government.
    • Strengthening Cooperative Federalism – A structured dialogue mechanism between the Centre, L-G, and the elected government can improve coordination.

    Mains PYQ:

    Q Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics? (UPSC IAS/2016)