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Subject: Fundamental Rights,DPSP

1. History + Evolution
2. Features
3. Amendments
4. Basic Structure

  • History and Evolution of the Office of Governor

    Why in the News?

    The recent Supreme Court verdict on the powers of the President and Governors regarding assent to Bills under Articles 201 and 200 highlights the evolution of the office of the Governor and its changing role in India’s federal structure.

    Evolution of the Office of Governor:

    • Formal Establishment (1858): The office of the Governor was established under the Government of India Act of 1858, which transitioned administration from the East India Company to the British Crown. Governors acted as agents of the Crown and had significant powers in provincial administration.
    • Montagu-Chelmsford Reforms (1919): The GoI Act of 1919, under the Montagu-Chelmsford Reforms, aimed to increase Indian participation but kept the Governor central to governance, including vetoing Bills passed by legislative councils.
    • GoI Act of 1935: The GoI Act of 1935 gave provincial autonomy but retained the Governor’s discretionary powers, including vetoing Bills and withholding assent, signalling a transition toward more autonomy while maintaining significant Governor authority.
    • Post-Independence Transition (1947): As India moved toward independence, the India (Provisional Constitution) Order of 1947 modified the 1935 Act. It removed the phrase “in his discretion,” reducing the Governor’s discretionary powers and signalling a shift to a more symbolic and constitutional role.
    • Constituent Assembly Debates: It debated whether Governors should be elected or nominated. Concerns over separatism led to the decision that Governors would be nominated by the President to maintain unity and strengthen ties with the Centre, especially after the partition.
    • Post-Independence Framework: Before Independence, various documents and political proposals, including the Commonwealth India Bill (1925) and the Nehru Report (1928), supported retaining the office of the Governor, inspired by the Westminster model of governance.

    Constitutional Role of the Governor:

    • Article 163: The Governor acts on the advice of the Council of Ministers headed by the Chief Minister, except in certain discretionary situations.
    • Ambedkar’s Views: Dr. B.R. Ambedkar advocated for limited use of discretionary powers, ensuring the Governor’s actions align with the advice of the ministers.
    • Article 200: The Governor must grant assent to Bills, but may withhold assent, reserve the Bill for the President, or return it for reconsideration. Ambedkar amended this in 1949 to ensure the Governor acts in alignment with the elected government.
    • Symbolic and Impartial Role: The Governor is expected to represent the Union, support democratic functioning, and remain non-interfering in day-to-day state affairs.
    • Discretionary Powers: The Governor’s discretion is limited to constitutional guidelines and should be used sparingly, ensuring the Governor’s role remains constitutional, not political.
    [UPSC 2017] In the context of Indian history, the-principle of ‘Dyarchy (diarchy)’ refers to:

    (a) Division of the central legislature into two houses.

    (b) Introduction of double government i.e., Central and State governments.

    (c) Having two sets of rulers; one in London and another in Delhi.

    (d) Division of the subjects delegated to the provinces into two categories. *

     

  • Unnecessary amendment: On the RTI Act

    Why in the News?

    The Right to Information (RTI) Act has clearly helped make those in power more accountable in India. However, in recent years, there have been efforts to weaken some of its important provisions, even though the Act — a major reform — was passed 20 years ago.

    What is the role of Section 8(1)(j) of the RTI Act in promoting transparency?

    • Balances Privacy and Public Interest: Section 8(1)(j) permits denial of personal information only if it has no relationship to public activity or interest or causes an unwarranted invasion of privacy. Eg: An officer’s medical records may be withheld, but details of their salary or qualifications can be disclosed if it serves public interest.
    • Includes a Public Interest Override: Even if information is personal, it must be disclosed if larger public interest is involved. Eg: A bureaucrat’s caste certificate was disclosed in public interest when he was accused of using a fake caste certificate to secure a reserved post.
    • Enhances Accountability of Public Officials: Prevents misuse of power by allowing scrutiny of officials’ actions, qualifications, and benefits. Eg: RTI queries have uncovered cases of bogus educational degrees among elected representatives and civil servants.
    • Empowers Citizens to Seek Information: It strengthens democratic participation by giving citizens access to relevant information on public functionaries. Eg: Citizens have used RTI to access asset declarations of elected representatives and government officers.
    • Prevents Blanket Denial of Information: Ensures that authorities cannot reject RTI requests merely by labeling the information as ‘personal’; they must justify how it affects privacy and weigh it against public interest. Eg: Information about government employees’ attendance records or transfers can be accessed to detect nepotism or irregularities.

    Why does Section 44(3) of the DPDP Act, 2023 worry transparency advocates?

    • Removes Public Interest Safeguard: Section 44(3) amends Section 8(1)(j) of the RTI Act by eliminating the provision that allowed disclosure of personal information in public interest. Eg: A fake caste certificate case could now be shielded from scrutiny as the information might be denied without evaluating public interest.
    • Enables Blanket Denial Through Vague Definition: The term “personal information” is broad and undefined, enabling authorities to classify many types of public-relevant data as private. Eg: Details like educational qualifications or property disclosures of public servants could be denied under the label of “personal”.
    • Undermines RTI as a Transparency Tool: It weakens the RTI Act’s core intent by restricting access to information that previously helped expose corruption and misconduct. Eg: RTI requests that once revealed official misconduct or nepotism in postings may now be rejected citing privacy under the DPDP Act.

    How does the DPDP amendment deviate from the intent of the K.S. Puttaswamy judgment?

    • Ignores the Balancing Principle of Privacy and Transparency: The K.S. Puttaswamy judgment (2017) upheld the right to privacy but emphasized that it must be balanced with other fundamental rights, including the right to information and public interest. Eg: The DPDP amendment removes the RTI Act’s public interest test, allowing personal information to be withheld even when it reveals corruption or fraud.
    • Undermines Democratic Accountability: The judgment did not suggest overriding transparency laws like RTI but stressed minimum and necessary restrictions on information access. Eg: Instead of proportionate safeguards, the DPDP Act allows authorities to blanket-deny RTI requests without assessing public relevance.
    • Distorts the Spirit of “Informed Citizenry”: Puttaswamy emphasized that transparency is essential for democracy, and privacy cannot be used to shield public officials from scrutiny. Eg: Information such as public officials’ property details or caste certificates may now be refused, limiting citizens’ ability to hold them accountable.

    What information could now be denied under the amended RTI provisions as ‘personal’?

    • Educational Qualifications and Certificates: Details about the academic background or degrees of public servants could be withheld as “personal information” under the amended provision. Eg: RTI queries that previously revealed fake degrees of elected representatives may now be denied.
    • Caste and Community Certificates: Information related to caste status, often crucial in verifying eligibility for reservation benefits, may be deemed private. Eg: In cases where a public official allegedly used a fake caste certificate, such details could be denied under the privacy shield.
    • Property, Assets, and Financial Disclosures: Disclosures regarding property holdings, assets, and liabilities of government employees might be refused by classifying them as personal. Eg: RTI applications that earlier exposed disproportionate assets could now be blocked.

    Way forward: 

    • Restore Public Interest Safeguard: Amend the DPDP Act to reinstate the public interest clause from Section 8(1)(j) of the RTI Act, ensuring transparency is not overridden by vague privacy claims.
    • Define ‘Personal Information’ Clearly: Provide a narrow and precise definition of “personal information” to prevent misuse and ensure critical public accountability data remains accessible.

    Mains PYQ:

    [UPSC 2020] “Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss.

    Linkage: The discussion from 2020 highlights the ongoing attention on potential changes to the RTI Act. It shows that the issue of amending the RTI Act and its effects has been a concern for some time.

  • Telangana becomes first State to notify Sub- categorization of SCs

    Why in the News?

    The Telangana government has officially implemented the sub-categorization of Scheduled Castes (SCs) into three groups, following a Supreme Court judgment in August 2024 that upheld the constitutionality of sub-classifying SCs and Scheduled Tribes (STs) to grant separate quotas for the most marginalized groups.

    Telangana becomes first State to notify Sub- categorization of SCs

    About Scheduled Castes (SCs) and Their Subcategorization:

    • SCs are a historically marginalized group identified in India’s Constitution to receive preferential treatment in education, employment, and political representation.
    • Constitutional Provisions:
      • Article 341: Empowers the President to specify castes as SCs within states or UTs.
      • Article 342: Allows Parliament to include/exclude castes from the SC list.
    • While grouped for reservations, disparities exist within SCs, with some groups being more disadvantaged than others.
    • Subcategorization involves dividing SCs into smaller groups based on social, economic, and educational backwardness, ensuring the most marginalized receive targeted benefits.
    • Sub-classification of SCs and STs for reservations is subject to judicial review to prevent misuse.

    Supreme Court Verdict on Sub-categorization: State of Punjab v. Davinder Singh (2020) Case

    • In its August 2024 verdict, the Supreme Court allowed states to sub-classify SCs and STs, enabling separate quotas for the most marginalized groups.
    • Key Points:
      • Empirical Data: Subclassification must be based on data of systemic discrimination, not political motives.
      • Creamy Layer: Excludes the more advanced members of SCs/STs, applying the creamy layer principle.
      • Quota Limits: No sub-categorization can exceed the overall constitutional quota ceiling.
      • First-Generation Benefit: Reservations are restricted to the first generation of a family that has not benefitted from previous reservations.

     

    [UPSC 2005] Which one of the following statements is correct regarding population?

    (a) Bihar has the highest percentage of Scheduled Castes in its population.

    (b) The decadal growth of population of India (1991-2001) has been below 20%.

    (c) Mizoram is the Indian State with the least population.

    (d) Pondicherry has the highest sex ratio among the Union Territories.

     

  • A Governor’s conduct and a judgment of significance

    Why in the News?

     In The State of Tamil Nadu vs. The Governor of Tamil Nadu and Another, a two-judge Bench of the Supreme Court of India, led by Justice J.B. Pardiwala and Justice R. Mahadevan, reaffirmed that Governors’ powers are limited and must follow constitutional boundaries.  

    What constitutional issue was addressed in the Tamil Nadu vs the Governor case?

    Aspect Details Example
    Limits of Gubernatorial Discretion (Article 200) The Governor cannot withhold assent to a Bill indefinitely or act independently of the elected State Cabinet, except in constitutionally specified situations. The role is largely ceremonial. Governor of Tamil Nadu withheld assent to 12 Bills, including those on the appointment of Vice-Chancellors to public universities.
    Constitutional Obligations of the Governor and State Executive The Governor is bound by the advice of the State Cabinet and cannot act on personal discretion unless explicitly permitted by the Constitution. This upholds representative democracy. Governor delayed referrals to the President without valid reasons, thereby undermining the democratic function of the State Legislature.
    Judicial Review of Governor’s Actions Article 361 gives personal immunity to the Governor but does not shield official actions from judicial review. Courts can check if actions comply with the Constitution and democratic norms. Supreme Court held that the Governor’s inaction violated the Constitution, and invoked Article 142 to deem the Bills as assented to, resolving the legislative deadlock.

    Why was the Governor’s inaction on Tamil Nadu Bills ruled unconstitutional?

    • Violation of Constitutional Duty under Article 200: The Governor is constitutionally bound to either assent to a Bill, withhold assent (and return it for reconsideration), or reserve it for the President. Indefinitely sitting on Bills without any action violates this mandate. Eg: The Governor kept 10 re-enacted Bills pending without any action or justification, undermining the role of the legislature.
    • Undermining the Principles of Representative Democracy: By not acting on duly passed Bills, the Governor disregarded the advice of the elected Council of Ministers, thereby disrupting the democratic process and the legislative will of the people. Eg: Despite the Tamil Nadu Assembly passing the Bills again in a special session, the Governor forwarded them to the President without consulting the State Cabinet, showing a lack of respect for democratic norms.

    When can a Governor use discretion under Article 200?

    • When a Bill Affects the Powers of the High Court: The second proviso to Article 200 allows the Governor to reserve a Bill that directly affects the powers of the High Court for the President’s consideration. Eg: If a State law tries to curtail the High Court’s jurisdiction or authority, the Governor can use discretion to reserve it.
    • When Presidential Assent is Constitutionally Mandatory: If a Bill falls under categories where presidential assent is specifically required (such as laws under Article 31C that seek immunity from judicial review), the Governor may reserve it. Eg: A Bill claiming protection under Article 31C, linked to Directive Principles, must be reserved for the President.
    • When a Bill Fundamentally Undermines Constitutional Values: The Governor can act without ministerial advice if the Bill threatens the basic structure or core values of the Constitution. Eg: A Bill that violates secularism or federalism in an extreme manner could justify the Governor’s discretionary action.

    How did the Supreme Court invoke Article 142 to resolve the constitutional deadlock in the Tamil Nadu Bills case?

    • Used Article 142 to Ensure Complete Justice: The Court exercised its special power under Article 142 to deliver complete justice by deeming the 10 re-enacted Bills as having received the Governor’s assent. Eg: Instead of waiting for further assent or action from the Governor, the Court directly validated the Bills to avoid further delays in governance.
    • Bypassed Unworkable Remedies Like Mandamus: Issuing a writ of mandamus (to compel the Governor to act) was seen as ineffective since the Governor is protected from personal liability under Article 361. Eg: Since the Governor cannot be punished for contempt, the Court chose Article 142 as a more enforceable solution.
    • Restored the Legislative Authority of the State: By invoking Article 142, the Court reinforced the principle that the Governor cannot override the will of an elected legislature through inaction Eg: This prevented indefinite delays in implementing laws passed by the Tamil Nadu Assembly, thus preserving democratic functioning.

    Why was issuing a writ of mandamus deemed inadequate?

    • Governor is Immune Under Article 361: The Constitution grants the Governor personal immunity from legal proceedings while in office, making it difficult to enforce any court directive. Eg: Even if the Court issued a mandamus to compel assent or action, the Governor could not be held legally accountable for ignoring it.
    • Mandamus Cannot Be Enforced Practically: Courts cannot force a Governor to exercise discretion in a particular way, only to consider doing so—making the remedy ineffective when deliberate inaction is involved. Eg: If the Governor simply delays action without giving reasons, courts have limited tools to compel a timely decision.
    • Could Cause a Constitutional Standoff: Forcing the Governor through judicial direction risks undermining the separation of powers and could lead to a deadlock between constitutional authorities. Eg: If the Governor resists the court order, it could trigger a conflict between the judiciary and the executive, weakening the constitutional balance.

    Way forward: 

    • Codify Time Limit for Assent: Amend the Constitution or enact a statutory framework to prescribe a reasonable time limit (eg: 30 days) within which the Governor must act on Bills to prevent indefinite delays.
    • Enhance Legislative Oversight: Establish a mechanism for State Legislatures to seek judicial clarification or initiate review when the Governor delays action, reinforcing accountability and upholding democratic norms.

    Mains PYQ:

    [UPSC 2022] Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

    Linkage: This question directly addresses the legislative powers of the Governor, a key aspect of their conduct. The second part specifically asks about the legality of re-promulgation of ordinances, which can be a contentious issue and often involves judicial scrutiny. This relates to the constitutional limits on the Governor’s powers, similar to the issues raised in the article.

  • Parliament passes Waqf (Amendment) Bill 2025 as Rajya Sabha grants approval

    Why in the News?

    After over 12 hours of debate and late-night voting, tensions rose over ministers taking a break and Congress faced criticism from INDI allies over supporting a government-backed Bill.

    What are the key provisions of the Waqf (Amendment) Bill?

    • Inclusion of Non-Muslim Members: The Bill makes it mandatory to have at least two non-Muslim members in both the Central Waqf Council and State Waqf Boards. Eg: A State Waqf Board in Uttar Pradesh will now include two non-Muslim members to ensure diversity and broader oversight.
    • Enhanced Transparency and Accountability: The bill mandates the digitization of all Waqf records on a centralized portal, ensuring real-time monitoring and preventing unauthorized transactions. Eg: Waqf institutions earning over ₹1 lakh annually must undergo audits by state-sponsored auditors.
    • Women Must Receive Inheritance Before Waqf: Before any property is dedicated as Waqf, women must receive their rightful share of inheritance under Islamic law. Eg: A man cannot donate ancestral property to a mosque as Waqf unless his daughters have first received their inheritance portion.
    • Waqf Boards Cannot Arbitrarily Declare: The amendment removes the Waqf Board’s earlier power to unilaterally declare any property as Waqf without due process. Eg: If there’s a dispute about a piece of land, the Waqf Board must now legally verify ownership instead of directly labeling it as Waqf land.
    • Restructuring of Waqf Tribunals: The structure of Waqf Tribunals is changed to include a district judge, a joint secretary-level government officer, and an expert in Muslim law. Appeals can go to the High Court within 90 days. Eg: A property dispute handled by the Waqf Tribunal in Delhi can now be appealed in the Delhi High Court within three months.

    Why did the Opposition criticize the Bill? 

    • Violation of Religious Freedom and Philanthropy Rights: The Opposition argued that banning non-Muslims from creating Waqf violates their freedom to donate or support causes of other religions. Eg: If a Hindu philanthropist wishes to donate land to a mosque for educational purposes, the law now prohibits it from being treated as Waqf.
    • Interference in Personal and Religious Affairs: Critics said the Bill marks excessive state interference in the religious practices of Muslims, especially by restructuring Waqf Tribunals and mandating non-Muslim representation in Waqf Boards. Eg: The inclusion of non-Muslims in bodies managing Islamic religious endowments is seen by some as an imposition on community autonomy.
    • Lack of Consultation and Political Targeting: Opposition parties claimed the Bill was introduced without adequate consultation with stakeholders, including Muslim scholars, religious leaders, or civil society groups. It was viewed as part of a broader political narrative targeting minorities. Eg: The sudden change in who can create Waqf (only Muslims with 5+ years of practice) was criticized as being done without meaningful dialogue with the affected community.

    How much property is currently recorded under Waqf in India?

    • Registered properties: As of March 2025, Waqf boards in India manage approximately 8.72 lakh (872,000) registered properties, encompassing over 38 lakh (3.8 million) acres of land. Eg: Uttar Pradesh: Approximately 2.1 lakh Waqf properties,  West Bengal: Around 78,000 properties and Kerala: About 55,000 properties.
    • Spread Across Prime Urban and Rural Areas: Waqf land is spread across prime locations in cities and fertile lands in villages, often facing issues of encroachment and poor management. Eg: In Delhi and Mumbai, many Waqf lands are located in commercial hubs, but are underutilized or illegally occupied.

    Who can donate to Waqf under the new law?

    Under the Waqf (Amendment) Bill, 2025, only practicing Muslims who have been adhering to their faith for at least five years are eligible to donate property as Waqf. This provision aims to ensure that donations are genuine and voluntary, reinstating a pre-2013 rule

    How has this changed from the 2013 Waqf Act?

    Aspect Waqf Act, 2013 Waqf (Amendment) Bill, 2025
    Who can create Waqf Any person (including non-Muslims) could create a Waqf Only practicing Muslims (for at least 5 years) can create Waqf
    Inclusion of non-Muslims in Waqf Boards Only Muslims were members of Waqf Boards and the Central Waqf Council At least 2 non-Muslim members must be included in both Boards and Council
    Waqf Board’s power to declare property Waqf Boards could unilaterally declare any property as Waqf (Section 40) This power is removed; Boards cannot declare any property Waqf without due process
    Women’s inheritance rights in family Waqf Not clearly defined or enforced Ensures women receive inheritance before family property is converted into Waqf
    Composition of Waqf Tribunals Tribunals had members appointed by the state, often lacking legal or religious expertise Must include a district judge, joint secretary-level officer, and Muslim law expert
    Appeal Mechanism Appeals were limited and unclear in some cases Clear provision for appeal to the High Court within 90 days

    Way forward:

    • Promote Inclusive Dialogue and Trust-building: Establish structured consultations with religious leaders, civil society, and legal experts to address concerns and foster transparency.
    • Strengthen Implementation with Oversight: Ensure effective digitization, fair dispute resolution, and regular audits through independent oversight bodies to prevent misuse and encroachment.

    Mains PYQ:

    [UPSC 2019] What are the challenges to our cultural practices in the name of secularism.

    Linkage: Potential conflicts between secular principles and the freedom to practice cultural and religious traditions in India.

  • Among Ministries, Home Affairs ‘dropped’ most assurances

    Why in the News?

    Since 2014, the Ministry of Home Affairs made 421 assurances in the Lok Sabha and 338 in the Rajya Sabha. However, it dropped about 15% of the assurances in the Lok Sabha and 12% in the Rajya Sabha, which is the highest among all the ministries in both houses.

    What is an ‘Assurance’ in the parliamentary process, and how is it tracked?

    • An assurance in the parliamentary process is a commitment made by a Ministry or the executive during a parliamentary session, where the government undertakes to take further action or report back on a matter raised by a Member of Parliament (MP). Example: If an MP asks about the status of a government project, and the Minister promises to provide an update or take further action, that promise becomes an assurance.
    • Tracking of Assurances: Assurances are tracked by the Ministry of Parliamentary Affairs using the Online Assurance Monitoring System (OAMS). The system keeps records of whether assurances are fulfilled, pending, or dropped. If an assurance is not fulfilled within three months, the Ministry must apply for an extension or request that it be dropped.Example: A query about the status of the Adani ports, raised by Congress MP B. Manickam Tagore in 2023, resulted in an assurance, but as of 2024, the assurance remains pending.

    Why has the Ministry of Home Affairs dropped the highest number of assurances in Parliament?

    • Lack of Follow-up on Critical Issues: The Ministry often fails to follow through on assurances related to significant national security issues, leading to unfulfilled promises. For example, a question on the state-wise number of terrorist attacks and the number of terrorists arrested and killed, raised by former MP Sirajuddin Ajmal in 2014, was left unanswered, and the assurance was dropped.
    • Delayed Response to Investigative Matters: The Ministry often fails to follow up on assurances related to complex investigations. An example is the question raised by MP Asaduddin Owaisi in 2014 regarding ‘out of turn promotions’ and ‘gallantry awards’ given to policemen involved in fake encounters, which remained unanswered and was eventually dropped.
    • Inability to Fulfill Commitments on Security Incidents: The Ministry has been slow in responding to assurances related to major security incidents. For instance, questions raised by MP Manish Tiwari in 2019 and 2020 regarding the Pulwama terror attack investigation were not fully addressed, resulting in these assurances being dropped.

    Which ministries have the most pending and dropped assurances in the Lok Sabha and Rajya Sabha?

    • Ministry of Home Affairs: The Ministry of Home Affairs has the highest number of dropped assurances across both the Lok Sabha and Rajya Sabha. For example, questions regarding terrorist attacks and the status of security-related investigations, like the one raised by former MP Sirajuddin Ajmal about terrorist attacks, have not been answered, leading to the dropping of the assurance.
    • Other Ministries with High Numbers: Besides the Home Ministry, other ministries like Finance, Law and Justice, Road Transport and Highways, and Railways also feature among the top ministries with the most dropped assurances. For example, the assurance related to the investigation of the Adani Group, raised by MP Mahua Moitra in 2021, was dropped by the Finance Ministry despite the promise of further details on foreign investments and SEBI’s inquiry.

    How does the Online Assurance Monitoring System (OAMS) help in tracking government assurances?

    • Tracking and Monitoring: The Online Assurance Monitoring System (OAMS) allows for real-time tracking of assurances made by the government in Parliament. It records and publishes the status of each assurance, ensuring that the government is held accountable for its commitments. For example, the OAMS portal shows that nearly 65% of the assurances made in 2024 in the Lok Sabha were still pending as of March 24, 2024.
    • Transparency and Accountability: OAMS provides transparency by making the status of all assurances accessible to the public. This helps track whether ministries are fulfilling their promises in a timely manner or whether they request extensions. For example, it highlighted the pending status of the assurance regarding the Adani Group’s ports, made in 2023, which has still not been addressed.

    What are some notable examples of assurances that remain pending or were dropped between 2014 and 2024?

    • Adani Group Ports Assurance: In 2023, Congress MP B. Manickam Tagore asked about the status of government-constructed ports and the volume of trade at Adani-owned ports compared to state-owned ventures. The assurance given in response to this question remains pending as of 2024.
    • Investigation into the Adani Group: In 2021, MP Mahua Moitra raised the issue of investigating the Adani Group and foreign portfolio investors owning stakes in the company. The Finance Ministry provided some details but later dropped the assurance, leaving the matter unresolved.
    • Pulwama Terror Attack Assurances: Congress MP Manish Tiwari raised questions about the Pulwama terror attack in 2019 and 2020, but the Ministry of Home Affairs dropped the assurances related to those questions, leaving the issues without a formal follow-up.

    Way forward: 

    • Strengthening Follow-Up Mechanisms: To improve accountability, there should be a more robust system for tracking and following up on assurances. Ministries should be mandated to provide periodic updates, and a dedicated parliamentary committee could be formed to ensure timely resolution.
    • Enforcing Deadlines for Assurance Fulfillment: The government should consider setting stricter deadlines for fulfilling assurances, with consequences for non-fulfillment.

    Mains PYQ:

    Question: “Winning of ‘Hearts and Minds’ in terrorism-affected areas is an essential step in restoring the trust of the population. Discuss the measures adopted by the Government in this respect as part of the conflict resolution in Jammu and Kashmir.” [UPSC 2024]

    Linkage: Counter-terrorism efforts and the situation in Jammu and Kashmir, both significant areas of responsibility for the MHA. In response to such a question, the MHA might give assurances about specific measures being taken, data on their impact, or future plans.

  • Delimitation: Thinking beyond Population Count

    Why in the News?

    The discussion on delimitation and financial distribution has caused worries in Parliament and State Assemblies, as it could affect India’s federal system, especially with the upcoming end of the freeze on parliamentary seats.

    What are the key concerns in delimitation and financial devolution?

    • Impact on Federalism: The redistribution of seats may reduce representation for some states, especially those with better demographic management, affecting their political influence. Example: Southern states like Tamil Nadu and Kerala may lose seats relative to northern states like Uttar Pradesh and Bihar.
    • Population vs. Representation Imbalance: States with high population growth could gain more seats, while those that controlled their population may be underrepresented. Example: The 2026 delimitation may increase seats in northern states, reducing the share of states like Karnataka and Andhra Pradesh.
    • Financial Allocation Disparity: The shift from the 1971 population base to the 2011 census for financial devolution may disadvantage states that effectively controlled population growth. Example: The 15th Finance Commission’s formula increased the weight of population (from 0.15 to 0.27), benefiting larger states like Uttar Pradesh.
    • Challenges of Caste and Gender-Based Reservations: Any redistribution must ensure that marginalized communities continue to receive fair representation despite demographic changes. Example: The Women’s Reservation Bill and SC/ST reserved seats need careful adjustments post-delimitation to maintain proportional representation.

    Why are peninsular States anxious about delimitation?

    • Reduction in Lok Sabha Seats: States like Tamil Nadu, Kerala, and Karnataka have controlled population growth, whereas states like Uttar Pradesh and Bihar have higher birth rates.Example, If seats are redistributed based on 2026 population projections, peninsular states may lose seats while northern states gain more representation.
    • Unfair Distribution of Financial Resources: The 15th Finance Commission shifted to using the 2011 Census for fund allocation, benefiting high-population states. Example: Tamil Nadu and Kerala, despite better governance, receive fewer funds compared to Uttar Pradesh and Madhya Pradesh, which have weaker social indicators.
    • Penalty for Development Success: Southern states invested in education, healthcare, and family planning, successfully controlling their population. Example: Kerala’s high literacy rate and Tamil Nadu’s low fertility rate may lead to fewer seats, reducing their voice in national decision-making.

    How did the 15th Finance Commission adjust population weightage?

    • Shift from 1971 to 2011 Census Data: The 15th Finance Commission replaced the 1971 Census with the 2011 Census for financial devolution, increasing the weightage of states with larger populations. Example: Uttar Pradesh and Bihar, with high population growth, received a greater share of central funds.
    • Incorporation of Demographic Performance: To balance the impact on states with controlled population growth, the commission introduced a demographic performance criterion. Example: Kerala and Tamil Nadu, which successfully reduced fertility rates, were given some weightage to offset their lower population share.
    • Increased Weightage for Population Component: The weightage for population in financial devolution increased from 15% (in previous commissions) to 27% under the 15th Finance Commission. Example: Madhya Pradesh and Rajasthan, with high population growth, benefited more from this adjustment.

    What is the role of demographic performance in allocation and representation?

    • Balancing Population Growth with Development: Demographic performance considers not just population size, but how well a state has managed population growth, improving socio-economic indicators like fertility rates and life expectancy.
      • Example: Kerala, which has a low birth rate due to effective family planning policies, might not see a drastic population increase but still deserves fair representation based on its demographic success.
    • Addressing Disparities in Development: States with high population growth but poor demographic performance (e.g., high fertility rates, poor health outcomes) may receive less weight in allocation to balance out the disparity with better-performing states.
      • Example: Bihar and Uttar Pradesh, which have high population growth but relatively poor health and education indicators, may see their representation balanced with the inclusion of demographic performance factors.
    • Promoting Equity in Resource Allocation: Demographic performance allows for a more equitable distribution of resources by considering how well states manage their population and its needs. This ensures that states with better demographic indicators, like lower infant mortality or higher literacy rates, are not unfairly penalized in devolution and allocation.
      • Example: Tamil Nadu, which has effectively reduced its population growth while improving key development metrics, should be rewarded with adequate representation despite its smaller population size compared to more populous states like Madhya Pradesh.

    Which alternatives to absolute population can guide representation? (Way forward)

    • Population Density-Based Representation: Instead of using absolute population, population density (people per square kilometer) can be a guiding factor to ensure fair representation. Example: The Northeastern states (e.g., Arunachal Pradesh, Nagaland) have smaller populations but are allocated seats based on geographical and density considerations.
    • Demographic Performance as a Criterion: States that have successfully controlled population growth should not be penalized; demographic performance (such as fertility rates and health indicators) can be factored in. Example: Tamil Nadu and Kerala, which have lower fertility rates, could be granted additional weightage to compensate for their lower population growth.

    Mains PYQ:

    Question: What is the basis of regionalism? Is it that unequal distribu- tion of benefits of development on regional basis eventually promotes regionalism? [UPSC 2016]

    Linkage: Focusing solely on national population figures might mask significant regional disparities that need to be addressed through differentiated policies and resource allocation.

  • Section 44(3) of the DPDP Act

    Why in the News?

    Opposition parties have raised concerns over the Digital Personal Data Protection (DPDP) Act, 2023, demanding the repeal of Section 44(3), claiming it could undermine the Right to Information (RTI) Act, 2005.

    About DPDP Act and Section 44(3)

    • Recognizing the right to privacy as fundamental in India, the Supreme Court in Justice K.S. Puttaswamy vs. Union of India (2017) led to the introduction of the DPDP Act in 2023.
    • The Act regulates the processing of personal data, balancing individual privacy rights and lawful processing needs.
    • Key Provisions: It mandates informed consent, establishes a Data Protection Board of India (DPBI), and outlines the responsibilities of data fiduciaries in ensuring data protection.
    • Section 44(3) modifies Section 8(1)(j) of the RTI Act, which previously exempted personal information from disclosure unless public interest justified it.
    • The amendment broadens this exemption, stating that all personal information should be exempt from disclosure, without requiring a public interest justification.

    Concerns Related to Section 44(3)  

    • Reduced Transparency: Activists and critics argue that this section undermines the RTI Act, which has been a cornerstone of transparency and accountability in governance.
    • Limited Access to Public Information: The broad exemption allows government officials to shield information like asset disclosures, which are critical for public accountability.
    • Potential for Misuse: There are concerns that personal data protection could be used as an excuse to block vital information about government activities, weakening the public’s right to know.
    • Conflict Between Public Interest and Privacy: Critics argue that privacy protection should not override the principle of transparency.

    Back2Basics: Right to Information (RTI) Act, 2005

    • The RTI Act, 2005 empowers Indian citizens to seek information from public authorities, ensuring transparency and accountability in governance.
    • RTI is considered a fundamental right under Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression,
    • Key Features:
      • Applicability: Covers all government bodies, including central, state, and local authorities.
      • Public Information Officers (PIOs): Designated officials who are responsible for providing requested information within 30 days.
      • Exemptions: Some categories of information are exempted, such as national security matters and personal privacy.
      • Penalty: Officials can face fines for failing to provide information without valid reasons.

     

    [UPSC 2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

    (a) Article 14 and the provisions under the 42ndAmendment to the Constitution.

    (b) Article 17 and the Directive Principles of State Policy in Part IV.

    (c) Article 21 and the freedoms guaranteed in Part III.

    (d) Article 24 and the provisions under the 44thAmendment to the Constitution.

     

  • SC stays HC’s ‘inhuman’ remarks on rape bid

    Why in the News?

    On Wednesday, March 26, 2025, the Supreme Court put a hold on an Allahabad High Court ruling from March 17. The High Court had stated that just grabbing a minor girl’s breasts, breaking the string of her pyjama, and trying to pull down her lower garment were not enough to consider it an attempt to rape.

    What was the basis of the Allahabad High Court’s March 17 order regarding the attempt to rape charge?

    • Reclassification of the Offense to Lesser Charges: Instead of attempt to rape (Section 511 IPC, Section 18 POCSO Act), the High Court downgraded the charges to Section 354(b) IPC (assault with intent to disrobe) and Section 9 POCSO Act (aggravated sexual assault).
    • “Thoughtful Consideration” Despite Clear Trauma: The judgment stated that the case had been reviewed with “thoughtful consideration and meticulous examination of facts”, yet concluded that the offense of attempt to rape was not prima facie made out.

    Why did the Supreme Court find the High Court’s observations “insensitive” and “inhuman”?

    • Contradiction Between Facts and Conclusion: The High Court acknowledged the victim’s trauma—that the accused grabbed her breasts, broke the string of her pyjama, and tried to drag her under a culvert—but still concluded that this did not amount to an attempt to rape.  
      • Example: A case where an accused undresses and assaults a victim but is not charged with an attempt to rape, despite clear intent, shows a failure to apply legal principles correctly.
    • Failure to Recognize the Seriousness of the Crime: The judgment downplayed the gravity of the accused’s actions by modifying the charge from attempt to rape to mere sexual assault, despite the victim being a minor. 
    • Delayed Judgment Despite “Thoughtful Consideration”: The case was reserved for judgment in November 2024 but the order was passed in March 2025, showing deliberate and conscious decision-making. The insensitivity was not a spur-of-the-moment error but a considered opinion.  
    • Misinterpretation of “Determination” to Commit Rape: The High Court ruled that the lack of direct penetration or explicit intent meant there was no determination to commit rape, ignoring legal precedents where actions leading up to rape have been considered an attempt.
      • Example: In State of Maharashtra v. Mohd. Yakub (1980), the Supreme Court ruled that even preparatory acts leading to a crime can constitute an attempt. Here, forcibly undressing and dragging the minor away indicated clear criminal intent.
    • Disregard for Judicial Responsibility and Victim’s Dignity: The Supreme Court highlighted that such remarks from a High Court judge could set a dangerous precedent, potentially discouraging victims from seeking justice.  

    What steps did the Supreme Court take after staying the Allahabad High Court’s order?

    • Declared the High Court’s Observations “Insensitive and Inhuman”: The Supreme Court strongly criticized the Allahabad High Court’s order, stating that it displayed a “complete lack of sensitivity” and was “unknown to the tenets of law”. Example: Justice Gavai remarked that the judgment’s graphic description of the minor’s trauma only to dismiss the charge of attempt to rape was completely unjustified.
    • Issued Notice to the Union Government and the State of Uttar Pradesh: The Court directed the Central and State governments to respond to the matter, ensuring a higher level of scrutiny and legal accountability. Example: By involving government authorities, the Supreme Court ensured that the prosecution and legal framework around sexual offenses against minors were properly examined.
    • Allowed the Victim’s Mother to Join the Case: The Court granted liberty to the minor victim’s mother to implead herself in the case, ensuring that the victim’s family had a direct say in the proceedings. Example: This step allowed the victim’s mother to challenge the High Court’s dilution of charges and advocate for stronger legal action.
    • Directed the Supreme Court Registry to Communicate the Order to the Allahabad High Court: The Court instructed its Registry to forward the stay order to the Allahabad High Court Chief Justice, urging necessary action against the Single Judge’s ruling. Example: This move signaled that the Supreme Court wanted the High Court’s Chief Justice to review and possibly take corrective measures on the judgment.
    • Listed the Case for Further Hearing After Two Weeks: The Supreme Court scheduled the matter for further hearing, ensuring continuous judicial oversight and preventing any further miscarriage of justice. Example: This step kept the case active in the Supreme Court’s docket, preventing delays and allowing for immediate corrective action if required.

    Way forward: 

    • Judicial Sensitization and Training on Gender Justice: Regular sensitization programs for judges, especially in cases involving sexual offenses, should be conducted to ensure judgments are aligned with the spirit of laws protecting women and minors.
    • Strengthening Legal Precedents and Accountability Mechanisms: The Supreme Court should establish clear guidelines on what constitutes attempt to rape to prevent judicial misinterpretation. Review mechanisms should be in place to scrutinize judgments that dilute charges in serious offenses.

    Mains PYQ:

    Question: “Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.” (UPSC 2024)

    Reason: This question directly relates to the broader theme of gender justice, which includes the protection of women and children from sexual violence. The Supreme Court’s intervention in the High Court’s order demonstrates its commitment to upholding gender justice and ensuring a sensitive interpretation of laws related to crimes against women and children.

  • What is Finance Bill?

    Why in the News?

    Initiating the debate on the Finance Bill in the Lok Sabha, Shashi Tharoor said south Indian States have been the engines of growth and revenue but don’t get their due share from the Central pool of revenue.

    About Financial Bills:

    • Article 117 of the Constitution governs financial bills. It stipulates special provisions for the introduction of financial bills, outlining their requirements and procedures.
    • According to Rule 219 of the Rules of Procedure of the Lok Sabha, a Finance Bill is typically introduced to give effect to the financial proposals for the next financial year or to address supplementary financial proposals.
    • A Finance Bill is introduced in the Lok Sabha after the annual budget has been presented.
    • The Bill does not include provisions as per Article 110 but still involves expenditure from the Consolidated Fund of India.
    • It follows the same legislative process as an ordinary bill, where:
      • Rajya Sabha can reject or amend it.
      • In case of a deadlock, a joint sitting of both Houses may be convened.
    • The President can either assent to the Bill or return it for reconsideration.
    • All money bills are financial bills, but not all financial bills are money bills.
    • Only bills that exclusively deal with matters listed in Article 110 (such as taxes, borrowing, or the management of Consolidated Fund of India ) qualify as money bills.

    Types of Financial Bills:

    • Type-I: Financial Bills under Article 110
      • These bills contain provisions related to matters specified in Article 110(1)(a) to (f), which include taxation, borrowing, and the expenditure of funds from the Consolidated Fund of India (CFI).
      • These bills are a combination of both money bills and ordinary bills. They are treated like money bills but also include non-financial matters that do not strictly fit into Article 110.
    • Type-II: Financial Bills under Article 117(3)
      • These bills involve expenditure from the Consolidated Fund of India but do not fall under the money bill category.
      • They follow the same legislative procedure as an ordinary bill and may be amended or rejected by the Rajya Sabha. In the case of disagreement between the two Houses, the President can call a joint sitting to resolve the deadlock.
    [UPSC 2022] 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