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Subject: Polity

  • Legal Status of Right to Vote

    Why in the News?

    The ongoing Supreme Court hearings on the Special Intensive Revision (SIR) of electoral rolls in Bihar have reignited discussions on the legal status of the ‘right to vote’ in India.

    About Right to Vote in India:

    • Overview: It is also known as suffrage, allows citizens to elect their representatives in democratic institutions.
    • Constitutional Basis: Guaranteed under Article 326 of the Constitution of India, which provides for universal adult franchise.
    • Eligibility: Every citizen of India aged 18 and above is entitled to vote, unless disqualified by law.
    • Supervision: Organised and overseen by the Election Commission of India.
    • Supporting Laws:
      • Representation of the People Act, 1950: Defines voter eligibility and grounds for disqualification.
      • Representation of the People Act, 1951: Governs the procedures for conducting elections.

    Judicial Interpretation:

    • N.P. Ponnuswami v. Returning Officer (1952): Declared the Right to Vote as a statutory right.
    • Jyoti Basu v. Debi Ghosal (1982): Reiterated that the Right to Vote is neither a fundamental right nor a common law right.
    • People’s Union for Civil Liberties v. Union of India (2003): Recognised the Right to Vote as at least a constitutional right.
    • Kuldip Nayar v. Union of India (2006): Held that the Right to Vote continues to be a statutory right.
    • Raj Bala v. State of Haryana (2015): Recognised the Right to Vote as a constitutional right.
    • Anoop Baranwal v. Union of India (2023):
      • Majority View: Right to Vote is a statutory right.
      • Dissenting Opinion by Justice Ajay Rastogi:
        • Linked the Right to Vote with the freedom of speech and expression under Article 19(1)(a).
        • Considered it essential to free and fair elections and thus part of the basic structure of the Constitution.

    Current Legal Status:

    • Nature: It is legally a statutory right.
    • Constitutional Context: It is shaped by constitutional provisions but does not hold the status of a fundamental right.

    Back2Basics: Other Types of Rights in India

    Description Enforceability
    Natural Rights Inherent and inalienable rights (e.g., life, liberty); not directly enforceable unless linked to fundamental rights. Indirectly through Fundamental Rights
    Fundamental Rights Guaranteed under Part III of the Constitution (e.g., right to equality, speech, life). Enforceable in Supreme Court under Article 32
    Constitutional Rights Rights given in the Constitution but outside Part III (e.g., property, trade). Enforceable under Article 226 via High Courts
    Statutory Rights Granted by ordinary laws (e.g., MGNREGA, Forest Rights Act, Food Security Act). Enforceable as per respective legislations

     

    [UPSC 2017] Right to vote and to be elected in India is a:

    Options: (a) Fundamental Right (b) Natural Right (c) Constitutional Right* (d) Legal Right

     

  • Vice-President (VP) of India

    Why in the News?

    The Vice-President of India, Jagdeep Dhankhar resigned citing health reasons, creating a rare mid-term vacancy in India’s second-highest constitutional office.

    What happens if VP resigns?

    • The Deputy Chairman of Rajya Sabha presides in his absence. No provision exists for an “acting” Vice-President.
    • Unlike the President, whose vacancy must be filled within six months, the VP election must be held “as soon as possible.”
    • The Election Commission will notify the schedule.
    • Election governed by the Presidential and Vice-Presidential Elections Act, 1952.
    • The elected candidate will serve a full 5-year term, not the remainder of Dhankhar’s term.

    About Vice-President (VP) of India

    • Position: Second-highest constitutional post; deputy to the President.
    • Parliamentary Role: Serves as ex-officio Chairman of the Rajya Sabha.
    • Succession: Ranks second in order of precedence and first in line to become President.
    • Membership: Is a member of Parliament, not directly elected by the people.
    • Qualifications:
      • Citizenship: Must be a citizen of India.
      • Age: Minimum 35 years.
      • Office of Profit: Should not hold any.
      • Parliamentary Eligibility: Must qualify for election to Rajya Sabha (unlike President, who must qualify for Lok Sabha) due to the VP’s role in the Upper House.
    • Roles and Responsibilities:
      • Rajya Sabha Chairmanship: Presides over sessions and ensures order.
      • Bill Classification: Refers money bills to the Lok Sabha Speaker.
      • No Independent Powers: Has no executive or legislative powers unless acting as President.

    Election Procedure:

    • Constitutional Basis: Governed by Article 66.
    • Electoral College: Comprises 543 Lok Sabha MPs, 233 elected Rajya Sabha MPs, and 12 nominated Rajya Sabha members.
    • Voting Method: Proportional representation by single transferable vote and secret ballot.
    • No Whip Allowed: Parties cannot issue voting whips.
    • Conduct: Managed by the Election Commission; Returning Officer is the Secretary-General of either House (on rotation).
    • Winning Quota: Requires 50% of valid votes + 1; votes are transferred in rounds if no candidate secures majority in the first round.

    Resignation and Removal:

    • Resignation
      • Article 67(a): VP submits his/her resignation to the President. Parliamentary approval is NOT needed, and the resignation takes effect immediately upon receipt.
      • No Acting VP: Constitution doesn’t provide for an acting Vice-President.
      • Presiding in Absence: Deputy Chairman of Rajya Sabha presides in VP’s absence (currently Harivansh Narayan Singh).
      • Example: Dhankhar, who took office in 2022, is only the third VP in Indian history to resign before completing his term, after V.V. Giri and R. Venkataraman.
    • Removal
      • Article 67(b): Removal process begins in Rajya Sabha with 14 days’ notice.
      • Voting Requirement: Needs effective majority in Rajya Sabha and simple majority in Lok Sabha.
      • No Grounds Specified: Constitution doesn’t list specific removal grounds.
      • Judicial Immunity: Article 122 bars courts from questioning parliamentary proceedings related to removal.
      • No Precedent: No VP has been removed so far.
    [UPSC 2013] With reference to Parliament, consider the following statements:

    1.The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.

    2.While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    Which of the statements given above is/are correct?

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

     

  • Comptroller and Auditor General (CAG) of India 

    Why in the News?

    The Comptroller and Auditor General of India’s (CAG) audit has flagged ₹573 Crore irregularities in Indian Railways.

    About Comptroller and Auditor General (CAG) of India:

    • Foundation: Established under Article 148 of the Constitution of India.
    • Independence: A constitutional authority, not subject to executive control.
    • Appointment: Appointed by the President of India.
    • Tenure: Holds office for 6 years or until the age of 65 years, whichever is earlier.
    • Removal: Can be removed by the President in the same manner and on the same grounds as a judge of the Supreme Court of India.
    • Post-Retirement Bar: Ineligible for further office under the Government of India or any State after demitting office.
    • Funding: Administrative expenses are charged upon the Consolidated Fund of India, ensuring financial autonomy.
    • Parliamentary Independence: No minister can represent the CAG in Parliament.
    • Role: Known as the guardian of the public purse and a key pillar of Indian democracy.

    Powers and Functions:

    • Audits:
      • Fund Audits: Audits expenditures from the Consolidated Fund of India, State Consolidated Funds, and Union Territory funds.
      • Other Fund Audits: Audits Contingency Fund and Public Account at both Central and State levels.
      • Departmental Audits: Reviews profit and loss accounts, balance sheets, and subsidiary accounts of government departments.
      • Authority Audits: Audits bodies and authorities substantially financed by the government.
      • Company Audits: Examines accounts of government-owned companies and corporations.
      • Special Audits: Audits other authorities when requested by the President or Governor.
    • Parliamentary Role: Acts as a guide, friend, and philosopher to the Public Accounts Committee of Parliament.
    • Public Accountability: Exposed major scams such as the 2G spectrum and coal block allocation cases.
    • Sectoral Reviews: Highlighted inefficiencies in defence, railways, and other public enterprises.

    Limitations of the office of CAG:

    • Lack of Real-Time Control: Cannot stop or approve withdrawals from the Consolidated Fund; cheques can be issued without CAG’s prior clearance.
    • Opaque Appointment: No prescribed qualifications or transparent procedure for selection; appointment is entirely executive-controlled.
    • Limited Audit Scope:
      • Excludes certain public entities like Life Insurance Corporation and public sector banks.
      • Cannot audit public-private partnerships and funds like Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund and Prime Minister’s National Relief Fund.
      • Off-budget borrowings (e.g., through National Investment and Infrastructure Fund) remain outside audit scope.
    • Post-Facto Nature: Audits occur after expenditure, limiting preventive or real-time oversight.

     

    [UPSC 2012] In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)?

    1. CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency.

    2. CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee.

    3. Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.

    4. While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law.

    Which of the statements given above is/are correct?

    Options: (a) 1, 3 and 4 only (b) 2 only (c) 2 and 3 only* (d) 1, 2, 3 and 4

     

  • The issue with criminalizing all adolescent relationships

    Why in the News?

    The Supreme Court of India’s May 2025 judgment in Re: Right to Privacy of Adolescents has come into the spotlight due to its landmark stance on adolescent sexuality, criminal justice, and the limitations of the Protection of Children from Sexual Offences (POCSO) Act in dealing with consensual relationships involving minors.

    What about the POCSO Act?

    The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a comprehensive law enacted by the Government of India to protect children (below 18 years) from sexual abuse, sexual harassment, and pornography. It ensures a child-friendly legal process and provides for special courts to conduct speedy trials.

    Why is reforming the age of consent under POCSO being debated?

    • Criminalisation of Consensual Adolescent Relationships: The current age of consent (18 years) under the POCSO Act criminalises all sexual activity involving minors, even when it is consensual and non-exploitative. Eg: In the 2025 Supreme Court case from West Bengal, a 14-year-old girl in a consensual relationship faced legal action, despite her opposition to the punishment of her partner.
    • Disconnect Between Law and Ground Realities: There is a gap between the legal framework and social realities, as many POCSO cases involve romantic relationships rather than abuse. Eg: An Enfold study (2016–2020) found that 24.3% of POCSO cases in Assam, Maharashtra, and West Bengal involved consensual romantic relationships, with 82% of victims refusing to testify against the accused.
    • Need to Recognise Adolescent Agency with Safeguards: Critics argue that adolescents aged 16–18 are capable of giving informed consent under certain conditions, and blanket criminalisation undermines their agency. Eg: The UNCRC’s General Comment No. 20 recommends non-criminalisation of consensual acts between adolescents of similar age and calls for laws that address coercion, not curtail autonomy.

    How does the 2025 Supreme Court judgment reflect a rights-based approach?

    • Upholding the Right to Dignity and Autonomy (Article 21): The Court acknowledged the woman’s emotional and financial struggles, choosing not to impose a sentence on the accused to protect her well-being and dignity. This affirms the constitutional right to life with dignity and shifts focus from punitive justice to restorative justice.
    • Prioritising the Voice of the Affected Individual: By forming an expert committee to assess the now-adult woman’s preferences before sentencing, the Court ensured her voice and agency were central to the legal outcome, a key tenet of rights-based jurisprudence.
    • Recognising Systemic Failures and Suggesting Reforms: The Court acknowledged the collective failure of social and legal systems and directed the central government to consider reforms such as comprehensive sexuality education, life-skills training, and rehabilitation support — addressing structural rights violations beyond the courtroom.

    Case study: 

    • Canada – Close-in-Age Exemption: Canada sets the age of consent at 16, but allows consensual sexual activity between adolescents through close-in-age exemptions (e.g., a 14-year-old can engage in consensual activity with someone less than 5 years older).
    • South Africa – Teddy Bear Clinic Case (2013): The Constitutional Court ruled that criminalising consensual sex between adolescents aged 12–15 violates their rights to dignity and privacy.

    How can the law better balance adolescent protection with agency? (Way forward) 

    • Introduce a Close-in-Age Exemption: Laws can decriminalise consensual relationships between adolescents close in age (e.g., 16–18), while still penalising exploitation or coercion. Eg: Several countries (like Canada) apply a “close-in-age” defence to avoid criminalising consensual teenage relationships.
    • Differentiate Between Exploitative and Non-Exploitative Acts: Legal provisions should recognise that not all sexual activity involving adolescents is exploitative. The law must distinguish abuse of power from mutual adolescent relationships. Eg: General Comment No. 20 under UNCRC urges states not to criminalise non-exploitative, consensual adolescent activity.
    • Incorporate Adolescent Perspectives in Legal Processes
      Courts should ensure that adolescents’ voices and choices are considered, especially in determining intent, coercion, and consent. Legal procedures should be sensitive to their evolving capacities. Eg: In Re: Right to Privacy of Adolescents (2025), the Supreme Court consulted the adolescent before deciding sentencing.

    Mains PYQ:

    [UPSC 2024] 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.

    Linkage: The article talks about the  right to privacy of young individuals, particularly in the context of their relationships and the subsequent legal interventions that deeply impact their lives. The Supreme Court’s revisiting of its stance and prioritizing the voice of the young person under Article 142 demonstrates the judiciary’s role in interpreting fundamental rights like privacy in complex social scenarios involving adolescents.

  • Untouchability Cases Drop, Pendency Rises

    Why in the News?

    The 2022 Annual Report on the Protection of Civil Rights (PCR) Act, 1955, sheds light on the declining registration of untouchability-related offences and systemic inefficiencies in enforcing the law.

    Key Highlights of the 2022 Annual Report:

    • The report was released by Ministry of Social Justice and Empowerment.
    • Only 13 cases were registered under the PCR Act in 2022, showing a decline from previous years.
    • No state or UT declared any area as “untouchability-prone.”
    • Courts had 1,242 cases pending; out of 31 disposed, ONLY 1 led to conviction.
    • In contrast, 62,501 cases were filed under the SC/ST Act, highlighting its growing use.
    • 18,936 inter-caste marriage couples received financial incentives, but data from several major states was missing.

    About Protection of Civil Rights (PCR) Act, 1955 and Its Provisions:

    • Enacted under Article 35 to implement Article 17 and criminalize untouchability.
    • Originally titled the Untouchability Offences Act, 1955, renamed and strengthened in 1976.
    • Key Provisions:
      • No provision for pardon; any conviction leads to disqualification from elections.
      • Penalties: Up to 2 years imprisonment, ₹2000 fine, or both.
      • Any right denied due to untouchability is considered a civil right under the Act.
    • Preventive Measures under the SC/ST (Prevention of Atrocities) Act, 1989:
      • Aimed at curbing atrocities and providing victim protection and rehabilitation.
      • Establishes special courts and police cells.
      • In some cases, allows firearms for self-defense by vulnerable SC/ST individuals.

    Understanding ‘Untouchability’ and Its Abolition:

    • What is it: Untouchability refers to social discrimination based on caste, historically excluding certain communities from public, religious, and social spaces.
    • Constitutional Safeguard: Article 17 of the Constitution of India abolishes untouchability and prohibits its practice in any form.
    • Legal Status: Any disability arising from untouchability is declared a punishable offence under Article 17.
    • Nature of the Right under Article 17: Article 17 is an absolute fundamental right with no exceptions, applicable to both state and private actors.
    • Lack of Definition: The term “untouchability” is not explicitly defined in the Constitution or in related legislation but is understood as referring to caste-based social discrimination.
    • Scope of Discrimination: Untouchability includes denial of access to public utilities, places of worship, public services, education, and market services.

    Various Judgments Related to Untouchability:

    • Devarajiah v. Padmanna (1961): This case reaffirmed that Article 17 is intended to eliminate inhuman treatment based on caste distinctions.
    • State of Karnataka v. Appa Balu Ingale (1993): The judgment likened untouchability to slavery and held that the caste system must be eradicated for democracy and the rule of law to survive.
    • Union of India v. People’s Union for Democratic Rights (1982): The Court ruled that violations of Article 17 by private individuals also warrant state intervention.
    • Union of India v. Safai Karamchari Andolan (2014): The Court directed the implementation of the Manual Scavengers and Dry Latrines (Prohibition) Act, 1993, and mandated rehabilitation, skill training, and compensation for families of victims of sewer deaths.

     

    [UPSC 2020] Which one of the following categories of ‘Fundamental Rights incorporates against untouchability as a form of discrimination?

    Options: (a) Right against Exploitation (b) Right to Freedom (c) Right to Constitutional Remedies (d) Right to Equality*

     

  • [14th July 2025] The Hindu Op-ed: Secularism — implicit from day one, explicit in 1976

    PYQ Relevance:

    [UPSC 2024] Discuss India as a secular state and compare with the secular principles of the US Constitution.

    Linkage: The article talks about the concept of secularism was deeply embedded in India’s foundational principles long before the word was explicitly added to the Constitution. The question directly asks for a discussion of India as a secular state and a comparison with the secular principles of the US Constitution. This necessitates an understanding of the fundamental nature and historical evolution of Indian secularism, which aligns perfectly with the theme of “implicit from day one, explicit in 1976.”

     

    Mentor’s Comment:  Indian secularism is a core constitutional and civilizational value, not a foreign imposition. Secularism was always embedded in India’s political philosophy—rooted in Ashoka’s Dhamma, the freedom struggle, and Nehruvian ideals—long before the term was explicitly added to the Preamble in 1976.

    Today’s editorial analyses the ongoing national debate on secularism in India. This topic is important for  GS Paper II (Indian Polity) in the UPSC mains exam.

    _

    Let’s learn!

    Why in the News?

    Recently, the ongoing national debate on secularism in India, especially in light of rising Hindutva narratives, political calls to re-examine or delete the word “secular” from the Constitution, and broader questions about the role of religion in Indian politics and governance.

    What is the Indian model of secularism?

    • Equal respect for all religions: Unlike strict separation models (like in France), Indian secularism does not oppose religion but ensures that the state maintains a principled distance and treats all religions equally.
    • Religious autonomy with state neutrality: It protects religious communities from state interference, while also allowing the state to intervene in religious practices that violate fundamental rights (e.g., banning untouchability, regulating temple entry).
    • Rooted in pluralism and history: It draws from India’s civilizational ethos, including Ashoka’s Dhamma, and the ideals of the freedom struggle, ensuring a harmonious coexistence of diverse faiths within a democratic framework.

    Why did the Constitution’s framers reject a state religion for India?

    • Commitment to Equality and Non-Discrimination: The framers believed the state must treat all religions equally to ensure religious freedom and equal citizenship, irrespective of faith. Eg: The 1928 Motilal Nehru Report and 1931 Karachi Resolution explicitly advocated for state neutrality in religious matters.
    • Historical Legacy of Tolerance: India’s long tradition of religious pluralism, influenced by Ashokan edicts, emphasised coexistence and respect for all faiths, not state endorsement of one. Eg: Ashoka’s Rock Edict 7 promoted the idea that all religions should coexist peacefully.
    • Avoidance of Theocracy and Communal Division: After witnessing Partition and its communal violence, the framers feared that endorsing a state religion would deepen sectarian divides and weaken national unity. Eg: Even Syama Prasad Mookerjee and the Hindu Mahasabha’s 1944 draft constitution did not support declaring Hinduism as the state religion.

    What are the risks of redefining secularism in India’s current context?

    • Erosion of Religious Neutrality of the State: Redefining secularism could weaken the state’s impartial stance in religious matters, leading to preferential treatment for the majority religion and marginalisation of minorities. Eg: The growing demand to formally declare India a Hindu Rashtra could alienate religious minorities and threaten inclusive governance.
    • Undermining Constitutional Morality and Democratic Ideals: Secularism is part of the basic structure doctrine upheld by the Supreme Court. Altering it could compromise constitutional values like liberty, equality, and fraternity. Eg: The Kesavananda Bharati case (1973) affirmed secularism as an inviolable part of the Constitution.
    • Increase in Communal Polarisation and Social Instability: Shifting away from secularism may embolden majoritarian narratives, intensify hate speech, and provoke inter-religious conflicts, disrupting national unity. Eg: The Ram Temple consecration in 2024, influenced more by political decisions than theological consensus, reflects state intrusion into religious space.

    What can India learn from global models of religion–state relations?

    • Balance between Symbolism and Equality: Countries like England and Greece recognize a dominant religion symbolically (e.g., Anglican Church or Greek Orthodox Church), yet uphold equal rights and religious freedom for all citizens through constitutional guarantees. India can maintain its spiritual heritage while ensuring non-discrimination and equality in law.
    • Institutional Autonomy with Legal Safeguards: Ireland and Sri Lanka offer models where religion is acknowledged culturally, but the state cannot endow or control religious institutions, preserving religious autonomy and legal protection for minority practices. India can reinforce legal safeguards for all religions while maintaining a non-theocratic state.
    • Flexible Jurisdictional Models: In Western Thrace (Greece) and Sri Lanka, minority religious communities have the option to resolve disputes through personal or religious laws, within constitutional limits. India can explore plural legal frameworks that respect cultural autonomy without compromising constitutional supremacy.

    What are the steps taken by the Indian Government? 

    • Equal Treatment of All Religions: The state maintains neutrality in religious affairs — it does not promote or adopt any state religion, ensuring equal respect for all communities (e.g., no public funding for religious instruction in state-funded educational institutions).
    • Minority Rights Protection: Through Articles 29 and 30, the government protects cultural and educational rights of religious and linguistic minorities, allowing them to establish and manage educational institutions of their choice.
    • Personal Law Autonomy: The state allows different religious communities to follow their own personal laws in matters like marriage, divorce, and inheritance, reinforcing religious autonomy while also subjecting them to judicial review.
    • Legal Actions Against Communalism: The government has enacted laws like the Religious Institutions (Prevention of Misuse) Act, Places of Worship Act, 1991, and anti-hate speech provisions to prevent communal violence, hate speech, and religious polarization.
    • Representation and Inclusion: Reservation in educational institutions and government jobs for socially and educationally backward classes, including religious minorities, promotes inclusive development.

    Way forward: 

    • Strengthen Constitutional Literacy: Promote public awareness about secular values enshrined in the Constitution through education and civic outreach to counter misinformation and foster interfaith harmony.
    • Ensure Political Neutrality in Religious Matters: Enforce strict separation between religion and politics, preventing the misuse of religion for electoral gains and ensuring the State remains neutral in matters of faith.

  • Nominated Members to the Rajya Sabha

    Why in the News?

    The President of India has nominated Harsh Vardhan Shringla, Ujjwal Nikam, C. Sadanandan Master, and Meenakshi Jain to the Rajya Sabha.

    Nominated Members to the Rajya Sabha

    About Nominated Members to the Rajya Sabha:

    • Number and Tenure: The President of India nominates 12 members to the Rajya Sabha for a six-year term.
    • Purpose of Nomination: This provision is meant to honor individuals with exceptional contributions in the fields of arts, literature, science, and social service.
    • Constitutional Basis: This right is granted to the President under the Fourth Schedule, in accordance with Articles 4(1) and 80(2) of the Constitution of India.
    • Constitutional Provisions for Nominated Members:
      • Article 80(1)(a): Provides for nomination of 12 members to the Rajya Sabha by the President.
      • Article 80(3): Specifies that the nominees must have special knowledge or practical experience in one or more of the following fields: Literature; Science; Art; Social service.

    Composition of the Rajya Sabha:

    • Total Strength: The current strength of the Rajya Sabha is 245 members, comprising:
      • 233 elected members representing States and Union Territories
      • 12 nominated members by the President
    • Permanent Nature: The Rajya Sabha is a permanent body and is not subject to dissolution.
    • Biennial Retirement: One-third members retire every two years, and elections are held to fill the vacant seats.

    Powers and Privileges of Nominated Members:

    • Equal Rights in House Proceedings: Nominated members enjoy all powers, privileges, and immunities of an elected Member of Parliament.
    • Participation in Proceedings: They can take part in all debates, discussions, and committees in the House.
    • Voting Rights Exceptions:
      • They cannot vote in the election of the President of India.
      • They can vote in the election of the Vice President.
    • Political Affiliation Provision: According to Article 99, a nominated member is given six months to join a political party after being nominated.
    [UPSC 2014] Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House. 2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    Which of the statements given above is/are correct?

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

     

  • What are Autonomous District Councils (ADC)?

    Why in the News?

    Mizoram Governor has imposed Governor’s Rule in the Chakma Autonomous District Council (CADC) due to prolonged political instability and repeated leadership changes.

    About Autonomous District Councils (ADCs):

    • Basis: They are local self-governing institutions established under the Sixth Schedule of the Indian Constitution.
    • Coverage: ADCs are constituted in tribal areas of the northeastern states—Assam, Meghalaya, Tripura, and Mizoram (ATM2) [Sixth Schedule] 
    • Purpose: These councils aim to provide autonomy to tribal communities to preserve their culture, customs, and govern their local affairs.
    • Notification: Each tribal area notified under the Sixth Schedule is declared an autonomous district, governed by its respective ADC.
    • Objective: The primary objectives of ADCs are to promote tribal self-governance, ensure local development, and protect tribal identity and rights.

    Note: The Constitution provides for the reservation of seats in Panchayats for STs.

    Key Features of ADCs

    • Legal Status: ADCs are formed through constitutional provisions under the Sixth Schedule and are not governed by state laws.
    • Council Composition: Each ADC comprises up to 30 members, of which 26 are elected by adult suffrage and 4 are nominated by the Governor.
    • Tenure: The tenure of an ADC is 5 years from the date of its constitution.
    • Scope of Authority: ADCs have legislative, executive, and limited judicial powers specific to the needs of tribal communities.
    • Applicability of Laws: State and Central laws do not automatically apply in ADC areas unless explicitly extended by the Governor.

    Powers and Functions of ADCs:

    • Law-Making Powers: ADCs can enact laws on land management, agriculture, and forest use (excluding reserved forests).
    • Customary Regulations: They can regulate inheritance, marriage, divorce, and social customs, and appoint traditional chiefs and headmen.
    • Local Administration: It oversee services such as primary education, dispensaries, roads, markets, and fisheries.
    • Judicial Functions: Councils can establish village courts to try civil and criminal cases involving tribal members, with sentencing powers up to five years.
    • Regulation of Trade: They may regulate money lending and trade by non-tribals, subject to Governor’s approval.
    • Revenue Sources: It can levy taxes on professions, trades, animals, vehicles, markets, ferries, and public infrastructure like roads and schools.

    Autonomy and Limitations:

    • Degree of Autonomy: ADCs enjoy substantial legislative and administrative autonomy within their territorial jurisdiction.
    • Non-Applicability of General Laws: Parliamentary and State laws apply only when directed by the Governor, ensuring self-rule.
    • Governor’s Oversight: Despite autonomy, the Governor retains discretionary powers and can approve, modify, or annul council decisions.
    • Financial Constraints: ADCs often face limited revenue generation, which restricts their developmental effectiveness.
    • Administrative Challenges: Operational issues include leadership instability, shortage of trained personnel, and state-level interference in council functions.
    [UPSC 2015] The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to:Options: (a) protect the interests of Scheduled Tribes * (b) determine the boundaries between States (c) determine the powers, authority and responsibilities of Panchayats (d) protect the interests of all border States

  • ‘Consider Aadhaar, EPIC, ration card as proof ’

    Why in the News?

    Recently, the Supreme Court of India has intervened in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, urging the Election Commission (EC) to consider documents like Aadhaar, EPIC, and ration cards as valid identity proof.

    Why did the SC question Aadhaar’s exclusion from voter ID documents?

    • Widespread Use for Identity Verification: The Court noted that Aadhaar is one of the most widely used and accepted documents for establishing identity in India. It questioned why Aadhaar, considered essential for obtaining various official documents, was excluded while documents like caste certificates were included.
    • Relevance to Identity, Not Citizenship: The Court emphasized that the Special Intensive Revision (SIR) process is about verifying identity, not citizenship. Since Aadhaar serves that purpose effectively, its exclusion lacked justification.
    • Non-Exclusivity of Document List: The Court highlighted that the Election Commission’s list of 11 acceptable documents was not exhaustive, and in the interest of justice, Aadhaar, EPIC, and ration cards should also be considered valid for voter registration.

    What issues surround the timing and conduct of the SIR in Bihar?

    • Short and Rigid Timelines: The Supreme Court noted that the 30-day deadlines for citizens to verify and submit documents were too short, raising concerns about procedural fairness.
    • Unclear Classification of SIR: The Court observed that the Bihar SIR was neither “summary” nor “special” as defined under Section 21 of the Representation of the People Act, 1950, making the exercise appear legally ambiguous.

    Why is Aadhaar controversial in proving voter citizenship?

    • Not a Proof of Citizenship: The Aadhaar Act clearly states that Aadhaar is meant for identity verification, not citizenship confirmation. It can be issued to non-citizens who are residents, which makes it unreliable as evidence for voting eligibility.
    • Risk of Inclusion Errors: Using Aadhaar may result in non-citizens being wrongly enrolled as voters due to data inaccuracies or misuse, thereby compromising the integrity of the electoral rolls.
    • High Dependence Among Marginalised Groups: In regions like Bihar, 87% of people have Aadhaar, but few possess documents like passports or matriculation certificates. If Aadhaar is excluded, vulnerable citizens risk disenfranchisement, raising concerns about equity and access.

    What are the issues related to the Adhaar Card and NPR in India? 

    • Overlap of Purpose and Confusion on Citizenship: While Aadhaar is officially a tool for identity verification and welfare delivery, and NPR is for creating a register of residents, their perceived linkage with citizenship screening (especially post-CAA debate) has led to widespread fear and confusion. Eg: During the 2020 NPR update, several states (e.g., West Bengal, Kerala) halted implementation, citing concerns over its potential use for citizenship determination.
    • Privacy and Data Security Concerns: Both Aadhaar and NPR involve massive collection of personal data, but the legal and technological safeguards for privacy and misuse remain inadequate. Aadhaar has faced leaks, while NPR has been criticised for seeking sensitive demographic data without clear purpose. Eg: In 2018, UIDAI acknowledged multiple cases where Aadhaar data was accessible through public domains or appswithout authorisation.
    • Exclusion due to Documentation Gaps: Aadhaar and NPR can inadvertently exclude individuals lacking proper documentation—especially the poor, migrants, or marginalised groups—from public services or the voter list. Eg: Reports from Jharkhand revealed cases where lack of Aadhaar linkage led to denial of PDS rations, contributing to hunger-related deaths.

    Way forward: 

    • Strengthen Legal Safeguards and Clarity: Enact clear legislative guidelines to distinguish the roles of Aadhaar, NPR, and citizenship documentation, ensuring they are not misused for exclusionary practices. A robust data protection law must accompany these measures.
    • Promote Inclusion and Transparency: Ensure all government identity and registration drives are conducted with public awareness, grievance redressal mechanisms, and opt-out provisions for vulnerable groups, to prevent exclusion and build trust in institutions.

    Mains PYQ:

    [UPSC 2014] Two parallel run schemes of the Government viz. the Adhaar Card and NPR, one as voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits, discuss whether or not both schemes need run concurrently. Analyse the potential of the schemes to achieve developmental benefits and equitable growth.

    Linkage: This PYQ directly relates to the essence of the statement “Consider Aadhaar, EPIC, ration card as proof” by focusing on the Aadhaar Card and the debates and implications surrounding its use as a governmental tool.

  • What are Zonal Councils?

    Why in the News?

    Union Home Minister recently highlighted that 83% of issues discussed in Zonal Council meetings have been resolved, reaffirming their role as effective platforms for intergovernmental cooperation.

    What are Zonal Councils?

    • Establishment: They are statutory bodies established under the States Reorganisation Act, 1956; they are not constitutional bodies.
    • Purpose: Their main goal is to promote cooperation and coordination among states, union territories, and the central government.
    • Basis for Zoning: Zones were drawn based on natural divisions, cultural and linguistic affinity, river systems, and security needs.
    • Zonal Division: India is divided into five zones—Northern, Central, Eastern, Western, and Southern—with a separate Zonal Council for each:
      1. Northern Zonal Council: Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Delhi, Chandigarh
      2. Central Zonal Council: Chhattisgarh, Uttarakhand, Uttar Pradesh, Madhya Pradesh
      3. Eastern Zonal Council: Bihar, Jharkhand, Odisha, West Bengal
      4. Western Zonal Council: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli, Daman & Diu
      5. Southern Zonal Council: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Puducherry

    Note: 

    • North-Eastern Council (NEC) (separate body): Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Meghalaya, Nagaland, Sikkim (added in 2002)
    • The union territories of Andaman and Nicobar Islands and Lakshadweep are NOT members of any of the Zonal Councils. However, they are presently special invitees to the Southern Zonal Council.

    Composition and Structure of Zonal Councils:

    • Chairperson: Each Zonal Council is chaired by the Union Home Minister.
    • State Representation: The Chief Ministers of all states in the respective zone are members of the Council.
    • Additional Members: Each state nominates two additional ministers; administrators of union territories also participate.
    • Vice-Chairperson Role: The role of Vice-Chairperson rotates annually among the Chief Ministers.
    • Standing Committees: These are formed with Chief Secretaries of states and meet ahead of full sessions to finalize the agenda.

    Functions and Responsibilities:

    • Cooperation & Consensus: Promote interstate and Centre-state cooperation through dialogue and consensus-building.
    • Key Issues Addressed: Economic and social planning, Border disputes, Inter-state transport, Linguistic minority concerns etc.
    • Advisory Role: While the councils’ recommendations are advisory, they play a vital role in dispute resolution and coordinated policy formulation.

    Recent Developments and Significance:

    • Leadership in NEC: In 2018, the Union Home Minister became the Chairperson of the North Eastern Council, signaling a push for broader integration.
    • Revitalization under Modi Government: Zonal Councils have evolved into dynamic, action-oriented platforms rather than passive advisory bodies.
    • Strengthening Federalism: These councils now actively contribute to cooperative federalism, resolve disputes, and accelerate regional development.
    • Efficacy in Implementation: With 83% of agenda issues resolved, Zonal Councils demonstrate increasing political will and effectiveness in addressing regional challenges.
    [UPSC 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.

    Options: (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3