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Subject: Polity

  • Tighten the process: On the Election Commission of India, election processes

    Why in the News?

    After the 2024 Maharashtra Assembly elections, Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, raised serious concerns about the fairness and transparency of how the elections were conducted.

    What are the concerns about voter roll changes in Maharashtra?

    • Abnormal Increase in Voter Numbers: Over 39 lakh new voters were added within just six months after the general election. Eg: The Hindu’s analysis revealed similar spikes before Assembly polls in 2014 as well, suggesting a pattern of inflated rolls.
    • Lack of Transparency and Verification: The Election Commission of India (ECI) has not released machine-readable data to allow public or party-level verification. Eg: Without verifiable voter roll data, political parties cannot check for duplication or manipulation.
    • Insufficient Involvement of Political Parties: The voter roll update process often excludes timely input from political parties, reducing scrutiny and accountability. Eg: Parties raise objections post-election rather than being involved during roll revision, weakening trust in the process.

    Why is restricting CCTV access controversial?

    • Reduces Transparency in the Voting Process: Limiting access to CCTV footage raises suspicion about irregularities or malpractice. Eg: The Centre’s amendment to the Conduct of Election Rules, 1961 restricts access, despite demands by political parties like Congress.
    • Hinders Complaint Verification: Without footage, it’s difficult to verify allegations of booth-level misconduct. Eg: Parties cannot validate anomalies in voter turnout after 5 p.m. or respond effectively to irregularities.
    • Undermines Democratic Accountability: Lack of access is viewed as eroding public trust and weakening institutional checks. Eg: Denial of footage suggests the Election Commission is avoiding scrutiny instead of ensuring electoral integrity.

    How did the ECI address late voting allegations?

    • Dismissed Claims of Abnormal Turnout Post 5 PM: The Election Commission of India (ECI) clarified that there was no significant spike in voter turnout after 5 p.m. during the 2024 Maharashtra Assembly elections. Eg: Analysis showed that the voting pattern was consistent with past trends, not unusually high after 5 p.m.
    • Clarified Nature of Provisional Turnout Data: ECI stated that provisional turnout figures, especially those shared via apps, are based on manual inputs and may contain discrepancies. Eg: App-based data can differ from final turnout due to delays and entry errors during polling day.
    • Relied on Final Booth-Level Data (Form 17C): The ECI emphasized that accurate data comes from Form 17C, which is compiled after polling ends and includes machine-verified figures. Eg: Final turnout is based on actual vote counts from EVMs and VVPATs, not manual estimates.

    What was the recommendation of supreme court? 

    The Supreme Court, in a 2023 judgment, recommended that the Chief Justice of India (CJI) be part of the selection committee for appointing Election Commissioners, to ensure independence and neutrality. Eg: The Court proposed a 3-member panel comprising the Prime Minister, Leader of Opposition, and CJI to prevent unilateral government control.

    Way forward: 

    • Ensure Transparent Electoral Roll Management: Involve all political parties in the electoral roll revision process, with machine-readable public data access for verification and accountability.
    • Implement Supreme Court’s Recommendations: Reconstitute the Election Commissioner selection panel to include the Chief Justice of India, ensuring impartiality and strengthening public trust in electoral institutions.

    Mains PYQ:

    [UPSC 2018] In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

    LInkage: The “trustworthiness of elections in India” and the challenges faced by the Election Commission of India (ECI) in this regard, which is a core concern behind the need to “tighten the process.” The article highlight various issues that challenge election trustworthiness, such as questions raised by the Leader of the Opposition, Rahul Gandhi, concerning “abnormal increase in voters listed in electoral rolls,” “higher turnout numbers after 5 p.m. on voting day,” and the Centre’s amendment to rules restricting “access to CCTV footage of the polling process.

  • Appointment and Removal of High Court Judges

    Why in the News?

    The Centre will bring a motion of removal against a Judge of the Allahabad High Court and has initiated the process of building an all-party consensus for this action.

    Qualifications of Judges of High Court:

    • Article 217(2) of the Constitution states that a person is qualified if:
      • They have held judicial office in India for at least 10 years, or
      • Have been an advocate in a High Court (or more than one in succession) for at least 10 years.
    • Tenure: As per Article 217(1), a High Court judge holds office till the age of 62 years.
    • Disputes over Age: Under Article 217(3), if a question arises regarding a judge’s age, the President, in consultation with the CJI, makes the final decision.

    Appointment Process of High Court Judges:

    • Constitutional Basis: The Article 217 of the Constitution provides that High Court judges are appointed by the President of India after consultation with the Chief Justice of India (CJI), the Governor of the state, and, in the case of judges (not Chief Justices), the Chief Justice of the High Court concerned.
    • Role of the Collegium System: The Collegium, comprising the CJI and 2 senior-most judges of the Supreme Court, plays a key role in recommending names for appointments. It ensures collaborative decision-making and maintains the independence of the judiciary.
    • Procedure:
      1. The Chief Justice of the High Court initiates the recommendation.
      2. The proposal is forwarded to the Chief Minister, who advises the Governor.
      3. The Governor sends it to the Union Law Minister, who places it before the Prime Minister, and then the President for final approval.
    • Policy for Chief Justices: To prevent local bias, Chief Justices of High Courts are generally appointed from outside the state.
    • Appointments and Transfers: The CJI and senior judges of the Supreme Court also decide on transfers of High Court judges, ensuring judicial autonomy and minimizing executive influence.

    Removal:

    • Process: Judges of the High Court (and Supreme Court) can only be removed through removal, not by executive action.
      • Requires a motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
      • The motion is examined by a three-member committee.
      • If the committee finds grounds, the motion is debated and must be passed by a two-thirds majority in both Houses of Parliament.
    • Legal Framework: The Judges (Inquiry) Act, 1968 outlines the detailed procedure for investigating and acting upon misconduct by judges.
    • In-House Inquiry Mechanism: For internal disciplinary matters:
      • The CJI may order a preliminary inquiry based on credible complaints.
      • A three-judge panel is constituted if allegations are serious.
      • If the committee confirms misconduct, the CJI may ask the judge to resign.
      • If the judge refuses, the judicial work is withdrawn, and removal may be considered.

    Historical Removal Efforts:

    • No judge has been impeached in India, though attempts have been made, including the failed motions against Justice V Ramaswami (1993) and Justice Soumitra Sen (2011).
    • Justice V Ramaswami (1993): Faced removal for financial misconduct, but the motion failed in the Lok Sabha.
    • Justice Soumitra Sen (2011): Resigned after removal proceedings for misappropriating funds.
    • Justice K Veeraswamy: Chief Justice of Madras HC, investigated for corruption but challenged the investigation. The case remained unresolved until his death in 2010.
    • Justice Shamit Mukherjee (2003), Justice Nirmal Yadav (2008), and Justice SN Shukla (2017): Faced criminal charges for corruption after in-house inquiries found substantial evidence against them.

     

    [UPSC 2007] Consider the following statements:

    1. The mode of removal of a Judge of a High Court in India is the same as that of the removal of a Judge of the Supreme Court. 2. After retirement from office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India.

    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

     

  • Making a Law cannot amount to Contempt of Court: Supreme Court

    Why in the News?

    The Hon’ble Supreme Court has ruled that any law passed by Parliament or a State Legislature cannot be considered an act of contempt of court.

    Supreme Court’s Verdict on the Issue:

    • Context: The Court heard a 2012 contempt plea, alleging that the Chhattisgarh government violated its 2011 ruling against supporting Salwa Judum and arming tribals as SPOs.
    • Disputed Law: Petitioners argued the Chhattisgarh Auxiliary Armed Police Force Act, 2011 violated the earlier ruling.
    • Court’s Clarification: Passing a new law is within the plenary powers of legislatures and cannot be treated as contempt unless declared unconstitutional.
    • Proper Remedy: The correct approach is to challenge the law’s validity, not to file for contempt.
    • Separation of Powers: The Court upheld that legislature can modify or override judgments through new laws, if they respect constitutional boundaries.

    About Contempt of Court:

    • Purpose: Contempt of court refers to actions or behaviors that are disrespectful to, or that obstruct or interfere with, the administration of justice by a court. It protects the authority and dignity of the judiciary from acts that obstruct or interfere with justice.
    • Constitutional Basis:
      • Article 129 allows the Supreme Court to punish for its own contempt.
      • Article 215 grants the same power to High Courts.
      • Article 19(2) permits reasonable speech restrictions for contempt cases.
    • Legal Definition: The Contempt of Courts Act, 1971 defines contempt; the 2006 amendment allows truth and good faith as defences.
    • Types:
      • Civil Contempt is the wilful disobedience of court orders.
      • Criminal Contempt involves actions that scandalise the court, interfere with proceedings, or obstruct justice.
    • Punishment: Offenders may face up to 6 months imprisonment, or a ₹2,000 fine, or both.
    • What Is Not Contempt: Fair reporting and genuine criticism of judgments after disposal are not considered contempt.
    [UPSC 2022] Consider the following statements:

    1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.

    2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.

    3. The Constitution of India defines Civil Contempt and Criminal Contempt.

    4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.

    Which of the statements given above is/are correct?

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

     

  • The importance of the Deputy Speaker

    Why in the News?

    For the first time in India’s parliamentary history, the Deputy Speaker’s position stayed empty for the whole Lok Sabha term from 2019 to 2024, and now there is a chance it won’t be filled in the 18th Lok Sabha either.

    Why is the Deputy Speaker’s vacancy a constitutional concern?

    • Violation of Constitutional Provisions: Articles 93 and 94 require the Deputy Speaker to be elected “as soon as may be” and to hold office until resignation, removal, or disqualification. The prolonged vacancy violates this mandate, creating a constitutional vacuum. Eg: In the 17th Lok Sabha (2019-24), no Deputy Speaker was appointed despite the constitutional requirement.
    • Undermines Parliamentary Democracy and Power Sharing: The Deputy Speaker’s post is traditionally given to an Opposition member to maintain checks and balances. Leaving it vacant concentrates power in the ruling party, weakening democratic resilience and the principle of shared authority. Eg: The refusal of the ruling party to offer the Deputy Speaker position to the Opposition breaks this longstanding convention.
    • Risk of Constitutional Crisis and Legislative Disruption: The Deputy Speaker ensures the continuity of parliamentary proceedings if the Speaker resigns or is incapacitated. Without a Deputy Speaker, a constitutional crisis could arise, disrupting governance and legislative business. Eg: If the Speaker’s chair becomes vacant, the Deputy Speaker normally assumes duties; without one, the functioning of Parliament could be paralyzed.

    What is the significance of Deputy speaker in Parliament? 

    • Ensures Continuity of Parliamentary Proceedings: The Deputy Speaker presides over the Lok Sabha when the Speaker is absent, ensuring that legislative businesscontinues smoothly without interruption. Eg: When the Speaker is unavailable due to illness or travel, the Deputy Speaker takes charge of the session.
    • Acts as a Neutral and Impartial Arbiter: The Deputy Speaker plays a crucial role in maintaining fairness during debates and sensitive discussions, acting independently of the ruling party’s influence. Eg: The Deputy Speaker oversees debates on private member bills and ensures that all voices, including the Opposition, are heard.
    • Maintains Democratic Balance and Power Sharing: By convention, the Deputy Speaker is usually from the Opposition, which helps uphold the spirit of power-sharing and checks and balances essential to parliamentary democracy. Eg: Offering the Deputy Speaker post to an Opposition member fosters cooperation and harmony between the ruling party and Opposition.

    What are the key duties of the Deputy Speaker?

    • Presides over Lok Sabha sessions in the Speaker’s absence: The Deputy Speaker conducts and manages the proceedings of the House with the same powers as the Speaker during such times. Eg: When the Speaker is unavailable, the Deputy Speaker presides over debates and voting sessions.
    • Oversees important parliamentary committees: The Deputy Speaker chairs key committees like the Private Member’s Bill Committee and the House Budget Committee, facilitating legislative scrutiny. Eg: The Deputy Speaker leads discussions on private members’ bills ensuring smooth consideration and debate.
    • Maintains impartiality and ensures fair conduct: The Deputy Speaker acts as a neutral arbitrator, ensuring orderly debates and protecting the rights of all members, including the Opposition. Eg: During sensitive or contentious discussions, the Deputy Speaker ensures that rules are followed and all sides get a fair hearing.

    When should the Deputy Speaker be elected as per Article 93?

    • Article 93 states that the Deputy Speaker must be elected “as soon as may be” after the House of Lok Sabha is constituted.
    • The phrase implies a sense of urgency and necessity, not discretionary or indefinite delay. This means the election should happen immediately or without unreasonable delay following the formation of the new Lok Sabha.
    • The Deputy Speaker continues in office until resignation, removal, or disqualification as per Article 94, ensuring continuity.

    Way forward: 

    • Timely Election of Deputy Speaker to Uphold Constitutional Mandate: The government and all parliamentary parties should prioritize the election of the Deputy Speaker “as soon as may be” as mandated by Articles 93 and 94 to avoid constitutional vacuum, ensure smooth functioning of the Lok Sabha, and maintain democratic resilience.
    • Respecting the Convention of Power Sharing with the Opposition: To strengthen parliamentary democracy, the ruling party should adhere to the established convention of offering the Deputy Speaker post to an Opposition member. This would foster bipartisan cooperation, reinforce checks and balances, and promote harmonious functioning of the House.

    Mains PYQ:

    [UPSC 2024] Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

    Linkage: The role of presiding officers in legislative bodies (at the state level, analogous to the Deputy Speaker in Lok Sabha). This article emphasizes that the Deputy Speaker oversees debates and serves as a neutral arbiter.

  • Supreme Court Collegium recommends transfer of HC CJs

    Why in the News?

    The Supreme Court Collegium has recommended the transfer of 4 Chief Justices from the High Courts of Madras, Rajasthan, Tripura, and Jharkhand.

    About the Collegium System:

    • Definition: It is used in India for the appointment and transfer of judges to the Supreme Court and High Courts.
    • Non-Constitutional Origin: It is not mentioned in the Constitution or any law passed by Parliament. It developed through Supreme Court judgments to protect judicial independence.
    • Judicial Primacy: The system ensures that senior judges, not the government, have the main say in judicial appointments.
    • Evolution: It arose in response to executive interference during the 1970s, when the government tried to influence and supersede senior judges:
    • First Judges Case (1981) – S.P. Gupta v. Union of India:
      • Held that the Chief Justice’s opinion was only consultative.
      • Gave the executive primary control over appointments and transfers.
    • Second Judges Case (1993) – Advocates-on-Record Association v. Union of India:
      • Overruled the First Judges Case.
      • Declared that “consultation” with the CJI means “concurrence”, making the CJI’s view binding.
      • Introduced the Collegium system, involving the CJI and two senior-most judges.
      • Affirmed that judicial independence requires judicial primacy in appointments.
    • Third Judges Case (1998) – Re: Presidential Reference:
      • Expanded the Collegium to include the CJI and four senior-most Supreme Court judges.
      • Emphasised institutional decision-making, not personal preferences of individual judges.

    How does the Collegium System works?

    • For Supreme Court Judges:
      • The Collegium includes the CJI and four senior-most SC judges.
      • It recommends names for appointments to the SC and appointments/transfers of High Court judges and Chief Justices.
      • The Law Ministry processes these names and sends them to the Prime Minister, who advises the President for final approval.
    • For Appointing the Chief Justice of India:
      • The sitting CJI recommends the senior-most SC judge.
      • This practice has been followed since the 1970s supersession controversy.
    • For High Court Judges:
      • Recommendations start from the Chief Justice of the High Court, who consults two senior colleagues.
      • The proposal goes to the state government, then to the Supreme Court Collegium (CJI and two senior-most SC judges), and finally to the President.
    • For Transfers of Judges:
      • Article 222 of the Constitution allows transfer of High Court judges.
      • The Collegium recommends transfers, often for administrative needs or public interest.
      • Consent is not needed, but the CJI must consult the Chief Justice of the concerned High Court and other senior judges.
      • No High Court can have an Acting Chief Justice for more than a month, so transfers and new appointments are usually done together.

    Tap to know more about the Appointment and Removal of HC Judges.

    [UPSC 2012] What is the provision to safeguard the autonomy of the Supreme Court of India?

    1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4. All appointments of officers and staff of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India. Which of the statements given above is/are correct?

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

     

  • Elections to the Rajya Sabha

    Why in the News?

    The Election Commission of India has announced biennial elections for eight Rajya Sabha seats, including two seats from Assam and six seats from Tamil Nadu.

    These elections are part of the regular process through which

    About Elections to the Rajya Sabha:

    • Rajya Sabha members are indirectly elected by the elected members of the State Legislative Assemblies and Union Territory electoral colleges (Delhi and Puducherry).
    • The elections follow the proportional representation system through the Single Transferable Vote (STV) method.
    • Voting is done using an Open Ballot to ensure transparency and party discipline.
    • Composition of the Rajya Sabha:
      • It can have a maximum of 250 members.
      • Out of these, 238 members are elected, and 12 are nominated by the President of India for contributions to art, literature, science, and social service.
      • As of now, the RS has 245 members — 233 elected and 12 nominated.
      • One-third of RS members retire every two years.
    • Voting Requirements and Process:
      • A candidate must be proposed by at least 10 members of the State Legislative Assembly or 10% of the party’s strength in the Assembly.
      • Voters rank candidates by preference under the Single Transferable Vote system.
      • If a candidate is eliminated or elected, their votes are transferred to the next preference on the ballot.
      • Voting is done using an Open Ballot system to promote transparency.
    • Quota for Election:
      • To win, a candidate must secure a vote quota, calculated as:
        (Total valid votes / (Number of vacancies + 1)) + 1.
    • Tenure of Members:
      • RS is a permanent body and cannot be dissolved.
      • However, one-third of its members retire every two years, and new members are elected.
      • Each Rajya Sabha member serves a six-year term.
    • Chairmanship and Leadership:
      • The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
      • A Deputy Chairman is elected by the Rajya Sabha members from among themselves.
    • Eligibility (as per Article 84):
      • A candidate must be a citizen of India.
      • The minimum age required is 30 years.
      • The candidate must also meet other qualifications specified by the Constitution or law.
    • Disqualification of Members:
      • A member can be disqualified for defection under the anti-defection law.
      • Disqualification can also happen due to criminal convictions, bankruptcy, or being declared of unsound mind.
    • Administrative and Historical Details:
      • The first sitting of the Rajya Sabha was held on May 13, 1952.
      • The Secretary General of the Rajya Sabha acts as the chief executive and administrative head of the Rajya Sabha Secretariat.

    Tap here to read everything about the Rajya Sabha.

    [UPSC 2020] Rajya Sabha has equal powers with Lok Sabha in:

    Options: (a) the matter of creating new All India Services (b) amending the Constitution* (c) the removal of the government (d) making cut motion

     

  • What is the Golaknath v. State of Punjab (1967) Case?

    Why in the News?

    The Golaknath case (IC Golaknath v. State of Punjab, 1967) is one of the most important judgments in India’s constitutional history. It was the first time the Supreme Court said that Parliament cannot amend fundamental rights.

    About the Golaknath v. State of Punjab (1967) Case:

    • Case Name: IC Golaknath v. State of Punjab (1967) is a landmark case in Indian constitutional history.
    • Background: The Golaknath family from Punjab challenged the Punjab Security of Land Tenures Act, 1953, which declared their land surplus under land ceiling laws.
    • Claim of Violation: They argued the law violated their Fundamental Right to property, protected under Articles 19(1)(f) and 31.
    • Ninth Schedule Issue: The Act was placed under the Ninth Schedule by the 17th Constitutional Amendment, making it immune to judicial review.
    • Main Legal Question: Could Parliament amend Fundamental Rights under Article 368, or are such amendments invalid under Article 13(2)?
    • Arguments: The petitioners claimed Fundamental Rights are sacrosanct, while the government asserted Parliament’s full power to amend the Constitution.
    • Supreme Court Verdict: On February 27, 1967, in a 6:5 majority, the Court held that:
      • Parliament cannot amend Fundamental Rights.
      • Amendments are “law” and subject to Article 13(2).
      • The ruling would apply only prospectively, not to past amendments.
    • Overruled Judgments: The decision overturned earlier rulings in Sankari Prasad (1951) and Sajjan Singh (1964) that allowed unrestricted amendments.

    Article 13 of the Constitution of India

    Article 13 is a key provision under Part III (Fundamental Rights) of the Indian Constitution. It ensures that any law violating Fundamental Rights can be declared void. It is the constitutional basis of judicial review in India.

    Main Provisions of Article 13

    Article 13(1)

    All pre-Constitution laws inconsistent with Fundamental Rights become void to the extent of inconsistency.

    Article 13(2)

    The State cannot make any law that takes away or abridges Fundamental Rights. Any such law is void to the extent of violation.

    Article 13(3)

    Defines “law” broadly. It includes:

    • Ordinances
    • Rules
    • Regulations
    • Notifications
    • Customs and usages having force of law
    • Article 13(4): Constitutional amendments under Article 368 are excluded from Article 13. This clause was added through the 24th Constitutional Amendment, 1971.

    Legacy of the Golaknath Case:

    • Judicial Restraint on Parliament: This was the first case to restrict Parliament’s power to amend Fundamental Rights.
    • Judiciary’s Role Strengthened: It reinforced the Supreme Court’s duty to protect civil liberties and limit legislative overreach.
    • Prospective Overruling: Introduced the concept to ensure legal stability without undoing past amendments.
    • Constitutional Values Upheld: Affirmed that the Constitution has core values that must be protected, especially Fundamental Rights.

    Influence on Future Cases:

    • Indira Gandhi Election Case (1975): Built upon the idea that democracy is a basic feature of the Constitution.
    • Minerva Mills Case (1980): Reaffirmed limits on Parliament’s amending power and emphasised judicial review.
    • Foundational Impact: Although later rulings allowed some flexibility, the Golaknath case laid the foundation for the Basic Structure Doctrine.
    • Lasting Message: It ensured that Fundamental Rights remain untouchable, securing the heart of Indian democracy against future misuse.
    [UPSC 2018] Consider the following statements:

    1.The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.

    2.The validity of a law placed in the Ninth Schedule cannot be examined by any court, and no judgment can be made on it.

    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

     

  • Getting the ‘micropicture’ at the panchayat level 

    Why in the News?

    The release of the Panchayat Advancement Index (PAI) Baseline Report 2022–23 in April 2025 marks a major milestone in India’s grassroots governance and data-driven policymaking.

    Why does it mark a major milestone? 

    • Empowers Local Decision-Making: PAI presents complex data in an understandable way for Gram Panchayat leaders, enabling them to identify gaps and take targeted actions. Eg: A sarpanch can use PAI scores to improve health or education outcomes in their village.
    • Links Data to Outcomes: It moves beyond raw data by connecting indicators to actual development results, helping stakeholders focus on measurable progress. Eg: PAI scores reveal if a Panchayat is truly “healthy,” guiding specific interventions to improve wellbeing.

    What is the Panchayat Advancement Index (PAI)?

    PAI is a composite index using 435 local indicators (331 mandatory, 104 optional) and 566 data points across nine themes of Localized SDGs (LSDGs).

    Why is it significant?

    • Scale: Covers over 2.16 lakh gram panchayats; data from 11,000+ GPs excluded for non-validation.
    • Participatory & Understandable: Designed for grassroots actors—sarpanchs, ward members—enabling self-assessment and goal-setting.
    • States’ Response: While 25 States/UTs provided almost complete data, Uttar Pradesh reported only 40% GPs, raising concerns about governance bottlenecks.
    • Outcome-Oriented: Data is now tied directly to outcomes—e.g., identifying gaps in a GP’s health indicators helps drive targeted intervention.

    What are the main limitations in evidence-based decision-making?

    • Delayed and Inaccessible Data: Lack of timely and accessible data hinders informed planning and policy formulation. Eg: The delay in conducting the Census and not releasing its data restricts effective resource allocation in sectors like health, education, and welfare schemes.
    • Poor Data Usability and Visualization: Data made available is often in complex formats, making it difficult for citizens and policymakers to interpret and act upon. Eg: On data.gov.in, datasets are vast but lack adequate visualization tools, overwhelming even trained researchers.
    • Top-Down Data Flow: Data is often generated at the grassroots but is primarily used by officials at the state or national level, not by local decision-makers. Eg: Gram Panchayat data is collected but rarely used by local elected representatives due to lack of access or interpretation tools.

    Who are the stakeholders expected to benefit from the PAI? 

    • Gram Panchayat Representatives: Sarpanches and ward members can understand their Panchayat’s performance and take action to improve local governance.
    • State and District Level Officials: Block Development Officers and District Collectors can use PAI data to plan and monitor development programs more effectively.
    • Elected Legislators: Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) can identify local gaps and use funds from MPLADS/MLALADS accordingly.
    • Line Departments and Frontline Workers: Departments like health, education, and rural development can coordinate efforts better using specific PAI indicators.
    • Civil Society Organizations (CSOs) and Academia: NGOs and Unnat Bharat Abhiyan institutions can support Panchayats by interpreting data and suggesting local interventions.
    • Citizens and Local Communities: Residents can be made aware of their Panchayat’s status and engage in participatory planning and accountability.

    How can they contribute to achieving the LSDGs (Localisation of Sustainable Development Goals)?

    • Targeted Planning and Implementation: Stakeholders can use PAI data to identify local gaps and implement focused interventions aligned with LSDGs. Eg: A Panchayat noticing low scores in sanitation can prioritize toilet construction and awareness drives under Swachh Bharat Abhiyan.
    • Resource Optimization and Fund Allocation: Elected representatives and officials can direct funds more effectively to areas needing urgent attention. Eg: An MLA can use MLALAD funds to improve access to clean drinking water in a low-scoring GP on the “Safe Drinking Water” indicator.
    • Community Mobilization and Accountability: Civil society and academic institutions can raise awareness and ensure community involvement in achieving development goals. Eg: An NGO working with local residents can organize meetings to explain their PAI score and co-develop action plans to improve education or health indicators.

    Where does data submission fall short, and why is it concerning?

    • Incomplete data: Undermines the reliability of the Panchayat Advancement Index (PAI). Eg: Without full data from Uttar Pradesh, true development gaps remain hidden.
    • Policy gaps: Poor data coverage leads to misinformed decisions, leaving underperforming areas unaddressed. Eg: GPs excluded from PAI may not receive adequate funds or interventions.
    • Inequality: Skewed data causes unequal resource allocation and widens regional disparities. Eg: States with full data submissions benefit more from schemes aligned with LSDGs.

    What are the steps taken by the Indian government? 

    • National Data Sharing and Accessibility Policy (NDSAP), 2012: The government made non-sensitive data publicly available in open, accessible formats to promote transparency. Eg: Data is shared through portals like https://data.gov.in.
    • Panchayat Advancement Index (PAI): A composite index was developed to analyze and present data from over 2.16 lakh Gram Panchayats to help local leaders understand and act on development goals. Eg: PAI links data to outcomes like health, enabling targeted interventions at the grassroots.
    • Use of Technology and Portals: The government created online platforms like the PAI portal (www.pai.gov.in) for easy access and report generation by officials and representatives. Eg: MPs and MLAs can generate constituency-wise reports to plan specific development actions.

    Way forward: 

    • Improve Data Accessibility and Visualization: Develop user-friendly dashboards and visualization tools to make data easily understandable for all stakeholders, including elected representatives and citizens.
    • Strengthen Data Validation and Coverage: Ensure complete and accurate data submission from all states and Gram Panchayats through rigorous validation and support mechanisms.

    Mains PYQ:

    [UPSC 2022] “To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots ?

    Linkage: The governance landscape at the grassroots and the impact of decentralization. Evaluating this impact necessitates a detailed understanding of the local reality and changes brought about by devolving power – precisely what “getting the micropicture” seeks to achieve.

  • Overseas Citizenship of India (OCI)

    Why in the News?

    The Overseas Citizenship of India (OCI) status of a notable British-Indian academic has been cancelled due to involvement in anti-India activities.

    About Overseas Citizenship of India (OCI):

    • Launch: Introduced in August 2005 to give Persons of Indian Origin (PIOs) a long-term connection to India.
    • Eligibility: Open to those who were citizens of India on/after January 26, 1950, or eligible for Indian citizenship on that date.
    • Nature: OCI is not full citizenship but offers lifelong visa and residency benefits.
    • Benefits: Includes a multiple-entry, lifelong visa and exemption from police registration.
    • Administered by: Ministry of Home Affairs (MHA).
    • Global Numbers (2023): Over 45 lakh OCI holders from 129 countries — top sources include the USA (16.8 lakh), UK (9.34 lakh), Australia (4.94 lakh), and Canada (4.18 lakh).

    Who are the Persons of Indian Origin (PIOs)?

    • The PIO category was abolished in 2015 and merged with the OCI category. However, existing PIO cards are valid till December 31, 2023.
    • PIO referred to a:
      • Foreign citizen (except a national of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) who at any time held an Indian passport, or
      • Who or either of their parents/ grandparents/great grandparents was born and permanently resided in India as defined in Government of India Act, 1935, or
      • Who is a spouse of a citizen of India or a PIO.

    Rules, Amendments & Privileges:

    • 2021 Rule Change: Special permission required for visiting restricted areas, conducting research, journalism, or religious work.
    • FEMA Status: Treated as foreign nationals under the Foreign Exchange Management Act (2003).
    • Earlier Privileges:
      • 2005: Life-long visa, no FRRO (Foreigners Registration Office) registration
      • 2007: Parity with NRIs for adoption, domestic airfare
      • 2009: Parity for monument entry and access to regulated professions

    Limitations and Ineligibility:

    • Not Eligible:
      • Individuals with parents/grandparents from Pakistan or Bangladesh
      • Foreign military personnel, active or retired
    • Spouse Clause: Foreign spouse eligible if legally married for at least two years.
    • No Political Rights: OCI holders cannot vote, contest elections, hold constitutional posts (President, Vice President, or Supreme Court/High Court Judge), or work in Indian government services.
    [UPSC 2021] Consider the following statements:

    1.There is only one citizenship and one domicile.

    2.A citizen by birth only can become the Head of State.

    3.A foreigner, once granted citizenship, cannot be deprived of it under any circumstances.

    Which of the statements given above is/are correct?

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

     

  • [19th May 2025] The Hindu Op-ed: What is a Presidential reference?

    PYQ Relevance:

    [UPSC 2017] Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

    Linkage: NJAC Act was struck down (the Collegium system) had its detailed guidelines laid down by the Supreme Court in the Third Judges case, which itself was a Presidential reference made under Article 143. Therefore, understanding the advisory jurisdiction under Article 143 and its outcome in the Third Judges case is essential background for critically examining the NJAC judgment.

     

    Mentor’s Comment: The Supreme Court recently set time limits for Governors to decide on state bills, so they can’t delay action forever—a practice often called a “Pocket Veto.” The Court said Governors must act within one or three months, based on the case. This raised doubts about the Court’s powers under Article 142, so President Murmu asked for its advice under Article 143. 

    Today’s editorial talks about Article 143 of the Constitution, where the President has asked the Supreme Court for its opinion on the powers and responsibilities of the President and Governors. This topic is useful for GS Paper II (Indian Polity) in the UPSC Mains exam.

    _

    Let’s learn!

    Why in the News?

    President Droupadi Murmu has used Article 143 of the Constitution to ask the Supreme Court for its opinion on some important questions about the powers and duties of the President and Governors, especially related to how and when they should act on state bills.

    What are the provisions?

    • Article 143(1): The President may refer any matter to the Supreme Court for its opinion. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president.
    • Article 143(2): Allows the President to refer disputes arising from pre-Constitution agreements, including state-related matters, for the Supreme Court’s opinion. The Supreme Court must tender its opinion to the President. The Supreme Court’s opinion is advisory—not binding or precedent-setting—but carries strong persuasive value.
    • Article 145: Such references must be heard by a bench of at least five judges.

    Note: The President makes these references based on the Cabinet’s advice. 

    What is the historical context?

    The advisory jurisdiction of India’s Supreme Court under Article 143 originates from the Government of India Act, 1935, which gave the Governor-General the power to refer important legal questions to the federal court for opinion.

    What were past instances?

    • Delhi Laws Act Case (1951): Clarified the scope of delegated legislation by the legislature to the executive.
    • Kerala Education Bill (1958): Interpreted the balance between Fundamental Rights and Directive Principles, especially regarding minority education rights under Article 30.
    • Berubari Union Case (1960): Held that ceding Indian territory to another country requires a constitutional amendment under Article 368.
    • Special Courts Bill (1978): Stated that references must be specific and that the Court may decline to answer vague or political questions.
    • Third Judges Case (1998): Laid down detailed guidelines for the appointment of judges and established the collegium system.

    What is the significance of Article 143 and its colonial legacy?

    • Provides Advisory Role to the Executive: Allows the President to seek the Supreme Court’s opinion on complex legal or constitutional issues, helping the executive navigate difficult questions. Eg: President referred the question on delegated legislation in the Delhi Laws Act case (1951).
    • Ensures Constitutional Clarity: Helps resolve ambiguities or uncertainties in law, thus guiding governance and preventing conflicts. Eg: The Berubari case (1960) clarified constitutional procedures for ceding Indian territory.
    • Maintains Separation of Powers: The advisory nature avoids direct judicial interference in executive functions while still providing legal guidance. Eg: The Supreme Court may decline vague or political questions, as in the Special Courts Bill reference (1978).

    What key issues are raised in the latest Article 143 reference?

    • Judicial Review of Executive Discretion: The reference questions whether the judiciary can review the discretionary powers of the President and Governors, particularly regarding the assent to bills under Articles 200 and 201.
    • Imposition of Timelines on Constitutional Authorities: It seeks clarity on whether the Supreme Court can prescribe timelines for the President and Governors to act on bills, given that the Constitution does not specify such timeframes.
    • Concept of ‘Deemed Assent’: The reference challenges the Supreme Court’s introduction of the ‘deemed assent’ concept, questioning its compatibility with the constitutional framework.
    • Scope of Article 142 Powers:  Article 142 gives the Supreme Court power to pass orders to do “complete justice”, but it must be within constitutional bounds.  In the present reference questions whether this provision allows the Court to create new rules not found in the Constitution.
    • Justiciability of Executive Actions Pre-Legislation: The reference probes whether actions of the President and Governors concerning bills can be subjected to judicial review before the bills become law.
    • Impacts Federalism and Democratic Functioning: The Supreme Court’s opinion will influence the Centre-State power dynamics and safeguard democratic processes. Eg: The Cauvery dispute advisory opinion (1992) that reinforced limits on the Court’s advisory role to respect federalism.

    How does India’s advisory jurisdiction compare globally?

    India Canada United States
    Origin / Legacy Inherited from Government of India Act, 1935 Similar colonial legacy No advisory jurisdiction
    Nature of Opinion Non-binding but persuasive Non-binding but persuasive No advisory opinions given
    Who Can Refer President on Union Council of Ministers’ advice Federal and provincial governments Not applicable
    Judicial Approach Supreme Court may decline to give opinion Supreme Court provides opinions on request Strict separation of powers, no advisory role
    Example (Eg) Article 143 references (e.g., Berubari case) Reference re Secession of Quebec (1998) – clarified constitutional secession rules In Muskrat v. United States (1911), the Supreme Court rejected advisory jurisdiction

    Way forward: 

    • Clarify Constitutional Timelines: Amend or clarify constitutional provisions to explicitly define timelines for presidential and gubernatorial actions on bills, reducing ambiguities and potential conflicts.
    • Strengthen Centre-State Dialogue: Promote cooperative federalism through regular dialogue and dispute resolution mechanisms to prevent politicization of constitutional functions and ensure smooth governance.