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Subject: Polity

  • 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 â‚č1 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.

  • An IJS is an idea whose time has come

    Why in the News?

    Social media has been flooded with memes, and one of the most popular ones says, “For the first time, a fire brigade has started more fires than it put out.” The truth is, the fire is still burning. This perfectly reflects the ongoing controversy surrounding the Delhi High Court judge and the half-burnt currency notes case.

    What key issues arise from the Delhi High Court Judge controversy over half-burnt currency notes?

    • Allegations of Corruption in the Judiciary: The discovery of half-burnt currency notes at a judge’s residence raises suspicions of financial misconduct and corruption within the judiciary. Example: The Justice P.D. Dinakaran case, where allegations of land grabbing and corruption led to his resignation before impeachment proceedings.
    • Lack of Immediate Legal Action and Accountability: Unlike other public officials who face direct investigations, the judge in question was merely repatriated to his parent High Court, reflecting a selective approach to judicial accountability. Example: Justice Soumitra Sen of Calcutta High Court was impeached for financial misconduct, but only after prolonged proceedings, highlighting delays in judicial accountability.
    • Opacity in Internal Inquiry Mechanisms: The judiciary relies on internal probes rather than independent investigations, raising concerns about transparency and impartiality in handling misconduct. Example: The former CJI Ranjan Gogoi sexual harassment case, where an internal Supreme Court panel cleared him without an external review, leading to public outcry.

    Why has the Collegium system of judicial appointments in India faced criticism over the years?

    • Lack of Transparency and Accountability: The Collegium functions through closed-door deliberations without publicly disclosing selection criteria or reasons for appointments and rejections. Example: In 2019, Justice Akil Kureshi’s elevation was delayed without a clear explanation, raising concerns over executive influence and opaque decision-making.
    • Nepotism and Judicial Dynasties: The system has been criticized for favoring judges’ relatives and individuals with strong connections rather than selecting candidates purely on merit. Example: The presence of multiple second-generation judges in the Supreme Court, such as Justice D.Y. Chandrachud (son of former CJI Y.V. Chandrachud), has fueled debates over judicial nepotism.
    • Lack of Diversity and Inclusivity: The Collegium system has led to an underrepresentation of marginalized communities, women, and candidates from diverse backgrounds in the higher judiciary. Example: As of 2024, the percentage of women judges in the Supreme Court remains significantly low, with only three out of 34 judges being women.

    How can the establishment of an Indian Judicial Service help address concerns regarding judicial accountability and transparency?

    • Merit-Based and Transparent Selection Process: The IJS would ensure that judges are selected through a competitive examination, reducing nepotism and favoritism in judicial appointments. Example: Similar to the Indian Administrative Service (IAS), where UPSC conducts open and merit-based recruitment, an IJS would create a level playing field for candidates from diverse backgrounds.
    • Greater Diversity and Inclusivity in the Judiciary: A national-level selection system would bring in candidates from different social, economic, and regional backgrounds, making the judiciary more representative. Example: Currently, women and marginalized communities are underrepresented in the higher judiciary, but an IJS could help bridge this gap by ensuring equal opportunities.
    • Stronger Oversight and Accountability Mechanisms: Judges recruited through IJS could be subjected to periodic performance reviews and disciplinary oversight, ensuring accountability and ethical conduct. Example: In Germany, judges are part of a structured civil service system with evaluation and accountability mechanisms, ensuring higher judicial standards.

    Who would be responsible for conducting the recruitment process for the Indian Judicial Service?

    • Union Public Service Commission (UPSC) as the Conducting Authority: The UPSC, which already handles merit-based recruitment for civil services like IAS and IPS, could be entrusted with conducting exams for IJS to ensure transparency and fairness. Example: The Judicial Services Examination at the state level is conducted by State Public Service Commissions; a national-level IJS could follow the same model under UPSC.
    • Supreme Court and High Courts for Selection Criteria and Oversight: The Supreme Court, in consultation with High Courts and legal experts, could frame eligibility criteria, syllabus, and selection methods to maintain judicial independence. Example: The All India Judicial Service (AIJS) proposal, discussed since the 1960s, suggested a recruitment system similar to UPSC but with judicial oversight to ensure fairness.
    • Independent Judicial Commission for Monitoring and Appointments: An autonomous body, comprising retired judges, legal scholars, and judicial officers, could be set up to oversee appointments and address grievances. Example: Judicial Appointments Commissions exist in the UK, where an independent body handles judicial recruitment, preventing executive or political interference.

    Way forward: 

    • Balanced Judicial Appointments with Greater Transparency: Establish a Judicial Appointments Commission (JAC) that includes representatives from the judiciary, executive, and civil society to ensure a more transparent and accountable selection process.
    • Strengthening Judicial Accountability Mechanisms: Implement periodic performance reviews and ethical oversight for judges, with an independent body monitoring judicial conduct and financial integrity.

    Mains PYQ:

    Question: 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. [UPSC 2017]

    Linkage: Existing mechanism for judicial appointments and the debates surrounding it. The discussion on an IJS often arises as an alternative or complementary approach to the current system, aiming for greater transparency and potentially reducing the scope for concerns raised in the NJAC debate.

     

  • What are the Norms for Disclosure of Judges’ Assets?

    Why in the News?

    The discovery of large sums of cash at Delhi High Court judges’ residence has raised concerns about corruption in India’s judiciary and reignited the debate over the public disclosure of judges’ assets and liabilities.

    Current Stance on Judges’ Asset Disclosure

    • Supreme Court’s Historical Approach:
      • 1997 Resolution: The Supreme Court, under Chief Justice J.S. Verma, resolved that judges should disclose their assets to the Chief Justice of India (CJI), but this did not involve public disclosure.
      • 2009 Resolution: The full Bench of the Supreme Court agreed to publish judges’ asset declarations on the court’s website, though this was done voluntarily. However, the website has not been updated since 2018, and the assets of current judges are not publicly available.
      • 2019 Ruling: The Supreme Court ruled that judges’ personal assets and liabilities are not private information, making them subject to the Right to Information (RTI) Act.
    • High Court’s Position:
      • As of March 2024, only 13% of High Court judges have publicly disclosed their assets and liabilities. Many High Courts, including Uttarakhand and Allahabad, have opposed public disclosure and argued that such information is outside the scope of the RTI Act.
    • Resistance to Full Disclosure:
      • The Uttarakhand High Court (2012) passed a resolution opposing the disclosure of judges’ assets under the RTI Act. Similarly, many High Courts have rejected RTI applications seeking information about judges’ assets.

    Parliament’s Role – Proposed Reforms

    • Committee Recommendation (2023):
      • The Parliamentary Committee on Personnel, Public Grievances, and Law and Justice recommended that legislation be introduced to make the disclosure of judges’ assets and liabilities mandatory for Supreme Court and High Court judges.
      • However, there has been no progress on implementing this recommendation as of now.
    • Need for Legislation:
      • Despite the RTI Act requiring public servants to disclose their assets, judges have largely remained exempt from such transparency.
      • Legislative action is seen as essential to ensure accountability and transparency within the judiciary, with several advocating for mandatory public disclosure similar to other public officials.
    [UPSC 2017] With reference to the appointment of the High Court Judges, consider the following statements:

    1. Chief Justice of India is consulted by the President in the appointment.

    2. Governor of the State is consulted by the Chief Justice of India in the appointment.

    Which of the statements given above is/are correct?

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

    [UPSC 2021] An independent and empowered social audit mechanism is an absolute must in every sphere of public service, including judiciary, to ensure performance, accountability and ethical conduct. Elaborate.

     

  • 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

     

  • [26th March 2025] The Hindu Op-ed: How is an in-house inquiry conducted?

    PYQ Relevance:

    Question: Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary? (UPSC 2024)

    Reason: This question discusses the role and power of the Supreme Court. Understanding the mechanisms the court has developed for internal accountability, like the in-house inquiry, provides a more complete picture of its functioning.

     

    Mentor’s Comment:  Understanding the in-house inquiry process is essential for GS Paper 2  as it highlights judicial accountability and self-regulation. The inquiry against Justice Yashwant Varma underscores concerns over transparency, delays, and the lack of external oversight in handling judicial misconduct. This article helps aspirants analyze judicial independence, the need for reforms, and ways to enhance public trust, making it valuable for Mains questions on judicial accountability.

    _

    Let’s learn!

    Why in the News?

    A three-member committee will investigate the allegations of cash found at the official residence of Delhi High Court Judge Yashwant Varma.

    What is the current issue involving Justice Yashwant Varma? What led to the in-house inquiry against him?

    • Fire Incident and Discovery of Cash: A fire broke out at Justice Yashwant Varma’s residence (Delhi High Court) on March 14. Fire-control personnel discovered huge piles of burnt cash in a storeroom. Example: Similar cases in the past, like Justice Soumitra Sen’s impeachment (2011), highlight concerns over judicial integrity.
    • Preliminary Inquiry and Response: The Chief Justice of Delhi High Court conducted a preliminary inquiry and recommended a deeper probe to the Chief Justice of India (CJI). Justice Varma denied any knowledge of the cash, stating that neither he nor his family had placed it in the storeroom. Example: In Justice P.D. Dinakaran’s case (2011), allegations of corruption led to an investigation and resignation.
    • Formation of an In-House Inquiry Committee: The CJI constituted a three-member committee as per the Supreme Court’s in-house procedure. Justice Varma’s judicial work was withdrawn, and he was transferred to the Allahabad High Court. Example: In 2019, Justice S.N. Shukla (Allahabad HC) was found guilty of misconduct by an in-house committee, leading to his removal process.

    Why is there a need for reforms in the judicial inquiry process? 

    • Lack of Transparency in In-House Inquiries: The findings of judicial misconduct inquiries are not made public, reducing accountability and eroding public trust. The Supreme Court should disclose key findings to instill confidence in the process. Example: The Justice S.N. Shukla (2019) case remained confidential despite serious allegations of misconduct.
    • Absence of Criminal Liability for Judges: Judges found guilty of misconduct are only asked to resign or face impeachment, with no criminal proceedings initiated. Judges found guilty of corruption or abuse of power should face legal prosecution, like other public officials. Example: Justice Soumitra Sen (2011) was impeached for financial misconduct but did not face any criminal charges.
    • Collegium System’s Lack of Oversight: The current system of judges appointing judges lacks external accountability, making disciplinary actions inconsistent. A broad-based Judicial Appointments Commission (JAC) should oversee both appointments and misconduct inquiries. Example: The NJAC (2015) was struck down by the Supreme Court, keeping the opaque collegium system intact.
    • No Independent Body for Judicial Discipline: India lacks an independent statutory authority to investigate judicial misconduct, leading to delays and conflicts of interest. Establishing a Judicial Conduct Investigations Office, similar to the UK’s model, would ensure impartial investigations.Example: The UK’s Judicial Conduct Investigations Office ensures independent scrutiny of complaints against judges.
    • Slow and Ineffective Inquiry Process: Judicial misconduct cases often drag on for years, allowing judges to retire without consequences. Setting strict timelines for inquiries and fast-tracking disciplinary actions would improve efficiency. Example: Justice P.D. Dinakaran’s case (alleged land grabbing) took years, and he resigned before impeachment proceedings could conclude.

    What is the Judicial Conduct Investigations Office (JCIO)?

    The Judicial Conduct Investigations Office (JCIO) is an independent body in the United Kingdom responsible for handling complaints of judicial misconduct. It ensures that judges, magistrates, and tribunal members adhere to ethical standards.

    What is the In-House Inquiry Process? 

    • The In-House Inquiry Process is an internal disciplinary mechanism used by the judiciary to investigate allegations of misconduct against sitting judges.
    • The In-House Inquiry Process is not explicitly mentioned in the Indian Constitution. Instead, it was formulated by the Supreme Court of India in 1997 as an internal mechanism to investigate allegations of misconduct against sitting judges.

    How does the in-house inquiry process compare to international practices, such as the UK’s Judicial Conduct Investigations Office?

    • Independence of Inquiry Process: The in-house inquiry is conducted by sitting judges, which may lead to conflicts of interest. The JCIO is an independent statutory body, separate from the judiciary, ensuring impartiality. Example: In India, inquiries against judges often lack external oversight, whereas in the UK, the JCIO investigates complaints independently.
    • Transparency in Investigation and Findings: In-house inquiries are confidential, and findings are rarely made public. The JCIO publishes key details of misconduct cases, fostering transparency and public trust. Example: The dismissal of a UK judge for inappropriate behavior was publicly reported, whereas similar cases in India remain undisclosed.
    • Consequences for Judicial Misconduct: Indian Judges found guilty may be asked to resign or face impeachment, but rarely face criminal action. The JCIO can recommend removal from office, financial penalties, or disciplinary actions, and misconduct can lead to legal prosecution. Example: In India, Justice Soumitra Sen was impeached but faced no criminal charges, whereas in the UK, judges have been removed for misconduct.
    • Public Accessibility and Complaint Mechanism: In India, complaints against judges go through the Chief Justice and are not directly accessible to the public. UK Citizens can file complaints directly with the JCIO through an online portal, ensuring accessibility. Example: In the UK, public complaints against judges are reviewed transparently, while in India, the process is internal and often delayed.
    • Time-bound investigation and Action: In India, no fixed timeline for in-house inquiries, leading to delays in disciplinary actions. In the UK, JCIO follows a structured timeline for investigations and ensures timely resolution. Example: Justice P.D. Dinakaran’s case in India dragged on for years, whereas JCIO inquiries in the UK conclude within months.

    Way forward: 

    • Establish an Independent Judicial Oversight Body: Create a statutory authority to investigate judicial misconduct, ensuring impartiality and timely resolution. Example: A model similar to the Judicial Conduct Investigations Office would enhance accountability.
    • Enhance Transparency and Public Trust: Publish key findings of judicial inquiries and introduce structured timelines for investigations. Example: Releasing redacted reports on judicial misconduct can improve public confidence.

  • Appointment and Removal of High Court Judges

    Why in the News?

    The Chief Justice of India (CJI) has set up a three-member panel to investigate the alleged discovery of a significant sum of money at the residence of a sitting Delhi High Court judge.

    Appointment Process of High Court Judges:

    • According to Article 217, the President of India appoints High Court judges after consulting with the CJI, the Governor of the respective state, and the Chief Justice of the High Court.
    • In the case of the appointment of a judge other than the Chief Justice, the Chief Justice of the High Court is consulted as well.
    • Consultation Process:
      • The process of appointing judges is handled by a Collegium, which includes the CJI and the two senior-most judges of the Supreme Court.
      • The Collegium System allows for a collaborative decision-making process where the Chief Justice of the High Court initiates the proposal, which is then forwarded to the Chief Minister.
      • The Chief Minister, in turn, advises the Governor, who submits the proposal to the Union Law Minister.
      • The Chief Justice of the High Court is appointed in accordance with a policy to ensure that Chief Justices are from outside the respective states.
    • Appointment and Transfer of Judges:
      • The CJI and the senior-most judges of the Supreme Court collectively decide on the appointment and transfer of judges, ensuring judicial independence and preventing executive interference.

    Removal of Judges in the Higher Judiciary:

    • Impeachment Process:
      • Judges of the Supreme Court and High Courts can only be removed by impeachment, which requires a motion signed by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
      • The impeachment motion is investigated by a three-member judicial committee, and if the committee finds merit in the allegations, Parliament votes on the motion.
      • A 2/3rd majority is needed in both Houses for removal.
      • Parliament can, however, consider a motion to impeach a judge according to the procedure laid down in the Judges (Inquiry) Act, 1968.
    • In-House Inquiry Process:
      • The CJI can initiate an in-house inquiry in the event of serious allegations against a judge. This process involves the Chief Justice of the High Court submitting a report, and if the allegations are deemed serious, a three-member committee is constituted to investigate the matter.
      • If the committee recommends removal, the CJI may advise the judge to resign. If the judge refuses, their judicial work is withdrawn, and impeachment proceedings may be initiated.

    Historical Impeachment 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 impeachment for financial misconduct, but the motion failed in the Lok Sabha.
    • Justice Soumitra Sen (2011): Resigned after impeachment 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 2019] Consider the following statements:
    1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
    2. The Constitution of India defines and gives details of what Constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
    3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
    4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.Which of the statements given above is/are correct?
    (a) 1 and 3 only (b) 2 only (c) 3 and 4 only (d) 1, 3 and 4