Subject: Polity

Lok Sabha approves Demands for Grants of ₹50 Lakh Cr

Why in the News?

The Lok Sabha has passed the Demands for Grants of various Ministries for the financial year 2025-26, approving an expenditure of more than ₹50 lakh crore.

What are Demands for Grants?

Demands for Grants refer to the expenditure estimates that require approval from the Lok Sabha under Article 113 of the Constitution of India.
These demands are essentially requests for funds by different ministries to cover their respective expenditure needs.
The Demands for Grants cover:
- Revenue expenditure: Routine expenses for the functioning of government.
- Capital expenditure: Investment-related spending, such as infrastructure and development projects.
- Grants to States/UTs: Funds allocated to state governments and Union Territories for various purposes.
- Loans & advances: Amounts lent to other entities or bodies.
Each ministry or department presents its own demand for grants. Larger ministries may have multiple demands depending on the scope of their activities.
Types of Expenditures in Demands for Grants:

Voted expenditure: It refers to the part of the budget that requires approval from the Lok Sabha. This expenditure can be debated and voted on by members of the House.
Charged expenditure: It includes items like the President’s salary, judges’ salaries, debt servicing, and other such payments. This expenditure does not require a vote and is automatically passed.

Voting on Demands for Grants:
- Exclusivity of Lok Sabha: Only the Lok Sabha has the power to vote on Demands for Grants.
- Voting Process: Voting applies only to votable expenditure, with each demand voted on separately.
- Guillotine Process: If time runs out for discussion, the Speaker applies the guillotine, automatically approving remaining demands.

Constitutional Provisions on Demands for Grants

Article 113: Requires the President’s recommendation before any demand for a grant can be made.
Article 114: Money cannot be withdrawn from the Consolidated Fund of India without parliamentary approval.
Article 115: Allows supplementary grants if the budget is insufficient.
Article 116: Provides for Vote on Account and Vote of Credit if the budget is not passed before the start of the financial year.

[UPSC 2024] Consider the following statements regarding the financial procedure in the Indian Parliament:
1. The Appropriation Bill must be passed by the Lok Sabha after the Demands for Grants are voted upon.
2. At the Union level, no demand for a grant can be made except on the recommendation of the President of India.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

March 24, 2025

India’s marginalised Parliament in budgetary affairs

Why in the News?

The current budget process reduces the involvement of elected representatives, weakening democratic accountability.

How does the current budget process reduce the role of elected representatives and weaken democratic accountability?

Executive Monopoly Over Budget Formulation: The Budget is drafted exclusively by the Finance Ministry, with even Cabinet Ministers kept unaware until its presentation in the Lok Sabha. Example: Unlike legislative bills, the Union Budget is not subjected to extensive cabinet discussions before being tabled in Parliament.
Lack of Pre-Budget Consultations: Parliamentarians do not have an institutional mechanism to provide input before the Budget is finalized. Example: In contrast to countries like the UK, where parliamentary committees discuss budget priorities in advance, India lacks such structured engagement.
Limited Role of the Rajya Sabha: The Upper House has no direct power to amend or reject the Budget, reducing its ability to scrutinize financial policies. Example: The Finance Minister, even if a Rajya Sabha member, cannot vote on the Budget in the Lok Sabha, where financial matters are decided.
Weak Oversight by Parliamentary Committees: Parliamentary committees do not have the authority to modify budget proposals or demand policy changes. Example: Department-related Standing Committees review Demands for Grants but can only make recommendations, which the government is not bound to accept.
Time Constraints and Superficial Debates: The Budget session allows limited time for discussion, leading to rushed approvals without in-depth scrutiny. Example: In many cases, the Guillotine Process is used, where multiple Demands for Grants are passed without discussion due to time limitations.

What is the Parliamentary Budget Office (PBO)?

A Parliamentary Budget Office (PBO) is an independent, non-partisan institution that provides objective analysis of government budgets, fiscal policies, and economic forecasts to assist lawmakers in informed decision-making. It enhances legislative oversight, ensures transparency, and improves accountability in public finance management. Examples include the U.S. Congressional Budget Office (CBO) and Canada’s PBO.

What about the constitutional status of the Parliamentary Budget Office (PBO)?

There is no explicit mention of a Parliamentary Budget Office (PBO) in the Indian Constitution. However, its establishment can be linked to broader constitutional provisions related to financial oversight and legislative accountability:

Article 112 (Annual Financial Statement) – The Union Budget is presented before Parliament, which has the power to scrutinize and approve it. A PBO can strengthen this oversight by providing independent budgetary analysis.
Article 266 & 267 (Consolidated and Contingency Funds of India) – Parliament controls government expenditure, and a PBO can assist in evaluating the fiscal implications of such spending.
Article 148-151 (Comptroller and Auditor General – CAG) – While CAG audits past expenditures, a PBO would provide forward-looking budgetary insights to Parliament.
Article 105 (Powers and Privileges of Parliament) – Parliament has the right to seek information on financial matters, and a PBO could serve as a resource for unbiased fiscal analysis.

Why is the establishment of a Parliamentary Budget Office (PBO) considered essential for fiscal oversight?

Independent and Data-Driven Budget Analysis: A PBO would provide legislators with non-partisan, expert analysis of government spending, revenue forecasts, and fiscal policies. Example: The U.S. Congressional Budget Office (CBO) conducts independent evaluations of federal budgets, ensuring transparency and evidence-based policy decisions.
Enhanced Legislative Scrutiny and Accountability: It would strengthen Parliament’s ability to evaluate the financial implications of policies and hold the executive accountable. Example: Countries like Canada and the UK have PBOs that assess fiscal policies, preventing governments from making unrealistic budgetary claims.
Support for Informed Decision-Making by Legislators: Parliamentarians often lack technical expertise in financial matters; a PBO would equip them with research reports and policy briefs. Example: Australia’s PBO helps legislators understand the long-term economic impact of proposed policies, ensuring fiscal discipline and responsible budgeting.

How do pre-Budget discussions contribute to a more transparent and democratic Budget-making process?

Greater Legislative Involvement and Accountability: Pre-Budget discussions allow parliamentarians to voice public concerns, debate fiscal priorities, and influence resource allocation before the Budget is finalised. Example: In Germany, the Bundestag conducts pre-budget debates, ensuring the government considers legislative recommendations before finalizing financial plans.
Improved Public Participation and Transparency: Open discussions increase public awareness and trust by making the Budget-making process more inclusive and participatory. Example: South Africa holds public consultations before the Budget, allowing citizens to provide inputs, and ensuring financial policies align with public needs.
Better Coordination Among Subject Committees: Structured discussions help parliamentary committees collaborate effectively, leading to more informed scrutiny of sector-wise allocations. Example: In Sweden, parliamentary finance committees review preliminary budget proposals, enabling sector-specific recommendations before the final Budget is tabled.

Which global models of legislative Budget scrutiny can India learn from to enhance parliamentary engagement?

Country	Features	Example
United States – Congressional Budget Office (CBO) for Independent Analysis	The U.S. Congressional Budget Office (CBO) provides independent, non-partisan economic and budgetary analysis to assist lawmakers in evaluating fiscal policies.	India could establish a Parliamentary Budget Office (PBO) for similar fiscal oversight.
United Kingdom – Strong Parliamentary Committee System:	The UK’s House of Commons Treasury Committee scrutinizes budget proposals, questioning government officials and publishing reports on financial policy.	In 2021, the Treasury Committee analyzed the economic impact of the UK Budget and made recommendations for pandemic recovery, influencing fiscal decisions. India can strengthen its Parliamentary Committees to enhance budgetary oversight.
Germany – Pre-Budget Consultations for Legislative Input:	The Bundestag (German Parliament) conducts structured pre-Budget discussions, allowing legislators to debate fiscal priorities before finalizing budgetary allocations.	Germany’s Medium-Term Financial Planning Framework ensures that multi-year fiscal policies align with economic goals. India could introduce pre-Budget discussions to improve transparency and parliamentary engagement.

Way forward:

Establish a Parliamentary Budget Office (PBO) for Independent Analysis: A PBO should be set up to provide non-partisan, expert-driven financial analysis to Parliament, similar to the U.S. Congressional Budget Office (CBO). This would enhance legislative oversight, fiscal transparency, and informed decision-making by equipping parliamentarians with independent budget assessments.
Institutionalize Pre-Budget Consultations and Strengthen Committee Oversight: Implement structured pre-Budget discussions involving parliamentary committees, policymakers, and stakeholders to ensure greater transparency and inclusivity in Budget-making.

Mains question for practice:

Question: “The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate. (UPSC 2024)

Reason: This question addresses the broader theme of parliamentary supremacy being undermined by the executive. The budget being primarily an executive-driven process, with limited parliamentary influence, is a prime example of this marginalization.

March 22, 2025

Judge’s transfer is not related to ‘rumours’: SC

Why in the News?

On Friday (March 21, 2025), the Supreme Court stated that false information and rumours were being spread about an “incident” at the home of Delhi High Court Judge Justice Yashwant Varma, suggesting that this led to his transfer. The Court clarified that the transfer decision was unrelated to the incident.

What was the Supreme Court’s response to the reports regarding the incident at Justice Yashwant Varma’s residence?

Rejection of Misinformation: The Supreme Court dismissed media reports about a “huge pile of cash” being recovered during a fire at Justice Varma’s residence. Example: It stated that rumours and misinformation were being spread, clarifying that the reports were not verified facts.
Clarification on Transfer Proposal: The Court confirmed that Justice Varma’s transfer to Allahabad High Court was an independent decision, unrelated to the in-house enquiry into the incident. Example: It emphasized that the transfer process had been initiated separately and was being reviewed by the Collegium before the enquiry even began.
Confidentiality of the Enquiry Process: The Supreme Court maintained that the in-house enquiry was confidential and aimed at preserving judicial integrity. Example: The Court cited the 2015 Additional District and Sessions Judge ‘X’ vs. Registrar General, MP High Court judgment, which ensures fairness in such proceedings.

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.

What is in-house enquiry?

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.

What is the legal precedence of it?

Justice V. Ramaswami Case (1991): One of the first instances where an impeachment motion was attempted against a sitting Supreme Court judge, highlighting the importance of in-house mechanisms before formal parliamentary action.
Additional District and Sessions Judge ‘X’ vs. Registrar General, High Court of Madhya Pradesh (2015): This case outlined the two-stage procedure for in-house enquiries, emphasizing exclusion of bias and ensuring due process in judicial investigations.
In re: Justice C.S. Karnan (2017): The Supreme Court invoked its contempt jurisdiction against a sitting High Court judge, Justice C.S. Karnan, highlighting the limitations of in-house procedures when misconduct disrupts judicial functioning.

Why did the Supreme Court emphasize that the transfer proposal for Justice Yashwant Varma was independent of the in-house enquiry?

To Prevent Misinterpretation of Judicial Transfers: The Supreme Court clarified that the transfer was part of routine administrative decisions, not a punitive action linked to the enquiry. Example: Justice Varma’s transfer was to his parent High Court (Allahabad), where he would be ninth in seniority, a common practice for judges.
To Uphold the Collegium’s Credibility: The Court ensured that the Collegium’s decisions were based on judicial requirements, not external events. Example: The Collegium followed its standard procedure of consulting judges and the Chief Justices of the concerned High Courts before deciding on the transfer.
To Avoid Pre-Judgment of the Enquiry Outcome: If the transfer was seen as linked to the enquiry, it could imply guilt before a formal investigation was concluded. Example: The Court confirmed that the Delhi High Court Chief Justice had initiated the enquiry separately, even before the Collegium met on March 20, 2025.
To Maintain Judicial Independence and Fairness: Judges must be free from undue influence, and linking transfers to allegations could undermine judicial autonomy. Example: The Court cited the in-house enquiry framework, which ensures that any probe follows due process before any action is taken.
To Protect the Reputation of the Judiciary: Associating the transfer with allegations could harm the judge’s integrity and create unnecessary controversy. Example: The Supreme Court press note stressed that the transfer decision was made on administrative grounds, separate from any enquiry findings.

What is the process of judicial transfers in India?

Initiation by the Chief Justice of India (CJI): The transfer of High Court judges is initiated by the CJI in consultation with the Collegium, which includes the four senior-most Supreme Court judges. Example: In 2021, Justice Sanjib Banerjee was transferred from the Madras High Court to the Meghalaya High Court, reportedly due to administrative reasons.
Consultation with the Government and Affected Judges: The Union Law Ministry processes the recommendation and seeks the President’s approval. The judge being transferred is consulted, but their consent is not required. Example: Justice Akil Kureshi’s transfer from Gujarat High Court to Tripura High Court in 2019 sparked debates about judicial independence.
Final Approval by the President of India: After receiving recommendations from the CJI and the Collegium, the President issues a formal order for the transfer under Article 222 of the Constitution. Example: Justice Vijaya Kapse-Tahilramani resigned in 2019 after being transferred from the Madras High Court to the Meghalaya High Court.

How does the in-house enquiry procedure against sitting High Court judges ensure fairness and prevent bias?

Two-Stage Investigation Process: The procedure involves an initial assessment by the Chief Justice of the concerned High Court, followed by a deeper probe if required, ensuring a systematic and impartial review. Example: In Justice Yashwant Varma’s case, the Delhi High Court Chief Justice first examined the allegations before forwarding a report to the Chief Justice of India (CJI) for further action.
Principles of Natural Justice: The accused judge is given a fair opportunity to present their defense before any decision is made, preventing arbitrary actions. Example: If the CJI determines a deeper probe is needed, a three-member committee (two Chief Justices and one High Court judge) is formed, ensuring multiple perspectives in the investigation.
Confidentiality to Protect Integrity: The enquiry remains confidential to prevent media trials and undue reputational damage before conclusions are drawn. Example: The Supreme Court’s press note stated that the findings of the Delhi High Court’s in-house enquiry would be examined privately before deciding on further action.

Way forward:

Strengthening Transparency and Communication: The judiciary should proactively address misinformation by issuing timely clarifications and making non-confidential aspects of administrative decisions more accessible to prevent speculation and misinterpretation.
Enhancing Institutional Safeguards: The in-house enquiry mechanism should be periodically reviewed to ensure procedural robustness, fairness, and adaptability while maintaining judicial integrity and independence.

Mains PYQ:

Question: “Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment. (2023)

Reason: The proposed transfer of a High Court judge, especially amidst “rumours” touches upon the independence of the judiciary. While the Supreme Court clarifies the transfer is unrelated to the “incident” and in-house inquiry, questions about maintaining judicial independence in the face of potential external pressures or perceptions remain pertinent.

March 22, 2025

PAC flags Failure of Swadesh Darshan Scheme

Why in the News?

The Public Accounts Committee (PAC) has criticized the Ministry of Tourism for the poor execution of the Swadesh Darshan Scheme and highlighted lapses in planning, approvals, and project execution.

About Public Accounts Committee (PAC):

The PAC was established in 1921 under the Government of India Act, 1919.
It consists of 22 members, with 15 from the Lok Sabha and 7 from the Rajya Sabha, who are elected annually.
The Chairman of the committee is traditionally selected from the Opposition since 1967.
The PAC plays a crucial role in examining the audit reports of the Comptroller and Auditor General (CAG), focusing on public expenditure.
It ensures that funds are utilized efficiently, and it checks for irregularities, corruption, waste, and inefficiencies in government spending.

About Swadesh Darshan Scheme (SDS):

The Swadesh Darshan Scheme was launched in 2015 by the Ministry of Tourism.
- Objective: Developing theme-based tourist circuits such as Buddhist, Coastal, Heritage, and Eco-tourism circuits in India, emphasising sustainable tourism.
The scheme is 100% centrally funded, and it provides financial assistance to state governments, Union Territory administrations, and central agencies for the development of tourism infrastructure.
Swadesh Darshan 2.0 scheme (which began from January 2023) adopts a more holistic approach, shifting from circuit-based tourism to a destination-centric model.
- This new version aims to encourage private sector investment in tourism and hospitality, aligning with India’s ‘Vocal for Local’ and Aatmanirbhar Bharat vision.
- It prioritizes long-term growth and the development of sustainable tourism destinations.
- The Challenge-Based Destination Development (CBDD) is a sub-scheme under Swadesh Darshan 2.0, focusing on the competitive development of tourism destinations.
- This initiative aims to foster sustainability, digitalization, skill development, MSME support, and effective management, ensuring that the tourism sector thrives in a more modern and organized manner.

PYQ:

[UPSC 2007] Consider the following statements:

1. The Chairman of the Committee on Public Accounts is appointed by the Speaker of the Lok Sabha.

2. The Committee on Public Accounts comprises Members of Lok Sabha, Members of Rajya Sabha, and a few eminent persons of industry and trade.

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

March 22, 2025

Bihar makes fresh demand for Special Category Status

Why in the News?

The Nitish Kumar government in Bihar renewed its demand for Special Category Status (SCS) before the 16th Finance Commission, which is currently touring the state.

About Special Category Status (SCS)

Special Category Status (SCS) is a classification granted to specific states in India facing geographical, socio-economic, and infrastructural challenges.
It provides special financial assistance for their development.

Evolution of SCS:

- Introduced in 1969 following the recommendations of the Fifth Finance Commission, based on the Gadgil formula for fund allocation.
- Initially granted to Assam, Jammu & Kashmir, and Nagaland, with other states like Himachal Pradesh, Manipur, Uttarakhand, and Telangana added later.

Eligibility Criteria (Based on the Gadgil Formula): States must meet at least one of the following:

- Hilly terrain: Challenging geography impeding development.
- Low population density or a large tribal population.
- Strategic location near international borders.
- Economic and infrastructural backwardness.
- Non-viable state finances: Financial instability due to lack of resources.

Benefits of SCS:

- Financial Assistance: 90% grants for centrally sponsored schemes (vs. 30% for non-SCS states).
- Special Plan Assistance: Additional funds for national importance projects.
- Tax Benefits: Concessions on excise, income, and corporate taxes (many subsumed under GST).
- Carry-Forward of Unspent Funds: Funds are carried forward to the next year.
- Higher Budget Allocation: 30% of the Centre’s budget allocated to SCS states.

Assessment of Bihar’s Demand:

Industrial Backwardness: Lack of industrial development, worsened by state bifurcation in 2000.
High Poverty Levels: One of the highest poverty rates in India, with low per capita GDP.
Frequent Natural Disasters: Floods and droughts severely impact agriculture.
Infrastructure Deficiencies: Insufficient irrigation and water systems hinder agricultural productivity.

About the Finance Commission

The Finance Commission is created every 5 years to allocate financial resources from the Centre to states, based on Article 280 of the Constitution.
Composition: Consists of a chairman and four other members appointed by the President.
Qualifications: Members must have specialized knowledge in finance, economics, accounts, or administration.
The Fifteenth Finance Commission’s recommendations are valid till 2025-26.
Terms of Reference for 16th FC: Division of tax proceeds, principles for grants-in-aid, enhancing state funds for local bodies, and evaluation of disaster management financing.

PYQ:

[2023] Consider the following:

Demographic performance
Forest and ecology
Governance reforms
Stable government
Tax and fiscal efforts

For the horizontal tax devolution, the Fifteenth Finance Commission used how many of the above as criteria other than population area and income distance?

(a) Only two
(b) Only three
(c) Only four
(d) All five

March 22, 2025

[21st March 2025] The Hindu Op-ed: How do habitual offender laws discriminate?

PYQ Relevance:

Q Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment. (UPSC 2024)

Reason: This question relates to the broader issue of systemic barriers preventing marginalized groups from accessing their rights and benefits, which is relevant to the discriminatory impact of habitual offender laws.

Mentor’s Comment: The Supreme Court’s questioning of habitual offender laws highlights their colonial origins and continued misuse against Denotified Tribes, raising concerns about constitutional validity and human rights. Despite the repeal of the Criminal Tribes Act in 1952, similar state laws persist, leading to discrimination. The UN and human rights bodies urge India to repeal them.

This issue is crucial for GS-2 (Governance & Social Justice), GS-3 (Internal Security), and Ethics, showcasing the need for legal reforms to balance security with civil liberties.

Let’s learn!

Why in the News?

Recently, the Supreme Court of India has questioned the need for old laws that label some criminals as “habitual offenders.

What is “habitual offenders”?

A habitual offender is a person repeatedly convicted of crimes, often subject to stricter surveillance or penalties under special laws. In India, such classifications have historically targeted marginalized communities, including Denotified Tribes, leading to discrimination. The Supreme Court has questioned the constitutional validity of these laws, urging their review.

What is the origin of the ‘habitual offender’ classification?

Colonial-Era Criminalization (1793-1871) – The process began with Regulation XXII of 1793, which allowed magistrates to imprison or put to work certain tribes based on suspicion. The Indian Penal Code (1860) and Criminal Procedure Code (1861) introduced a system for maintaining registers of “dacoits and thugs,” leading to the Criminal Tribes Act (CTA) of 1871, which officially labeled entire communities as “criminal tribes.”
Post-Independence Repeal & Denotification (1949-1952) – The Criminal Tribes Act Enquiry Committee (1949-50) recommended repealing the CTA, leading to its abolition in 1952. Communities previously classified as criminal were denotified and categorized as Denotified, Nomadic, and Semi-Nomadic Tribes (DNT, NT, SNT).
State-Level Habitual Offender Laws (1948-Present) – After CTA’s repeal, States enacted habitual offender laws, shifting the focus from communities to individuals with past convictions. However, the Lokur Committee (1965) continued to view denotified tribes as having an “anti-social heritage,” reinforcing stereotypes.

What has the Supreme Court of India said about the classification of “habitual offenders”?

Constitutional Suspect & Targeting of Denotified Tribes – In October 2023, the Supreme Court of India questioned the very basis of the “habitual offender” classification, calling it “constitutionally suspect” and stating that it was being used to target members of denotified tribes unfairly. Example: The SC pointed out that in states like Rajasthan, prison manuals explicitly referred to denotified tribes as “habitual offenders”, perpetuating historical discrimination.
Whole Communities Cannot Be Criminalized – The Court emphasized that no entire community should be labeled as criminals, just as was done under the colonial-era Criminal Tribes Act (CTA) of 1871, which was repealed in 1952. Example: The SC noted that habitual offender laws essentially replaced the CTA, reinforcing stereotypes against denotified tribes and nomadic groups.
Urged States to Review and Repeal the Laws – While deciding a case on caste discrimination in prisons, the SC urged state governments to review whether such laws were necessary and ensure that they are not used for social discrimination. Example: In response, Punjab and Odisha stated they had not implemented the law in over five years, and Andhra Pradesh reported that no prisoners were classified under it.

Why were certain communities historically criminalized under colonial laws like the Criminal Tribes Act of 1871?

Colonial Control & Surveillance – The British classified certain nomadic and tribal communities as “criminal tribes” to maintain strict surveillance and control over mobile populations they saw as a threat to law and order. These groups did not conform to settled agricultural lifestyles, making them difficult to regulate. Example: The Lambada (Banjara) community, traditionally nomadic traders, were branded as criminals to restrict their movement.
Perceived Threat to British Interests – Many of these communities had been warriors, rebels, or supporters of local rulers who resisted British rule. The British saw them as a security threat and sought to suppress their influence. Example: The Thuggee suppression campaign led to the criminalization of Thuggee gangs, whom the British accused of organized robbery and ritual killings, justifying mass arrests and executions.
Economic & Labor Exploitation – By labeling entire communities as criminal, the British forced them into state surveillance systems, making it easier to recruit them for low-wage, bonded labor. Many were compelled to work under colonial infrastructure projects.Example: Members of the Domb and Kuruva communities were used for forced labor in road and railway construction.
Social & Racial Stereotyping – The British imposed their own racial biases, believing certain castes and tribes were inherently criminal or “born criminals.” They institutionalized these stereotypes in official records, further marginalizing these groups. Example: The Sansis and Pardhis, historically hunter-gatherers, were deemed criminal simply because of their alternative livelihoods.
Weakening Indigenous Resistance & Policing Society – The act helped British authorities justify mass surveillance, arrests, and forced resettlement, weakening traditional structures of self-governance and making people more dependent on the colonial system. Example: The Kolis in western India, once involved in anti-British uprisings, were listed as habitual offenders, stripping them of economic and political power.

Which states have repealed or discontinued the implementation of habitual offender laws?

Haryana: The state has officially repealed its habitual offender laws, removing such legislation from its legal framework.
Punjab: While the habitual offender law has not been formally repealed, Punjab has effectively discontinued its application. Over the past five years, the state has neither maintained registers of habitual offenders nor issued any related orders, indicating a de facto cessation of the law’s enforcement.
Odisha: Similarly, Odisha has not registered any cases under its habitual offender law in the last five years, effectively discontinuing its implementation.
Andhra Pradesh: The state has confirmed that no individuals are currently imprisoned under the habitual offender law, indicating its non-enforcement.

How have international organizations like the United Nations responded to India’s habitual offender laws?

UN Special Rapporteurs’ Criticism (2021-2022): UN Special Rapporteurs on Contemporary Forms of Racism and Minority Issues have criticized India’s habitual offender laws for disproportionately targeting certain marginalized communities, such as Denotified Tribes (DNTs).
- They have highlighted that these laws perpetuate colonial-era stigmatization and violate international human rights principles.
Universal Periodic Review (UPR) at the UNHRC (2017, 2022): India’s Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC) has featured discussions on the criminalization of DNTs and the misuse of habitual offender laws.
International Covenant on Civil and Political Rights (ICCPR) Concerns: The UN Human Rights Committee, which oversees compliance with the ICCPR, has expressed concerns that habitual offender laws violate fundamental rights, including protection from arbitrary detention (Article 9) and non-discrimination (Article 26).
- Example: The Committee has asked India to review laws that enable police to harass and surveil individuals based on past convictions rather than actual offenses.
UN Committee on the Elimination of Racial Discrimination (CERD) Recommendations: The CERD has criticized habitual offender laws for reinforcing caste-based and ethnic discrimination, particularly against nomadic and semi-nomadic tribes.
- Example: The CERD has urged India to repeal these laws and introduce policies that protect the rights of Denotified Tribes instead of labeling them as criminals.
Reports by UN Agencies and Human Rights Organizations: Reports by UNICEF and the OHCHR (Office of the High Commissioner for Human Rights) have highlighted how habitual offender laws restrict freedom of movement and socio-economic opportunities for affected communities.
- Example: Human Rights Watch (HRW) and Amnesty International have also supported UN recommendations, calling for legal reforms to eliminate discrimination against DNTs and other marginalized groups.

Way forward:

Legal Reforms & Repeal of Habitual Offender Laws: States should review and repeal habitual offender laws that disproportionately target Denotified Tribes (DNTs) and marginalized groups. The government should enact rehabilitation policies to ensure socio-economic inclusion instead of criminal surveillance.
Human Rights-Based Approach & Community Integration: Need to Implement affirmative action programs for DNTs, including access to education, employment, and legal aid.

March 21, 2025

[20th March 2025] The Hindu Op-ed: A delimitation red Flag — the lessons from J&K, Assam

PYQ Relevance:

Q “The states in India seem reluctant to empower urban local bodies both functionally as well as financially.” Comment. (2023)

Reason: It touches upon the broader theme of federalism and the distribution of power within the Indian political system, which is relevant to concerns about the Union government’s role and potential influence in the delimitation process.

Mentor’s Comment: The ongoing debate on delimitation raises concerns about power imbalances, particularly for southern States. A democratic approach could freeze parliamentary seats while increasing Assembly seats in high-growth States. Strengthening zonal councils and reviving the dormant Inter-State Council (inactive since 2016) can ensure balanced representation, fostering cooperative federalism and addressing regional disparities effectively.

Today’s editorial highlights the debate on delimitation raises concerns about power imbalances, particularly for southern States. This content would help in GS paper 2 (representation in Parliament) and GS 3 ( Internal security issues arise due to it).

Let’s learn!

Why in the News?

Another risk of delimitation is the division of electoral constituencies based on religion or community.

What are the risks of dividing electoral constituencies based on religion or community during delimitation?

Gerrymandering to Favor Specific Communities: Delimitation can be used to redraw boundaries in a way that benefits certain religious or ethnic groups while marginalizing others. Example: In Jammu & Kashmir (2022), Hindu-majority areas in Jammu received more seats despite having a lower population compared to Muslim-majority Kashmir

Note: Gerrymandering means changing the size and borders of an area for voting in order to give an unfair advantage to one party in an election

Reduced Political Representation for Minority Groups: If constituencies are redrawn to dilute minority votes, their political influence can weaken, leading to unfair representation. Example: In Assam (2023), boundary changes in Muslim-majority areas reportedly made it harder for their votes to impact election outcomes.
Increased Social and Political Divisions: When constituencies are created along religious lines, it can deepen communal tensions and polarize elections. Example: In Uttar Pradesh, past constituency adjustments have led to concerns that Muslim-majority areas were fragmented to reduce their electoral strength.

What are the key concerns regarding the fresh delimitation of legislative constituencies in India?

Population-Based Seat Allocation May Reduce Representation for Progressive States: Delimitation based on population growth would increase parliamentary seats for northern States (e.g., Uttar Pradesh, Bihar) while reducing influence for southern States (e.g., Tamil Nadu, Kerala), which have controlled population growth through successful policies.
Risk of Communal Gerrymandering: Past delimitation exercises, such as in Jammu & Kashmir (2022) and Assam (2023), suggest that constituency boundaries may be redrawn to benefit certain religious or ethnic groups, marginalizing minorities.
Disproportionate Voter Representation: Unequal constituency sizes create voter disparities. For instance, in Jammu & Kashmir, Hindu-majority seats had smaller electorates (as low as 50,000), while Muslim-majority seats had much larger voter populations (up to 1.92 lakh).
Potential Weakening of Federalism: Southern States fear that increased parliamentary seats for northern States could shift national policymaking priorities away from their economic and developmental interests, reducing their influence in governance.
Lack of Institutional Safeguards Against Political Manipulation: Bodies like the Inter-State Council (dormant since 2016) and Zonal Councils (irregular meetings) are weak, limiting their role in addressing regional concerns, leaving room for politically motivated delimitation decisions.

Why are the Southern States apprehensive about the potential power imbalance due to delimitation?

Population Control Efforts Could Lead to Reduced Representation: Southern States like Tamil Nadu, Kerala, Karnataka, and Andhra Pradesh have successfully controlled population growth through better healthcare, education, and family planning. However, delimitation based on population increase would benefit northern States like Uttar Pradesh and Bihar, reducing the parliamentary strength of the South.
Disproportionate Economic Contribution vs. Political Representation: Southern States contribute significantly to India’s GDP and tax revenues. For example, Tamil Nadu and Karnataka are among the top GST-contributing States. A shift in political representation favouring the North could mean economic policies are shaped without adequate input from these high-contributing regions.
Risk of Policy Marginalization: More parliamentary seats for northern States could result in national policies that favour their interests (e.g., agricultural subsidies, welfare schemes) over industrialized and service-based economies in the South.
For instance, the 15th Finance Commission’s devolution formula already reduced allocations to progressive States like Kerala due to their lower population growth.
Federalism and Autonomy at Risk: Southern States emphasize federalism and regional autonomy, and a population-based delimitation could further centralize power in the hands of the Hindi-speaking belt, reducing the political influence of non-Hindi-speaking States.
Precedents of Unequal Representation in Recent Delimitations: The Jammu & Kashmir (2022) and Assam (2023) delimitations have shown how constituency boundaries can be redrawn in ways that favour certain regions or communities. Southern States fear similar political maneuvering could reduce their legislative influence in the future.

How did the recent delimitation exercises in Jammu & Kashmir and Assam impact electoral representation?

Disproportionate Seat Allocation Between Jammu and Kashmir: Jammu was given six additional Assembly seats, while Kashmir, despite having a larger population, received only one additional seat. Example: Before delimitation, Kashmir had 46 seats and Jammu had 37. After delimitation, Kashmir got 47, while Jammu increased to 43, altering the political balance in favor of Jammu.
Gerrymandering Along Communal and Regional Lines: Constituency boundaries were redrawn in a way that seemed to favor Hindu-majority areas, potentially benefitting the BJP. Example: The Muslim-majority Kishtwar district saw boundary changes that made it more Hindu-dominated. Similarly, Rajouri and Poonch (Jammu) were merged with Anantnag (Kashmir) in a new Lok Sabha seat, despite geographical and cultural differences.
Unequal Representation in Terms of Voter Population: Some Muslim-majority constituencies in Kashmir had more than 1.5 lakh voters, while many new Jammu seats had significantly fewer voters, making votes in Jammu more influential. Example: Dooru (1.92 lakh voters) and Surankote (1.77 lakh voters) had much larger populations than new seats in Jammu with 50,000–60,000 voters.
Weakened Political Representation for Kashmiri Parties: The changes were seen as reducing the influence of Kashmiri-based parties like the National Conference (NC) and PDP, while consolidating the BJP’s hold in Jammu. Example: The BJP has never won a seat in Kashmir. By increasing Jammu’s seats, it has improved its chances of influencing J&K’s electoral outcomes.
First-Time Reservation for Scheduled Tribes (STs): The delimitation reserved 9 Assembly seats for Scheduled Tribes, mostly benefiting Gujjar and Bakarwal communities in Jammu. Example: The new ST-reserved seats include Rajouri, Mendhar, and Surankote, marking the first time STs have been granted separate representation.

What are zonal councils and Inter-State Council (inactive since 2016)?

Zonal Councils, established under the States Reorganisation Act, 1956, promote regional cooperation among States in five zones.
The Inter-State Council, set up under Article 263 of the Constitution, facilitates Centre-State and inter-State coordination.

How can strengthening zonal councils and reviving the dormant Inter-State Council (inactive since 2016) help ensure balanced representation in India?

Addressing Regional Imbalances in Representation: By ensuring regular meetings of zonal councils, States across different regions can voice concerns regarding political representation and economic disparities. Example: If southern States lose parliamentary seats due to population-based delimitation, zonal councils can advocate for compensatory measures like additional Rajya Sabha representation.
Enhancing Cooperative Federalism: The Inter-State Council can serve as a platform to mediate Centre-State and inter-State disputes, ensuring all regions get equitable political influence. Example: Resolving issues like tax devolution, resource allocation, and governance models that disproportionately impact southern States due to shifting parliamentary strength.
Strengthening Policy Coordination Among States: Zonal councils can facilitate coordinated development policies, ensuring that national decisions reflect regional concerns, especially in underrepresented areas. Example: The Southern Zonal Council could push for greater investment in infrastructure and technology sectors, ensuring economic contributions translate into policy influence.

Way forward:

Balanced Representation Through a Hybrid Formula: Instead of relying solely on population-based delimitation, a hybrid model considering factors like economic contribution, governance efficiency, and demographic stability should be adopted.
- Example: The Finance Commission’s tax devolution formula considers multiple parameters beyond population; a similar approach can be applied to delimitation to ensure fair representation for both high-growth and high-population States.
Independent and Transparent Delimitation Process: Strengthening constitutional bodies like the Delimitation Commission and Election Commission with greater transparency and public participation to prevent gerrymandering or political bias.
- Example: Implementing real-time public consultations and Supreme Court oversight in delimitation decisions can help address regional concerns and ensure fairness.

March 20, 2025

India ranked 24th out of 33 countries in Free Speech Index

Why in the News?

A global survey by The Future of Free Speech, a US -based think tank, has ranked India 24th out of 33 countries in terms of support for free speech.

The right to freedom of speech and expression is guaranteed under Article 19(1)(a) of the Indian Constitution, allowing citizens to express their opinions freely. This right includes various forms of expression like speech, writing, art, and digital media, RTI, and even the right not to speak. However, it is subject to reasonable restrictions as outlined in Article 19(2), including security, public order, and decency.

About the Free Speech Index

The Future of Free Speech, an independent U.S.-based think tank released this report titled ‘Who in the World Supports Free Speech?’.
It evaluates public attitudes towards free speech across 33 countries, highlighting trends, regional variations, and challenges to freedom of expression worldwide.
It emphasized the decline in support for protecting controversial speech, despite strong abstract support for free speech in many countries.

India’s Ranking:

India is ranked 24th out of 33 countries in the 2024 Global Free Speech Index, with a score of 62.6.
While Indians generally consider free speech important, 37% of respondents support restrictions on criticizing government policies, which is the highest percentage among the surveyed countries.
India is an exception to the general trend, as public support for free speech does not align with actual protections, pointing to increasing government restrictions on expression.

Global Highlights:

Norway (87.9) and Denmark (87.0) lead the rankings, demonstrating strong commitment to free speech and dissent.
Indonesia (56.8), Malaysia (55.4), and Pakistan (57.0) showed the biggest improvements, although they still ranked lower on the scale.
Several democratic nations, including the US, Israel, and Japan, have seen a decline in free speech support since 2021.
Countries like Hungary (85.5) and Venezuela (81.8) scored high, indicating a disconnect between government-imposed restrictions and public attitudes towards free speech.

PYQ:

[UPSC 2014] What do you understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss.

[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 42nd Amendment 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 44th Amendment to the Constitution.

March 20, 2025

Appointment of Comptroller and Auditor General (CAG)

Why in the News?

The Supreme Court has decided to examine a plea challenging the current process of appointing the Comptroller and Auditor General of India (CAG).

About Office of the Comptroller and Auditor General (CAG):

	Details
Role and Importance	Established under Article 148 of the Indian Constitution. Ensures efficient and lawful use of public funds. Audits financial accounts of Consolidated Fund of India, state funds, and public sector undertakings. Acts as a watchdog over government financial expenditure. Plays a critical role in maintaining financial accountability in governance.
Appointment and Term	Appointed by the President of India under a warrant. Serves a 6-year term or until the age of 65, whichever is earlier. Must take an oath to uphold the Constitution and perform duties impartially. Removal can only occur for misbehaviour or incapacity, through a special majority in both Houses of Parliament.
Independence of the CAG	Independence from the government: Ineligible for any government office after leaving office. Salary and Expenses: Equal to a Supreme Court judge, with expenses charged to the Consolidated Fund of India. No Ministerial Representation: No minister can represent the CAG or assume responsibility for their actions.

Issues with the Appointment of the CAG

The current process for appointing the CAG is seen as problematic due to the centralized control by the Union government.

The CAG is appointed by the President on the advice of the government, raising concerns about potential executive influence over a key independent body.
Critics argue that this process compromises the CAG’s independence and calls for a neutral selection committee involving the Prime Minister, Leader of the Opposition, and Chief Justice of India.
This would ensure that the CAG is appointed transparently and impartially, free from political interference.
Historically, the lack of clear guidelines in Article 148 regarding the CAG’s appointment has allowed executive interference, much like the early years of judicial appointments.

Supreme Court interventions have already reformed appointment processes for bodies like the Election Commission and Central Vigilance Commission, and similar reforms for the CAG are necessary to protect its autonomy.

[UPSC 2012] In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)?
1. CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency.
2. CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee.
3. CAG reports are available to the Parliamentary Committees.
4. While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law. Select the correct answer using the code given below:
(a) 1, 3 and 4 only (b) 2 only (c) 2 and 3 only (d) 1, 2, 3 and 4

March 19, 2025

Why are electoral reforms necessary?

Why in the News?

Recently, the Election Commission (EC) has invited political parties for discussions on enhancing the electoral process.

What are the key legal provisions governing the electoral process in India?

Article 324 of the Constitution – Grants the Election Commission (EC) the power of superintendence, direction, and control over elections to Parliament, State Legislatures, and the offices of the President and Vice President.
Representation of the People Act, 1950 – Governs the preparation of electoral rolls and the allocation of seats in Parliament and State Legislatures.
Representation of the People Act, 1951 – Regulates the actual conduct of elections, including provisions on qualifications, disqualifications, election offenses, and corrupt practices.
Registration of Electors Rules, 1960 – Provides rules for the registration of voters, corrections in electoral rolls, and the issuance of Electoral Photo Identity Cards (EPIC).
Model Code of Conduct (MCC) – A set of guidelines issued by the EC to regulate political parties and candidates, ensuring free and fair elections, even though it lacks statutory backing.

How has the voting process evolved in India since the first general elections in 1952?

Ballot Box System (1952-1957) – In the first two general elections (1952, 1957), separate ballot boxes were used for each candidate, where voters dropped blank ballot papers into the box of their chosen candidate.
Printed Ballot Papers (1962 Onwards) – From the third general election (1962), a single ballot paper was introduced with the names and symbols of all candidates, simplifying the voting process. Example: Instead of multiple boxes, voters marked their choice on a single sheet and dropped it in a common ballot box.
Electronic Voting Machines (EVMs) (2004 Onwards) – Since the 2004 Lok Sabha elections, EVMs replaced paper ballots in all constituencies, improving efficiency and reducing errors.
Voter Verifiable Paper Audit Trail (VVPAT) (2019 Onwards) – From the 2019 general elections, EVMs were backed by 100% VVPAT slips, allowing voters to verify their vote on a printed slip for a few seconds before it was stored in a sealed box. Example: A voter pressing a button on the EVM saw a printed slip confirming their vote for Candidate X before it was automatically stored.
Remote Voting and Digital Advancements (Proposed) – The Election Commission is exploring remote voting options for migrant workers and overseas Indians, along with blockchain-based voting mechanisms. Example: The EC has proposed a multi-constituency remote voting machine (RVM) to allow migrant workers to vote from different locations.

Why are electoral reforms necessary?

Addressing Electoral Roll Discrepancies: The ECI aims to improve the accuracy and transparency of electoral rolls, especially amid allegations of tampering in recent elections. For example, opposition parties have raised concerns over duplicate Electoral Photo Identity Card (EPIC) numbers, demanding discussions in Parliament regarding discrepancies in voters’ lists.
Enhancing Gender Representation: The ECI seeks feedback on measures to encourage greater representation of women in political parties and candidate selection processes. This aligns with international practices and aims to make elections more inclusive.
Regulating Election Expenditure: Discussions will focus on expenditure ceilings for elections and ensuring timely submission of audited financial reports by political parties. These measures are intended to enhance transparency and accountability in campaign financing.
Improving Voting Accessibility: The ECI plans to explore alternative voting methods for domestic migrants, absentee voters, and persons with disabilities. This includes feedback on schemes like the Electronically Transmitted Postal Ballot System (ETPBS) to ensure inclusive participation.
Strengthening Legal Frameworks for Campaign Silence Periods: To regulate election campaigns, the ECI will discuss extending restrictions to print media and online canvassing during the 48-hour silence period before polling ends, addressing concerns about social media misuse.

What is the importance of “One Nation, One Election” in the context of electoral reforms?

Enhanced Governance and Policy Continuity – Simultaneous elections reduce the frequent imposition of the Model Code of Conduct (MCC), allowing governments to focus on long-term policy implementation without periodic electoral disruptions. Example: If Lok Sabha and State Assembly elections are held together, policymaking won’t be interrupted multiple times due to MCC restrictions.
Cost and Resource Efficiency – Conducting elections at different times leads to repeated expenditure on logistics, security, and manpower. A unified election cycle reduces financial and administrative burdens. Example: The 2019 Lok Sabha elections cost around ₹60,000 crore; merging state and local elections could significantly cut costs.
Increased Voter Turnout and Engagement – Holding elections simultaneously can improve voter participation by reducing election fatigue and mobilization efforts. Example: Countries like Sweden and South Africa conduct national and regional elections together, leading to streamlined voter engagement and participation.

Way forward:

Comprehensive Electoral Reforms – Strengthen legal provisions for campaign financing, voting accessibility, and electoral roll management, ensuring transparency, inclusivity, and fair representation in elections.
Leveraging Technology for Electoral Integrity – Implement secure digital voting mechanisms like blockchain-based voting and remote voting for migrant workers while enhancing VVPAT verification to boost voter confidence.

Mains PYQ:

Q Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation-one election” principle. (UPSC IAS/2024)

Reason: This question directly asks about the necessity of electoral reforms which highlights several areas needing reform, such as allegations of manipulation of electoral rolls, issues with duplicate EPIC numbers, concerns about EVM and VVPAT processes, misuse of “Star Campaigner” status, exceeding election expenditure limits, and criminalization of politics.

March 18, 2025