Constitution Flashcards

Question

Issues with minorities commission

Answer 1

1. 6/7 post including chairman were vacant for in 2021 2. No constitutional status. No power of civil court while conducting enquiries 3. Politicization of appointnent- non competency - pendancy 4. Minority commission only in 16 states - no hierarchial setup - overburdened 5. Centralization and no multiple benches - citizens don't approach 6. Financial allocation, technological capacity

Answer 2

1. As of June 22– 2200 cases pending with NGT 2. Development vs conservation dilemma 2. Wpa 1972,fra 2006 3. Enforcement of verdict 4. Often simultaneously in SC - 136, PIL 5. EXpert vacanicies - ussullay retired ifos officers 7. Expertise - SC questioned NGt In subansiri manas project. Court overruled the ban 8. SC revered mopa airport case - said lacked merit based review 9. Sc Criticism of mechanical pre draft orders

Answer 3

1. No investigative wing of it's own. CBI Or departmental CVO 2. Multiple - cvc, CBI, lokpal 3. Advisory. No power to register criminal case or ask cbi to inquire 5. Delay, very low conviction rate - not effective Detterent

Answer 4

1. Investigative wing 2. Clearly delinetae - cvc, CBI, lokpal 3. Preventive mechanism rather than post facto 4. Specialized wing to study procedures of decision making especially in corruption prone ministries 5. Establish formal mechanism for communication and coordination between CAG and CVC

Answer 5

1. Financial autinomy 2. Power to choose own staff 3. Chairman to be a member of appointing committee 4. Hr violations of armed forces

Answer 6

1. Caged parrot- opposition and coalition 3. No suo motto 4. Dpse act- consent of states - bureacratic lethargy, vested interests 5. 10 states have withdrawn consent - latest being T.N 5. Asthana vs verma 6. Several failed cases — arushi case But the conviction rate as of 2022 stands at ~75%

Answer 7

1. Parl standing Committee - archaic dpse with CBI act - CBI cadre PSC , recent 1. New law - 2. Director of CBI to monitor the vacancies 3. Case statistics and annual report on its website 2. Bifurcate into anti corruption body and national crimes bureau 3. Role of cvc, CBI, lokpal 4. CBI to appoint it's own public prosecutor ( now law min) 5. Rti- social audit

Answer 8

1. Detailed review. Regulate only where necessary 3. Drsc 4. Involving citizen group and professional org in regulation activities Damodaran commitee has also recommended direct accountability of regulatory bodies to parliament

Answer 9

1. Vague - indefinite definition of terrorism- raising funds, preparation 2. Increasing cases - 72% 2019 over 2015 2. Arrest w/o warrant (43 A, 43B), deny bail, 30 days police and 180 days judicial custody without warrant, secret witness during proceedings 3. Curb dissent Put a box and write Asif Iqbal Tanha case : state has blurred the line between rt to protest and terrorist activity 4. Fedralism - police in state list 5. Low conviction rate - only 3% convicted out of total arrest between 2018 and 2020

Answer 10

Finance act 2017

Answer 11

1. According to EC —- Retrograde, 29C 3. Shell companies. Now no limit 3. Companies need not declare names of parties to which they have donated. Against the rt of shareholders 4. Fcra- foreign companies registered in india - unchecked foreign fund 5. Companies can use it as a legal channel to round trip their tax haven cash 6. Against RTK of citizens. But govt can obtain data bcoz sbi is a psu ADR report - maximum donation is being made to current government

Answer 12

1. SY quereshi - national electoral fund 2. Indrajit gupta - state funding 3. Ec - political parties cag audit

Answer 13

Intro - aruna roy MKSS and other citizen groups Conclusion- American sc judge louis brandies " Sunlight is the best disinfectant and electricity the best policeman "

Answer 14

1. Public records office 2. Single window system- application and su motto 3. Uniform rate and multiple modes 4. Osa - national security act

Answer 15

124A of IPC Was put on hold by sc in sg vombatkere case. The new BNS bill does away with sedition, but has a similar sounding provision under A.150, though the word sedition is not used

Answer 16

1. Colonial legacy . All major democracies including UK 3. Range of communication- holding posters, social media posts, raising slogans and personal communications . 4. Vague provisions - hatred, contempt, disaffection Shreya Singhal case struck down 66a bcoz it was vague Note : more clear in bns bill. But ‘ sovereignty and unity of India ‘ 3. Conviction rate at 3.3% (2019) 4. Authorities not following ‘ Kedarnath spirit’- incite violence or creates public disorder

Answer 17

1. Bezbaruah - anti racial discrimination under IPC, helpline 2. Vishwanathan commitee - cyber crime coordinator state, anti cyber crime cell - district 3. True speech - banglore police

Answer 18

1. Seperate l&o and investigation 3. District attorney 4. Ulb- local police 5. Outsource non core functions - address verification 6. National level coordination Institute - for various interstate crimes

Answer 19

1. Dk basu guidelines 2. Anti torture bill 2017 needs to be revamped - state responsible for injury and bop on police Concln - peelian principe of London metropolitan police - persuasion, advice, warning

Answer 20

1. Fix tenure and selection of dgp, ig 2. Police establishment board 3. State Police complaint authority

Answer 21

1. Will not become non human 2. All human rights within limitation 3. No justification for aggravating suffering already inherent in the incarceration

Answer 22

1. Mulla commitee - national prison commisson (modernization), seperate undertrials from. Convicts 2. Amitava roy- One lawyer - 30 prisoners Video conferencing for trial

Answer 23

Law commission recommendations 1. Electoral benches in each HC 2. Simplify the procedure for filing EP 3. Speedy trial and disposal

Answer 24

1. Fedralism - directly to district authority 2. Against doctrine of SOP - 2 nd arc 3. Non lapsable - election rush 4. Cag- no inclusive participation 5. Nepotism

Answer 25

1. Tribal vs non tribal conflicts- non tribal calls out the provision to be discriminatory 2. Functional overlap with pri Or muncipal 3. Multiple power center - ex: Meghalaya though a state, almost entire state under 6th schedule 4. North cachar - money to extremist 5. Bias - bodoland 6. Law- assent of governor - no time limit 7. Various tribal group with diff customs under one DC — logjam —- chakma council in Assam 8. Power capture by elites 9. Forum to propagate their political future,,, not working for welfare of the dc Cji hidyatullah - mini Constitution

Answer 26

1. Lack of proper land record - huge rejection rate 2. Subdistrict and district- bureaucratic inefficiencies 3. Forest right committees not being formed by gram Sabha 4. Xaxa - rejected wo reason - wrong interpretation of OTFD, gps survey 5. Rejection not communicated and rt to appeal not explained 6. Alienation - forest authorities reluctant to share power Flip side - ETURUNAGARAM in Andhra - vast encroachment in forest land post fra cut off date to put forth illegal land claims

Answer 27

1. Candidate - charge >5 yrs, ep against defeated candidate also 2. Election- paid news- electorl offence, 126- print media, 6 months prior to expiry ban on adv of govt achievement 3. Process - totalizer, don't transfer election officer, register and deregister

Answer 28

1. Fd to 4% in next 5 fiscals 2. 41% 3. Sfc by 2024 4. New defence fund 5. Grants- local bodies grant, Sector specific, revenue deficit , disaster management 6. performance based incentives - aspirational district, tourism promotion, discom reforms etc

Answer 29

1. Social media, digital news, OTT 2. Social media - grievance, cno, compalice officer, monthly report about their complaince mechanism, 3. Traceability - first orginator - sovereignty and public order 4. Digital media and OTT platform - self regulation by publisher, self regulating body, oversight mechanism by min of I&B 5. OTT platform publish post self classification based on age. Parental locks

Answer 30

Self governing, pvt, not for profit organization that are geared towards various initiatives including community development or environmental protection.

Answer 31

1. Proximity to grassroot 2. Flexible, One issue - speed 3. Trust. Lwe 5. Expertise 6. innovation - ubi in Mp Sewa 7. Participative democracy

Answer 32

1. IB report - IMPACT OF NGO ON DEV— Kudankulam project, us based solar equipment 2. mercy cops - insurgents 3. Compassion intl- conversion 4. CBI report - only 10% registered NGO file annual report 5. No short term courses 6. Muzaffarpur shelter home 7. Changing nature of social activism- more career oriented rather than bringing on ground changes 8. No good board of governanace 9. fire fighting approach. No sustained solution

Answer 33

Concept whereby companies integrate socially beneficial programmes in their business operation by spending a% Of their profit. Companies act 2013 made it mandatory

Answer 34

Commitment by pub authorities for delivery of services according to predetermined standards. Makes them accountable to citizens and hence improve public service delivery

Answer 35

1. One size do not fit all 2. Reform internal process to meet 3. Cc should be prepared for each individual unit under the overall umbrella of org charter 4. Periodic evaluation 5. Hold officers accountable

Answer 36

1. RTI ACT - Less than 45% 2. Electoral bonds -29C 3. Osa still 4. Reports - vohra committee 5. Ddpb amending rti

Answer 37

1. Delhi Metro (technocrat), nandan nilekeni 2. Cyber crime, terrorism. AVGC commitee 3. Baswan committee 4. Fresh ideas 5. Career bureaucrats motivated 6. Common practice in us uk

Answer 38

1. Spoils system 2. 3 years + renumeration not competitive with pvt sector 3. Work culture + systemic interference 4. Need vs demand ( market model) 4 . policy vs ground implementation 5. Systemic inertia already at place 6. System of positive discrimination might be affected 7. Dependence on few individuals for domain expertise might backfire at later stage

Answer 39

1. Educating public - extinction rebellion 2. Mobilising - farm protest 3. Policy formulation - ORF 4. Economic growth- FICCI, tax reforms to suit the govt 5. Env issues - narmada bachao 6. Vulnerable- sewa, mahila sashaktikaran andolan- 498A, maternity benifit bill

Answer 40

Violation of constn Conviction of treason, bribery, high crimes, misdemeanor

Answer 41

1. distortion isssue- biased against phc- only if hospitalised 4. Efficiency issue - moral hazard, no incentive for hospital to be efficient

Answer 42

1. Written 2. Very rigid 3. Judicial review- constitutional council with a 9 year term - advisory body 4. Multiple citizenship 5. Executive president - directly elected for seven years 6. French PM assist prez in day to day 7. French parl very limited powers. Rest of the matters taken care by Prez. 8. unitary Quasi presidential+ quasi PM

Answer 43

1. Written 2. Rigid 3. President 4 years 4. Fedral 5. Dual citizenship Jury system Prez recommends name to Senate

Answer 44

1. Rigid 2. Fedral 3. semi presidential 4. dual citizenship with those countries that have signed treaty with Russia. Ex: Tajikistan 5. Fr are there

Answer 45

Part 1X to schedule V 1. Allegations of political considerations in forming Tac and declaring fifth schedule areas 2. Traditional practises of tribals have not yet been imbibed into the pesa- mankia Munda 3. Only Rajasthan left 4. Ambiguous defn and interpretation of bureaucracy-Mfp, minor water body definition 5. Gram Saba should be consulted for diversion of land land but it’s only on paper 6. Lanjia Saora, bills, Santhal, Gonds , not yet accustomed 7. 2 ministries –Ministry of tribal affairs and Ministry of PR 8. push for corporate entry - allegations of companies splitting up tribals by bribing some

Answer 46

1. Right to live with dignity 2. Right to access public health centres 3. Right to give advance directives regarding mode of treatment 4. Right to confidentiality 5. Electro convulsive shock therapy cannot be used without giving muscle relaxant 6. Mental health authority at central and state

Answer 47

1. Big constituency 2. Only one candidate wins per constituency 3. Usually vote for the candidate and not the party 4. More seats than the votes

Answer 48

1. Premier think tank –key role in design an pd conceptualisation of Ayushmann Bharat, model land leasing act 2. Island development agency, Northeast development agency 3. Cooperative fedralism via governing council meetings 5. Competitive federalism – SDG India index, composite water management index 6. Innovation –arise – prototype to commercial 7. Knowledge hub – best practises

Answer 49

1. dual executive (President plus Prime Minister ) vs President is the real executive 2. Collective responsibility versus President directly accountable to the people 3. Dual membership – ministers are members of both legislature and the executive 4. Dissolution of the lower house versus no dissolution 6. No strict Separation of powers versus strict separation of powers

Answer 50

1. Judicial burden 2. Constitutional cases like Shreya Singhal, Naz foundation et cetera was heard by two judge bench 3. International practice of having cassation benches 4. Law commission under Justice KK Matthew has suggested that Supreme Court should have two divisions – constitutional and appeals 5. Against article 39A-Poor has to travel all the way to Delhi

Answer 51

1. Marriage and commercial settlement cases okay 2. Mediation, conciliation et cetera might lead one to settle for lesser compensation 3. Often the poor maybe the one who will be compromising 4. The practice of following judicial precedents Necessary to bring about certain degree of standardisation and uniformity

Answer 52

1. Sabarimala case, Haji Ali Dargah case- opening temple to women 2. Shirur Mutt case – state can control secular activities 3. Chidambaram Temple case – article 26 doesn’t give the right to mismanage 4. Parsi women who have married outside their religion have the right to participate in the fire worship

Answer 53

Issues 1. Under the control of line ministry 2. From RK Jain to Chandrakumar case Supreme Court has tried to point out several lacunas 3. Delay- DRt- on an average more than 50% failed hearing 4. National tax Tribunal was dissolved by Supreme Court because it usurped the power of civil courts 5. Several zonal councils of NGT was shut down because of vacancies Wf 1. R. Gandhi case- shouldn’t be under the control of line ministry against which it has to pass orders 2. The recent Roger Matthew case suggested a national commission for tribunals-an-overarching body 3. Law commission in the past have suggested that qualification of the members should be that they should be eligible to be a judge of high Court 4. Stable rosters in High Court so as to promote specialisation

Answer 54

1. Against federalism – extended , some shortened 2. No guarantee that there won’t be mid-term polls 3. Seven lakh polling stations –security forces 4. Big national parties only might end up winning state elections – more attention to national issues 5. Will have to face the electorate only once a year –reduced accountability 6. Illiterate – confusion for whom they are voting Wf 1. One year one election – as suggested by EC – should be the starting point 2. Constructive elections like in Germany 3. Side by side electoral reforms

Answer 55

1. Section 8 – disqualification from standing for elections 3. Section 123 – corrupt practises 4. Section 33A- details about cases where they have been accused of crimes punishable with greater than two years 5. Section 29C- Financing details 6. 61A evm 7. 58A - cancel on booth capturing 8. 77 — limits election exp 9. 126- ban on electronic media to display any election matter 48 hours 10. 126A—-exit polls Imprisonment upto 6 months for furnishing wrong details

Answer 56

1. Form of JR put forward in KBC judgment through which court checks the legality of parliament amendments 2. Nanipalkhival - leg is the creature of constn and not it’s master 3. Some features of constn beyond amendment

Answer 57

1. Govt stability and more focus on governance 2. Less election expenditure 3. Party discipline 4. People - voted for policies espoused by the political party 5. Realignment of party ( allows merger ) 6. First time constn recognition of political party

Answer 58

1. Defection vs disagreement/ dissent 2. Breaking chain of accountability - electorate vs party diktats 4. Speaker - allegations of partiality 5. Finding loopholes - ex: using the Nebam Rebia ruling of 2016 - seeking removal of speaker when disqualification proceeding anticipated-> tying down hands of speaker 6. Irrational discrimination- encouraging wholesome defection Ex: recent Shivsena split of Maharashtra 7. National election study by Lokniti - in 2019 there was an increase in candidate based voting wrt 2014

Answer 59

1, representative quality - age ( 25 to 40 , 26 in 1st, 12 in 17th), gender (14% in 17th LS) 2. Avg sitting day - 130 in (1950s) to less than 70 3. Quality of legislation A. Bill referred to parliament committees - 14,15, 16– 60, 71, 25 B. Debates and discussions- case study - senator ted Cruz 21 hours, farm law repeal bill 8 min - 3, 5 C. Key piece of legislation via ordinance and money bill route 4. Productivity of budget sessions - time spend by LS in discussing union budget has been declining since 1990s ( prs) 5. Tax payers money - budget session 2018 washed out almost 200 crore based on loss of productivity 6. Freq disruptions 7. Reducing Mp to mere head count 8. criminalisation of politics

Answer 60

1. Venkaiah Naidu 15 point charter - consciousness- Gandhian - quorum - 50% member attendance - limit whip - quo of stability - mandated no of day of sitting - Odisha 100 day model 2. Pm question hour in uk every Wednesday for 2 hours 3. Pvt member bill 4. Keisham Meghachandra - speaker - tribunal to decide defection

Answer 61

1. Better consensus building - televised vs close door - no anti defection law 2. Better quality of legislations - better discussion and experts Ex: data protection bill more than 80 redo of PSC 3. Enables member to build expertise in a particular area 4. Constn morality - govt accountability 5. Less judicial intervention

Answer 62

1. Reducing no of bills referred 2. New trend of joint committees rather than DRSC 3. Don’t always consult experts - ex: rte 2008 4. Standing research team. Gen support staff 5. Short duration of 1 year 6. Recommendations not binding

Answer 63

MR MADHAVAN and PRATAP BANU MEHTA in “ rethinking public institutions” 1. USA model - mandatory referral 2. Inc term from 1 yr 3. Inc transparency - minutes of meeting 4. public consultation mandatory 5. Support - robust parliament library

Answer 64

Lifeblood of parliament democracy - light of 71 day sitting and disruption

Answer 65

1. Qlty judgement - Bombay HC - groping a child without skin to skin contact wouldn’t come under pocso 2. Impartial functioning- internal commitee formed to investigate sexual harassment allegations against CJI headed by himself 3. Applicability of RTI - Bombay HC - it’s file noting wrt administrative functions wouldn’t come under RTI 4. No legal obligation to prepare annual report - Odisha, tn, tripura 5. Pendency 6. K veeraswami vs UOI - no senior judge of SC could be subjected to criminal investigation without written permission of CJI. Very rare a judge ..

Answer 66

1. Arbitration and conciliation act 1996 2. Mediation - consumer protection act 3. Lok adalat- pre litigation 4. Plea bargaining under Crpc 5. Gram Nyayaly

Answer 67

1, Indu Malhotra - the LAW AND PRACTICE OF ARBITRATION and conciliation- upholds 39A 2. Judicial rut - in 2023 NLA - 63 year old pending dispute in Hubballi civil court solved 3. Fast - data by law ministry in 2018 - more than 50 lakh case disposed of by these court on an avg in the last 3 yrs by these courts during national la 4. Cost effective 5. Hostility 6. Give views without fear of technicality 7. Soln based on opinion of both - practical, flexible, adaptable

Answer 68

1. Family and matrimony disputes 2. Schedule, reschedule, postpone- comfort of home 3. Documentary evidence 4. Easier to move to separate virtual room 5. Multiple locations, travel cost 6. No theatrics of public meeting

Answer 69

1. Open court principle of 145(3) 2. Tech savvy lawyers and support staff 3. Rural urban gap 4. Hacking of imp doc - psych evaluation 5. safety - Michigan —-> assault suspect in victims home 6. cross examination- delayed streaming, overemphasis on facial expression 7. other evidence apart from doc 8. Juhi Chawla case - web link on social media

Answer 70

1. CF involves center and state cooperating with each other for overall devp of the nation 2. Participation of states in creation and implementation of national policies 3. In state of Raj vs uoi- SC quoted granville Austin wherein it was said " Indian fedration is an example of cooperative fedralism. India has created a strong central govt, it has not made the state govt weak" 4. Examples - a. Gst council ( 246A, 279A) b. Interstate council ( art 263 ) c. Niti ayog d. Ndma and sdma during covid e. 258, 258A-- mutual delegation of executive functions

Answer 71

1. Increased devolution by 14th, 15th FC 2. Performance based devolution mandate of FC - demographic performance and tax effort 3. Index - composite water mgmt index ( Niti ayog ) , swach Bharath ( mohua) , ease of doing business ( dpiit) 4. Certain states endeavouring for ease of doing business. Ex: Bhoomi portal of Karnataka, labor laws eased in rajasthan Recent Mohit minerals case - sc - Indian fedralism is a dialogue between cooperative and non cooperative fedralism

Answer 72

1. Legislative - pca, bonded labor , gram nyalay bill 2. Ananthasayanam Iyengar -hasty legislation and place for genius who couldn’t win popular mandate 3. Special power - 249, 312, 352 ( endorse emergency when no LS) 4. Deliberative chamber - qlty leg 5. Chamber of continuity 6. Scutinizing chamber - 8/12 DRSC

Answer 73

1. Qlty of memebers - party fundraisers, journalist , lost election 2. Delaying chamber if oppn 3. Frequent disruptions - till 1997- 100%, 2015-19–> 61% productivity 4. Bypassing — money bill 5. RPA amendment act 2003, no domicile req 6. Sachin - 24 days 7. ADR 2020– 24% of RS has criminal cases 8. Independent and nominated members— less time to speak

Answer 74

1. No of sitting NCRWC -100 days 2. Self disciple and participation 3. Able members UK model 4. Us senate model - 50*2 5. Tech adoption and infra sector

Answer 75

1. Partisanship, no qualifications 2. Constn directives - governor of Jharkhand 3. Public spate - wb governor, Kerala 4. Gubernatorial procrastination 5. Going against advice of com - NABAM REBIA vs DEPUTY SPEAKER - called LA at an earlier date , unilateral editing of governor votebof thanks in TN 6. 356 Discretionary — art 163 1. Art 200 2. 356 3. Hung assembly 4. Lost the confidence ( Bommai case - floor test and not on subjective assessment of the governor )

Answer 76

1. Interstate council - only 11 meetings since 1990.last in 2016 2. Governor 3. several Cm boycotted the 7th meeting of governing council of Niti ayog - center not treating them as equal partners 4. Executive- extension of bsf 5. Leg- farm law, entry 14 of center

Answer 77

1, transparency and close to people 2. Resource and rep to deprived 3. Reduced urban bias 4. Accountability- speed, qty, Qlty 5, political partcipation - A anadavalli 6. Reduced absentism in pHc and govt schools 7. Jobs during Covid 8. Carbon neutral meenganadi

Answer 78

1. Decentralisation of corruption - mani shankar Iyer 2. Fund - sfc, low equilibrium trap (es) 3. Panchayt pati- Damoh district in MP - husbands take oath 4. qualified support staff 5. devolution of functions in 11th schedule 6. Parallel Instn 7. elite capture 8. No adequate consultation with GS

Answer 79

1. Activity mapping - mani Shankar 2. Kerala big bang- coc for civil, full devolution, panchayat ombudsman 3. Es 2018 - devolution should be linked to performance in tax collection 5. Sumit Bose - full time secy in gram panchayats

Answer 80

1, T Raghunandan - RETHINKING PUBLIC INSTN IN INDIA - allocation, release , expenditure information network 2, rural bonds 3 . Common resource centres using MNREGA 4. Tourist vehicle fee, restaurants, cyber cafés

Answer 81

1, ngos and civil society 2. Role modelling - Draupadi Murmu 3, experts - Indian frontier administrative service 4. Samatha vs Andhra - land for land 5. National citizens panel

Answer 82

Art 93 Pt Jawahar - speaker is the symbol of nations freedom and liberty 1. Leader of ls, presides 2. Final interpreter of provisions 3. quorum 4. Money bill 5. Disqualification Xth schedule 6. Joint sitting 7. chair - general purpose committee, rules commitee

Answer 83

1. Impartiality- election anyway on party ticket 2. Criticism - money bill to bypass RS 3. Anti defection law wielded such that to favour ruling party Ex: Keisham meghachandra- Manipur defection case 4. No review of speakers decision, final 5. Increased disruptions - allegedly providing more time to ruling party

Answer 84

1. Resign from party - Neelam Sanjeeva reddy 2. Uk practice - give up party membership, commitee of 2 senior legislators to assist speaker 3. Keisham meghachandra case - court suggested permanent tribunal to decide on anti defection GV MAVLANKAR - once a speaker is elected he should raise above party and politics

Answer 85

Along with speaker is the guardian of privileges. Symbol of parliamentary democracy 1. Maintains continuity - absent or vacant 2. Not a subordinate- speaker resignation to him 3. Strengthen oppn - convention

Answer 86

1. No time frame —- 93,178- “ as soon as possible “ 2. Rule 8 of procedure —- when the speaker fixes - constn experts — shall= mandatory - but treasury bench of parliament - no immediate requirement, bills are being passed and discussion held - several min - panel of chairpersons - courts cannot intervene - art 122(1)

Answer 87

1. conduit - diff ministries, public ( mann ki Ba’ath), grievance redressal ( cpgrams ) 2. Think tank - second opinion 3. Space , atomic energy 4. Complexity and scope of governance - need experts 5. Foreign relations - require expert panel 6. Faster decision making and implementation— removes policy paralysis

Answer 88

1. Progressive leg - sasi taroor- anti discrimination 2. Raisin d’être of parliament- law making 3. Land mark leg - tiruchi n shiva pioneered the transgender bill 4. mps more than mere head count

Answer 89

1. Procedural impediments- cap on no. Of bills , discussion only on fridays 2. One month notice vs 7 day 3. Lesser chance of being approved 2. delay in discussion - naresh Gujral 2017,,2018 3. Research support Library, PRS LAMP fellowship

Answer 90

1. Even unmarried women - abortion upto 24 weeks 2. Marital rape 3. Transgender’s 4. If consensual - no need to report under posco 5. New forms of familial relationships

Answer 91

1. Suchitra Srivastava- reproductive autonomy under art 21. Still RMP 2. Non exhaustive list of circumstances - 20-24 3. if medical board denies- go to court 4. Critics say its more about protecting practitioners

Answer 92

1. legal judicial 2. Health - gynaecologists in rural - nfhs 2019-21 data — more than a quarter of abortions done at hom 3. Society - taboo - sex selective 4. Ethics Pro life vs pro choice

Answer 93

1. Tech sector - creative disruption - data analytic 2. Economy - integrated markets - IR 4.0 3. Government - egovernance - informed policy making - better targeting - prevent frauds 4, individuals - informed choice - ease of living

Answer 94

1. Privacy and safeguards 2. BN Srikrishna - consent is broken in india 3. Cyber crime - bullying, stalking, doxxing

Answer 95

1. Fake news 2. Cyber crimes 3. it act vs it rules 4. Critical data - nuclear, cyber etc

Answer 96

Manipulation, monetisation, colonisation

Answer 97

1. CONSENT - purpose limitation - multiple languages - deemed consent 2. Data principal - post-mortem - withdraw consent - correction or erasure by fiduciaries - grievance redressal 3. Data fiduciary - acc and transparency measures - notify breach - data protection officer - more responsibilities for significant DF 4. Exemption - medical and legal - govt entities 5. Cross border data transfer 6. Data protection board of India

Answer 98

1. data - processed manually - lack of data portability rt to principal - sensitive personal data - ease of data localization 2. Government - Conflict of interest - 14/22 clauses - govt weak data security infra Ex: recent issue of confidential data of sbi employees made public in telegram 3. Independence of regulator 4. Clause 44(3) amends sec 8(1)(j) of rti to widen the scope of withholding personnel info - imbalance between transparency and privacy. Can lead to protection of corrupt 4. No criminal liability Ben Srikrishna - fundamentally flawed

Answer 99

1. Manual data 2. Non personnel data 3. Post-mortem consent 4. Data localization 5. Fin plus criminal

Answer 100

1. Govt will setup SRO. Will decide whether to allow 2. Gambling prohibited 3. age rating and parental consent 4. Banned or prohibited content 5. Identities of online gamers 6. Opt out after their own limits of time and money spent

Answer 101

1. ALL INDIA GAMING FEDRATION - 5 mn dollars by 2025 2. Sunrise industry 3. Youth 4. infra - 5g, mobile 5. 3 gaming unicorns - Dream Sports, Games24x7 and MPL.

Answer 102

1. Socio- psychological - attention economy - addiction, mental health, incidence of violence 2. Regulatory grey area - not in any list 3. Blanket ban in certain states - kill + underground Ex. Kerala banned online rummy in 2021,,, hc lifted 4. Ethical - near miss phenomena - dopamine kicks — addiction 5. Money laundering 6. Data protection 7. Offshore gambling Betting, gaming apps Betway, Lotus365, Fun88 continue operations, ads despite blanket ban.

Answer 103

1. Govt - online gaming authority in TN - China 3 hours a week limit - ban surrogate ad 2. Industry - robust grievance redressal 3. Consumer Aware

Answer 104

1. Civil courts 2. Consolidated fund of india 3. Functional autonomy 4. security of tenure 5. Legitimacy in the eye of public 6. Reports submitted

Answer 105

1. Political parties - registration - recognition - election symbols 2. Voter - electoral roll - awareness 3, election - date and schedule - results - model code of conduct 4, quasi judicial body -

Answer 106

1, every single voter - Gir forest 2. EVM - booth capturing, vote counting 3. VVPAT 4. Mcc 5. Level playing field 6. Electronic transmitted postal ballot system - service voters 7. SVEEP , matdata junction 8. Special drives for homeless and sex workers in cities

Answer 107

1. Constitutional limitations - qualification, appt process, - cec vs ec —- removal process ( TN SESHAN CASE —> cec = ec ) 2. Legal limitations - law to regulate appointment ( the election commn bill solves this issue ) - sec 29A— deregister - mcc - no legal backing 3. Executive control - appt, removal, short tenures - no separate secretariat - not charged on CFI - post retirement offers 4. Judicial interference ( NP PONNUSWAMI CASE - judiciary can’t ) SC stays ECI order revoking ‘star campaigner’ status of former MP CM Kamal Nath

Answer 108

1. Recent election commission bill - selection commitee- pm+ lop+ cabinet min, search commitee headed by cabinet secy , ec cannot be reappointed 2. 255th LC - permanent secretariat 3. Security from arbitrary removal of ec 4. CFI 5. Power to deregister pp

Answer 109

1. Aidmk vs ECI - EVM constititutionally valid 2. ADR vs UOI - Compulsory declaration of assets, educational qualifications, criminal background 2. PUCL vs UOI - NOTA 3. Subramanian swamy - VVVPAT 4. Public interest foundation case - mandatory for pp to publish details regarding pending cc on candidate within 72 hrs of selection else coc 5. Abhiram Singh vs commachen- 123(3)— seeking votes in the name of caste, community etc — corrupt practices 6. Lilly Thomas 7. Jan chowkidari

Answer 110

1. Political justice of preamble 2. Inclusive - 300/900 mn didn’t vote in the 2019 elections mainly due to accessibility issues 3. Awakened citizenry 4. disenfranchisement and invisibility of migrants - Kalgoth, Dumak villages in Uttarakhand 25% not able to vote because of migration 5. Voting apathy in urban areas - leaves

Answer 111

1. Tech 2. EVM tech 3. Mapping of migrants 4. Voter verification 5. What if they come directly after registering as RV

Answer 112

1, pilot projects of dynamic ballot voting unit 2. Etpb 3. Ec with iitm - blockchain

Answer 113

1. 2 % seats in Ls- 3 2. 6% of votes in 4 states 3. Sp in 4 states

Answer 114

1. Front to avail tax exemption — 219 rupps , 600 crores in 19-20 2. No financial discipline, political morality, public accountability 2300 didn’t submit contribution report in 19-20 3. Money laundering, round tripping 4. No transparency - rti 5. No political activitiy 6. Eci can’t deregister

Answer 115

1, eci power to deregister 2. Pp under rti 3. Srtingenet norms for PP registrations Indira Gandhi vs raj narain

Answer 116

1. Electoral democracy - against spirit of F and F elections - disadvantage to parties taking substantive issues - govt of the day resorting to competitive populism — no level playing field - money power 2. Fiscal - weakens fiscal situation - es 2016- loan waiver - exit of tax paying middle class - redirecting scarce - opportunity cost - domino effect — other states

Answer 117

1. Not corrupt practice - Subramanian Balaji 2. Food security 3. Social welfare - bikes to girls 4. Benefit Manufacturers of laptop , phones etc

Answer 118

1. Laws- Bhanwari Devi 2.suo motto notices - Moved against star , zee Delhi hc 3. Outdated customs in MAIMON BHASKARI CASE 4. Awareness 5. Review laws from time to time 6. Special studies and investigation Ex: special study on female women prisoners, disabilities and woman

Answer 119

1. Toothless tiger - ex: Manipur sexual violence case— 100s of complaints, all they could do was ‘ forward ‘ to authorities 2. Victim blaming - Badun (up ) rape case victim choosing odd hours to go to temple 3. All parties so far NCW chairperson a party member 4. Favouring political bosses Ex: Nirbhaya gang rape case 5. Friction among memebers - member secy — ias officer 6. Issue of shadow pandemic 7. No constn status, less funding

Answer 120

1, file to field approach 2, advertise vacancies + selection committee— lop, civil society 3. Social audit by external agencies 4. Reducing power distance - awareness among rural women

Answer 121

1. Experts 2. Instrumental role in protecting forest, rts of tribal 3. Samit Mehta — polluters pay 4. SBA SANGARSH SAMITI - no fault liability 5. Supreme Court has clarified that NGT has suommotto powers - Vizag Lg plant gas leak

Answer 122

1. Opened to judicial and moral scrutiny — hussanaira khatoon, nhrc guideline to be strictly adhered 2. File to field - Mundka fire Delhi chief secy and its own team 3. compensation, media coverage 4. Extensive research - right and challenges in surrogates

Answer 123

1. Manual scavenging, encounter killing, Manipur violence 2. Toothless tiger by its own former chairman - advisory 3. 1 yr time limit 4. Pvt , armed 5. Retirement home for pliable judges

Answer 124

1, clean money , formal banking sector 2. Anonymity - post poll intimidation 3. KYC verified 4. Tax adv 5. Political party can maintain a corpus - good instead of rich candidate 6. SC in ADR case — no scope for black money since it’s not tradeable

Answer 125

1. Commercialisation - consultancy, social media, celebrities 2. Criminalisation 3. Freebies and cash for vote 4. Inner party democracy - rich gets ticket 5. Corporatisation of media- paid news

Answer 126

1. 3 fundamental shifts 2. Scams - common wealth 3. Predictability and openness- answer keys of iit 4. New offices Sarabjit Roy case - pvt PU companies Sc Aggarwal case - cji

Answer 127

1. Report card - satark Nagarik sangatan - < 45% recieved the info they sought 2. More than 3 lakh with 26 IC 3. Transparency international report - 25% IC posts vacant and only 5% women 3. > 70 rti activist murdered ( mkss) 5. Very few IC have option of e- filing of request 4. Sec 4 suo motto rare 5. Sec 8- widened under the new DPDP bill 6. No political party 7. Dilution of position of cic via RTI act 8. Frivolous rti trying to overwhelm the system

Answer 128

1. Art 21 , DPL, 2nd arc - brawn over brain 2. Demonstrative effect 3. Culture of impunity - 2001 and 18 ~ 1700 deaths. Only 26 convicted 4. Loophole in law - confessions not admissible but evidence obtained via torture 5. Innocent - Ryan public school case 6. Denting India’s intl image - Denmark Kim Davy extradition 7. Women and children - mathura rape case 8. Social acceptability of encounter killings

Answer 129

1. Colonial era law - police act 1861 2. Infrastructural - PSC 22- 600 not even telephone - forensic infra, reliance on oral 3. Institutional - vacancies — 155, 195, 222/ lakh - stress ( STATUS OF POLICING IN INDIA REPORT ) - lack of training — focus on discipline - women ( INDIA JUSTICE REPORT 2022- 24 years ) 4. Social - non citizen friendly ( LOKNITI CSDS SURVEY - less than 25%) 5. Functional - law - 66A - custodial torture - political stooges - new crime — cyber, organised

Answer 130

1. Infrastructure and resource - staff, occupancy, Covid 2. Human rights - no distinction , torture , mental health 3. Legal - undertrials, legal aid 4. Systemic issues - reformative approach, security measures, corruption 5. Intl image - india unable to extradite Kim davey because denmark sights the issue of poor prison

Answer 131

1. Bare minimum: If a company spends an amount over the minimum 2%, as stipulated, the excess amount is liable to be set off against spending in the succeeding three financial years 2. Geographical Bias: a recent report by Ashoka Universitynoted that since the majority of CSR companies are located in the states like Maharashtra, Karnataka - states like U.P and M.P are left out from availing benefits of CSR 3. Sectorial Bias: There is also a sectorial bias. An analysis of CSR spending (2014-18) reveals that while most CSR spending is on education (37%) and health and sanitation (29%), only 9% was spent on the environment. 4. Lack of Community Participation: This is due to a lack of awareness and interest in activities relating to CSR. No plan can be successful without community engagement. 5. Green washing, publicity stunt 6. Public companies are mostly in industries where customer perception of the company does not matter (ONGC, NDMC, NTPC, etc.) as much as it does for a private company and this has led to a degree of complacency in meeting the CSR spending target

Answer 132

1. Centralized Platform: a national-level centralized platform should be created by the Ministry of Corporate Affairs where all States could list potential CSR projects. Companies can check this platform and assess as to where the CSR funds would be most impactful. 4. Recommendations by the high-level committee on CORPORATE SOCIAL RESPONSIBILITY (2018): - Bringing CORPORATE SOCIAL RESPONSIBILITY within the purview of the statutory financial audit with details of CORPORATE SOCIAL RESPONSIBILITY expenditure included in the financial statement of a company

Answer 133

1. Communication link - ASER REPORTS 2. Awareness about rts of people - WORK OF NIRMAN NGO - tribals of Odisha regarding FRA rights 3. Capacity building of people . Ex: KERALA SHASTRA SAHITYA PARISHAD - people’ science movt , Akanksha foundation providing legal aid ( instead of Nalsa) 4. Social evils - Sachi Saheli- bloody revolution 5. Broaden govt accountability- mkss rti 6. Crisis - American india foundation 3 pronged approach 7. Alternative models of service delivery - fair price shops by MKSS 8. Most vulnerable - helpage india ( cheaper old age home than pvt ) childLine

Answer 134

1. Volatile combination- profit+ no competition + Ill 2. Credit risk analysis 3. Collection agencies 4. Higher interest rates 5. Dominant caste 6. Women loan controlled by men

Answer 135

1. financial dependence on line ministry 2. Govt interfere with tenures, election of non experts 3. Non effective scrutiny by parliament Ex: 15th LS out of 11000 discussions only 9 pertained to an independent regulator 4. Information gap: not mandated to submit regular report to parliamentary committees 5. Overlapping domains - sebi and IRDAI on unit linked insurance scheme

Answer 136

1. PMLA 2002 2. FEMA 1999 3. Fugitive economic offenders act 2018 4. Sponsoring agency under COFEPOSA—to deal with smuggling

Answer 137

1. Misuse of PMLA to investigate ordinary crimes - attachment of assets of genuine victims 2. ECIR Enforcement Case Information Report (ECIR) - not given to accused 3. Several petitions across the country wrt blanket powers - searching, seizing, investigating and attaching assets 4. Conviction rate low- Data given by govt in 2022- only 23 convicted in ~ 5400 cases filed by ed under pmla 5. Allegation of Political biases 6. Government interference in tenure extension ( though it was upheld in Jaya Thakur case)

Answer 138

1. GST 2. I5th FC 3. Cess and surcharge 4. CSS 5. National institute of public finance and policy study — neutralised by redn in grants 6. Mohit minerals case 7. states weak fiscal position — freebies, loan waiver 8. Abolition of planning commission - institutional vacuum

Answer 139

1. NK Singh 3 principle - equivalence, decentralisation, subsidiarity 2. Sarkaria commn- no. Of centrally sponsored schemes to be kept to min 3. Punchi commn- union - state consultations on concurrent list schemes via ISC 4. Expert suggests to keep a 10% upper limit on total Cess and surcharge 5. Periodic review and sunset clause for cess

Answer 140

1. Defined benefit vs defined contribution 2. Govt employees vs all 3. Last drawn salary vs market risk 4. Financial burden 5. Opportunity cost vs development focused 6. Privileged few vs opposition by pressure groups

Answer 141

1. Representation of minority Ex: pro business 2. Lack of transparency - ex: how are they funding govt 3. Elite capture 4. Demands leading to resource allocation problem . Ex: Confedration of central govt employees asking for restoration of OPS

Answer 142

Universal , unconditional , regular , cash transfer for individuals Recco by es 2017

Answer 143

1. Accidents of life 2. Forced labor, poverty 3. Women - study by WORKFREE NGO 4. Rapid boom of technology—> breathing space to re skill 5. Ease of administration- no targeting issue 6. No exclusion inclusion error

Answer 144

1. Abhijit Banerjee randomised control trials 2. Moral hazard-laziness 3. Expend on alcohol 4. Gender disparity- men may exercise control 5. Not market risk proof like in-kind transfer 6. What amount? 7. Inflation 8. States fiscal capacity

Answer 145

1. Amartya Sen 2. Phase out non merit subsidies and phase wise pilot study of UBI 3. Sunset clause

Answer 146

1. Transparency - no official procedure or written manual 2. No review regarding effectiveness of the process 3. Critics of the system argue - ‘ uncle judges phenomena ‘ - kith and kin - 230th law commission 4. No global equivalent 5. j. Chellameshwar ( dissenting opinion in NJAC judgement)— collegium decisions are opaque and inaccessible to public and history 6. After receiving report govt on avg 127 days while collegium takes 119 days to confirm the reco

Answer 147

1. Independence of judiciary, interference of executive 2. Govt main litigant J. Kehar ( feeling of gratitude towards govt impact independence of judiciary “) 3. System now improved - mix of seniority, merit and diversity ( gender and minority)being considered Ex: recommendation of Saurabh Kripal, which would make him first openly gay judge in India - the judgments of the judges are circulated among the members of the collegium, well in advance. – The Centre for Research & Planning of the court also prepares a compilation of relevant background material to assist the collegium. – There is also a Judgment Evaluation Committee which goes through the judicial work of the candidates with a fine-tooth comb. The judgments are graded with the very best receiving an “outstanding” grade.

Answer 148

1. Revamp NJAC - NCRWC Recco - 3 judges including CJI, LAW min, nominee of president 2. At present 2 stakeholders— include bar and civil society 3. Us model - prez nominated candidate have to prove his worth in Us congress hearings 4. Uk model - judicial appt commitee — open to all interested candidates to apply Bangalore principles of judicial conduct 2002 which focuses on core virtues of judicial life should form the core

Answer 149

Intro - Telangana govt, neet bill of Tamil Nadu, Kerala university amendment bill 1. 3 primary issues with art 200 1. Absence of time limit 2. Discretion to reserve for president against express advice of COM 3. Claim that governor can kill any bill by withholding assent 2. When SC considered the petition filed by Telangana government 1. As mentioned in art 200, governor should return bill that they do not agree to “ as soon as possible “ 2. The expression “ as soon as possible “ contains significant constitutional content and must be borne in mind by constitutional authorities 3. In a previous case - Purushottam nambudiri case - though timeline for governor to give assent, gov must honour the will of the legislature and act in harmony with com 4, NCRWC - timeline of 6 months Constn silences shouldn’t give way for

Answer 150

1. Online intermediaries and ISP- reasonable efforts to not host content related to CG that’s identified “fake” by “ fact checking unit “ 2. If not will loose their safe Harbor protection Concerns 1. Fails to define fake news 2. May lead to inc in arbitration powers of govt 3. Shreya Singhal case —- law that limits speech can neither be vague, nor overboard

Answer 151

1. Regulating mis info Ex. Attack on migrant workers in TN 2. Improved accountability of social media intermediaries 3. Rising users -IAMAI 900 million internet users by 2025 — larger user base ~ more vulnerabilities 4. Security- recently Washington post exposed khalistani elements using bots to conduct misinfo operations against GOI 5. Intl commitment- 2022 g20 Bali declaration— noted the need to counter disinfo campaigns to promote cyber security

Answer 152

Based on vishaka judgement guidelines and intl conventions like CEDAW 1. Acts - unwelcomed sexual advances, requesting sexual favours, making sexually coloured remarks, showing pornographers etc 2. Legal obligation on employer to PSHW 3. Formation of ICC if 10 or more employees 4. Local complaints commitee to handle those that don’t belong to above 4. ICC will have power of civil courts to gather evidence 5. Employers to take awareness prog 6. Penalties for non complaince with the act

Answer 153

1. There were serious lapses and uncertainties in the implementation of the PoSH Act Ex: no ICC in wrestling fedration of india 2. Even if there is ICC - lack of stipulated no of members or lack of external member 3. Lack of awareness as to who to approach 4. Lack of confidence in the process and the outcome 5. Fear - job loss, alienation by colleagues

Answer 154

1. Awareness campaigns in local language 2. Concerned organisations to publish info regard icc in their website 3. Awareness generation camps by Nalsa,slsa, statutory bodies for professionals etc 4. National and state judicial academy —- capacity building of members of ic As Supreme Court noted This social malady needs urgent amelioration through robust and efficient implementation of the Act.

Answer 155

1. 103- president to decide on disqualification. But sec 8 not clear 2. Sec 11 - ec has power to remove / reduce disq. Led to opposition accusing bias 3. Date of the beginning of disq- Ex: Rahul Gandhi- 14, Azam khan- day of his conviction 4. If stayed or reversed - effect retrospective or prospective 5. If s/r - procedure for induction

Answer 156

1. Differentiated between amending and rewriting 2. Implementation of constitutionalism 3. Extremely careful in using Ex: janhit abhiyan case - reservation on economic criteria do not violate basic structure 4. So far used this doctrine only in 6 cases to declare a law ultravires

Answer 157

1. Nc Saxena commitee - increase tribal representation in FRC 2. Skill training and employment opportunities for tribals Ex: Dediapada, Gujrat , forest authorities allowed tribals to collect bamboo flowers and arranged its sale with JK paper mills 3. Role of ngo- awareness generation 4. Periyar conservation model

Constitution Flashcards

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