ACTS
1 CRIMINAL LAW REFORMS
CONTEXT: The Parliament passed three criminal reforms to abolish and replace a trio of criminal laws. The passage of these laws signals a shift in India’s justice system.
The new bills
Bharatiya Nyaya Sanhita (BNS), 2023, to replace the Indian Penal Code
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for Code of Criminal Procedure, 1973
Bharatiya Sakshya (BS) Bill, 2023, for the Indian Evidence Act, 1872.
Reform Objective
Bharatiya Nyaya Sanhita, 2023
Bharatiya Nagarik
Suraksha Sanhita, 2023
It is a comprehensive effort to redefine and refocus the penal code.
Sedition Definition Amendment: Now, IPC replaces sedition with offenses related to secession, separatism, or endangering India's unity, punishable up to seven years or life imprisonment
Terrorism Act Definition: As per the amendments made, Terrorism covers acts threatening India's unity, using deadly means, punishable by death or life imprisonment, and fines.
Organized Crime Offenses: Organized crime, will involve violence for financial gain, leads to death penalty or life imprisonment and fines.
For less recognized Organized Crime: Lesser organized crimes causing insecurity are punishable with up to seven years imprisonment and fines.
Caste/Race-Based Murder: Multiple offenders in caste or race-based murder will face 7-year to life imprisonment or death penalty and fines.
Death Penalty for Minor Gang Rape: Gang rape of minors below 18 results in the death penalty.
Sexual Intercourse by Deceit: Deceitful sexual intercourse attracts up to 10 years imprisonment and fines.
Offenses against Boys: Importing boys under 18 for illicit activities is an offense, paralleling existing laws for girls under 21.
It seeks to humanize our criminal justice system.
5 days of police custody, with part authorisation during the initial 40 or 60 days of the 60 or 90 days period of judicial custody.
Allows the use of handcuffs by police officers in certain cases.
Any police officer can request a medical examination of the accused in certain cases, including rape cases.
The Magistrate can order any person to provide finger impressions and voice samples.
1 PRELIMS SAMPOORNA: ART & CULTURE
01 CHAPTER
Bharatiya Sakshya Adhiniyam, 2023
It recognizes the growing role of technology in legal proceedings.
In a contemporary legal landscape where technology plays a pivotal role, this law recognizes electronic evidence as any information generated or transmitted by any device or system capable of being stored or retrieved.
Classification of electronic records as documents and includes information stored in semiconductor memory or any communication devices.
Introduction of electronic oral evidence. Comprehensive certificate for submitting electronic evidence.
Secondary evidence to include- oral and written admissions, and the testimony of a person who has examined the document and is skilled to examine the documents.
This broad definition encompasses a wide range of digital data, from emails and text messages to multimedia files, acknowledging the diverse forms of evidence relevant to modern cases, emphasizing factors such as authenticity and integrity.
This inclusion is crucial in maintaining the credibility of electronic information presented in court, ensuring that technological advancements do not compromise the reliability of legal proceedings.
Special provisions for the admissibility of DNA evidence and the acceptance of expert opinions as evidence further bolster the Act's commitment to a modern and effective legal framework.
2 CITIZENSHIP AMENDMENT ACT
CONTEXT: The Ministry of Home Affairs notified the implementation of the Citizenship Amendment Act (CAA), facilitating citizenship for undocumented nonMuslim migrants from Pakistan, Bangladesh, and Afghanistan, passed by Parliament in December 2019.
About CAA
The legislation grants citizenship to six minorities (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian) fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh.
The citizenship will be granted to those who entered India from these countries on or before December 31, 2014.
CAA is an amendment to the Citizenship Act of 1955. According to CAA, the migrants will be granted fast track Indian citizenship in six years.
The amendment also relaxed the residence requirement for naturalization of these migrants from eleven years to five. This deviates from the previous norm of a 12year residency requirement for naturalisation.
Constitutional Provision regarding Citizenship
The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2 (Articles 5 to 11).
Article 5: It provided for citizenship on commencement of the Constitution.
Article 6: It provided rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7: Provided Rights of citizenship of certain migrants to Pakistan.
Article 8: Provided Rights of citizenship of certain persons of Indian origin residing outside India.
Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will no longer be a citizen of India.
Article 11: It empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all matters relating to it.
3 WOMEN RESERVATION ACT, 2023
CONTEXT: Indian legislators passed the Women’s Reservation Bill, 2023 (Constitution (128th Amendment) Bill) to ensure that women occupy at least 33 per cent of the seats in state legislative assemblies and the Lok Sabha, the lower house of Parliament.
Background
The Women’s Reservation Bill’s tumultuous legislative history started 27 years ago, in September 1996, when it was tabled in Parliament by the H. D. Deve Gowdaled administration.
2 THEMATIC CURRENT AFFAIRS: YEARLY COMPILATION
Later on the Bill was again introduced as the Constitution (One Hundred and Eighth Amendment) Bill, 2008.
But it was never passed by both the houses of the Parliament till now.
Highlights of the Bill:
The Nari Shakti Vandan Adhiniyam, formally known as The Constitution (One Hundred and Twenty-eighth Amendment) Bill 2023, aims to reserve 33 per cent seats for women in Parliament and legislative Assemblies.
The Constitution (One Hundred and Twenty Eighth Amendment) Bill, 2023, seeks to introduce three new articles and one new clause in the Constitution.
New clause in 239AA: Seats shall be reserved for women in the Delhi Legislative Assembly, 1/3rd of the seats reserved for SCs shall be reserved for women, 1/3rd of total number of seats to be filled by direct elections shall be reserved for women through law determined by parliament
New Article - 330A: Reservation for women in Lok Sabha - 1/3rd of seats reserved for SCs and STs shall be reserved for women, 1/3rd of total seats to be filled by direct elections to the Lok Sabha shall be reserved for women
New Article - 332A: Reserved seats for women in every state Legislative Assembly, 1/3rd of seats reserved for SCs and STs shall be reserved for women, 1/3rd of total seats to be filled by direct elections to the LA shall be reserved for women
New article - 334A: Reservation shall come into effect after the delimitation is undertaken after the relevant figures for the first census have been published. Rotation of seats for women shall take effect after each subsequent exercise of delimitation.
4
CONSTITUTION (ONE HUNDRED AND FIFTH AMENDMENT) ACT, 2021
CONTEXT: The 105th Amendment Act of 2021 focuses on restoring the authority of state government to identify Other Backward Classes (OBCs) that are socially and economically backward.
About 105th Amendment Act
The 105th amendment Act was brought through the 127th constitutional Amendment Bill.
The Constitution (One Hundred and Fifth Amendment) Act, 2021, often known as the 105th Constitutional Amendment to the Indian Constitution,
restored the authority of State governments to recognise socially and educationally backward classes (SEBCs).
Communities for which the State in India may give “special provisions” or affirmative action are classified as SEBCs, which includes the categories generally referred to as Other Backward Classes (OBCs).
Amended Articles
The 102nd Amendment inserted Article 338 B and Article 342 A.
Article 338B gave constitutional status to NCBC
Article 342A gave the Central govt the power to maintain the OBC list to the Central Government
The 105th Amendment amended these articles and added Article 366 (26C), which defined Socially and Educationally Backward Classes (SEBC).
PYQ
1. Consider the following organizations/bodies in India: (UPSC 2023)
1. The National Commission for Backward Classes
2. The National Human Rights Commission
3. The National Law Commission
4. The National Consumer Disputes Redressal Commission
How many of the above constitutional bodies?
(a) Only one
(b) Only two
(c) Only three
(d) All four
Correct Option: (a)
5 INDIAN STAMP ACT, 1899
CONTEXT: The government has proposed repealing the Indian Stamp Act, 1899 and bringing in a new legislation for the stamp duty regime in the country.
Key-highlights of 1899 Act
The Indian Stamp Act 1899 lays down the legal provisions for tax levied in the form of stamps on instruments recording transactions.
3 PRELIMS SAMPOORNA: ART & CULTURE
Stamp duties are levied by the central government, but within the states are collected and appropriated by the concerned states in terms of provisions of Article 268 of the Constitution.
The stamp duties on documents specified in entry 91 of the union list of the Seventh Schedule. The seventh schedule deals with division of subjects among Union and States.
Stamp duty is levied on instrument recording transaction including bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts are levied by the Union.
What is a Stamp Duty?
It is a tax, similar to income tax, collected by the government. Stamp duty is payable under Section 3 of the Indian Stamp Act, 1899.
Stamp Duty must be paid in full and on time. If there is a delay in payment of stamp duty, it attracts penalty.
A stamp duty paid instrument / document is considered a proper and legal instrument / document and has evidentiary value and is admitted as evidence in courts. Document not properly stamped, is not admitted as evidence by the court.
6
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT 2023
CONTEXT: The Government of National Capital Territory of Delhi (Amendment) Act, 2023 received the assent of the President and came into effect from May 19, 2023.
What is the new Act all about?
Aim: To make a corruption-free administration in Delhi.
The Central government will be the rule-making authority.
The Act states that the inquiries and suspensions of the officials of the national capital will be under the Centre’s control.
LG’s decision to be final: The Lieutenant Governor will be empowered to exercise his sole discretion on various matters, which will include the:
National Capital Civil Services Authority’s recommendations
the prorogation, summoning, and dissolution of the Delhi Legislative Assembly
National Capital Civil Services Authority (Composition): It provides for the formation of a National Capital Civil Service Authority.
The Delhi Chief Minister- the ex-officio Chairperson
The Chief Secretary – an ex-officio member of this body
The Principal Home Secretary of the Delhi government - the ex-officio Member Secretary of the Authority.
" All matters before the Authority will be decided by voting of the members.
How is the Bill different from the Delhi Services Ordinance?
Section 45D of the Act deals with the power to appoint authorities, boards, commissions and statutory bodies.
While in the Ordinance, all such powers lay with the President, the Act has added a sub-clause (b) to the provision to allow the Authority (headed by the Chief Minister) to “recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor.”
Therefore, the power of the Delhi government in this arena has been limited to only making recommendations.
SC’s Verdict
In May this year, the Supreme Court of India took the decision in favour of the government of Delhi, giving it complete command over most services in the capital, leaving out public order, land, and police.
Can Parliament enact such laws?
The Indian Constitution empowered Parliament to enact laws for the NCT of Delhi
The Supreme Court had affirmed the same in paras 6, 95, 163(f) of its judgment that had restored the services to the Delhi government. (May 2023 Judgment)
The relevant paras in the Supreme Court verdict refer to the difference of opinion of the judges of a Division Bench in their split verdicts on the interpretation of Article 239AA, which deals with special provisions pertaining to Delhi.
The judges had differed on whether “services” were excluded in view of Article 239AA (3) (a) from the legislative and executive domain of the Government of National Capital Territory of Delhi (GNCTD).
The Supreme Court had observed that if Parliament enacts a law granting executive power over any subject which is within the domain of NCT Delhi, the executive power of the Lieutenant Governor shall be modified to that extent, as provided in that law.
4 THEMATIC CURRENT AFFAIRS: YEARLY COMPILATION
7 TELECOMMUNICATIONS ACT, 2023
CONTEXT: In December, 2023, the Telecommunications Act, 2023 was published in the official gazette, after the Bill was passed by both Houses of the Parliament and received the Presidential assent.
Key-highlights of the Act
The Bill seeks to replace the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933.
Authorisation will be required from the central government to: (i) establish and operate telecommunications networks, (ii) provide telecommunications services, or (iii) possess radio equipment.
Spectrum will be allocated through auction, except for specified entities and purposes for which it will be assigned administratively.
Telecommunication may be intercepted on specified grounds including security of the state, public order, or prevention of offences. Telecom services may be suspended on similar grounds.
The Bill provides a mechanism to exercise the right of way for laying telecom infrastructure in public as well as private property.
The central government may provide for measures to protect users such as requiring prior consent to receive specified messages, and creation of a do not disturb register.
The Act promises a tectonic shift in the legal framework relating to telecommunications in India, by demolishing the more than a century old Indian Telegraph Act, 1885 and other laws that have so far formed the basis of governing the telecom space in India.
INDIAN TELEGRAPH ACT,
8
CONTEXT: The State of Manipur ordered a state-wide internet shutdown (governed under Indian Telegraph Act, 1885) to tackle the escalating violence.
Who Governs Internet Shutdowns in India?
Internet shutdown orders are governed under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, under the Indian Telegraph Act, 1885.
The 2017 Rules provide for temporary shutdown of telecom services in a region on grounds of public
emergency and give senior bureaucrats from the Home Ministry at the central and state levels the power to order shutdowns.
The 1885 Act empowers the Central government to regulate various types of telecom services including internet services and grant licenses for them.
Using Section 144 of the Code of Criminal Procedure: It justifies the communications blockade and the continuance of it, has been a rising trend.
Section 144 gives a magistrate the powers to enforce a general shutdown of the area if he or she believes that there could be violence in the area
Related Court Judgements:
In Faheema Shirin versus the State of Kerala, 2019, the Kerala High Court declared “the right to Internet access as a fundamental right forming a part of the Right to Privacy and the Right to Education under Article 21 of the Constitution.”
In Anuradha Bhasin versus the Union of India, 2020, the Supreme Court ruled “that an undefined restriction of internet services would be illegal and that orders for internet shutdown must satisfy the tests of necessity and proportionality.”
PYQ
2. Which one of the following statements is correct? (2017)
(a) Rights are claims of the State against the citizens.
(b) Rights are privileges which are incorporated in the Constitution of a State.
(c) Rights are claims of the citizens against the State.
(d) Rights are privileges of a few citizens against the many.
Correct Option: (c)
9
SPECIAL MARRIAGE ACT (SMA), 1954
CONTEXT: Recently, Supreme Court said that there is no fundamental right to marry under the Constitution, but the core aspects of marriage are safeguarded by constitutional values. Section 4(c) of the Special Marriage Act, 1954, discriminates against same-sex couples. The provision only recognises marriage between a ‘male’ and a ‘female’.
5 PRELIMS SAMPOORNA: ART & CULTURE
1885
Special Marriage Act (SMA), 1954
The Act is an Indian law that provides a legal framework for the marriage of people belonging to different religions or castes.
It governs a civil marriage where the state sanctions the marriage rather than the religion.
The Indian system, where both civil and religious marriages are recognised, is similar to the laws in the UK’s Marriage Act of 1949.
The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
The heterosexual couples have a right to marry in accordance with their custom, personal law and religion - “that is the foundation of their right.”
Recognition of Marriage:
The Act provides for the registration of marriages, which gives legal recognition to the marriage and provides a number of legal benefits and protections to the couple, such as inheritance rights, succession rights, and social security benefits.
It forbids polygamy and declares a marriage null and void if either party had a spouse living at the time of the marriage or if either of them is incapable of giving a valid consent to the marriage due to unsoundness of mind.
Age Limit: The minimum age to get married under the SMA is 21 years for males and 18 years for females.
Differentiation from Personal Laws:
Personal laws, such as the Muslim Marriage Act of 1954 and the Hindu Marriage Act of 1955, compel either spouse to convert to the other’s religion before marriage.
The SMA, on the other hand, allows marriage between interfaith or inter-caste couples without requiring them to give up their religious identity or convert.
However, according to the SMA, once married, an individual is considered severed from the family in terms of rights such as the right to inherit.
10 PANCHAYAT EXTENSION TO SCHEDULED AREAS ACT (PESA)
CONTEXT: According to a new research, increasing the formal political representation of Scheduled Tribes (ST) enhances the average tree canopy and reduced the rate of deforestation.
Key findings of the Study:
The Panchayat Extension to Scheduled Areas Act (PESA) and other rules that recognise the Scheduled Areas where STs live plays a crucial role in protecting their rights and forest conservation
However, formally the Panchayati Raj Institutions (PRIs) in non-scheduled areas that mandated ST representation did not have any impact on conservation
The implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006, did not have a visible impact beyond the benefits of PESA
According to study, several interventions under PESA alone have shown significant results.
What is PESA Act, 1996?
The Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA Act is a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
It was enacted by Parliament in 1996 and came into force on 24th December 1996.
The PESA is considered to be the backbone of tribal legislation in India.
PESA recognises the traditional system of the decisionmaking process and stands for the peoples’ selfgovernance
11
CONSTITUTIONALITY’ OF THE FIRST AMENDMENT ACT, 1951
CONTEXT: Recently, the Supreme Court (SC) has agreed to view the plea challenging the ‘Constitutionality’ of the First Amendment Act, 1951 which had put the reasonable restrictions under clause(2) of Article 19 (a) of Freedom of Speech and Expression.
Reasons behind Amendment:
To remove certain practical difficulties created by the court’s decision in several cases such as Kameshwar Singh Case, Romesh Thapar Case, etc.
Issues involved in the cases included freedom of speech, acquisition of the Zamindari land, State monopoly of trade, etc.
The 1st Amendment Act, 1951:
Empowered the state to make special provisions for the advancement of socially and economically backward classes.
Provided for the saving of laws providing for the acquisition of estates, etc.
6 THEMATIC CURRENT AFFAIRS: YEARLY COMPILATION
Added Ninth Schedule to protect the land reforms and other laws included in it from judicial review. After Article 31, Articles 31A and 31B were inserted.
Added three more grounds for restrictions on freedom of speech and expression: public order, friendly relations with foreign states, and incitement to an offense. Also, it made the restrictions ‘reasonable’ and thus, justiciable in nature.
Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.
Amendments in response to issues against Freedom of Speech:
The Amendment included Clause (2) under Article 19, dealing with reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1) (a).
The citizen’s right to practice any profession or to carry on any occupation, trade, or business conferred by article 19(1)(g) is subject to reasonable restrictions which the laws of the State may impose “in the interests of the general public”.
PYQ
3. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights? (2023)
(a) 1st Amendment
(b) 42nd Amendment
(c) 44th Amendment
(d) 86th Amendment
Solution: (a)
PYQ
4. The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective? (2013)
(a) To provide self-governance
(b) To recognize traditional rights
(c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation
Correct Option: (c)
7 PRELIMS SAMPOORNA: ART & CULTURE
8 THEMATIC CURRENT AFFAIRS: YEARLY COMPILATION
BILLS
1
UTTARAKHAND’S UNIFORM CIVIL CODE BILL
CONTEXT: Uttarakhand become first state to clear Uniform Civil Code Bill.
What is the Uniform Civil Code?
A Uniform Civil Code is conceptualised as a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of religion.
The UCC aims to replace the existing diverse personal laws that vary based on religious affiliations.
Key-highlights of the Uniform Civil Code Uttarakhand 2024 Bill:
Panel: The Uttarakhand government had formed a panel - led by retired Supreme Court judge Ranjana Prakash Desai - to prepare a draft for the UCC in 2022.
The UCC Uttarakhand 2024 Bill includes recommendations such as a complete ban on polygamyand child marriage.
The age for marriage will be 18 for women and 21 for men across all communities.
It also includes equal property rights for sons and daughters, elimination of the distinction between legitimate and illegitimate children, equal property rights after death, and inclusion of adopted and biological children.
Marriage: As it sets out common provisions, the Bill effectively bans polygamy and halala - without naming them -- practiced among a section of Muslims. Marriages can be solemnised through separate rituals, like saptapadi, nikah and anand karaj, followed by different communities.
Live-in Relationships: Live-in partners in Uttarakhand will have to register themselves with district officials or face imprisonment under the state’s Uniform Civil Code bill, once it becomes a law.
Children born of such relationships will be considered legitimate and deserted women will be entitled to maintenance from their partners.
Like marriages, live-in relationships must be registered.
Live-in partners must not be under 18. But if any one of them is under 21, the registrar is bound to inform their parents or guardians.
Applicability: The Code applies to residents of the state, but only to those who identify within the binary genders of male and female who are in heterosexual relationships, thus leaving most LGBT persons outside its ambit.
Exemption: The hill state’s small tribal community is exempted from the proposed law, which also mandates registration of live-in relationships.
Tribals in Uttarakhand
Uttarakhand have 5 major tribes identified by the Government of India. These are Tharu, Jaunsari, Buksa, Bhotia, and Raji. As of 2011 India census, Uttarakhand has a tribal population of 2,91,903, with Tharu being the largest tribe, followed by Jaunsari and Buksa.
9 PRELIMS SAMPOORNA: ART & CULTURE 02 CHAPTER
the Full PDF for Free
Here
To Read
Click
