Enhance Your Polity Preparation for UPSC Prelims 2024

Preface

In the challenging and dynamic landscape of UPSC Civil Services Examination preparation, staying abreast of current affairs is indispensable. With this imperative in mind, we present “Yearly Compilation of thematic Current Affairs for Prelims.” This annual compilation of Current Affairs spanning the last 1-2 years encapsulates over 800 topics, intelligently categorized into Subjects and themes to aid aspirants in their quest for success in the UPSC Preliminary Examination.

€ Comprehensive Coverage: Encompassing the latest 1 to 2 years it offers a comprehensive overview of current affairs crucial for the Prelims Examination of 2024.

€ Thematic Arrangement: To facilitate structured learning, our compilation adopts a thematic arrangement. Topics are intelligently categorized into subjects and themes, allowing aspirants to navigate through the vast sea of information with ease.

€ Static and current interlining: This comprehensive compilation incorporates recent developments and nuanced concepts. The objective is to establish a cohesive interlinking between core concepts and current affairs, thereby yielding a more desirable outcome

€ Holistic Preparation through Practice: Beyond recent developments, this resource integrates Previous Year Questions (PYQs) and practice questions, offering a comprehensive understanding of subjects.

As aspirants gearing up for the Prelims 2024, may this compilation serve as a guiding light, illuminating the path to success.

All the Best!!



3. JUDICIARY

INDIAN CONSTITUTION

CONSTITUTION & AMENDMENTS

The Constitution of India (One document to bind diverse India)

€ The Republic of India is governed in terms of the Constitution of India adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950.

€ The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President.

€ The constitutional written by B. R. Ambedkar has been referred to as first and foremost a social document by American historian Granville Seward Austin.

The Constitution day:

€ Every year the 26th of November is celebrated as Constitution Day, to mark the adoption of the Indian Constitution by the Constituent Assembly.

 The Constituent Assembly of the country formally adopted the Constitution on this day in 1949, which came into force on the 26th of January 1950.

€ In 2015, the Government decided to celebrate this day to promote constitutional values among citizens.

Background (Drafting of the Constitution)

€ A Constituent Assembly constituted as part of the Cabinet Mission Plan in 1946 drafted the Indian Constitution.

€ The Constituent Assembly took two years, 11 months, and 17 days to draft the Constitution for Independent India.

€ During this period, it held 11 sessions covering 165 days, and its members submitted around 7,600 amendments to the draft Constitution.

€ On December 9, 1946, the Assembly convened for the first time, electing Dr. Sachhidanand Sinha, its oldest member, as its provisional president

€ The first Elected President of the Assembly: Dr. Rajendra Prasad

€ A Drafting Committee: A seven-member Drafting Committee prepared the Constitution based on the reports of these committees.

€ The Drafting Committee was led by: B.R. Ambedkar

Some essential parts of our constitution have been taken from the body of many countries, few important ones are:

€ the fundamental rights and independent judiciary from the USA

€ the parliamentary system from Britain

€ the post of President, the federal government system from Canada

€ the constitutional amendment system in South Africa

€ the fundamental duties from Soviet Union

€ Emergency provisions from Germany

€ Directive principles of policy from Ireland

€ the Republican system of governance from France

€ Concurrent list from Australia

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

€ 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

Bharatiya Nagarik Suraksha Sanhita, 2023

Bharatiya Sakshya Adhiniyam, 2023

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.

€ 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 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.

€ 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.

What is the status of Women’s Representation in India?

€ Gujarat – In its 182-member parliament, just 8% of the candidates were women.

€ Himachal Pradesh – Where women make up one in every two voters, 67 males have been elected and only one woman.

€ National average – The proportion of women in state legislatures nationwide is still at 8%.

€ Rankings – According to a survey by the InterParliamentary Union, India is ranked 144th out of 193 nations in terms of the representation of women in parliament.

What is Delimitation?

€ Delimitation is the process through which boundaries of parliamentary or Assembly constituencies are drawn.

€ As per the Constitution, the number of seats allocated to each state in the Lower House of Parliament is dependent on its population. Hence, the populous state of Uttar Pradesh sends more representatives to Lok Sabha than any other state.

€ However, the Constitution calls for the reallocation of seats after every Census. In fact, the last such exercise was carried out after the 1971 Census and according to the Constitution 84th Amendment) Act, 2002 there is a freeze on readjustment of constituencies till the first Census after 2026.

€ If the Centre wishes to redraw the constituencies sooner, Article 82 will have to be amended – a move that the southern states are against.

3

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.

€ Article-44 of constitution mandates UCC.

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.

Where does the Code fail?

€ The Code fails to address the discrimination faced by mothers under guardianship laws that treat only fathers as legal guardians of the child, thus vesting in them the power to take decisions in relation to the child, and mothers as custodians of the child, thereby reducing them to caretakers.

€ It leaves out most LGBT persons from its ambit. It is a missed opportunity to follow through on the Supreme Court’s decision in the marriage equality matter, wherein it had clarified that state legislatures are competent to ensure marriage equality for all.

First implementing State

In India, Goa is the only state to have implemented the directive principle of the UCC and converted it into a law called the Goa Civil Code or the Goa Family Law. The Goa Civil Code is in force since Portuguese times and is considered a Uniform Civil Code. It is the set of civil laws that governs all the Goans irrespective of the religion or the ethnicity to which they belong.

4 JAMMU AND KASHMIR LOCAL BODIES (AMENDMENT) BILL, 2024

CONTEXT: The Lok Sabha passed Jammu and Kashmir Local Bodies (Amendment) Bill, 2024 to provide reservation to other backward classes in local bodies in Jammu and Kashmir, with the government reiterating that the repeal of Article 370 in 2019 has brought important changes in the Union territory and the opposition demanding that statehood be restored and assembly elections held at the earliest.

Key-highlights of the Bill

Nationally, OBCs have been accorded 27% reservation; however, there is no reservation for OBCs in J&K and most OBC communities have been listed under SEBC.

€ Reservation for OBCs: The bill seeks to provide reservation to OBCs in panchayats and municipalities in Jammu and Kashmir and bring consistency in the local body laws of the Union territory with the provisions of the Constitution.

€ With the new amendment, the Centre proposes to replace the term ‘weak and under-privileged classes (social castes)’ with ‘other backward classes’ (OBC) in the Act.

€ Reservation for Valmiki: This bill targets yet another community – the Valmikis. The constitutional amendment seeks to add the Valmiki communityto J&K’s Scheduled Castes list, opening up the 8% reservation.

Constitution (Jammu and Kashmir)

Scheduled Tribes Order (Amendment) Bill, 2023

€ Lok Sabha also passed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023, granting scheduled tribe status to the Pahari people and other communities in Jammu and Kashmir Union Territory.

€ The Bill aims at empowering the following by providing Scheduled Tribe status.

€ Pahari Ethnic Group

€ Padari Tribes

€ Koli

€ Gadda Brahmin by providing Scheduled Tribe status.

Reservation Policy in J&K

€ Currently, reservation stands at

 8% for SC

 10% for STs

 4% for social castes

 4% for residents along line of actual control/ international border

 10% for residents in backward areas

 4% for Paharis

 10% for EWS

 6% horizontal reservation for ex-servicemen

 4% for physically challenged people

Important Castes and their inclusion in reservation list

€ While there are no Scheduled Castes listed in the Kashmir Valley, the following groups are listed as Scheduled Tribes — Balti, Bedah, Bot, Boto, Borkpa, Drokpa, Dard, Shin, Changpa, Garza, Mon, Pugapa, Gujjar, Bakerwal, Gaddi and Sippi

Currently these classes are eligible for reservation in J&K.

€ In 2020, the Union territory (UT) government further amended the reservation policy to accord 4% quota to the Pahari community

€ The government also included 15 new classes under social castes — Waghey (Chopan), Ghirath/ Bhati/ Chang, Jat, Saini, Markabans/PonyWalas, Sochi, Christian Biradari (converted from Hindu Valmiki), Sunar/Swarankar Teeli, Perna/Kouro, Bojru/Decount/ Dubdabay Brahmin Gorkans, Gorkhas, West Pakistani refugees and Acharyas — taking the total to 42 social castes, availing 4% reservation

5

PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) BILL, 2024

CONTEXT: The Centre introduced the Public Examinations (Prevention of Unfair Means) Bill, 2024 in Parliament to deal with cases of exam paper leak and tampering with answer sheets - whether for school exams, college entrance tests, or applications for government jobs.

Key-highlights of the Bill

€ The Bill aims to bring in greater transparency, fairness and credibility to the public examination systems, and to reassure the youths that their sincere and genuine efforts will be fairly rewarded and their futures are safe.

€ Under the Public Examinations (Prevention of Unfair Means) Bill, only those who leaked exam papers, or tampered with answer sheets, by colluding with government officials will face up to 10 years in jail and fine of Rs 1 crore.

 All offences under this bill shall be cognisable, non-bailable, and non-compoundable, meaning police will be empowered to act on its own (and arrest suspects without a warrant), the accused will not be entitled to bail, and the alleged offences cannot be settled via compromise.

€ Committee: A High level National Technical Committee on Public Examinations will be set up, which will look into developing protocols, foolproof IT security system, ensuring comprehensive electronic surveillance of the examinations centres and formulating national standards and service levels for both IT and physical infrastructure to conduct an examination.

Which Exams Are Covered By New Bill?

Among other authorities, including those that may be notified/added to this list in the future, exams conducted by the below agencies will be covered under the proposed anticheating bill.

€ Union Public Service Commission (i.e., for civil service entrance exams)

€ Staff Selection Commission (i.e., for posts in union ministries and subordinate offices)

€ Railway Recruitment Boards (i.e., for certain kinds of jobs in the Indian Railways)

€ Institute of Banking Personnel Selection (i.e., for all public sector banks, except State Bank of India)

€ National Testing Agency (i.e., for entrance exams for admission to higher educational institutions)

6 WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT BILL, 2024

CONTEXT: The Central government introduced the Water (Prevention and Control of Pollution) Amendment Bill, 2024 in Rajya Sabha.

Background

€ The Water Act (Water (Prevention and Control of Pollution) Act, 1974), in its current form, was passed in 1974.

€ There have been no major amendments recently in the Act, apart from minor revisions in Water Act rules and two minor modifications in sections 78 and 88.

€ This is striking since the country has seen rapid changes in urbanisation and industrialisation, and resultant pollution loads, over the past few decades.

€ In contrast, Environmental Impact Assessment (EIA) 2006 has had 67 amendmentsto date.

Key-highlights of the Bill

€ Applicability: It would be applicable to Himachal Pradesh and Rajasthan, and any other state that passes a resolution under the Water (Prevention and Control of Pollution) Act, 1974.

€ The Water (Prevention and Control of Pollution) Amendment Bill, 2024, among other things, seeks to provide-

 The Central Government will prescribe the manner of nomination of the chairman of the State Pollution Control Board

 The Central government may exempt certain categories of industrial plants from the application of Section 25 relating to restriction on new outlets and new discharges

 The Central government may issue guidelines on the matters relating to the grant, refusal or cancellation of consent by any State Board for establishment of any industry, operation or process or treatment and disposal system or bringing into use of new or altered outlets, etc.;

 Rationalisation of criminal provisions: The Bill proposes rationalising criminal provisions and ensuring that citizens, business and companies operate without fear of imprisonment for minor, technical or procedural defaults.

 It provides for decriminalising of minor offences and replacing it with monetary penalty in case of continuation of contravention;

 The amount of penalty imposed is to be credited to the Environmental Protection Fund established under section 16 of the Environment (Protection) Act, 1986.

7 PVTGS OF ODISHA, A.P.

CONTEXT: The Rajya Sabha passed two bills which seek to modify the list of Scheduled Castes and Scheduled Tribes in Andhra Pradesh and Odisha. The Upper House cleared the

€ Constitution (Scheduled Tribes) Order (Amendment) Bill, 2024, and

€ Constitution (Scheduled Castes and Scheduled Tribes) Order (Amendment) Bill, 2024

The three Ethnic Groups (Andhra Pradesh)

€ The Bill attempts to add three more ethnic groups of AP to the list of scheduled tribes in the state.

 Bonda Porja

 Khond Porja

 Parangiperja

New Entries in ST List (Odisha)

€ There will be two new entries in the list of 62 ST communities of the state increasing it to 64.

€ The new entries in the ST list are

 Muka Dora

 Nuka Dora

€ Besides, Konda Reddy, Konda Reddi will also be included.

€ Similarly, two communities listed as SCs - Tamadia and Tamudia - will be removed from the SC list and included in the ST list under Bhumij category.

€ PVTG: In addition to this, four PVTGs will be added to the ST list of Odisha. They are Pauri Bhuyan, Paudi Bhuyan as synonyms of Bhuiya, Bhuyan; Chuktia Bhunjia as synonym of Bhunjia; Bondo as sub-entry under ST’s Bondo Poraja, Bonda Paroja, Banda Paroja; and Mankidia as synonym of ST Mankirdia.

PVTGs

€ There are 75 Primitive Vulnerable Tribal Groups (PVTGs) from Andaman Island to the mainland.

€ The government has launched schemes such as PM-JANMAN to improve the socio economic conditions of the PVTGs.

8 CONSTITUTION (SCHEDULED TRIBES) ORDER (FIFTH AMENDMENT) BILL, 2022

CONTEXT: Rajya Sabha passed the Constitution (Scheduled Tribes) Order (Fifth Amendment) Bill, 2022 to amend the Constitution (Schedule Tribes) Order, 1950 for inclusion of certain communities in the list of Schedule Tribes of Chhattisgarh.

€ The castes namely Dhanuhar, Dhanuwar, Kisan, Saundra Saonra and Binjhia communities are added to the list.

€ The three Devanagari versions of the Pando community are also included.

Procedure to include communities in Central List:

€ National Commission for Backward Classes Act, 1993:

 As per the NCBC Act, 1993, the Commission is mandated to constitute a Bench to examine the proposals of inclusion and then forward their decision to the Union government (with dissent, where applicable).

 The Cabinet then needs to approve the additions and bring legislation to this effect.

 The President is empowered to notify the change.

Constitutional Provisions:

€ Articles 15(4) and 16(4) make special provisions for socially and educationally backward classes of citizens (SEBCs, popularly known as OBCs), the Scheduled Castes (SCs) and Scheduled Tribes (STs).

€ The Constitution (102nd Amendment) Act, 2018: It granted constitutional status to the National Commission for Backward Castes (NCBC).

€ It further inserted:

 Article 338B, which deals with the structure, duties, and powers of the NCBC.

 Role of NCBC: It was tasked with monitoring safeguards provided for socially and educationally backward classes, giving advice on their socioeconomic development, inquiring into complaints, and making recommendations, among other functions.

 Article 342A, which deals with the powers of the President to notify a particular caste as an SEBC and the power of Parliament to change the list

Supreme Court’s observations:

€ The Maratha Reservation case:

€ The SC had ruled that only the Centre had the power to draw up the OBC list, as per the above interpretation of the Constitution (102nd Amendment) Act (Article 342A only mentions the President & Parliament with no reference to states)

€ To reverse the verdict and to restore the powers of the state governments to maintain the state list of OBCs, Parliament passed the 127th Constitution Amendment Bill, 2021

€ Amendment in Articles 366(26C) and 338B (9), after which states will be able to directly notify OBC and SEBCs without having to refer to the NCBC and the “state list” was being taken out of the domain of the President and will be notified by the Assembly.

9

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.

What is the 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 (2023)

1. Consider the following organizations/bodies in India:

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 ANSWER: (a)

CONSTITUTIONALITY’

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.

€ 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 (2023)

2. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights?

(a) 1st Amendment

(b) 42nd Amendment

(c) 44th Amendment

(d) 86th Amendment

Correct Answer: (a)

10 POST OFFICE BILL 2023

CONTEXT: The Rajya Sabha recent passed Post Office Bill 2023.

Background

€ The Post Office Bill, 2023 seeks to repeal the 125-yearold Indian Post Office Act and consolidate and amend the law relating to post offices in the country.

€ The Bill maintains that the government will not have any “exclusive privilege” over conveying letters.

€ The Director General of Postal Services, who will head India Post will have the power to decide on matters pertaining to tariff and supply of the postal stamps.

€ Moreover, the Bill exempts India Post from any liability for lapses in the postal service.

€ However, the government may intercept an article sent via India Post on grounds of security and public order.

Department of Posts

€ The Department of Posts, trading as India Post, is a government-operated postal system in India, which is a subsidiary of the Ministry of Communications.

€ Generally called "the Post Office" in India, it also acts as an agent for Government of India in discharging other services for citizens such as Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) wage disbursement and old age pension payments.

€ With 1, 55,531 Post Offices, the DoP has the most widely distributed postal network in the world.

PYQ (2012)

3. A deadlock between the Lok Sabha and the Rajya Sabha calls for a joint sitting of the Parliament during the passage of (2012):

1. Ordinary Legislation

2. Money Bill

3. Constitution Amendment Bill

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Correct Answer: (a)

11 13TH AMENDMENT TO THE SRI LANKAN CONSTITUTION

CONTEXT: India has repeatedly called for the full implementation of the 13th Amendment.

What is the 13th Amendment to the Sri Lankan Constitution?

€ The 13th Amendment passed in 1987 mandates a measure of power devolution to the provincial councils established to govern the island’s nine provinces.

€ It is an outcome of the Indo-Lanka Accord of July 1987, signed by the then Prime Minister Rajiv Gandhi and President J.R. Jayawardene, in an attempt to resolve Sri Lanka’s ethnic conflict that had aggravated into a full-fledged civil war, between the armed forces and the Liberation Tigers of Tamil Eelam, which led the struggle for Tamils’ self-determination and sought a separate state.

Why is it contentious?

€ The 13th Amendment called for the creation of provinces and decentralisation of powers, especially of police and land.

€ While provinces have been created with their own administrations, the powers of the police and land continued to remain in the hands of Colombo.

€ This has created resentment among the Sri Lankan Tamil community.

12 SC UPHOLDS ABROGATION OF

ARTICLE 370

CONTEXT: Recently, a five-member Constitution bench of the Supreme Court, headed by Chief Justice D.Y. Chandrachud, unanimously upheld the abrogation of Articles 370 and 35A, noting that Article 370 was a temporary provision and that the erstwhile State of Jammu and Kashmir had no internal sovereignty.

What was all Article 370 about?

€ Article 370 of the Indian Constitution granted special autonomy to the region of Jammu and Kashmir.

€ The article allowed the state to have its constitution, and its residents enjoyed certain privileges, including exclusive rights over land and property.

€ Article 35A: Article 35A, inserted through a Presidential order in 1954, granted special rights and privileges to the residents of Jammu and Kashmir.

€ It allowed the state’s legislature to define permanent residents and provided them with exclusive rights over jobs and property.

OTHER IMPORTANT AMENDMENTS

Constitution (102nd Amendment) Act, 2018

€ This amendment, assented to by the President in August 2018, granted constitutional status to the National Commission for Backward Classes (NCBC), which was established in 1993 with the making recommendations pertaining to the difficulties encountered by socially and educationally backward classes.

€ Articles 338B and 342A were added to the Constitution, providing certain powers and underlining the duties of the NCBC, in addition to empowering the President to specify socially and educationally backward classes in a state/union territory, while making Parliamentary approval mandatory for addition or deletion of a community from the Backward List of communities.

EWS Reservation - Constitution (103rd Amendment) Act, 2019

€ The 103rd Constitutional Amendment granted a 10 percent reservation status to the Economically

THE PREAMBLE

Weaker Sections (EWS) of citizens of India, in addition to the existing reservation quota already provisioned for socially and educationally backward classes.

€ The amendment to Article 15 and 16 of the Constitution provides reservation for admission in Central Government run and private education institutions, along with Central Government jobs.

Constitution (104th Amendment) Act, 2020

€ Changes were made to Article 334 of the Indian Constitution, in order to extend the deadline on cessation (i.e., termination) of Lok Sabha seats reserved in Parliament, for Members from Scheduled Castes and Scheduled Tribes.

€ The reservation, which was scheduled to lapse on 26 January, 2020, was granted a 10-year extension under the 104th Constitutional Amendment.

€ However, extension was not granted to the provision of reserving two Lok Sabha seats (and State Legislative Assembly seats) for members of AngloIndian Community, thus abolishing the practice under the Prime Minister’s recommendation.

PREAMBLE

We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

13 PREAMBLE IN SCHOOLS

CONTEXT : The Karnataka State Government mandated that schools and colleges in the state include a reading of the Preamble of the Constitution of India in their daily routine.

About the Term

€ The Preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles and philosophy of the Indian Constitution.

The term ‘preamble’ finds its roots in the Latin word preambulus, which translates to ‘walking before’. In essence, this meaning encapsulates the purpose of the Preamble of our Constitution— a guiding force that leads us forward as a nation.

€ It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day of India.

€ Addition: The 42nd Amendment to the Constitution, passed in 1976, replaced the words “sovereign democratic republic” to “sovereign socialist secular democratic republic”. It also changed “unity of the nation” to “unity and integrity of the nation”.

€ Amendment: As per Article 368 of the Constitution of India, the Preamble of the Constitution of India can be amended.

Key Words in the Preamble

Sovereign: The term ‘Sovereign’ which is proclaimed by the Preamble means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which is subjected to certain limitations.

Socialist: The term ‘Socialist’ was added in the Preamble by 42nd Amendment, 1976 which means the achievement of socialist ends through democratic means. It is basically a ‘Democratic Socialism’ that holds faith in a mixed economy where both private and public sectors co-exist side by side.

Secular: The term ‘Secular’ was incorporated in the Preamble by 42nd Constitutional Amendment, 1976 which means that all the religions in India get equal respect, protection and support from the state.

Democratic: The term ‘Democratic’ implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.

Republic: The term ‘Republic’ indicates that the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state and he is elected indirectly by the people.

14

‘SOCIALIST’ AND ‘SECULAR’ IN PREAMBLE

CONTEXT: The Supreme Court recently listed a petition, seeking the removal of the words “socialist” and “secular” from the preamble of the Indian Constitution on the basis that whether the preamble have been amended while keeping the date intact.

Points made in the petition

€ The petition have argued that these words were never intended to be in the Constitution and that such insertion is “beyond the amending power of the Parliament under Article 368”.

€ The move was “per se illegal for violating the concept of freedom of speech and expression enumerated in Article 19(1)(a) of the Constitution and the right to freedom of religion guaranteed under Article 25 of the Constitution”.

About the terms

€ The two terms were inserted into the preamble as part of the 42nd Amendment of the Constitution in 1976 during the Emergency imposed by then Prime Minister Indira Gandhi.

€ Before the term “Socialist” was added to the Preamble, some of the Directive Principles of State Policy in the Constitution had socialist content.

€ Socialist: The term “socialist” here means that wealth should be shared equally by society and not be concentrated in the hands of a few rich people and that the government should be responsible for reducing socio-economic inequalities.

€ Secular: Secular means that the relationship between the government and religious groups are determined according to the Constitution and law.

 It separates the power of the state and religion. It means that all religions are equally respected and that there is no state religion.

 All the citizens of India are allowed to profess, practice, and propagate their religions.

Other changes made through 42nd Amendment

€ It also changed “unity of the nation” to “unity and integrity of the nation”.

4. Which one of the following objectives is not embodied in the Preamble to the Constitution of India?

(a) Liberty of thought (b) Economic liberty (c) Liberty of expression (d) Liberty of belief Correct Answer: (b)

PYQ (2017)

15

‘FRATERNITY’ AS ENSHRINED IN THE CONSTITUTION

CONTEXT: Fraternity is one of the constitutional values that have received the maximum neglect both in the world of ideas and in the political field of action.

€ Fraternity, often overlooked, is a vital aspect of liberal political philosophy alongside liberty and equality

What does Fraternity means?

€ Fraternity, in the context of constitutional provisions, refers to the idea of brotherhood and solidarity among citizens within a nation

€ It implies a sense of unity, social harmony, and mutual respect among individuals, transcending differences such as caste, creed, religion, or gender.

Constitutional Provisions in India:

€ As a part of Preamble: The term "fraternity" is explicitly mentioned in the Preamble of the Indian Constitution.

 The Preamble underscores the significance of fraternity in promoting social cohesion, individual dignity, and national unity.

 It emphasizes that along with justice, liberty, and equality, fraternity is a fundamental value that the Indian state is committed to ensuring.

€ Article 15: This article prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

€ Article 17: Article 17 abolishes “untouchability” and forbids its practice in any form. It aims to eliminate a deeply rooted form of social discrimination and promote fraternity among all citizens.

€ Directive Principles of State Policy: Several directive principles in Part IV of the Constitution, such as promoting educational and economic opportunities for marginalized groups, aim to reduce inequalities and promote fraternity.

€ Fundamental Duties: The Constitution includes Fundamental Duties (Article 51A) that encourage citizens to promote harmony, the spirit of common brotherhood, and renounce practices derogatory to the dignity of individuals and communities.

16

CONSTITUTIONALITY OF PREAMBLE

CONTEXT: There have been regular debates on whether the Preamble is a part of the Constitution or not.

Can it be contested in the courts?

€ The Supreme Court has clarified that it is an “integral part and scheme” of the document.

€ However, the Preamble is non-justiciable.

€ This means that a violation of any principle mentioned in the Preamble cannot be a reason to go to the courts in India.

€ However, judges can use it as an additional factor in their reasoning and judgements.

PYQ (2020)

5. The Preamble to the Constitution of India is :

(a) a part of the Constitution but has no legal effect

(b) not a part of the Constitution and has no legal effect either

(c) a part of the Constitution and has the same legal effect as any other part

(d) a part of the Constitution but has no legal effect independently of other parts

Correct Answer: (d)

DIRECTIVE PRINCIPLE OF STATE POLICY

Features of the Directive Principles

€ The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws.

€ The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

€ They are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law. But these are fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws.

€ They help the courts in examining and determining the constitutional validity of a law.

€ They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era.

€ They constitute a very comprehensive economic, social and political programme for a modern democratic State enshrined as the high ideals of justice, liberty, equality and fraternity in the Preamble to the Constitution.

DPSPs in Indian Constitution

€ Article 36- Explain state.

€ Article 37- Application of principles of this portion is covered.

€ Article 38- It gives the state the power to maintain degree in order to further people’s welfare.

€ Article 39- The state is required to adhere to a set of guiding principles.

€ Article 39A- Free legal assistance and equal justice.

€ Article 40- Organization of village.

€ Article 41- In few situations, the right to employment, education, and public aid.

€ Article 42- maternity leave and equitable and humane working conditions are provided.

€ Article 43- Minimum wage and other worker rights.

€ Article 43A- Employee involvement in industry management.

€ Article 43B- Promoting cooperative societies.

€ Article 44- For all citizens, a uniform civil code.

€ Article 45- Early childhood care and education are provided for children under the age of six.

€ Article 46- Advancement of economic and educational interests of SC, ST, and other underrepresented groups.

€ Article 47- The state has a responsibility to promote the standard of living, the level of nutrition, and public health.

€ Article 48- management of agriculture and animal husbandry.

€ Article 48A- Preserving forests and wildlife while protecting the environment.

€ Article 49- Monuments, locations, and other items of national significance is protected.

€ Article 50- The judiciary and executive branches must be kept apart.

€ Article 51- Promoting global security and peace.

Amendments to Directive Principles

€ 42ndConstitutional Amendment Act 1976 added:

 Article 39A-To promote equal justice and to provide free legal aid to the poor.

 Article 39(f)-To secure opportunity for healthy development of children.

 Article 43A- To take steps to secure the participation of workers in the management of industries

€ 44th Constitutional Amendment Act, 1978 added Article 38 (2), to minimize inequalities in income, statue, facilities and opportunities.

€ 86th Constitutional Amendment Act, 2002 changed the subject matter of Article 45, and made elementary education a Fundamental Right under Article 21A.

€ 97th Constitutional Amendment Act, 2011addedArticle 43B, to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

17 SC UPHOLDS CONSTITUTIONAL VALIDITY OF EWS QUOTA

CONTEXT: The Supreme Court of India recently ruled that 10 percent reservation for economically weaker sections (EWS) is constitutional and does not violate the basic structure of the Constitution of India. The reservation is mentioned in Article 46 of Part IV of the Constitution of India, which contains Directive Principles of State Policy (DPSPs).

What is DPSP?

Cases associated with Fundamental Rights and DPSP

€ Champakam Dorairajan Vs the State of Madras

€ Golaknath Vs the State of Punjab

€ Keshavananda Bharati Vs the State of Kerala

€ The Directive Principles of State Policy (DPSP) are some ideals set for the Indian society and it is emphasised from time to time that it is the duty of India and each of the states to apply these guidelines and principles while making laws.

€ The DPSP is a comprehensive social, economic, and political set of principles for a modern welfare state.

€ Nature: These principles, unlike Fundamental Rights, are non-binding and unenforceable in nature. It means, the violation of these principles cannot be contested in court.

 They impose a moral obligation on the state that the government ‘shall’ try to promote the welfare of people and social justice.

€ Concerned Articles: In the Indian Constitution, Articles 36 to 51 fall under the DPSP segment.

€ Source: The source of the concept of DPSP is the Spanish Constitution. From Spanish Constitution, it was taken into the Irish Constitution. And the Indian Constitution took it.

Classification of DPSP

€ DPSPs are generally divided into three categories:

 Socialistic principles: These set of principles can be found in Articles 38 to 47. Here, the DPSP talks about bringing socialistic values to society and provide several kinds of facilities to the people.

 Gandhian principles: These set of principles try to enact the vision of Mahatma Gandhi. They can be found in Articles from 40 to 48, except the 44th article

 Liberal-intellectual principles: From Articles 44 to 51, the principles fall under this category. One of the most discussed topics of the Uniform Civil Code falls under this category and is enshrined in Article 44.

PYQ (2020)

6. Which part of the Constitution of India declares the ideal of Welfare State? (2020)

(a) Directive Principles of State Policy

(b) Fundamental Rights

(c) Preamble

(d) Seventh Schedule

Correct Answer: (a)

PYQ (2012)

7. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India (2012):

1. Securing for citizens of India a uniform civil code.

2. Organizing village Panchayats

3. Promoting cottage industries in rural areas

4. Securing for all the workers reasonable leisure and cultural opportunities

Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?

(a) 1, 2 and 4 only

(b) 2 and 3 only

(c) 1, 3 and 4 only

(d) 1, 2, 3 and 4

Correct Answer: (b)

18 RESERVATION

CONTEXT: Bihar’s caste survey shows 84% OBCs, SCs, STs. calls for rethinking limits on caste-based reservation.

What is Reservation?

€ In India, reservation is a system which ensures that individuals born in the castes categorised as SCs and STs and Other Backwards Classes are given priority over General Category candidates in

 recruitment to government jobs

 admission in higher educational institutions

 selection of Legislative and parliament members

€ Objective: to address the historic oppression, inequality and discrimination faced by these communities.

The current scenario of reservation in India:

€ The current scenario of Reservation in India is:

 15% seats are reserved for Scheduled Castes (SC).

 7.5% of seats are reserved for Scheduled tribes (ST).

 27% seats are reserved for other backward classes (OBC).

€ Total constitutional reservation percentage is 49.5% and the rest 50.5% seats are open to all i.e. general, SC, ST and OBC.

€ 10% reservation under the Economically Weaker Section (EWS) category applies to those not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes, and the Socially and Educationally Backward Classes.

€ Today 50% of seats in government-aided educational institutions and public jobs are reserved for the SC, ST and, OBCs.

€ The central government of India reserves 27% of higher education, and individual states may legislate further reservations.