POLITY AND CONSTITUTION

1 POLITY AND CONSTITUTION . Table of Contents 1. CENTRE STATE RELATIONS _____ 2 Electoral Bonds _____ 46. Centre-State relations during COVID-19 2 Intra party democracy _____ 48. Demand for Sixth Schedule Status _____ 3 Other areas of Electoral reforms _____ 49. Inner Line Permit _____ 5 Delimitation Commission _____ 49. Article 370 _____ 6 Women Participation in Politics _____ 51. Specific Provisions for Other States- India's Factors Affecting Voting Behaviour in Asymmetric Federalism _____ 8 Elections _____ 52. 2. ISSUES RELATED TO CONSTITUTIONAL 6. JUDICIARY _____ 54. Higher Judiciary _____ 54. PROVISIONS _____ 10. Contempt of Court _____ 54. Rights _____ 10 Judges in Rajya Sabha _____ 55. Internet as Basic Right _____ 10 Transfer of Judges _____ 57. Right to be Forgotten _____ 11 Regional Bench of Supreme Court _____ 57.

2 Right to Property _____ 12 Article 131 of Indian CONSTITUTION _____ 58. Sedition _____ 13. Judicial Reforms_____ 59. Sabarimala Temple Issue _____ 15. All India Judicial Services _____ 59. Religious Education and State Funding _ 16. Fast Track Special Courts _____ 61. Reservation _____ 17 Online Justice Delivery _____ 62. Reservation Policy _____ 17. Gram Nyayalayas _____ 63. Creamy Layer Criteria for SC/ST in Promotions _____ 18. New Rules for Tribunals _____ 65. Sub-categorization of Other backward 7. TRANSPARENCY AND ACCOUNTABILITY 67. Classes (OBCs) _____ 19 Right to Information (RTI) Act _____ 67. Issue of Local Reservation in Private Sector CJI Under RTI _____ 68. Jobs _____ 22 NGOs Regulation _____ 69. Job Reservations, Promotion Quotas not a Official Secrets Act_____ 71.

3 Fundamental Right _____ 23 Aadhar _____ 72. EWS Quota in States _____ 24 8. GOVERNANCE _____ 74. Kesavananda Bharati Case _____ 25 Regulation of Government Advertisements One Nation One Language _____ 26 _____ 74. 9th Schedule of Indian CONSTITUTION ___ 28 Reforms in Criminal Laws _____ 75. 3. FUNCTIONING OF PARLIAMENT/STATE Important Data - Crime in India 2019 Report LEGISLATUTE AND EXECUTIVE _____ 30 _____ 76. Legislature _____ 30 Prison Reform in India _____ 77. Parliamentary Committees _____ 30 Custodial Violence _____ 79. Parliamentary Privileges _____ 31 E-governance for Public Service Delivery Anti-Defection law _____ 32 _____ 80. Question Hour _____ 33 Role of Civil Society in Times of Crisis __ 82. Executive _____ 34 Aspirational Districts Programme _____ 84.

4 Doctrine of Neutrality _____ 34 National Recruitment Agency _____ 86. Powers of Governor _____ 35. Civil services Reforms _____ 86. Impeachment of US President _____ 36. Mission Karmayogi _____ 87. US Presidential Election _____ 37. Self- Help Groups _____ 88. 4. IMPORTANT ACTS AND LEGISLATIONS _ 38. Repeal of Obsolete Laws _____ 90. Citizenship Amendment Act _____ 38. National Population Register _____ 39. 9. LOCAL GOVERNANCE _____ 91. Nationwide NRC _____ 41 Panchayats and Pandemic _____ 91. 5. ELECTIONS IN INDIA_____ 44 Financially Empowering Urban Local Electoral Reforms _____ 44 Bodies _____ 93. Criminalization of Politics _____ 44. 1. DELHI | PUNE | HYDERABAD | AHMEDABAD | JAIPUR | LUCKNOW 8468022022, 9019066066. 1. CENTRE STATE RELATIONS. CENTRE-STATE RELATIONS DURING COVID-19.

5 Why in news? COVID-19 has brought to the fore the friction between Centre and States with respect to the current legal framework in managing a crisis. Centre state issues during COVID-19. One size fits all approach: During the course of pandemic, Centre issued a top-down, homogeneous set of guidelines to states under Disaster Management Act, 2005 (DM Act). For instance, when Kerala decided to open restaurants, buses and private vehicles in specific zones, the Central government considered these steps as dilution of its guidelines. Non-consultative decision making: Central Government neither drew up any plan, nor did it consult the State Governments before it imposed the lockdown. Thus, states had no time or manoeuvring room to work the logistics vis- -vis the migrant labourers.

6 Micromanaging: Inter-Ministerial Central Teams were sent to places where COVID-19 spread was considered serious, for assessments and suggesting additional mitigation measures. However, it was done without clarifying the criteria for the basis of selection of districts which was seen as violative of the spirit of federalism. Impacting States' financial autonomy: o While on the one hand the states' revenue stream has been drying up (on account of the ban of alcohol sale, fall in the real estate market, etc), on the other, Centres' steps further crippled the financial autonomy of the States, which were at the forefront of the war against the pandemic. o Central government enhanced the borrowing limit of state governments from 3 per cent to 5 per cent of their gross state domestic product.

7 However, only the first per cent of this increase is unconditional and remaining was linked to specific reforms such as debt sustainability, job creation, power sector reforms etc. o Centre has declared that corporations donating to PM-CARES can avail CSR exemptions, but those donating towards any Chief Minister's Relief Fund cannot. This disincentivised donations to any Chief Minister's Relief Fund and makes the States largely Other legal and institutional gaps observed in dealing with COVID-19. dependent upon the The definition of lethal' or infectious' or contagious diseases' has not Centre. been defined by any legislation. There is no elaboration on the rules Factors which caused such and procedures for declaring a particular disease as an epidemic.

8 Ambiguities There were no specific provisions on the sequestering and the sequencing required for dissemination of drugs/vaccines, and the Issues with Constitutional quarantine measures and other preventive steps that need to be taken. provisions: The management of a health crisis has become an issue of law and o The Seventh Schedule to order. Major notifications and guidelines relating to COVID-19 were the CONSTITUTION does not issued by the MHA and not the Ministry of Health and Family Welfare. have an explicit entry on The language used was one of law and order: lockdowns, curfews, . fines and surveillance.. disaster management. A consolidated, pro-active policy approach was absent. In fact, there Hence, Parliament had to has been ad hoc and reactive rulemaking, as seen in the way migrant resort to Concurrent List workers have been treated.

9 Entry 23 on Social security EDA contains no provisions on the isolation and the sequencing and social insurance; required for dissemination of drugs/vaccines, and the quarantine employment and measures and other preventive steps that need to be taken. Thus, IPC. unemployment to trigger provision were invoked for enforcing quarantine etc. provisions of the DM Act. o Public order and public health are subjects that lie with the States as per the CONSTITUTION . So, various states invoked the Epidemic Diseases Act, 1897 to pass orders and guidelines on social distancing measures etc. But there was lack of clarity in how the Centre and States have interpreted their roles under the CONSTITUTION . 2. 8468022022, 9019066066 DELHI | PUNE | HYDERABAD | AHMEDABAD | JAIPUR | LUCKNOW.

10 Issues with DM Act o While enforcing the provisions of the DM Act, the Centre declared the pandemic a notified disaster'. to remedy the situation. The DM Act states the Centre can take all such measures as it deems necessary , which leaves room for it to have almost sweeping powers. o DM Act is not specifically aimed at targeting epidemics, the Centre couldn't use this provision to enact the law. So, it used another entry social security and social insurance; employment and unemployment in the List to trigger provisions of the Act. Issues with Epidemic Diseases Act (EDA) 1897: o It empowers both the central and state governments to regulate the spread of epidemic diseases. However, the Act emphasises only the powers of the central and state governments during the epidemic, but it does not describe the government's duties in preventing and controlling the epidemic.