Medium Level – GK Questions

ADR v. Union of India (2002): SC directed ECI to require candidates to submit affidavits with Returning Officer at time of nomination, disclosing: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Affidavits made public on ECI website for voter information. Foundation for electoral transparency; enables media/civil society scrutiny of candidates.

VVPAT introduced following Supreme Court directions (2013): Attached to EVM, generates paper slip showing candidate symbol/name voted for; visible to voter for 7 seconds through transparent window, then drops into sealed box. Enables physical verification of electronic vote; used for random verification (statistical sample) to ensure EVM integrity. Balances technology efficiency with voter confidence.

Election Symbols Order, 1968: Recognized parties must: (a) Conduct organizational elections periodically, (b) Maintain membership records, (c) Submit audited accounts to ECI, (d) Follow internal democratic procedures. Non-compliance can lead to derecognition. Aims to promote inner-party democracy, though enforcement remains challenging due to lack of statutory backing.

Section 29B, R.P. Act: Political parties can accept donations; donations above ₹20,000 must be reported to ECI with donor details. Electoral Bonds Scheme (2018-2024) allowed anonymous donations via banks, but Supreme Court struck it down in 2024 (ADR case) citing transparency and right to information. Ongoing debate on political funding reforms.

Election Symbols Order, 1968 (as amended): National Party criteria include: (a) 6% votes in 4+ States + 4 Lok Sabha seats, OR (b) 2% Lok Sabha seats from 3+ States, OR (c) recognition as State Party in 4+ States. Recognition grants benefits: reserved symbol nationwide, broadcast time, campaign advantages. Criteria revised periodically by ECI.

PUCL v. Union of India (2013): SC directed ECI to provide NOTA option in EVMs/ballot papers to enable voters to reject all candidates if dissatisfied. NOTA votes don't affect election outcome (candidate with most votes wins regardless), but serves as expression of dissent. Debate continues on making NOTA consequential (e.g., fresh elections if NOTA gets majority).

MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.

Paragraph 6(1) of Tenth Schedule: Speaker of Lok Sabha/State Assembly or Chairman of Rajya Sabha/State Council decides disqualification petitions. Kihoto Hollohan case (1992) held decision subject to judicial review on constitutional grounds. Controversy exists over Speaker's impartiality when belonging to ruling party; reforms debated to transfer power to independent tribunal.

Article 82 (Parliament) and Article 170 (State Assemblies): Delimitation of constituencies based on latest census figures. However, 42nd Amendment (1976) froze delimitation based on 1971 census till 2001; 84th Amendment (2001) extended freeze till first census after 2026. Aims to encourage population control measures without penalizing States that control population growth.

Rights-based legislations often create monitoring architecture: (a) RTE Act: NCPCR/SCPCRs monitor implementation, inquire into violations, (b) NFSA: State Food Commissions monitor PDS, (c) MGNREGA: Social audits by Gram Sabhas, independent evaluations, (d) RTI Act: Information Commissions adjudicate appeals. These bodies provide: (a) Expert oversight, (b) Grievance redressal, (c) Policy recommendations. Effectiveness depends on independence, capacity, resources, and government responsiveness to recommendations.

Technology in rights-based delivery: (a) Aadhaar seeding: Reduces ghost beneficiaries in PDS (NFSA), MGNREGA, (b) Direct Benefit Transfer (DBT): Ensures wages/subsidies reach beneficiaries directly, (c) Mobile apps: RTI online filing, MGNREGA muster roll access, NFSA ration tracking, (d) GIS mapping: Monitor infrastructure under RTE, MGNREGA. Challenges: Digital divide, privacy concerns, exclusion errors due to authentication failures. Technology is enabler, not substitute for robust institutions and human oversight.

PC-PNDT Act, 1994 (amended 2003): Prohibits: (a) Use of prenatal diagnostic techniques for sex selection, (b) Sale/distribution/use of ultrasound machines without registration, (c) Communication of sex of foetus. Provides for: (a) Regulation of genetic counselling centres, laboratories, clinics, (b) Penalties: imprisonment, fine, license cancellation. Implementation challenges: clandestine practices, social son preference, need for community mobilization alongside enforcement. Critical for addressing gender-biased sex selection.

Consumer Protection Act, 2019: Three-tier redressal: (a) District Commission: up to ₹1 crore, (b) State Commission: ₹1-10 crore, (c) National Commission: above ₹10 crore. New features: (a) E-filing, video conferencing, (b) Product liability, (c) Unfair trade practices coverage, (d) Central Consumer Protection Authority for class actions. Strengthens consumer rights enforcement; reduces litigation time, cost. Awareness and accessibility remain key challenges.

Maternity Benefit (Amendment) Act, 2017: Key changes: (a) Paid maternity leave: 26 weeks (up from 12) for first two children, (b) 12 weeks for adoptive/commissioning mothers, (c) Crèche facility mandatory for establishments with 50+ employees, (d) Work from home option after maternity period. Aims to improve maternal/child health, women's workforce participation. Challenges: potential disincentive for employers to hire women, need for state support for small enterprises.

RPwD Act, 2016: Replaced PwD Act, 1995. Key provisions: (a) Expanded definition: 21 disabilities (from 7), (b) Reservation: 4% in government jobs (up from 3%), (c) 5% reservation in higher education, (d) Accessibility standards for public buildings/transport, (e) Guardianship provisions respecting autonomy. Aligns with UN Convention on Rights of Persons with Disabilities (ratified by India, 2007). Implementation challenges: awareness, infrastructure adaptation, attitudinal change.

Transgender Persons Act, 2019: Provides for: (a) Right to self-perceived gender identity, (b) Certificate of identity from District Magistrate (based on self-declaration), (c) Prohibition of discrimination in education, employment, healthcare, (d) Welfare measures: education, skill development, healthcare access. Criticisms: (a) Certificate requirement undermines self-declaration principle affirmed in NALSA judgment (2014), (b) Inadequate penalties for offences. Balances recognition with implementation concerns.

POCSO Act, 2012: Provides for: (a) Child-friendly reporting, recording, medical examination, trial procedures, (b) Special courts for expedited trial (to be concluded within 1 year), (c) In-camera proceedings, (d) Protection of child's identity, (e) Support person for child. 2019 amendment enhanced punishments, included child pornography. Implementation challenges: low conviction rates, trauma to child witnesses, need for specialized training of judges/prosecutors.

MGNREGA, 2005: Guarantees 100 days of unskilled manual wage employment per rural household per year at statutory minimum wages. Features: (a) Legal right to work, (b) Decentralized planning by Gram Sabhas, (c) 60:40 wage-material ratio, (d) Social audit mandatory, (e) Unemployment allowance if work not provided within 15 days. World's largest public works program; reduces distress migration, strengthens rural livelihoods, empowers women (1/3 participation mandate).

NFSA, 2013: Entitlements: (a) Priority households: 5 kg/person/month at ₹3/kg rice, ₹2/kg wheat, ₹1/kg coarse grains, (b) Antyodaya Anna Yojana (AAY) households: 35 kg/household/month at same prices, (c) Pregnant/lactating women, children 6 months-14 years: nutritious meals, maternity benefit. Covers up to 75% rural, 50% urban population. World's largest food security program; implemented through PDS with Aadhaar seeding, portability.

RTE Act, 2009: Applies to all India except J&K (which had separate Constitution under Article 370). Post-abrogation of Article 370 (2019), RTE Act extended to J&K. Act mandates: (a) Free education for 6-14 years, (b) 25% reservation in private unaided schools for EWS/disadvantaged groups, (c) No detention policy (modified by 2019 amendment), (d) Teacher qualification standards. Implementation varies across States; challenges include infrastructure gaps, teacher shortages, learning outcomes.