Polity – Fill in the Blank – GK Questions

Proportionality vs Wednesbury: (a) Wednesbury: High deference; courts intervene only if decision so irrational no reasonable authority could make it, (b) Proportionality: More intensive review; courts examine: legitimate aim, rational connection, necessity, balancing of rights vs public interest. Indian Supreme Court increasingly applies proportionality (Puttaswamy, Anuradha Bhasin) for rights-affecting actions, while retaining Wednesbury for policy/economic decisions. Reflects calibrated judicial oversight: stricter scrutiny for rights, deference for policy.

CPGRAMS (launched 2007): Features: (a) Online grievance submission with unique registration number, (b) Time-bound redressal (typically 30 days), (c) Appeal mechanism if unsatisfied, (d) Analytics for systemic improvements, (e) Integration with state portals. Part of broader public grievance reforms to make administration responsive. Complements RTI, Citizen's Charter, social audit mechanisms. Challenges: Awareness, quality of responses, follow-up on systemic issues.

Legitimate expectation doctrine (recognized in India through cases like Food Corporation of India v. Kamdhenu Cattle Feed): Protects citizens when: (a) Public authority makes explicit promise or follows consistent practice, (b) Citizen reasonably relies on it to their detriment, (c) Authority seeks to resile without fair procedure/compelling public interest. Remedy: Fair hearing before withdrawal, or compensation. Balances administrative flexibility with protection of citizen trust in governance.

Second ARC (Chairman: Veerappa Moily): 15 reports on: (a) Ethics in governance, (b) Right to Information, (c) E-governance, (d) Citizen-centric administration, (e) Local governance, (f) Disaster management, etc. Key recommendations: (i) Code of ethics for public servants, (ii) Strengthening RTI implementation, (iii) Digital service delivery platforms, (iv) Performance monitoring systems. Many recommendations implemented (RTI Act amendments, CPGRAMS, Digital India); others pending. Illustrates ongoing governance reform process.

Polity-current affairs interface: (a) Judicial interpretation: Courts adapt constitutional principles to new challenges (privacy, digital rights, LGBTQ+ rights), (b) Legislative amendment: Parliament updates framework for contemporary needs (reservation, electoral reforms, data protection), (c) Executive action: Government implements policies within constitutional bounds (welfare schemes, digital governance, federal coordination), (d) Civil society engagement: NGOs, media, citizens use RTI, PIL, advocacy to hold institutions accountable, propose reforms, amplify marginalized voices. Together, these forces drive constitutional evolution: living document adapting to 21st century challenges while preserving core values. Illustrates participatory constitutionalism: democracy as ongoing dialogue, not static text.

Rights-based legislation convergence: (a) NFSA (food security) requires: Agriculture (production), Rural Development (PDS infrastructure), Health (nutrition monitoring), WCD (ICDS for children), Finance (funding), (b) RTE Act requires: Education (schools), Rural Development (infrastructure), Finance (funding), Social Justice (inclusion), (c) MGNREGA requires: Rural Development (implementation), Finance (wages), Environment (asset creation), Labour (worker protections). Siloed administration hampers convergence; need for: integrated planning, shared databases, joint monitoring, inter-ministerial committees. Illustrates complexity of rights realization: legal entitlements require coordinated institutional action across sectors.

DPI benefits and concerns: (a) Benefits: Efficient service delivery (DBT, e-governance), financial inclusion (UPI), reduced corruption (Aadhaar authentication), (b) Concerns: (i) Privacy risks from data aggregation (addressed partially by DPDP Act), (ii) Exclusion errors: Authentication failures deny services to elderly, disabled, rural populations, (iii) Surveillance potential: State/corporate access to personal data, (iv) Digital divide: Lack of access/skills excludes marginalized groups. Illustrates technology-governance interface: DPI enables rights realization but requires safeguards (privacy, inclusion, accountability) to prevent harm. Constitutional Morality requires balancing efficiency with equity and dignity.

New criminal laws implementation: (a) Enacted: December 2023, (b) Effective date: July 1, 2024, (c) Key changes: BNS adds new offences (mob lynching, terrorist acts), modifies definitions; BNSS introduces zero FIR, electronic evidence, time-bound investigation; BSA recognizes electronic records as primary evidence, (d) Implementation challenges: Training 20+ lakh police, prosecutors, judges; updating infrastructure (e-courts, digital evidence handling); transitional issues for pending cases. Illustrates complexity of legal system reform; success depends on capacity building, not just legislative change.

106th Amendment (Nari Shakti Vandan Adhiniyam, 2023) implementation: (a) Requires first census post-enactment (census due 2021 delayed to 2024-25), (b) Followed by delimitation exercise to redraw constituency boundaries based on updated population data, (c) Then reservation implemented: 33% seats reserved for women, with rotation after each delimitation, (d) 1/3 of SC/ST reserved seats also reserved for women. Timeline uncertain due to census/delimitation delays; illustrates interplay between constitutional amendment, demographic data, and electoral geography.

Lokpal appointment timeline: (a) Act enacted: 2013, (b) Selection committee formation delayed due to lack of Leader of Opposition in Lok Sabha (2014-2019), (c) First Lokpal appointed: March 2019 (Justice Pinaki Chandra Ghose as Chairperson), (d) Operational challenges: Infrastructure, staff recruitment, rule framing, jurisdiction clarity. Illustrates gap between legislative enactment and institutional operationalization; highlights importance of political consensus and administrative preparedness for accountability mechanisms.

GST Council functioning challenges: (a) Tax rates: States vs Centre disagreements on optimal rates for revenue vs growth, (b) Compensation: States demanded continuation of revenue guarantee post-2022; Centre cited fiscal constraints, (c) Classification: Whether items fall under 5%, 12%, 18%, 28% slabs affects revenue distribution, (d) Exemptions: Pressure to exempt essential items vs broaden tax base. Council decisions require 3/4 majority (Union 1/3 vote weight, States 2/3); consensus-building essential but challenging. Exemplifies cooperative federalism in practice with inherent tensions.

DPDP Act, 2023: Framework legislation requiring detailed rules for operationalization. Implementation process: (a) Government drafts rules on: consent mechanisms, data fiduciary obligations, grievance redressal, Board procedures, (b) Public consultation on draft rules, (c) Final notification of rules, (d) Data Protection Board becomes operational, (e) Compliance timeline for entities. Current status (2024): Rules under consultation; Board not yet constituted. Illustrates gap between legislative enactment and effective implementation in complex regulatory areas.

Constitutional amendments trajectory: (a) First Amendment (1951): Addressed land reforms, free speech restrictions, (b) Major amendments: 24th (amending power), 42nd (Mini-Constitution), 44th (post-Emergency corrections), 73rd/74th (local government), 86th (education right), 91st (anti-defection), 101st (GST), 103rd (EWS), 104th (SC/ST reservation extension), 105th (State OBC lists), 106th (women's reservation), (c) Over 105 amendments as of 2024. Demonstrates Constitution's adaptability; basic structure doctrine (Kesavananda) ensures core values protected despite frequent amendments.

Keisham Meghachandra Singh case (2020): SC held: (a) Speaker must decide Tenth Schedule disqualification petitions within reasonable time (suggested 3 months), (b) Unreasonable delay undermines anti-defection law's deterrent effect, (c) Courts can intervene if delay causes irreversible harm (e.g., defector appointed Minister), (d) However, no fixed statutory timeframe in Tenth Schedule; Parliament urged to amend. Highlights implementation gap in anti-defection law; pending reforms to address Speaker bias and delayed decisions.

Article 44 (Directive Principles): 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.' Aims to replace personal laws based on religion with common civil law on marriage, divorce, inheritance, adoption. Debate: (a) Supporters: Promotes gender justice, national integration, (b) Critics: Threatens religious freedom, cultural diversity. Supreme Court has repeatedly urged implementation (Shah Bano, Sarla Mudgal cases), but political consensus lacking. Recent discussions in Parliament; no legislation yet.

New criminal laws (effective July 1, 2024): (a) Bharatiya Nyaya Sanhita (BNS) replaces IPC: Adds new offences (mob lynching, terrorist acts), modifies definitions (sedition, murder), (b) Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces CrPC: Introduces zero FIR, electronic evidence, time-bound investigation, (c) Bharatiya Sakshya Adhiniyam (BSA) replaces Evidence Act: Recognizes electronic records as primary evidence, expands admissibility. Aims to decolonize criminal justice, incorporate technology, expedite trials. Implementation challenges: training, infrastructure, transitional issues.

Delimitation freeze: (a) 42nd Amendment (1976): Froze Lok Sabha/Assembly seats based on 1971 census till 2001 to encourage population control, (b) 84th Amendment (2001): Extended freeze till first census after 2026, (c) 87th Amendment (2003): Allowed delimitation based on 2001 census for Assembly constituencies only (not Lok Sabha). Rationale: Prevent penalization of States that controlled population growth; ensure political representation not distorted by demographic changes. Next delimitation expected post-2026 census.

Demonetization case (January 2023): SC upheld 2016 demonetization (₹500/₹1000 notes) by 4:1 majority. Majority held: (a) Procedure under Section 26(2) RBI Act followed (RBI Board recommendation, Central Government notification), (b) Policy decision within executive domain, (c) No violation of Article 14/19/300A. Dissent (Justice Nagarathna): Noted lack of adequate expert consultation, disproportionate impact on informal sector, procedural flaws. Illustrates judicial deference to executive economic policy while highlighting accountability concerns.

ADR Case (February 2024): 5-judge Constitution Bench unanimously struck down Electoral Bonds Scheme (2018) and amended provisions of R.P. Act, IT Act. Held: (a) Anonymous political funding violates voters' right to know (implicit in Article 19(1)(a) - freedom of speech and expression), (b) Disproportionate impact on transparency and free/fair elections, (c) Potential for quid pro quo corruption, (d) Less restrictive alternatives available. Directed ECI to disclose bond donor-recipient details. Landmark transparency judgment reinforcing electoral democracy.

104th Amendment (2019): (a) Extended SC/ST reservation in Lok Sabha (Article 330) and State Assemblies (Article 332) till 2030 (originally 10 years, extended repeatedly), (b) Omitted Article 331 (President's power to nominate 2 Anglo-Indian members to Lok Sabha) and Article 333 (Governor's power to nominate 1 Anglo-Indian member to State Assembly). Rationale: Anglo-Indian community's distinct identity has diminished; reservation based on social/educational backwardness principle. Controversial but constitutionally valid.