Polity – Medium Level – GK Questions

RTI Act implementation challenges: (a) Vacancies: Delays in appointing Information Commissioners at Centre/States lead to pendency of appeals (lakhs pending), (b) 2019 Amendment: Changed tenure/salary conditions to be prescribed by Central Government, raising concerns about executive influence on Commissions' independence, (c) Exemptions misuse: Public authorities sometimes overclaim exemptions under Section 8 to deny information, (d) Awareness gap: Marginalized groups less able to use RTI effectively. Illustrates gap between legislative framework and effective implementation; requires political will, adequate resources, and citizen empowerment for rights realization.

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.

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.

Digital Personal Data Protection Act, 2023: Key features: (a) Applies to processing of digital personal data within India, and outside India if for offering goods/services to Indian individuals, (b) Data fiduciaries must obtain consent, specify purpose, ensure data security, (c) Individuals have rights: access, correction, erasure, grievance redressal, (d) Data Protection Board of India for adjudication, (e) Exemptions for State functions (security, public order, research). Balances privacy rights with legitimate state/business needs; implementation rules pending.

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.

106th Amendment (Nari Shakti Vandan Adhiniyam, September 2023): Inserts Article 330A (Lok Sabha) and 332A (State Assemblies) for 33% reservation for women. Implementation: (a) After delimitation exercise based on first census post-enactment, (b) Reserved seats to be rotated after each delimitation, (c) 1/3 of SC/ST reserved seats also reserved for women. Not immediate; requires census and delimitation. Aims to enhance women's political participation; long-standing demand of women's movements.

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.

103rd Amendment (2019): Inserted Article 15(6) and 16(6) enabling 10% reservation for EWS among forward castes (not covered under Articles 15(4), 15(5), 16(4)). Criteria: Family income < ₹8 lakh/year, plus other economic/educational indicators. Supreme Court upheld amendment in Janhit Abhiyan case (2022) by 3:2 majority, holding: (a) EWS classification based on economic criteria is valid, (b) 50% ceiling (Indra Sawhney) not inflexible, (c) Exclusion of SC/ST/OBC from EWS quota permissible as they already have separate reservations.

MGNREGA and social audit: Section 17 mandates social audit of all projects by Gram Sabha. Process: (a) Public verification of records, expenditure, beneficiary selection, (b) Gram Sabha discussion and approval, (c) Action on findings. Empowers citizens (especially marginalized) to monitor implementation, detect corruption, ensure accountability. Constitutional Morality requires governance to be participatory, transparent, and responsive to citizens' needs, not just top-down administration.

S.P. Gupta v. Union of India (First Judges Case, 1981): SC relaxed locus standi rule, allowing any public-spirited person to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage. PIL transformed judicial role: (a) From dispute resolution to social justice delivery, (b) Enabled courts to address prison conditions, environmental degradation, bonded labour, etc. Constitutional Morality requires judiciary to be accessible to all, especially the marginalized.

Environmental jurisprudence and Constitutional Morality: (a) Subhash Kumar v. State of Bihar (1991): Right to pollution-free water/air part of Article 21, (b) MC Mehta cases: Absolute liability for hazardous industries, (c) Intergenerational equity: Present generation holds environment in trust for future generations (principle in Sustainable Development). Constitutional Morality requires State to balance development with environmental protection, ensuring justice across generations.

RTI Act and accountable governance: (a) Enables citizens to access government information (Section 3), (b) Mandates proactive disclosure by public authorities (Section 4), (c) Provides appeal mechanism through Information Commissions (Sections 15-16), (d) Penalizes non-compliance (Section 20). Transparency reduces corruption, enables informed public participation, strengthens democratic accountability. Constitutional Morality requires State to facilitate, not obstruct, citizens' right to know.

Article 309: Parliament/State Legislature may regulate recruitment and conditions of service of persons serving Union/States. Subject to this, President/Governor make rules. Civil services (IAS, IPS, etc.) serve under elected governments; expected to implement policies impartially regardless of political affiliation. All India Services Rules, Conduct Rules enforce neutrality. Balance: Professional advice to political masters while maintaining constitutional loyalty over partisan loyalty.

Separation of Powers (implicit in Indian Constitution; not rigid like USA): (a) Legislature makes laws, (b) Executive implements laws, (c) Judiciary interprets laws and checks constitutionality. Constitutional Morality requires: (a) Courts don't usurp policy-making (judicial restraint), (b) Executive respects judicial orders, (c) Legislature doesn't override judicial review. Balance enables checks and balances while ensuring functional coordination for governance.

Restatement of Values of Judicial Life (1999): Adopted by Supreme Court as ethical guidelines for judges (independence, integrity, impartiality, etc.). However, it is NOT legally enforceable; violations addressed through: (a) In-house procedure for minor misconduct, (b) Impeachment under Article 124(4) for proved misbehaviour (complex Parliamentary process). Debate continues on strengthening judicial accountability while preserving independence.