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The doctrine of estoppel (preventing party from going back on representation) applies fully against the State in administrative law, meaning government cannot resile from promises made to citizens.
- True
- False
Answer: False
Estoppel against State (Indian position): Doctrine applies with limitations: (a) State can resile from promise if: (i) Promise ultra vires statutory power, (ii) Resiling necessary for public interest, (iii) No fraud/mala fides in original promise, (b) Remedy: Fair hearing before withdrawal, or compensation for reliance loss (legitimate expectation doctrine). Balances citizen protection with State's need for policy flexibility in public interest. Illustrates nuanced administrative law: rights protection without paralyzing governance.
Outcome Budgeting, introduced in India in 2005, requires Ministries to link budget allocations to measurable outcomes and performance indicators, shifting focus from input-based to result-based accountability.
- True
- False
Answer: True
Outcome Budgeting (Ministry of Finance initiative): Key features: (a) Ministries specify measurable outcomes for each scheme/programme, (b) Performance indicators to track progress, (c) Mid-year reviews to assess implementation, (d) Public disclosure of outcomes for accountability. Aims to improve efficiency: funds allocated based on results, not just expenditure. Challenges: Data quality, attribution of outcomes, capacity for monitoring. Part of broader public financial management reforms.
The 'Wednesbury unreasonableness' standard in judicial review allows courts to strike down administrative decisions that are so irrational that no reasonable authority could have arrived at them.
- True
- False
Answer: True
Wednesbury principle (Associated Provincial Picture Houses v. Wednesbury Corporation, 1948; applied in India): Courts can intervene if administrative decision is: (a) So unreasonable that no reasonable authority could have made it, (b) Based on irrelevant considerations or ignoring relevant ones, (c) Mala fide or arbitrary. High threshold: Courts don't substitute their wisdom for administrators'; only check for extreme irrationality. Balances judicial oversight with respect for executive expertise.
Mission Karmayogi, launched in 2020, aims to transform civil service capacity building through a competency-based framework and digital learning platform (iGOT).
- True
- False
Answer: True
Mission Karmayogi (National Programme for Civil Services Capacity Building): Key features: (a) Shift from 'rules-based' to 'roles-based' HR management, (b) Competency framework: Define skills needed for each post, (c) iGOT platform: Digital learning modules for continuous training, (d) Performance management: Link training to career progression. Aims to create future-ready civil servants capable of handling complex governance challenges. Implementation ongoing across Ministries/States.
The principles of natural justice (audi alteram partem and nemo judex in causa sua) are implicitly required in all administrative decisions affecting rights, even if not explicitly stated in the governing statute.
- True
- False
Answer: True
Natural justice principles: (a) Audi alteram partem (hear the other side): Right to notice, hearing, representation before adverse decision, (b) Nemo judex in causa sua (no one judge in own cause): Rule against bias. Supreme Court has held these principles implicit in Article 14 (equality) and Article 21 (fair procedure); apply to administrative/quasi-judicial decisions unless expressly excluded by statute. Ensures fairness in governance.
Strengthening constitutional culture in India requires not just legal provisions but also civic education to help citizens understand their rights, duties, and the functioning of democratic institutions.
- True
- False
Answer: True
Constitutional culture and civic education: (a) Legal framework alone insufficient: Rights realization requires citizen awareness, institutional capacity, political will, (b) Civic education role: (i) Schools: NCERT curriculum includes Constitution, democracy, rights, (ii) ECI initiatives: SVEEP programme for voter awareness, (iii) Civil society: RTI camps, legal literacy programmes, (iv) Media: Public interest reporting on governance, (c) Challenges: Uneven access to quality education, digital divide, political polarization affecting civic discourse. Illustrates that constitutional democracy is not self-executing; requires continuous nurturing through education, participation, and institutional reinforcement.
Constitutional Morality serves as a check on majoritarian democracy by ensuring that laws supported by electoral majority must still comply with fundamental rights and constitutional values protecting minorities and individuals.
- True
- False
Answer: True
Constitutional Morality vs majoritarianism: (a) Democracy: Rule by majority through elected representatives, (b) Constitutional Morality: Limits majority power to protect minority rights, individual dignity, rule of law, (c) Examples: (i) SC striking down Section 377 despite public opposition (Navtej Singh Johar), (ii) Upholding reservation policies despite 'merit' arguments (Indra Sawhney), (iii) Protecting religious minorities' rights (SR Bommai), (d) Rationale: Prevents 'tyranny of majority'; ensures democracy is substantive (protecting all citizens) not merely procedural (majority rule). Foundation of Indian constitutional democracy: popular sovereignty constrained by constitutional values.
Recent Supreme Court judgments show a trend of judicial restraint in policy matters (e.g., declining to legalize same-sex marriage in Supriyo case) while actively protecting fundamental rights through expansive interpretation.
- True
- False
Answer: True
Recent judicial approach balance: (a) Restraint in policy: Supriyo (2023) - declined to legalize same-sex marriage, left to Parliament; Demonetization case (2023) - upheld executive economic policy, (b) Activism in rights: Puttaswamy (privacy), Navtej Singh Johar (LGBTQ+ rights), ADR (electoral bonds) - expansive interpretation of Fundamental Rights, (c) Rationale: Courts recognize limits of judicial expertise in complex policy design but assert role in protecting constitutional values against legislative/executive excess. Illustrates nuanced judicial philosophy: restraint in policy domain, activism in rights protection; balance essential for constitutional democracy.
Despite the RTI Act's success in promoting transparency, challenges include vacancies in Information Commissions, delays in appointments, and attempts to amend the Act to reduce its effectiveness.
- True
- False
Answer: True
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.
Following the Anuradha Bhasin judgment (2020), government orders suspending internet services must be published, subject to judicial review, and satisfy the proportionality test under Article 19.
- True
- False
Answer: True
Anuradha Bhasin v. Union of India (2020): SC held: (a) Freedom of speech (Article 19(1)(a)) and profession (Article 19(1)(g)) extend to internet medium, (b) Internet shutdown orders must be published for transparency and judicial review, (c) Restrictions must satisfy proportionality test: legitimate aim, rational connection, least restrictive alternative, balancing of interests, (d) Indefinite shutdowns impermissible; periodic review required. Applied to J&K case; guides future shutdown decisions. Establishes digital rights as part of fundamental rights framework; important for e-governance, digital economy, free speech in digital age.
Indian courts have begun hearing 'climate litigation' cases where citizens invoke Fundamental Rights (Articles 14, 19, 21) to challenge government policies alleged to inadequately address climate change.
- True
- False
Answer: True
Emerging climate litigation in India: (a) Cases filed invoking Article 21 (right to life includes healthy environment), Article 14 (arbitrary climate inaction), Article 19 (right to information on climate policies), (b) Examples: Challenges to coal mining approvals, vehicular emission norms, coastal regulation violations, (c) Courts' approach: Generally defer to executive policy domain but require compliance with environmental laws, public consultation, scientific basis. Illustrates evolving role of judiciary in addressing global challenges through constitutional interpretation; balance between judicial activism and separation of powers remains delicate.
Despite the Supreme Court striking down the NJAC in 2015, there is ongoing public debate about reforming the collegium system to enhance transparency while preserving judicial independence.
- True
- False
Answer: True
Post-NJAC debate (2015-present): (a) Criticisms of collegium: Lack of transparency, no formal criteria for selection, perceived insularity, delays causing vacancies, (b) Proposed reforms: (i) Secretariat to assist collegium with data, (ii) Published criteria for selection, (iii) Fixed timelines for decisions, (iv) Limited executive input without veto power, (c) Counter-arguments: Any executive role risks political interference, judicial independence paramount for constitutional review. Illustrates ongoing tension between accountability and independence in judicial appointments; no consensus yet on reform model.
Recent controversies regarding Governors in States like Kerala, Tamil Nadu, and Punjab involve allegations of acting on political considerations rather than constitutional norms, particularly in withholding assent to Bills and delaying Assembly sessions.
- True
- False
Answer: True
Recent Governor controversies (2022-2024): (a) Withholding assent to State Bills indefinitely without constitutional justification, (b) Delaying summoning of Assembly sessions, (c) Reserving Bills for President in politically sensitive matters. Supreme Court has reiterated in various cases: (a) Governor generally bound by Cabinet advice (Article 163), (b) Discretion limited to specific situations (hung assembly, President's Rule recommendation), (c) Withholding assent must be for constitutional reasons, not political disagreement. Highlights ongoing tension in Centre-State executive relations; Sarkaria Commission recommendations on Governor's role remain relevant.
In Anuradha Bhasin v. Union of India (2020), the Supreme Court held that freedom of speech and expression and the right to practice any profession over the internet are protected under Article 19(1)(a) and 19(1)(g), and restrictions must satisfy proportionality test.
- True
- False
Answer: True
Anuradha Bhasin v. Union of India (2020): SC held: (a) Freedom of speech and expression (Article 19(1)(a)) and right to practice profession (Article 19(1)(g)) extend to internet medium, (b) Government orders suspending internet must be published, subject to judicial review, (c) Restrictions must satisfy proportionality test: legitimate aim, rational connection, least restrictive alternative, balancing of interests. Applied to J&K internet shutdown case. Establishes digital rights as part of fundamental rights; important for e-governance, digital economy, free speech in digital age.
Recent controversies regarding Governors withholding assent to State Bills or delaying Assembly sessions have led the Supreme Court to reiterate that Governors must act on the aid and advice of the Council of Ministers, except in limited discretionary situations.
- True
- False
Answer: True
Recent Governor controversies (2022-2024): Several States reported Governors: (a) Withholding assent to Bills indefinitely, (b) Delaying summoning of Assembly, (c) Reserving Bills for President without clear justification. Supreme Court in various cases (e.g., Kerala Governor case, Tamil Nadu Governor case) reiterated: (a) Governor generally bound by Cabinet advice (Article 163), (b) Discretion limited to specific situations (appointing CM in hung assembly, recommending President's Rule), (c) Withholding assent must be for constitutional reasons, not political disagreement. Highlights tension in federal executive relations.
The Digital Personal Data Protection Act, 2023 establishes a Data Protection Board of India and imposes obligations on data fiduciaries to process personal data only for lawful purposes with consent.
- True
- False
Answer: True
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.
In May 2022, the Supreme Court put on hold the operation of Section 124A IPC (sedition) and directed the Central Government to review the provision, noting its potential misuse against free speech.
- True
- False
Answer: True
S.G. Vombatkere v. Union of India (May 2022): SC put on hold operation of Section 124A IPC (sedition) pending government review. Observations: (a) Provision widely used to curb dissent, criticize government, (b) Kedar Nath Singh (1962) limited sedition to incitement of violence/public disorder, but practice often broader, (c) Government agreed to re-examine provision. New criminal laws (Bharatiya Nyaya Sanhita, 2023) replaced IPC from July 2024; sedition provision modified but concerns remain. Illustrates tension between national security and free speech.
In January 2024, a Constitution Bench of the Supreme Court upheld the power of States to create sub-classifications within Scheduled Castes reservation to provide preferential treatment to more backward SC communities.
- True
- False
Answer: True
State of Punjab v. Davinder Singh (January 2024): 7-judge Constitution Bench (6:1) overruled E.V. Chinnaiah (2004) and held: (a) States have power to create sub-classifications within SC/ST reservations to ensure equitable distribution of benefits among more and less backward communities, (b) Such classification must be based on quantifiable data showing backwardness, (c) Does not violate Article 14 if rational and based on intelligible differentia. Enables States to address intra-group inequalities within reserved categories; significant for affirmative action policy.
After the Puttaswamy judgment (2017) recognizing right to privacy as a fundamental right, the Supreme Court has used this principle to strike down or modify laws affecting digital privacy, reproductive rights, and sexual orientation.
- True
- False
Answer: True
Puttaswamy v. Union of India (2017): 9-judge bench unanimously held right to privacy is intrinsic to life and liberty under Article 21; also part of freedoms under Article 19 and equality under Article 14. Post-Puttaswamy applications: (a) Aadhaar case (2018): Struck down mandatory linking of Aadhaar with bank accounts/mobile numbers, (b) Navtej Singh Johar (2018): Decriminalized consensual homosexuality, (c) Joseph Shine (2018): Struck down adultery law, (d) Puttaswamy (Aadhaar review, 2023): Reaffirmed privacy safeguards. Privacy now central to fundamental rights jurisprudence.
The Constitution (106th Amendment) Act, 2023 provides for 33% reservation for women in Lok Sabha and State Legislative Assemblies, to be implemented immediately after enactment.
- True
- False
Answer: False
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.