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Answer: Prosecuting corruption cases in courts
CVC functions under CVC Act, 2003: (a) Inquire into corruption offences by All India Services, Group A officers, etc., (b) Exercise superintendence over CBI's anti-corruption work, (c) Advise government on vigilance policy, (d) Review progress of investigations. However, prosecution is conducted by CBI/Enforcement Directorate through public prosecutors; CVC doesn't directly prosecute. Clarifies institutional roles in anti-corruption framework.
Answer: Three Judges Cases (1981, 1993, 1998)
Three Judges Cases: (a) First Judges Case (S.P. Gupta, 1981): Executive had primacy in appointments, (b) Second Judges Case (1993): Collegium system evolved; CJI's opinion has primacy, (c) Third Judges Case (1998): Collegium expanded to CJI + 4 senior-most SC judges. 99th Amendment (NJAC) struck down in 2015, reaffirming collegium. Ongoing debate on balancing judicial independence with accountability in appointments.
Answer: Second Administrative Reforms Commission
Citizen's Charter initiative launched in 1997 based on Second Administrative Reforms Commission (ARC) recommendations. Charter sets standards of service delivery, timeframes, grievance redressal mechanisms for public services. Not legally enforceable but promotes accountability. Department of Administrative Reforms and Public Grievances (DARPG) coordinates implementation. Part of broader good governance reforms to make administration citizen-centric.
Answer: Chief Justice of India
Protection of Human Rights Act, 1993 (amended 2019): NHRC Chairperson must be retired Chief Justice of India. Members include: (a) One serving/retired SC Judge, (b) One serving/retired HC Chief Justice, (c) Two persons with human rights expertise (at least one woman). Appointed by President on recommendation of committee: PM, Speaker, Home Minister, LoP in both Houses, Deputy Chairman of Rajya Sabha. Ensures judicial leadership in human rights protection.
Answer: All public authorities as defined in the Act
RTI Act, 2005: Applies to all 'public authorities' defined as: (a) Bodies constituted under Constitution/Parliament/State Legislature law, (b) Bodies owned/controlled/substantially financed by government, (c) NGOs substantially financed by government. Enables citizens to seek information from executive, legislature, judiciary, PSUs, local bodies. Foundation of transparency and accountability in governance.
Answer: Central Vigilance Commission Act, 2003
CVC was set up by executive resolution in 1964 based on Santhanam Committee recommendations. Given statutory status by Central Vigilance Commission Act, 2003. CVC is an apex body for vigilance administration, independent of executive control. Consists of Central Vigilance Commissioner (Chairperson) + up to 2 Vigilance Commissioners. Appointed by President on recommendation of committee: PM, Home Minister, Leader of Opposition in Lok Sabha.
Answer: Cases dynamically interpret Constitution to address new challenges while preserving basic structure
Landmark SC cases serve critical functions: (a) Interpret constitutional provisions in light of evolving societal needs (e.g., privacy, environment, LGBTQ+ rights), (b) Evolve doctrines like basic structure, PIL, absolute liability to strengthen constitutional governance, (c) Balance rights with state interests, federalism with national unity, judicial review with democratic accountability, (d) Preserve core constitutional values while enabling adaptive governance. Dynamic interpretation ensures Constitution remains living document for 21st century India.
Answer: Right to Information (implicit in Article 19)
ADR Case (2024): 5-judge bench unanimously struck down Electoral Bonds Scheme (2018): (a) Anonymous political funding violates voters' right to know (implicit in Article 19(1)(a)), (b) Disproportionate impact on transparency and free/fair elections, (c) Potential for quid pro quo corruption. Directed ECI to disclose bond donor-recipient details. Landmark transparency judgment reinforcing electoral democracy.
Answer: Collect backwardness, inadequacy of representation, administrative efficiency
M. Nagaraj (2006): SC upheld constitutional amendments (77th, 81st, 82nd, 85th) enabling reservation in promotions for SCs/STs but imposed three conditions: (a) Collect quantifiable data showing backwardness of class, (b) Prove inadequacy of representation in particular post, (c) Maintain overall administrative efficiency. Balances social justice with merit; State must justify reservation in promotions with empirical data.
Answer: Criminal antecedents, assets, liabilities, educational qualification
ADR Case (2002): SC directed ECI to require candidates to disclose: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Rationale: Voters' right to know (implicit in Article 19(1)(a)) essential for informed choice in democracy. Led to ECI forms requiring these disclosures; foundation for electoral transparency reforms.
Answer: Article 19(1)(a) (Freedom of Speech)
Pre-RTI Act cases: (a) Bennett Coleman v. Union of India (1972): Right to information implicit in Article 19(1)(a), (b) Indian Express v. Union of India (1985): Right to know essential for democracy, (c) Dinesh Trivedi v. Union of India (1997): Citizens' right to know about government functioning. RTI Act, 2005 statutory recognition; Supreme Court in 2024 (Electoral Bonds case) reaffirmed right to information as part of Article 19(1)(a).
Answer: Creamy layer
Indra Sawhney (Mandal Case, 1992): 9-judge bench upheld 27% reservation for OBCs but: (a) Excluded 'creamy layer' (advanced sections) within OBCs, (b) Capped total reservation at 50% (with exceptions), (c) Held reservation not applicable to promotions (later amended by 77th/85th Amendments). Landmark judgment balancing social justice with merit; foundation of OBC reservation jurisprudence.
Answer: Judicial independence
NJAC Judgment (2015): 4:1 majority struck down 99th Amendment and NJAC Act. Held: (a) Collegium system (judges appointing judges) is part of basic structure, (b) Executive participation in appointments threatens judicial independence, (c) Primacy of judiciary in appointments essential for separation of powers. Controversial judgment; debate on judicial appointments reform continues.
Answer: Federalism
SR Bommai (1994): 9-judge bench held: (a) Federalism is part of basic structure, (b) Presidential satisfaction under Article 356 subject to judicial review, (c) Floor test is primary method to test majority, (d) State Assembly dissolution not automatic; can be revived if proclamation invalidated. Curbed arbitrary use of Article 356; landmark judgment protecting State autonomy within federal framework.
Answer: Kesavananda Bharati v. State of Kerala (1973)
Kesavananda Bharati (1973): 13-judge bench held Parliament can amend any part of Constitution but cannot alter its 'basic structure'. Basic features include: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity. Landmark judgment balancing parliamentary sovereignty with constitutional supremacy; foundation of Indian constitutionalism.
Answer: Seal of the Union
Article 155 states: 'The Governor of a State shall be appointed by the President by warrant under his hand and seal.' The 'seal' refers to the Seal of the Union (not State), emphasizing that the Governor is a Union appointee representing the Centre in the State. This reflects the federal balance in India's quasi-federal structure.
Answer: Right to Education
The 86th Amendment Act, 2002: (1) Added Article 21A making education a Fundamental Right for children 6-14 years, (2) Added Directive Principle Article 45 for early childhood care, (3) Added Fundamental Duty Article 51A(k) for parents to provide education opportunities. This amendment operationalized the constitutional commitment to universal elementary education.
Answer: Two or more State Legislatures pass resolutions requesting such law
Article 252 enables 'cooperative federalism': if two or more State Legislatures pass resolutions requesting Parliament to legislate on a State List subject, Parliament can make a law applicable to those States (and others that adopt it later). Examples: Water (Prevention and Control of Pollution) Act, 1974; Urban Land (Ceiling and Regulation) Act, 1976.
Answer: Summon the House without ministerial advice
In Nabam Rebia v. Deputy Speaker, Arunachal Pradesh (2016), the Supreme Court held that the Governor cannot summon, prorogue, or dissolve the State Assembly at their discretion when the Council of Ministers enjoys majority support. Such powers must be exercised on ministerial advice, except in rare situations of constitutional breakdown. This curbed arbitrary use of gubernatorial powers.
Answer: Cooperative Societies
The 97th Amendment Act, 2011 added Part IXB to the Constitution for regulation of Cooperative Societies. It mandated democratic elections, fixed terms, and audit requirements for cooperatives. However, in 2021, the Supreme Court struck down parts related to State cooperatives (violating federalism), upholding only provisions for multi-State cooperatives.