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 INDEX
IMPORTANT POLITY ARTICLES......................................................................................................... 3
1. State’s Power to Tax Minerals................................................................................................. 3
2. Sub Classification of SCs and STs.......................................................................................... 4
3. One Nation One Election......................................................................................................... 6
4. Fact Check Unit....................................................................................................................... 7
5. Prevention of Money Laundering Act (PMLA)......................................................................... 8
6. 23rd Law Commission...........................................................................................................10
7. Section 6A of Citizenship Act................................................................................................ 11
8. Ladakh Special Status...........................................................................................................12
9. New Statue of Lady Justice.................................................................................................. 14
10. Lie Detector Tests & Judicial Cases.................................................................................... 15
IMPORTANT JUDGEMENTS.............................................................................................................. 17
PREVIOUS YEAR QUESTIONS (2024 - 2021)................................................................................... 23

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 IMPORTANT POLITY ARTICLES

1. State’s Power to Tax Minerals

Mines and Minerals (Development and Regulation) Act 1957
● It governs the mining sector in India, by regulating mineral extraction, classifying
minerals into major and minor categories, and outlining procedures for granting
mining rights.
● The Act aims to ensure sustainable development and management of mineral
resources while balancing economic and environmental concerns.
● Amended in 2015: established District Mineral Foundation (DMF) for the welfare of
the people and National Mineral Exploration Trust (NMET) to give thrust to
exploration.
● Amended in 2023 to bring the following amendments:
○ Omitted 6 minerals from the list of 12 atomic minerals specified in 1st Schedule
Part-B of the Act- Lithium, Titanium, Beryllium, Niobium, Tantalum and
Zirconium.
○ Empowers the Central Government to exclusively auction mineral concessions
for critical minerals.

Background
● Under Section 9 of the Mines and Minerals (Development and Regulation) Act,
1957 (MMDRA), entities holding mining leases are required to pay royalties to the
owner of the land, which could be a state government.
○ Royalties refer to the fees paid to the owner of a product in exchange for the
right to use that product
● India Cement Ltd v State of Tamil Nadu 1989 case
○ The court ruled that while states can collect royalties, they cannot impose
taxes on mining activities, as the Central government has overriding authority
over the regulation of mines and mineral development under Entry 54 of the
Union List.
● State of West Bengal v Kesoram Industries Ltd 2004 case

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 ○ The five-judge Constitution Bench identified a typographical error in the India
Cement decision, clarifying that it should have stated "cess on royalty is a tax"
rather than "royalty is a tax." This led to the case being transferred for review to
a 9 judge bench.

Recent 9 Judge Bench Verdict

● The majority view
○ A royalty is not a tax because royalties are based on specific contracts or
agreements whereas taxes are collected for welfare purposes and for public
infrastructure.
○ States have the power to tax mineral development under Entry 50 of the State
List.
● The dissenting view
○ Royalty is in the nature of tax and states have no right to levy it, by referring to
the 1989 verdict in the India Cements vs Tamil Nadu case (which had held
royalty to be a tax under the MMDR Act).

Conclusion: The recent Supreme Court judgment provides clarity on the distinction between
royalties and taxes. It has also acknowledged that states retain the power to impose taxes
on mineral development, resolving the long-standing debate over the interpretation of royalty
in the context of mining laws. This ruling has significant implications for the governance and
regulation of mining activities in India.

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 2. Sub Classification of SCs and STs
Constitutional Provisions: Affirmative action (reservations) for SCs and STs in education,
employment, and political representation.

Significance of the Judgment

● Ordered Inequalities: SC communities experience varying levels of disadvantage,
with some groups more deprived of basic amenities than others.
● Unequal Representation: Certain SC sub-groups, like the Madiga community, are
underrepresented and believe that benefits are disproportionately claimed by other
groups, such as the Mala community.
● Legal Validation: The Supreme Court, led by Justice Arun Mishra, has upheld the
states' right to prioritize the most disadvantaged SC sub-groups while ensuring that
others still receive benefits.
● Equitable Distribution: The Union government is devising strategies to ensure that
over 1,200 Scheduled Castes receive benefits more equitably.
● Acknowledging Diversity: The court acknowledged the diversity within Scheduled
Castes, emphasizing the need for customized affirmative action.

Possible Roadblocks
● Legal Challenges: Only Parliament, not states, can modify SC/ST lists, as per the
Supreme Court ruling.
● Outdated Data: The absence of updated data since the 2011 census limits the
accuracy of sub-categorization efforts.
● Untouchability Consideration: SCs require special treatment due to the historical
impact of untouchability, which differs from other forms of social disadvantage.

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 Conclusion: The court's decision paves the way for more refined and effective affirmative
action by acknowledging the diversity within SCs and STs. It allows states to address the
specific challenges of different sub-groups and raises the possibility of adopting a 'creamy
layer' model, like that used for OBCs, to ensure that benefits are directed to those most in
need.

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 3. One Nation One Election
One Nation, One Election is the concept of conducting simultaneous elections for State
Assemblies and the Lok Sabha, rather than having separate and ongoing electoral processes.

Key recommendations from the Kovind Panel Report on One Nation, One Election
● Simultaneous Elections: Conduct Lok Sabha and State Assembly elections together to
improve governance and reduce electoral fatigue.
● Staggered Local Elections: Hold municipal and panchayat elections within 100 days
after the general elections.
● Constitutional Amendments: Implement necessary amendments to synchronize
elections and address tenure issues.
● Election Management: Enhance election management and administrative reforms for
smooth simultaneous elections.

Arguments in favor of One Nation, One Election

● Cost Reduction: Simultaneous elections will significantly lower financial burdens on
the state exchequer. For instance, the 2014 Lok Sabha elections cost ₹3,870 crore,
while the 2015 Bihar elections alone cost ₹300 crore. The estimated cost for
implementing 'One Nation, One Election' is around ₹4,500 crore.
● Resource Optimization: Political parties will save on campaign expenditures, allowing
smaller regional parties to manage their financial resources more effectively.
● Shorter Model Code of Conduct: Reduced frequency of the Model Code of Conduct
(MCC) will minimise development work disruptions and alleviate policy paralysis during
election periods.
● Enhanced Administrative Efficiency: Fewer elections mean less strain on state
machinery and administrative resources, allowing for a more efficient governance
system.
● Higher Voter Turnout: According to the Law Commission, simultaneous elections can
enhance voter turnout by making it easier for people to vote.

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 Arguments Against One Nation, One Election
● Reduced Accountability: Regular elections ensure government responsiveness, while
fixed terms may foster autocracy.
● Federalism Concerns: Simultaneous elections could overshadow state issues,
weakening regional parties' significance.
● Disadvantages for Regional Parties: National issues may dominate, hindering
regional parties focused on local concerns.
● Democratic Integrity: Changing the election system risks undermining regular voter
expression and the democratic principles established by the founders.

Way Forward
● Build All-Party Consensus: The government must secure agreement among all
political parties before introducing constitutional amendments.
● Consider Law Commission Recommendations: Await the 22nd Law Commission
Report on simultaneous elections before moving forward.
● Increase Public Awareness: Utilise media to inform the public about the implications
of simultaneous elections.

Conclusion: If Simultaneous elections are implemented, India would join Belgium, Sweden,
and South Africa as the 4th country to conduct simultaneous elections, setting a unique
precedent for democracy.

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 4. Fact Check Unit
The Bombay High Court struck down the amended provision of Information Technology
Rules, 2023, which empowered the Centre to set up a fact check unit (FCU).

Judgment
● Violative of Article 14 and 19 (1) (a) and 19 (1) (g) of the Constitution.
● The expressions “fake, false or misleading” are vague and overbroad, and the test of
proportionality is not satisfied.
● Restrict the fundamental right under Article 19 (1) (a) (Freedom of speech and
expression) by placing restrictions which were not as per reasonable restrictions
provided under Article 19 (2).
● Chilling effect for the intermediary due to the threat of losing safe harbour protection.
● The Centre's argument that FCU decisions can be challenged in a constitutional court
does not constitute an adequate safeguard.

About Fact Check Unit by PIB

● The Press Information Bureau (PIB) established a Fact Check Unit (FCU) in
November 2019 with the purpose of tackling the issue of fake news pertaining to the
Government of India and its establishments.
● The unit verifies claims about government policies, regulations, announcements and
measures.
● Mechanism:
○ Users send requests over WhatsApp, email or a web portal.
○ Relevant queries pertaining to Government of India are considered and taken
up.
○ The information in question is checked rigorously through multiple layers of
cross-checking.
○ It publishes a 'Fact Check' on its social media platforms when deemed
necessary.
● Fact checked content is segregated into 3 categories:
○ Fake- factually incorrect

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 ○ Misleading- information presented with the intention of deceiving or misleading.
○ True- factually correct

Conclusion: This decision reinforces the importance of preserving democratic principles,

including freedom of expression, while calling for a more transparent and accountable
approach to addressing fake news and misinformation in India.

5. Prevention of Money Laundering Act (PMLA)

The Supreme Court ruled that the Enforcement Directorate (ED) cannot violate an
accused's right to silence by coercing self-incriminatory statements in a separate money
laundering case while in judicial custody.

Overview of the Verdict

● The Supreme Court ruled that the ED cannot compel a judicially detained accused to
make self-incriminatory statements in a separate money laundering case, reinforcing
the right to silence and protection against self-incrimination under Article 20(3).
● Article 20(3) ensures that no person accused of an offence shall be compelled to be a
witness against themselves. It is a fundamental right that protects individuals from
being compelled to be witnesses in their own criminal prosecution. The judgment
emphasised that individuals in
● custody lacks the capacity to operate with a free mind, rendering any self-accusatory
statement inadmissible. The court mandated that the ED must seek judicial permission
before recording such statements, reinforcing protections against coercive
interrogation practices.

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 Prevention of Money Laundering Act 2002

What is Money- Section 3 of the PMLA defines money laundering as any attempt,
laundering assistance, or involvement in processes connected to the proceeds of
crime to project it as untainted property.

Offences Under Part A: Includes Money laundering acts under IPC, PoCA, NDPS,
PMLA WPA,IT act, Antiquities and Art Treasures Act, Trademark Act, and
Copyright Act.
Part B: Money laundering offences that are mentioned in Part A, but
are of a value of Rs 1 crore or more.
Part C: Money laundering offences under Trans-border crimes

Punishment Rigorous imprisonment for a term not less than three years
under PMLA extending to seven years and shall also be liable to fine. (S4)

Concerns with the PMLA Act 2002

● Inclusion of minor and less serious offenses: Including minor offenses in the PMLA
dilutes the law's original intent and focus.
● Equates punishment for ordinary crimes with serious crimes: PMLA equates
penalties for ordinary crimes and serious economic offenses, treating them similarly.
● Broad Definition of ‘Proceeds of Crime’: The broad definition of 'proceeds of crime'
gives authorities considerable discretion, raising concerns about misuse.
● Stringent Bail Conditions: Accused individuals face denied bail unless proven
innocent, contradicting principles of Anglo-Saxon jurisprudence.
● Burden of Proof of innocence on the accused: Placing the burden of proof on the
accused challenges the fairness of the trial process.
● Against the Federal principles and Basic structure Doctrine: The ED can investigate
without state consent, undermining federalism and the Constitution's Basic Structure.

Way Forward
● Define ‘Proceeds of Crime’ precisely to prevent potential abuse by authorities.
● Reassessment of Burden of Proof

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 ● Establish independent oversight mechanisms to monitor law enforcement actions.
● Eliminate stringent bail conditions for minor and non-serious offences.
● Implement regular reporting measures to ensure the ED’s transparency and
accountability.

6. 23rd Law Commission

The Union Government notified the constitution of 23rd Law Commission with effect from 1st
September 2024 to 31st August 2027. The chairpersons and members of the commission
are yet to be decided by the Cabinet Committee on Appointments chaired by the PM.

About Law Commission

● A non-statutory, non-constitutional and advisory body of the Union Government.
● Created by the President’s assent when the resolution for the same is passed by the
Union government.
● Established for a fixed tenure.
● Composition- headed by a Chairperson, who is usually a retired Supreme Court
judge + other legal experts, academicians, and senior advocates.

History of Law Commission

● The First Law commission in pre-independent India was formed in 1834 by the
Charter Act of 1833 and was headed by Lord Macaulay. It recommended the
codification of the Indian Penal Code and Criminal Procedure Code.
● The First Law Commission of Independent India was established in 1955, headed by
M.C. Setalvad.
● 22nd Law Commission was chaired by Justice Ritu Raj Awasthi.

Terms of Reference of 23rd Law Commission

● Review/Repeal/Amendment of obsolete laws.
● Examine laws affecting the poor and conduct post-enactment audits of
socio-economic legislation.

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 ● Ensure economic disposal of cases by elimination of delays, simplification of
process and speedy clearance of arrears.
● Examine existing laws and suggest reforms to ensure the effective implementation of
DPSPs and to attain the objectives set out in the Preamble.
● Examine the impact of globalization on food security, and unemployment and
recommend measures for the protection of the marginalized.

Conclusion: The Law Commission has taken up various subjects on references made by the
Department of Legal Affairs, Supreme Court and High Courts and submitted 277 reports. In
recent years, the Commission has worked on sensitive issues such as hate speech, uniform
civil code, and data protection laws. Its reports have been a source of significant debate
and have helped in shaping new legislation.

7. Section 6A of Citizenship Act

Background
● Section 6A of the Citizenship Act, 1955 grants citizenship to immigrants who entered
Assam between January 1, 1966, and March 24, 1971, as part of the Assam Accord.
● It also provides that foreigners who entered Assam before January 1, 1966, and have
been 'ordinarily resident' there will have the same rights and obligations as Indian
citizens.

Issues Raised
● The cut-off date establishes a different citizenship standard for immigrants in Assam
compared to the rest of India (July 1948), violating the right to equality under Article
14 of the Constitution.
● The provision also violates the rights of Assam's indigenous people under Article 29
by altering the state's demographics.

Supreme Court’s Judgment

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 ● The Constitution Bench of the Supreme Court upheld the constitutionality of Section
6A of the Citizenship Act, 1955, with a majority verdict of 4:1.
● The Court stated that the presence of diverse ethnic groups in a state does not violate
Article 29(1) of the Constitution, which protects minority interests.
● Section 6A addresses the humanitarian needs of migrants of Indian origin while
balancing migration’s economic and cultural impact on Indian states.

ASSAM ACCORD
● The Assam Accord was an agreement among the Central Government, Assam's
State Government, and Assam Movement leaders.
● It aimed to stop illegal migration from Bangladesh into Assam and its neighboring
regions.
● Section 6A was added to the Citizenship Act of 1955, specifically addressing
Assam's migration issues.
● This provision mandates detecting and deporting foreigners who entered Assam
after March 25, 1971, post-Bangladesh’s creation.

8. Ladakh Special Status

Asymmetrical Federalism
● India's federal structure is often referred to as asymmetrical federalism, which means
that not all states or regions in the country enjoy the same level of autonomy.
● Unlike symmetrical federations (such as the U.S. and Australia, where all states have
equal powers), India grants more autonomy to certain areas due to historical, cultural, or
ethnic reasons.

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 Ladakh’s Demand for 6th Schedule
● Protection of Tribal Identity: Given Ladakh’s predominantly tribal population (over
90%), this status is sought to preserve the unique cultural and ethnic identity of its
indigenous communities, such as the Buddhists and Muslims.
● Autonomous Governance: The 6th Schedule would grant Ladakh more autonomy
enabling local decision-making on matters such as land, resources, and cultural affairs,
which are crucial for Ladakh’s tribal population.
● Preservation of Land and Resources: Granting 6th Schedule status would protect
Ladakh’s land and resources from external exploitation by giving local bodies control
and preventing non-locals from acquiring land easily.
● Protection of Cultural Heritage: The 6th Schedule status would help preserve
Ladakh's rich cultural heritage, languages, and traditional practices.
● Concerns over Economic and Political Marginalization: Seeking 6th Schedule
status is seen as a way to mitigate fears of economic and political marginalization
within the Union Territory structure.
● Prevent Demographic Changes: The status would help in controlling demographic
changes, as it could restrict the migration of people from outside Ladakh into the
region.
● Local Development Priorities: Ladakh people would be able to set their own
development priorities, focusing on areas like education, healthcare, and infrastructure
that align with the region's needs and traditional way of life.

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 Conclusion: The demand for Ladakh’s inclusion under the Sixth Schedule reflects a broader
need to protect indigenous rights and grant genuine autonomy to tribal regions. Timely
reforms and clearer guidelines are essential to uphold the constitutional promise of
safeguarding tribal culture and ensuring sustainable development.

9. New Statue of Lady Justice

About the Lady Justice Statue

● Traces back to Greek mythology with Themis and Roman mythology with Justitia,
traditionally depicted with a blindfold, scales, and a sword.
● Introduced during colonial rule and depicted in the Calcutta High Court (1872) and the
Bombay High Court.
● It is often depicted alongside Prudentia, another allegorical figure representing wisdom
and prudence.

Differences in Old Statue and New Statue

Old Statue New Statue

Blindfold: signifies that justice should be Removed blindfold: depicts that Law is not
administered without bias. blind and sees everyone equally.

Scales (in right hand): Represent balance. Scales (in right hand): Represent balance.

Sword (in left hand): symbolizes the power Constitution (in left hand): signifies
and authority of law supremacy of the Constitution

Western attire: relates to western tradition. Saree: relates to Indian tradition

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 Conclusion: This change emphasizes that the law should consider India’s social diversity and
the upliftment of underprivileged sections. The move reflects India’s effort to shed colonial
symbols and build a justice system more relevant to its own cultural and constitutional values.

10. Lie Detector Tests & Judicial Cases

Polygraph Test (Lie detector test)

● A polygraph test (lie detector test) is a scientific method used to assess if someone is
being truthful or deceptive.
● The test measures physiological responses such as heart rate, blood pressure,
respiratory rate, and skin conductivity.
● Sensors are attached to the individual while they answer a series of questions.
● The examiner monitors changes in physiological responses to detect any significant
deviations.
● These deviations may indicate dishonesty or inconsistencies in the person's answers.
The data analysis helps in identifying possible signs of lying.

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 Judicial Cases
In India, the use of Lie Detector Tests (Polygraph Tests) in judicial cases is a controversial
topic, primarily related to questions of reliability, voluntariness, and constitutional rights.
● In Selvi v. State of Karnataka (2010), the Supreme Court of India ruled that
compulsory polygraph tests, narco-analysis, and brain mapping are unconstitutional as
they violate the right against self-incrimination (Article 20(3)) and personal liberty
(Article 21), and can only be conducted with the individual's consent and necessary
safeguards.
● In Nandini Satpathy v. P.L. Dani (1978), the Supreme Court reaffirmed that compelling
a person to undergo any self-incriminating test or procedure violates the right to
silence under Article 20(3), setting a precedent for later rulings on forced tests.
● In Ramchandra Reddy v. State of Maharashtra (2004), the Bombay High Court
allowed the use of narco-analysis for investigative purposes, but not as conclusive
evidence, a decision later refined by the Selvi judgment, which made consent
mandatory.
● In Ritesh Sinha v. State of Uttar Pradesh (2019), the Supreme Court ruled that voice
samples could be collected for investigations. Still, it reaffirmed that all investigative
techniques, including polygraph tests, must be voluntary and no compulsion is
permissible.

Limitations of Polygraph Tests in India

● Inadmissibility in Court: Polygraph test results are generally not accepted as
conclusive evidence in Indian courts, as they lack scientific reliability.
● Voluntary Consent Required: As per the Selvi v. State of Karnataka (2010) ruling,
polygraph tests can only be conducted with the individual's consent and safeguards
in place, such as legal representation.
● Potential for Inaccurate Results: The test may produce false positives or negatives,
as physiological responses can be affected by stress, anxiety, or other emotional
factors unrelated to deception.

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 ● Violation of Constitutional Rights: Forced administration of polygraph tests can
violate the right against self-incrimination (Article 20(3)) and personal liberty
(Article 21).

Conclusion: While polygraph tests may be used in India under strict conditions, they are
heavily restricted due to constitutional safeguards ensuring individual rights and freedoms.

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 IMPORTANT JUDGEMENTS

1. Article 39(b) and Private Property Judgement

● Key Ruling: The Court clarified that not all private property can be considered a
"material resource of the community" for redistribution under Article 39(b), which
focuses on the state's control over material resources for the common good.
● Role of the Court: The ruling emphasized that the Court’s role is not to lay down
economic policy but to uphold the intent of the framers in establishing an economic
democracy.
● Evolution of Economic Policy: The verdict highlights India's shift from state control
over resources to a market-based economy since the 1990s. This transition also
included the liberalization and opening of the private sector.
● Article 31C and Safe Harbour: The Court reaffirmed the interpretation of Article 31C,
which shields laws aimed at giving effect to Article 39(b) from being challenged on the
grounds of violating fundamental rights.
● Impact of Kesavananda Bharati Ruling: The Court clarified that the principles of the
Kesavananda Bharati case (1973) still hold. This ruling established that laws
implementing socialist policies must be subject to judicial review, even when the aim is
to promote the distribution of resources for the common good.
● Material Resources and Economic Ideology: The ruling corrected previous
interpretations, which included all private resources under Article 39(b). The Court
stated that such a broad interpretation endorses a particular economic ideology, which
is not the intent of the Constitution.
● Post-Facto Correction: The Court moved away from Justice VR Krishna Iyer’s broad
interpretation, which had been adopted in earlier rulings. Instead, it asserted that the
distribution of all private resources cannot be mandated by the state under Article
39(b).

This ruling represents a significant shift in how India views the relationship between private
property and state control in the context of economic policy.

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 2. Landmark SC Ruling on Climate Change and Fundamental Rights

The Supreme Court expanded the interpretation of the Right to Life (Article 21) and the
Right to Equality (Article 14) to include protection against the effects of climate change.

Key Points of the Ruling:

● Right to Life and Health: Environmental degradation, including climate change,

adversely affects human life, health, and wildlife, infringing upon fundamental rights.
● State Responsibility: The state must protect citizens from climate-related threats,
ensuring access to clean air, water, and food.
● Biodiversity vs. Development: The Court emphasized balancing biodiversity
protection with development, advocating for a sustainable approach.
● Disproportionate Impact on Marginalized Communities: Climate change
disproportionately impacts vulnerable communities, reinforcing the need for inclusive
environmental policies.

Takeaways from the Ruling:

● Environmental Issues as Fundamental Rights: The ruling places environmental

concerns at the forefront, leading to potential legislative reforms focused on climate
action.
● Public Engagement: It boosts public awareness, empowering citizens to demand
better environmental governance.
● Legal Precedent: Sets a precedent for climate litigation, enabling citizens to challenge
climate-related grievances in courts.
● Alignment with Global Obligations: Reinforces India's commitment to the Paris
Agreement and international climate goals.

Challenges in Enforcement:

● Energy Transition Complexities: Shifts to renewable energy face challenges,

including the problematic classification of hydropower and nuclear energy as
‘renewable.’

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 ● Conflicting Approvals: Issues with Environmental Impact Assessments (EIAs) for
mega solar and wind projects, and the approval of coal mining projects that undermine
environmental goals.
● Equity in Climate Action: While the ruling recognizes the disproportionate impact on
marginalized communities, inclusive policy interventions are necessary to ensure
equitable climate action.

This ruling marks a significant step toward addressing climate change and its impacts on
fundamental rights in India.

3. Right to Privacy (Justice K.S. Puttaswamy v. Union of India)

The Puttaswamy case recognized privacy as a fundamental right under Articles 14, 19, and 21
of the Indian Constitution.

Key Highlights of the Right to Privacy (Puttaswamy Judgment)

● Definition of Privacy: Privacy is the "right to be let alone" and an intrinsic part of
Article 21 (Right to Life and Personal Liberty). It encompasses freedoms guaranteed by
Part III of the Constitution.
● Three Conditions for Restricting Privacy
○ Legislative Mandate: Restrictions must be backed by law.
○ Legitimate Purpose: The state must demonstrate a valid public purpose.
○ Proportionality:
■ Actions should be necessary in a democratic society.
■ The least intrusive method should be employed to achieve the objective.

Government Initiative: Recognizing the importance of privacy, the Personal Data Protection
Bill, 2019 was introduced to regulate the use of personal data and ensure privacy rights.

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 4. Decriminalization of Section 377

Decriminalization of Homosexuality: The SC struck down portions of Section 377 of IPC,

decriminalizing consensual same-sex relationships among adults.

Key Observations by the Supreme Court

● Equality under Article 14: All citizens, including LGBTQ individuals, are entitled to
equality before the law.
● Constitutional Morality: Highlighted the supremacy of constitutional morality over
public or religious morality.
● Modern Understanding: Recognized that homosexuality is not a mental disorder, as
supported by scientific and psychiatric studies.
● Biological Basis: Stated that homosexuality is natural and not against the order of
nature, evident in humans and animals alike.
● International Principles: Endorsed the Yogyakarta Principles, advocating for the
protection of rights related to sexual orientation and gender identity.

Section 377 Post-Judgement

● Provisions remain applicable for:
○ Non-consensual intercourse (rape).
○ Sexual acts with minors.
○ Bestiality.

Historical Context: Section 377 was introduced during British rule in 1860, penalizing "carnal
intercourse against the order of nature," which included consensual same-sex acts.

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 5. Reservation for Economically Weaker Sections (2022)

About EWS Quota

● It is established via the 103rd Constitutional Amendment Act, 2019, amending
Articles 15 and 16.
● Provides 10% reservation for economically weaker sections in education and jobs.
● Significance:
○ Addresses Inequality: Promotes access to higher education and employment for
economically disadvantaged groups.
○ Recognizes Economic Backwardness: Benefits the poor from non-reserved
categories.
○ Reduces Caste-Based Stigma: Shifts reservation discourse from caste to
economic criteria.
● Concerns:
○ Lack of accurate data to justify EWS underrepresentation.
○ Uniform ₹8 lakh income criteria fail to account for regional economic disparities.

This policy has triggered a broader debate on balancing economic upliftment with
constitutional principles.

Attorney-General’s Arguments Supporting EWS Quota

● No Impact on Existing Quotas: Operates separately from the 50% reservation cap for
SCs, STs, and OBCs.
● Affirmative Action for SC/STs: SC/STs already benefit under Articles 16(4)(a)
(promotions), 243D (panchayats/municipalities), and 330 & 332 (Lok Sabha/State
Assemblies).
● Social Equity for Weaker Sections: Aims to uplift 350 million economically weaker
individuals in the general category.
● Constitutional Alignment: Complies with the basic structure doctrine and follows
precedents like the Right to Education Act (2009) upheld under Article 21.

Opponents’ Views Against EWS Quota

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 ● Contrary to Constitutional Principles: Economic criteria alone cannot justify
reservation as per the Indra Sawhney (1992) judgment.
● Breaches 50% Ceiling: Violates the cap set by the Indra Sawhney case, considered
part of the Constitution's basic structure.
● Lack of Data: No evidence shows economically weaker upper castes are
underrepresented in education or jobs.
● Arbitrary Criteria: Uniform ₹8 lakh income limit doesn’t account for regional disparities
(e.g., Goa ₹4L vs. Bihar ₹40K per capita income).

6. Sabarimala Temple Case (2018)

Majority Judgment
● Rule 3(b) Declared Ultra Vires: Violates the Kerala Hindu Places of Public Worship
(Authorisation of Entry) Act, 1965, and Constitutional principles of equality.
● Hegemonic Patriarchy: SC condemned the ban on menstruating women as
"hegemonic patriarchy," where discriminatory practices are normalized even by women
themselves.
● Gender Discrimination: Excluding women based on menstruation is unconstitutional
and violates rights to equality and dignity under Articles 14 and 21.
● Untouchability: The idea that menstruating women are "polluted and impure" equates
to untouchability, which is outlawed under Article 17.
● No Supremacy of Customs Over Constitution: Overturned the 1951 Narasu Appa
Mali judgment, stating customs cannot override constitutional principles of dignity,
liberty, and equality.

Dissenting Opinion (Justice Indu Malhotra)

● Essential Religious Practices: Courts should not determine the essentiality of
religious practices; it is a matter of personal faith.
● Article 25 and Religious Freedom: Emphasized the freedom to practice diverse
customs and beliefs under Article 25, advocating for the autonomy of religious sects.
● Harmony Between Fundamental Rights and Religion: Argued that constitutional
rights must be balanced with the freedom of religion, protecting sect-specific practices.

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 This judgment underscored the tension between religious customs and constitutional values
of equality and individual dignity.

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 PREVIOUS YEAR QUESTIONS (2024 - 2021)

2024
1. Which of the following statements are correct about the Constitution of India?

1. Powers of the Municipalities are given in Part IX A of the Constitution.

2. Emergency provisions are given in Part XVIII of the Constitution.
3. Provisions related to the amendment of the Constitution are given in Part XX of the
Constitution.

Select the answer using the code given below:

A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3

Correct Answer: D
Explanation:

Let's analyze each statement:

1. Powers of the Municipalities are given in Part IX A of the Constitution. - This

statement is correct. Part IXA of the Indian Constitution (added by the 74th Amendment
Act, 1992) deals with Municipalities and provides for their powers and functions.

2. Emergency provisions are given in Part XVIII of the Constitution. - This statement is
correct. Part XVIII of the Indian Constitution (Articles 352 to 360) deals with 'Emergency
Provisions' outlining situations like national emergency, state emergency, and financial
emergency.

3. Provisions related to the amendment of the Constitution are given in Part XX of the
Constitution - This statement is correct. Part XX of the Indian Constitution contains only

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 Article 368, which deals with the power of the Parliament to amend the Constitution and
the procedure for it.

Therefore, all three statements are correct.

2. Under which of the following Articles of the Constitution of India, has the Supreme
Court of India placed the Right to Privacy?

A. Article 15
B. Article 16
C. Article 19
D. Article 21

Correct Answer: D
Explanation:

The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.)
vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined
in the Constitution of India.

The court held that this right is protected under Article 21 of the Constitution, which
guarantees the Right to Life and Personal Liberty.
Article 21: States that 'No person shall be deprived of his life or personal liberty except
according to the procedure established by law.' The court interpreted 'personal liberty'
broadly to include various aspects of privacy.
While the other options are fundamental rights, they are not directly where the Right to
Privacy is placed:
Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16: Guarantees equality of opportunity in matters of public employment.
Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.

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 3. A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

A. a government officer prohibiting him from taking a particular action.

B. the Parliament/Legislative Assembly to pass a law on Prohibition.
C. the lower court prohibiting continuation of proceedings in a case.
D. the Government prohibiting it from following an unconstitutional policy.

Correct Answer: C
Explanation:
What is a Writ of Prohibition?

A Writ of Prohibition is a legal remedy available to a higher court (like the High Court or
Supreme Court) to prevent a lower court or tribunal from exceeding its jurisdiction or acting
contrary to law. It's essentially a way to stop a court from proceeding with a case that it
shouldn't be hearing.

4. As per Article 368 of the Constitution of India, the Parliament may amend any provision
of the Constitution by way of:

1. Addition
2. Variation
3. Repeal

Select the correct answer using the code given below:

A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3

Correct Answer: D
Explanation:

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 Article 368 in the Constitution of India: Power of Parliament to amend the Constitution and
procedure therefor

(1) Notwithstanding anything in this Constitution, Parliament may in the exercise of its
constituent power amend by way of addition, variation or repeal any provision of this
Constitution in accordance with the procedure laid down in this article.

As per Article 368 of the Constitution of India, the Parliament may amend any provision of
the Constitution by way of:
- Addition
- Variation
- Repeal

Therefore, the correct answer is All of the above (1, 2, and 3).

5. In essence, what does 'Due Process of Law' mean?

A. The principle of natural justice

B. The procedure established by law
C. Fair application of
D. Equality before law

Correct Answer: A

Explanation:
● Option A is correct: Natural Justice implies fairness, reasonableness, equity and
equality. Natural Justice is a concept of Common Law, and it is the Common Law
world counterpart of the American concept of ‘procedural due process’. Natural
Justice represents higher procedural principles developed by judges which every
administrative agency must follow in taking any decision adversely affecting the
rights of a private individual.

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 ● The principles of natural justice are firmly grounded under various Article of the
Constitution. With the introduction of the concept of substantive and procedural due
process in Article – 21 of the Constitution all that fairness which is included in the
principles of natural justice can be read into Article – 21 when a person is deprived
of his life and personal liberty.

2023
6. Consider the following organisations/bodies in India:

1. The National Commission for Backward Classes

2. The National Human Rights Commission
3. The National Law Commission
4. The National Consumer Disputes Redressal Commission

How many of the above are constitutional bodies?

A. Only one
B. Only two
C. Only three
D. All four

Correct Answer: A

Explanation:
Let's analyse each of the organisations/bodies mentioned in the question to determine
their status as constitutional bodies:
● The National Commission for Backward Classes (NCBC): This body is a
constitutional body. It was given constitutional status by the 102nd Constitutional
Amendment Act, 2018, which inserted Article 338B into the Indian Constitution.
● The National Human Rights Commission (NHRC): This body is not a constitutional
body. It is a statutory body established under the Protection of Human Rights Act,

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 1993.
● The National Law Commission: This body is not a constitutional body. It is an
executive body established by an executive order of the Government of India.
● The National Consumer Disputes Redressal Commission (NCDRC): This body is not
a constitutional body. It is a statutory body set up under the Consumer Protection
Act of 1986 (replaced by the Consumer Protection Act 2019).
Based on the analysis, only the National Commission for Backward Classes is a
constitutional body.

7. In India, which one of the following Constitutional Amendments was widely believed to
be enacted to overcome the judicial interpretations of the Fundamental Rights?

A. 1st Amendment
B. 42nd Amendment
C. 44th Amendment
D. 86thAmendment

Correct Answer: A

Explanation:
● The First Amendment Act, of 1951, added the fourth clause to Article 15 that
empowered the government to make any law for the upliftment of socially and
educationally backward classes of citizens or the Scheduled Castes and Scheduled
Tribes. The added clause elucidates that in case such special provisions are
introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the
Constitution.
● The need to insert this clause was felt after the decision of the Supreme Court in the
State of Madras v. Srimathi Champakam (1951). According to the facts of this case,
the Madras government issued an Order that provided reservation on the grounds of
religion, race, and caste. This Order was contended to be in breach of Article 15(1)
of the Indian Constitution. The Court also gave a literal interpretation to the

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 constitutional provisions and held that reserving seats in public institutions for
backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of
similar judicial pronouncements, Article 15 was amended.
● Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian
citizens. This right is considered an essential feature of democracy. However, Article
19(2) specifies the restrictions that can curtail this freedom. The First Amendment to
the Indian Constitution altered these restrictions by widening their ambit. The
second change, via the Amendment Act of 1951, was made to Clause 6 of Article
19.
Though, the UPSC deleted this question when the final answer key was issued.

8. Which one of the following statements best reflects the chief purpose of the
'Constitution' of a country?

A. It determines the objective for the making of necessary laws.

B. It enables the creation of political offices and a government.
C. It defines and limits the powers of government.
D. It secures social justice, social equality and social security.

Correct Answer: C

Explanation:
● The Constitution contains the basic principles and laws of a nation that determine
the powers and duties of the government. A constitution serves multiple purposes.
It provides a legitimate legal and political basis for the Government to propose and
enact laws, organising public service and settling disputes.
● Although the Constitution determines the objectives (DPSP) for the making of
necessary laws and aims to promote social, economic and political democracy, its
chief purpose is to limit the power of government. In fact the Constitutional
government is by definition limited government.

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2022
9. Which of the following is/are the exclusive power(s) of Lok Sabha?

1. To ratify the declaration of Emergency

2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India

Select the correct answer using the code given ' below:

A. 1 and 2
B. 2 only
C. 1 and 3
D. 3 only

Correct Answer: B

Explanation:
● Statement 1 is incorrect. If the President is satisfied that a grave emergency exists
whereby the security of India or of any part of the territory thereof is threatened,
whether by war or external aggression or armed rebellion, he may, by Proclamation,
made a declaration to that effect in respect of the whole of India or of such part of
the territory.
● Statement 2 is correct. According to Article 75 of the Indian constitution, the
council of ministers shall be collectively responsible to the Lok Sabha. It means that
the ministry stays in office so long as it enjoys the confidence of the majority of the
members of the Lok Sabha.
● Statement 3 is incorrect. When a President is to be impeached for violation of the
Constitution, the charge shall be preferred by either House of Parliament.

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 10. With reference to the writs, issued by the Courts in India, consider the following
statements:

1. Mandamus will not lie against a private organisation unless it is entrusted with a public
duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo
Warranto.

Which of the statements given above are correct?

A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3

Correct Answer: C

Explanation:
● Statement 1 is correct. Mandamus is a command issued by the court to a public
official asking him to perform his official duties that he has failed or refused to
perform. It can also be issued against any public body, a corporation, an inferior
court, a tribunal, or a government for the same purpose. It is usually not usable
against a private entity unless it is entrusted with a public duty.
● Statement 2 is incorrect. As explained above, Mandamus can be used against a
government corporation and/or company.
● Statement 3 is correct. Quo Warranto is issued by the court to enquire into the
legality of the claim of a person to a public office. Hence, it prevents illegal
usurpation of public office by a person. Unlike the other writs, this can be sought by
any interested person and not necessarily by the aggrieved person.

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 11. With reference to anti-defection law in India, consider the following statements:

1. The law specifies that a nominated legislator cannot join any political party within six
months of being appointed to the House.
2. The law does not provide any time-frame within which the presiding officer has to decide
a defection case.

Which of the statements given above is/are correct ?

A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

Correct Answer: B

Explanation:
● Statement 1 is incorrect.
As per the Anti-Defection Law, a nominated legislator can join a political party within
six months of being appointed to the House, not after such time.
● Statement 2 is correct.
The Anti-Defection Law does not specify any time limit for the presiding officer to
decide on a defection case.

So, only the second statement is correct.

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 12. Consider the following statements:

1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory
for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya
Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3

Correct Answer: B

Explanation:
● A Constitution Amendment Bill can be introduced either by a minister or by a private
member and does not require prior permission from the President. Hence,
statement 1 is incorrect.
● The 24th Amendment of the Indian Constitution amended Article 368 to expressly
provide that Parliament has the power to amend any provision of the Constitution
and the President is obliged to give his/her assent.
Hence, statement 2 is correct.
● A Constitution Amendment Bill must be passed by a special majority in both houses
and there is no provision for a joint sitting in case of disagreement.
Hence, statement 3 is also correct.

So, the second and third statements are correct.

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 13. Consider the following statements:

1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister,
Minister of State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government/including the Prime Minister, shall
not exceed 15 percent of the total number of members in the Lok Sabha.

Which of the statements given above is/are correct?

A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

Correct Answer: B

Explanation:
● Only statement 2 is correct.
● 1 is Incorrect. The Constitution of India does not classify ministers into four fixed
ranks. There are broadly two categories - Cabinet Ministers and Ministers of State
(with or without independent charge). The number of ranks can vary based on the
specific structure chosen by the government.
● 2 is Correct. The 91st Amendment to the Constitution limits the size of the Council
of Ministers. The total number of ministers, including the Prime Minister, cannot
exceed 15% of the total strength of the Lok Sabha.

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2021
14. A legislation which confers on the executive or administrative authority an unguided and
uncontrolled discretionary power in the matter of application of law violates one of the
following Articles of the Constitution of India?

A. Article 14
B. Article 28
C. Article 32
D. Article 44

Correct Answer: A

Explanation:
The legislation described would violate Article 14 of the Indian Constitution.
● Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means
that laws must be applied fairly and consistently, and everyone should be treated
equally under the law. Legislation that gives unchecked power to the executive or
administration to apply the law violates this principle.
● Option B is incorrect. Article 28 is related to the right to freedom of religion.
● Option C is incorrect. Article 32 confers the right to remedies for the enforcement of
the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move
the Supreme Court if a fundamental right is violated. Under this article, the Supreme
Court can issue writs for the enforcement of any of the fundamental rights of the
citizens.
● Option D is incorrect. Article 44 provides for one of the Directive Principles of State
Policy. Article 44 says that the State shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India.

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 15. What was the exact constitutional status of India on 26th January 1950?

A. A Democratic Republic
B. A Sovereign Democratic Republic
C. Sovereign Secular Democratic Republic
D. A Sovereign Socialist Secular Democratic Republic

Correct Answer: B

Explanation:
● The exact constitutional status of India on 26th January 1950 was a Sovereign
Democratic Republic. The Constitution of India was adopted on 26th November
1949, but it came into effect on 26th January 1950.
● The Preamble of the Constitution, adopted in 1949, defined India as a "Sovereign
Democratic Republic."
● The terms "Socialist" and "Secular" were added to the Preamble much later, through
the 42nd Amendment Act of 1976.
Therefore, on 26th January 1950, India wasn't yet classified as "Socialist" or
"Secular" in its constitution.

16. Under the Indian Constitution, the concentration of wealth violates:

A. The Right to Equality

B. The Directive Principles of State Policy
C. The Right to Freedom
D. The Concept of Welfare

Correct Answer: B

Explanation:
The concentration of wealth violates the Directive principles of state policy.

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 Under Article 39 of the Constitution of India, the State shall direct its policy towards
ensuring that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment. It is a key part of ensuring
economic justice for all.

17. Which one of the following factors constitutes the best safeguard of liberty in a liberal
democracy?

A. Committed judiciary
B. Centralization of powers
C. Elected government
D. Separation of powers

Correct Answer: D

Explanation:
● The Separation of Powers between the legislature, the executive, and the judiciary
constitute an important safeguard of liberty in a liberal democracy.
● The doctrine of Separation of powers entails the division of the legislative, executive,
and judicial functions of government among different organs. This separation
minimises the possibility of arbitrary excesses by the government since all three
organs act as checks and balances on the powers of each other.
Therefore, none of the three organs can usurp the essential functions of other
organs.
● This demarcation prevents the concentration of excessive power by any branch of
the Government. It thus helps to safeguard the liberty and rights of the people in a
democracy.

18. Which one of the following best defines the term ‘State’?

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 A. A community of persons permanently occupying a definite territory independent of
external control and possessing an organised government.
B. A politically organised people of a definite territory possessing an authority to govern
them, maintain law and order, protect their natural rights and safeguard their means of
sustenance.
C. A number of persons who have been living in a definite territory for a very long time with
their own culture, tradition, and government.
D. A society permanently living in a definite territory with a central authority, an executive
responsible to the central authority, and an independent judiciary.

Correct Answer: A

Explanation:
A comprehensive definition of state should include following elements
● A community of people permanently occupying a definite territory This establishes
the physical foundation of the state - a population and a defined geographical area.
● Possessing an organised government This highlights the presence of a central
authority that governs the population within the territory.
● Independent of external control (sovereignty) This emphasises the state's autonomy
in exercising its power within its territory.

19. What is the position of the Right to Property in India?

A. Legal right available to citizens only

B. Legal right available to any person
C. Fundamental Right available to citizens only
D. Neither Fundamental Right nor legal right

Correct Answer: B

Explanation:

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 Previously a Fundamental Right
● Before 1978, the Indian Constitution guaranteed the right to property as a
fundamental right under Article 19(1)(f) and Article 31.
● This meant citizens had the right to acquire, hold, and dispose of their property.
● Article 31 also ensured that the government couldn't take over private property
without due compensation and for public purposes only.

Change in 1978
● The 44th Amendment Act of 1978 changed the status of the Right to Property.
● Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
● A new Article, 300-A, was introduced under Part XII of the Constitution.

Current Status A legal right available to any person.

● Article 300-A states, "No person shall be deprived of his property save by authority
of law."
● This means the government can still acquire private property, but only under legal
authorization.
● The law should be fair and reasonable, and the government has the power to decide
the quantum of compensation.

20. Constitutional government means

A. a representative government of a nation with federal structure.

B. a government whose Head enjoys nominal powers.
C. a government whose Head enjoys real power.
D. a government limited by the terms of the constitution

Correct Answer: D

Explanation:
● A constitutional government seeks to limit and regulate the exercise of political

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 power by the government. Constitutional government is by definition limited
government. It means government is conducted according to rules and principles,
which are binding on all political actors.
● Therefore constitutional government helps to constrain the unfettered exercise of
power by separating or dividing it. The constitutional government provides a
framework in which the government can be both responsible and representative,
managing conflicts, Protecting the rights, promoting participation, and maintaining
the security of the citizens.

21. Which one of the following in Indian polity is an essential feature that indicates that it is
federal in character?

A. The independence of the judiciary is safeguarded.

B. The Union Legislature has elected representatives from constituent units.
C. The Union Cabinet can have elected representatives from regional parties.
D. The Fundamental Rights are enforceable by Courts of Law.

Correct Answer: A

Explanation:
● In a federal system, power is distributed between the central government and the
states. There can be disputes about the division of power or interpretation of the
Constitution.
● An independent judiciary acts as an impartial umpire to settle these disputes and
uphold the Constitution. It ensures that both the central government and the states
function within their constitutional boundaries.The other options, while relevant to
Indian polity, are not exclusive to federal systems
● B. The Union Legislature having elected representatives from constituent units Thisis
a common feature in both federal and some unitary states with devolved power.
● C. The Union Cabinet having elected representatives from regional parties This is
not a defining characteristic of federalism. Political party affiliation doesn't

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 necessarily determine the federal structure.
● D. The Fundamental Rights being enforceable by Courts of Law While essential for a
democracy, this feature exists even in some non-federal states.

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