Constitution & Polity of India

Issue of Restoration of Statehood to Jammu and Kashmir

Context: The Supreme Court has recently sought a detailed response from the Centre on the issue of restoration of statehood to Jammu and Kashmir.

Relevance of the topic:

Prelims: Concept of Federalism, Constitutional Framework for Creation of States.

Mains: Issue of Restoration of Statehood to Jammu and Kashmir. 

Abrogation of Article 370 

  • The abrogation of Article 370 and enactment of the Jammu and Kashmir Reorganisation Act, 2019 bifurcated the State into two Union Territories:
    • Jammu & Kashmir (with legislative assembly)
    • Ladakh (without legislative assembly). 
  • The Supreme Court in 2023 upheld the abrogation, but it also directed the Union Government to restore statehood and conduct Assembly elections. 
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Constitutional Framework for Creation of States

The Constitution of India provides three processes for creating States: admission, establishment, and formation.

  • Admission requires an organised political unit and is guided by international law, as was the case with Jammu and Kashmir’s accession in 1947 through the Instrument of Accession signed by Maharaja Hari Singh.
  • Establishment involves acquisition of new territories, such as the cases of Goa and Sikkim.
  • Formation refers to reorganisation of existing States under Article 3, which has expanded India’s map from 14 States in 1956 to 29 States before the Jammu and Kashmir Reorganisation Act, 2019.

Article 3 empowers Parliament to form, alter, or rename States, but it does not authorise converting a State into a Union Territory on a permanent basis. Thus, continuing to keep Jammu and Kashmir as a Union Territory is against the spirit of federalism embedded in the Constitution.

Implications of Non-Restoration:

  • Denial of statehood leads to a democratic deficit, since a Union Territory places overriding powers in the hands of the Lieutenant Governor rather than the elected government.
  • It also dilutes citizens’ rights to self-governance, which is central to India’s democratic framework.
  • Continued Union control risks alienating the people of Jammu and Kashmir and may undermine long-term stability and integration.
  • From a constitutional perspective, it sets a dangerous precedent where any State could potentially be downgraded to a Union Territory, eroding the spirit of federalism.

Why Restoration of Statehood is Imperative?

  • Restoring statehood is imperative to uphold federalism, which the Supreme Court in Kesavananda Bharati (1973) held to be part of the Basic Structure. 
  • The Rajya Sabha under Article 83(1) ensures continuous representation of States in national decision-making , and denial of statehood disrupts this equilibrium and weakens India’s cooperative federalism.
  • It empowers the elected government and restores the principle of self-rule, thereby addressing the democratic aspirations of the people.
  • It reinforces the separation of powers by complying with the Supreme Court’s directions.
  • It helps maintain national unity with federal balance, preventing over-centralisation that could erode trust among States.

While temporary Union control may be justified on grounds of security, its prolonged continuation undermines both the letter and spirit of the Constitution. The restoration of statehood to Jammu and Kashmir is not merely a political demand but a constitutional obligation essential for safeguarding India’s federal design.

Bail Provisions in USA and India

Context: The US President recently signed an executive order cutting federal funding for jurisdictions that allow cashless bail claiming that it leads to a rise in crime.

Relevance of the topic:

Prelims: Concept of Bail, Cashless Bail, Bail Provisions in India.

Mains: Issues in India’s Bail Provisions and the Urgent Need for Reforms.

What is Bail? 

  • Bail is the conditional release of an accused person from custody while awaiting trial. It is based on the principle of presumption of innocence ensuring that a person is not punished before conviction. 
  • The court’s concern in granting bail is that the accused:
    • does not abscond or evade trial,
    • does not tamper with evidence or influence witnesses, and
    • remains available to face justice.
  • Hence, courts require a monetary deposit or surety as a guarantee of compliance. If the accused fails to appear, the money is forfeited. This makes bail both a safeguard of liberty and a mechanism of accountability.

What is Cashless Bail?

  • Cashless bail refers to the release of an accused without depositing cash upfront. Instead, the accused may sign a personal recognisance (PR) bond, be placed under community supervision, or offer other non-monetary assurances.
  • The rationale is to ensure that liberty before conviction does not depend on financial capacity.
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Bail Provisions in the USA:  

  • In the US, bail traditionally required cash deposits. Failure to pay meant remaining in custody, regardless of the seriousness of the offence. Later many US states introduced cashless bail for relatively minor non-violent offences.

Bail Provisions in India:  

Bhartiya Nagarik Suraksha Sanhita, 2023 which replaced the Code of Criminal Procedure, 1973 lays down the process for releasing a person on bail. Among the conditions for bail is the furnishing of a bond or a bail bond.

Bond:

  • By signing a bond an accused agrees to their bail terms and assures the court they will remain present for the trial. This is usually accompanied by a cash deposit, with the amount depending on the nature of the crime and the economic condition of the accused. 
  • This deposit can be forfeited if bail conditions are violated, and is refunded at the conclusion of the trial regardless of the outcome.
  • If an accused does not have the means to furnish cash, courts may consider releasing them on a personal recognisance bond (PR bond). This requires the accused to arrange for the cash within a specific time after being released on bail.

Bail bond: 

  • A bail bond is a guarantee given by another person (family member, friend, or employer) to ensure that the accused complies with bail conditions and appears for trial. The surety may also be required to deposit a specified sum, which can be forfeited if the accused absconds.
  • Courts conduct verification of the surety’s documents, financial standing, and personal background to establish credibility.
  • Certain courts insist that the surety must possess financial assets, permanent residence, or be a local resident of the district.
  • In cities like Mumbai, a solvency certificate issued by a revenue officer is mandatory, often causing delays of several days or even weeks in the grant of bail.

Issues in Bail Provisions in India:

  • Economic Discrimination: 268th Law Commission Report (2017) held that financial surety-based bail is contrary to constitutional ethos, as it discriminates against the poor.
  • Undertrial Overcrowding: National Crime Records Bureau (2022) shows that over 75% of India’s prison population are undertrials, many detained only due to inability to furnish bail.
  • Procedural Delays: Mulla Committee on Prison Reforms (1983) flagged that cumbersome verification processes, such as solvency certificates, prolong custody even after bail is granted.
  • Judicial Hesitancy on PR Bonds: Despite the Supreme Court in Hussainara Khatoon (1979) emphasising bail as a right, trial courts remain reluctant to release accused on personal recognisance bonds.
  • Constitutional Concerns: The Supreme Court in Satender Kumar Antil vs CBI (2022) observed that denial of bail for inability to pay surety violates Article 21 (Right to Liberty).

Need for Bail Reforms in India: 

  • Risk-Based Assessment: The Law Commission (268th Report) recommended shifting from monetary sureties to risk-based evaluation of absconding or tampering.
  • Greater Use of PR Bonds: Justice Krishna Iyer Committee on Prison Reforms (1987) stressed non-monetary bail to avoid criminalising poverty.
  • Strengthened Legal Aid: NALSA Report (2023) revealed 5000 undertrials in jail despite bail orders, highlighting the need for proactive legal services intervention.
  • Prison Decongestion: Supreme Court (2023) directed that undertrials not released within a week of bail must be reported to District Legal Services Authorities.
  • Systemic Reform: National Police Commission (1977-81) called for liberalised bail policies to ensure speedy justice and reduce undertrial population.

The principle that “bail is the rule, jail the exception” must guide criminal justice in spirit and practice. Without systemic reforms like wider PR bonds, simplified procedures and robust legal aid, bail will remain a privilege of the rich rather than a right of all.  

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Article 21 and Indefinite Detention of Non-Citizens in India

Context: The Punjab and Haryana High Court has granted regular bail to a Bangladeshi woman accused of forgery, cheating, and staying in India without valid documents, holding that the right to personal liberty under Article 21 applies to foreigners too.

Relevance of the Topic:Prelims: Key facts about Article 21. 
Mains: Right to Personal Liberty: Evolution and threats to personal liberty. 

Recent Verdict by Punjab and Haryana High Court: 

  • The High Court has granted regular bail to a Bangladeshi woman accused of forgery, cheating, and staying in India without valid documents, holding that the right to personal liberty under Article 21 applies to foreigners too. 
  • The court held that prolonged pre-trial custody, especially for an undocumented migrant unable to arrange sureties, would amount to irreversible injustice.

Article 21: 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 word ‘person’ in Article 21 is wide enough to cover not only citizens but also foreigners. The State has an obligation to protect the liberty of such foreigners and ensure that their liberty is not deprived except in accordance with the procedure established by law. 

Rajubala Das v. Union of India Case (2020):

  • The Rajubala Das v. Union of India case challenged the legality of indefinite detention of non-citizens in India.
  • The SC ruled that prolonged and indefinite detention, in the absence of any real possibility of deportation, amounted to a gross violation of his fundamental right to life and personal liberty under Article 21 of the Constitution. 

Also Read: Foreigners Tribunals: Detaining Non-Citizens and Rule of Law 

Adi Karmayogi Initiative

Context: The Ministry of Tribal Affairs has launched the Adi Karmayogi Initiative under the Dharti Aba Janjatiya Gram Utkarsh Abhiyaan to improve last-mile scheme delivery in tribal villages.

Relevance of the Topic: Prelims: Key features for Adi Karmayogi initiative. 

Adi Karmayogi Initiative

  • Adi Karmayogi Abhiyan is a national movement to build a decentralised tribal leadership and governance ecosystem.
  • Nodal Ministry : Ministry of Tribal Affairs
  • Aim: To empower tribal communities, strengthen responsive governance, and create local leadership opportunities across the country.
  • The initiative emphasises Sewa (service), Sankalp (Resolve), and Samarpan (Dedication) reflecting the guiding principle of “Sabka Saath, Saka Vikas, Saka Prayas, Sabka Vishwas.”

Objectives: 

  • To promote responsive, people-centric governance at village and community levels.
  • To conduct multi-departmental Governance Lab Workshops / Process Labs from state to district, block, and village levels for capacity Building of state, District, and Block Master Trainers.
  • To co-create development plans where tribal communities and government officers jointly formulate the 1 Lakh Tribal Villages-Vision 2030, including detailed action plans and investment strategies.
  • To build a network of 20 lakh change leaders across 550 districts and 30 States/UTs to implement grassroots development initiatives.
  • To ensure 100% saturation of welfare schemes in tribal villages.
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Key Features of Adi Karmayogi Initiative

  • The programme aims to build a cadre of 20 lakh trained grassroots change leaders across 550 districts in 30 States/UTs to foster responsive governance in tribal communities. Under this model, 240 state-level master trainers, 2750 district-level trainers, and 15,000 block-level trainers will be prepared, who will eventually train around 20 lakh tribal participants. 
  • The initiative follows a cascade model of training, where knowledge flows from master trainers to district and block-level trainers and finally to village-level participants. The training methodology is participatory and activity-based.
    • Activities such as candle-lighting, fishbowl discussions, knot-tying tasks, cognitive group exercises, and role-playing are used to deliver leadership and problem-solving lessons.
    • Each village-level training session will include 15 volunteers, ensuring local participation and direct engagement with community members.
  • Villagers and officers will co-create the Tribal Village Vision 2030, aligned with national and international commitments towards sustainable development goals and inclusive development. These Village Vision documents will be displayed as public murals, serving both as community pledges and as aspirational blueprints for State machinery to follow.
  • The initiative actively involves community volunteers to strengthen outreach:
    • Adi Sahyogis (teachers, doctors, and other professionals)
    • Adi Saathis (SHG members, tribal elders, youth, and local leaders) — to strengthen outreach.
  • The Ministry plans to establish one lakh Adi Seva Kendras across tribal villages. These centres will function as single-window service hubs where villagers can access information and benefits of all welfare schemes.
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Also Read: Tribal Welfare Outreach Campaign Launched Across 500+ Districts in India 

AI in Judiciary: Promise and Challenges 

Context: In July 2025, the Kerala High Court issued India’s first policy on the use of Artificial Intelligence (AI) in the district judiciary, highlighting both its potential to tackle the backlog of over 5 crore cases and the risks of errors, bias, and accountability gaps.

Relevance of the Topic: Mains: Use of AI in Judiciary: Promises and Challenges. 

AI in Judiciary

The judiciary faces longstanding challenges such as case backlogs, language barriers, and the need for digital modernisation. 

  • AI in Judiciary including Machine Learning (ML), Natural Language Processing (NLP), Optical Character Recognition (OCR), and Predictive Analytics are being leveraged to automate administrative tasks, improve case tracking, and enhance crime prevention.
  • Initiatives like e-Courts Project Phase III, AI-assisted legal translation, predictive policing, and AI-driven legal chatbots are reshaping the legal landscape, making processes faster, smarter, and more transparent.
  • The Kerala High Court’s July 2025 guidelines on AI use in district judiciary marked the first official policy in India addressing AI adoption in courts. 
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Promise of AI in Judiciary: 

  • Speed and Efficiency:
    • Translation of documents into regional languages can help judges and litigants overcome language barriers.
    • Automated transcription of oral arguments and witness depositions saves manual effort.
    • Defect identification in filings ensures faster case listing and reduces delays.
  • Enhanced Legal Research: AI enables quick scanning of vast legal databases, saving time and supporting more focused, substantive legal analysis.
  • Improved Accessibility: AI-based tools can simplify judgments into easy-to-read summaries for litigants. Translation features enhance access to justice in regional languages.
  • Administrative Support: AI can assist registries in case classification, docket management, and scheduling, helps reduce the burden on court staff and ensures smoother case flow.
  • Potential Cost Reduction: By saving time and resources in transcription, research, and filing checks, AI can lower litigation costs, making justice more affordable.
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Problems with AI in Judiciary

While AI promises efficiency and accessibility, its deployment in the judiciary raises serious legal, ethical, and technical concerns. 

  • Translation and Transcription Errors: E.g., “Leave granted” translated as “holiday approved” in Hindi. In Noel Anthony Clarke vs Guardian News & Media Ltd. (2025), the claimant’s name “Noel” was repeatedly transcribed as “no.” Such errors, though small, can distort meaning and impact case outcomes.
  • AI Hallucinations: A study published in theJournal of Empirical Legal Studies found that legal Large Language Models (LLM) can make up case laws and cite incorrect sources to substantiate claims. E.g., OpenAI’s Whisper has been reported to “hallucinate” entire phrases or sentences, especially when speakers pause during speech.
  • Search Engine Bias: AI-powered legal research may reflect user behaviour patterns, not objective comprehensiveness. Risk of “invisibilising” important precedents, skewing legal arguments and judgments.
  • Loss of Human Nuance: Judicial decision-making requires context, empathy, and balancing of equities. Over-reliance on AI risks reducing adjudication to mechanical rule-based inferences.
  • Data Privacy and Security: Use of sensitive, non-public, or personal data in AI systems lacks a clear framework. Risk of data leaks, misuse, or surveillance by private vendors supplying AI tools.
  • Infrastructure Deficits: Many courts in India still rely heavily on paper-based processes. Weak internet connectivity, lack of digitisation, and poor hardware are major obstacles to AI deployment. 

Courts are not just service providers; they are custodians of justice. Over-reliance on AI risks undermining fairness, transparency, and human judgment. Hence, AI must be adopted with caution, transparency and safeguards.  

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No Nod to Riverbed Mining without study on Sand Replenishment: SC

Context: In a major decision to curb environmental damage from sand mining, the Supreme Court ruled that no approval for riverbed mining can be granted without a scientific replenishment study.

Relevance of the Topic: Mains: Legal Framework for Sand Mining in India. 

Background: 

  • The ruling came in the backdrop of a case concerning sand and gravel extraction from the Shaliganga Nallah in Jammu & Kashmir, where mining was permitted to supply raw material for the construction of a four-lane Srinagar bypass project.
  • The J&K Expert Appraisal Committee had initially rejected the proposal citing over-exploitation and absence of replenishment data in the District Survey Report (DSR). However, environmental clearance was later granted despite these deficiencies, subject to shallow mining restrictions.
  • This clearance was challenged before the National Green Tribunal (NGT) by environmental activists who argued that the approval violated the Sustainable Sand Mining Guidelines.
  • The NGT in 2022 quashed the clearance, holding it to be environmentally unsound and procedurally defective.
  • The Union Territory of J&K, NHAI, and the private project proponent appealed against this order, but the Supreme Court upheld the NGT’s decision, affirming that replenishment studies are a mandatory requirement for granting mining approvals.

What is Replenishment Study?

  • A replenishment study is a scientific assessment of the rate at which sand, gravel, and other riverbed materials are naturally replaced in a given stretch of a river or stream.
  • It determines how much sand is deposited annually by the natural processes of erosion, weathering, sediment transport, and deposition.
  • It determines the maximum permissible extraction limits so that mining does not exceed natural recovery.

Recent Ruling of Supreme Court: 

  • The Supreme Court has described replenishment study as a mandatory requirement before giving clearance for sand mining. 
  • The court stated- "Just as forest conservation requires assessment of tree growth rate before permitting timber harvesting, a replenishment study enables us to take an informed decision as to whether sand mining can be permitted without degrading the river’s natural balance.”
  • The absence of replenishment studies makes a District Survey Report (which identifies potential areas for sustainable mining of minor minerals like sand, gravel, and stones ) as fundamentally defective.

Legal Framework for Sand Mining in India

  • Constitutional Provisions: 
    • Union List (Seventh Schedule) empowers Parliament to regulate mines and mineral development.
    • State List allows states to regulate mines and minerals, subject to Union control.
  • Mines and Minerals (Development & Regulation) Act 1957 (MMDR Act):
    • Provides the overarching legislative framework for mineral development in India.
    • Section 15 empowers state governments to frame rules for minor minerals, which include sand.
  • Environment Protection Act 1986 (EPA): Provides the basis for Environmental Impact Assessment (EIA) notifications regulating sand mining activities.
  • EIA Notification 2006 and Amendments: 
    • Made prior environmental clearance mandatory for all mining projects.
    • The Supreme Court in Deepak Kumar v. State of Haryana (2012) clarified that this requirement applies even to minor minerals irrespective of lease size.
    • The 2016 Amendment introduced the concept of District Survey Reports (DSRs) for scientific identification of mining sites, making them mandatory before granting ECs.
  • Sustainable Sand Mining Management Guidelines 2016: 
    • Issued under the EPA, these guidelines were the first comprehensive attempt to regulate sand mining sustainably.
    • They mandate the calculation of the annual rate of replenishment before any clearance is issued.
    • They also recommend restrictions on mining during monsoon season, cluster-based approaches for small leases, and the promotion of alternatives such as manufactured sand (M-sand).
  • Enforcement and Monitoring Guidelines for Sand Mining, 2020
    • These guidelines focus on strengthening compliance and monitoring. They recommend IT-enabled systems such as e-challans, GPS tracking of vehicles, drone surveillance, and satellite monitoring.
    • They direct states to constitute dedicated task forces and involve district-level authorities in enforcement.

Gender Disparity in Organ Transplants in India

Context: The National Organ and Tissue Transplant Organisation (NOTTO) recently issued a direction stating that women patients and relatives of deceased donors will receive priority in organ allocation. This is part of a 10-point advisory aimed at addressing gender disparity in organ transplants and encouraging donations. 

Relevance of the Topic: Prelims: State of Organ Donation in India and world.Mains: Gender Disparity in Organ Transplants in India. 

India’s Organ Transplant Paradox

A study in the British Medical Journal titled “India’s organ transplant paradox: women donate the most and receive the least” highlighted striking imbalances:

  • Between 2019 and 2023, 63.8% of all living organ donors in India were women. In the same period, men accounted for 69.8% of all organ recipients, showing a stark gender gap.
  • Out of 56,509 living organ donations made in the last five years, 36,038 donations came from women. However, only 17,041 transplants were performed on women, while 39,447 transplants went to men.

This indicates that women form the majority of donors but remain a minority among recipients.

Legal Framework for Organ Donation in India:  

  • The Transplantation of Human Organs and Tissues Act (THOTA) 1994 provides the basic legal framework for organ donation and transplantation in India.
  • The Act permits organ donation by both living donors and deceased (brain-stem dead) donors, subject to strict medical and ethical conditions. 
  • It prohibits commercial trade in human organs, making buying or selling of organs a punishable offence with stringent financial and judicial penalties.
  • An amendment in 2011 expanded the scope of the law to include the donation of human tissues. 

The Act has established the National Organ and Tissue Transplant Organisation (NOTTO) as the apex body to oversee Organ donation. All hospitals engaged in organ retrieval or transplantation be registered and linked with NOTTO.

Status of Organ Donation:  

  • According to the World Health Organisation (WHO) around 1,30,000 solid organ transplants are performed worldwide each year, but this meets only about 10% of the global demand.
  • Countries with streamlined donor systems and higher public awareness, such as Spain and the U.S., have achieved much better organ donation rates. 
  • In India, the demand-supply gap is severe. Every year, nearly 1.8 lakh people develop end-stage kidney disease, but only around 12,000 kidney transplants are performed. Due to this shortage, a large number of patients are forced to remain on dialysis or face premature death. 
  • An organ donor can save up to eight lives through organ donation and can help many more through tissue donation such as corneas, skin, and bones.

However, lack of awareness, cultural myths, and hesitation to discuss organ donation within families remain the biggest obstacles in organ donation.

What are Machine Readable Electoral Rolls?

Context: Recently, the Leader of Opposition alleged vote theft and demanded that the Election Commission (EC) provide machine-readable voter rolls to political parties.  

Relevance of the Topic: Prelims: About Machine Readable Electoral Rolls.

What are Electoral Rolls? 

  • Electoral Roll is the authoritative list of all eligible voters prepared under the Representation of the People Act, 1950. 
  • Voter rolls are prepared by district officials under the EC’s authority using ERONET, a digital system for adding or deleting voter entries. They are regularly updated to include newly eligible voters, address changes, or removals of ineligible voters. 

How are Voter Rolls shared?

  • The Election Commission shares electoral rolls mainly as image PDF files on its website. These PDFs include details like name, age, gender, address, and EPIC number, but do not include photographs online.
  • Physical copies or printouts may also be provided to political parties and the public.
  • Limitations: 
    • Image PDFs cannot be easily indexed or searched by computers.
    • Detecting duplicates requires manual effort, and with over 99 crore entries, spotting errors becomes highly challenging.

Opposition parties are demanding machine-readable voter rolls, as these would allow data to be searched, indexed, and analysed by computers, enabling quick detection of duplicate or bogus entries across constituencies and facilitating large-scale analysis for greater accuracy and fairness.

Why does the EC not provide Machine-Readable Voter Rolls?

  • Privacy risks: The EC stopped uploading machine-readable rolls before the 2019 elections citing privacy risks - foreign entities can access sensitive details such as the full names and addresses of Indian voters.
    • In Kamal Nath vs Election Commission of India (2018), the Supreme Court refused to compel the EC to provide machine-readable rolls. The Court observed that political parties could convert the existing image PDFs into searchable format on their own if they wished.
    • This position, however, contradicted the EC’s own manual which states that draft rolls should be published on State CEO websites in “text mode.”
  • Technical and financial barriers: Voter rolls are divided into hundreds of separate PDF parts for each constituency, making large-scale analysis difficult. Converting these files through Optical Character Recognition (OCR) is resource-intensive; with over six crore pages nationwide, the estimated cost is about $40,000 per revision cycle.

Election Commission of India: Powers & Criticism

Context: The Election Commission of India (ECI) is constitutionally mandated to conduct free and fair elections. With the ongoing Special Intensive Revision (SIR) controversy in Bihar, the credibility of ECI is being questioned. In a functional democracy, reinforcing trust in ECI is crucial to ensure the principle of one person, one vote.

Relevance: Prelims: Powers and functions of Election Commission of India. Mains: Election Commission: Reforms Needed & Way Forward.

Election Commission of India

  • The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country. 
  • Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections vested in the Election Commission, related to:
    • Parliament
    • State legislatures
    • Office of President of India
    • Office of Vice-President of India 
  • Article 324 (2): Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs), as the President may fix from time-to-time. 
  • Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.

Election Commission of India: Powers & Criticism

Powers and functions of ECI: 

The powers and functions of the Election Commission with regard to elections to the Parliament, state legislatures and offices of President and Vice-President can be classified into three categories: Administrative, Advisory and Quasi-Judicial.  In detail, these powers and functions are: 

  1. To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
  2. To prepare and periodically revise electoral rolls and to register all eligible voters. 
  3. To notify the dates and schedules of elections and to scrutinize nomination papers. 
  4. To grant recognition to political parties and allot election symbols to them.
  5. To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them. 
  6. To appoint officers for enquiring into disputes relating to electoral arrangements. 
  7.  To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
  8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
  9. To advise the President on matters relating to the disqualifications of the members of Parliament.
  10. To advise the governor on matters relating to the disqualifications of the members of the state legislature.
  11. To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
  12. To request the President or the governor for requisitioning the staff necessary for conducting elections.
  13. To supervise the machinery of elections throughout the country to ensure free and fair elections.
  14. To advise the President whether elections can be held in a state under the president's rule in order to extend the period of emergency after one year. 
  15. To register political parties for the purpose of elections and grant them the status of national or state parties based on their poll performance. 

Criticism and Challenges faced by the Election Commission of India: 

  • Executive Control in Appointment: Parliament replaced the SC’s interim tripartite panel (PM + LoP + CJI) with a selection committee (PM + a Cabinet Minister nominated by the PM + LoP) to appoint CEC, creating a built-in 2:1 executive majority. This selection committee design for the appointment of CEC weakens institutional independence of the Election Commission.
  • Limited Safeguards to ensure Independence:
    • Article 324 does not lay out specific qualifications (educational, professional, or otherwise) for appointment of CEC and ECs. 
    • The Constitution does not bar retiring CEC and ECs and from holding further government office. In the past, retired CEC and ECs have been appointed to the posts like Governor etc. This leaves the scope for partisan approach in their conduct in the anticipation of post-retirement allurements. 
  • Lack of Financial Autonomy:  As per the current practice, ECI’s expense is voted and approved by Parliament thereby giving financial discretion to the Parliament. The expenses of ECI are not charged upon Consolidated Fund of India, making EC dependent on the central government in financial matters. 
  • Lack of Security of Tenure to ECs: While CEC can only be removed on the grounds as needed for the removal of a Supreme Court judge; ECs can be removed from office on the CEC's recommendation. This makes ECs vulnerable and affects their ability to act independently.
  • Lack of Permanent Staff: ECI does not have independent staff of its own, and is dependent upon staff of Central and State Governments for administrative staff whenever elections take place. This hampers efficient functioning of the Commission posing incidents like power tussles between ECI and state government staff in certain states.
  • Limited Power to regulate Political Parties: ECI does not have an explicit power to deregister political parties in any event (except on limited grounds such as registration obtained by fraud). ECI does not have any power to enforce internal democracy with political parties and has limited power in regulating party finances.
  • Reduced Transparency: The ongoing SIR controversy in Bihar which led to the exclusion of 65 Lakh voters from the electoral rolls adds to the allegations of manipulation of electoral rolls by ECI. Similar claims of voter roll manipulation including duplicate and bulk registrations have been seen in the past, which undermines the credibility of ECI.  

Way Forward

Recommendations of 255th Law Commission Report (2015):   

  • Need for Parity in the removal process of Election Commissioners.
  • EC’s expense to be charged on Consolidated Fund of India to ensure financial autonomy.
  • Separate and Independent Secretariat: Having powers to appoint, transfer and promote its staff and officers. This will insulate personnel from executive and political interference.
  • Collegium based Appointment: Appointment of all the ECs, including CEC, should be made by the President in consultation with a three-member collegium or selection committee, consisting of Prime Minister; Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India.
  • Elevation of an Election Commissioner should be on the basis of seniority - unless the three member collegium/committee, for reasons to be recorded in writing, finds such Commissioner unfit. 
  • EC must have power to de-register political parties.  
  • Common Electoral Roll for Parliament, Assembly and Local Elections: This will avoid duplicity of effort and resources by EC and SEC.

Governor Can Act Independently: A-G

Context: The Attorney-General of India submitted before a five-judge Bench headed by the Chief Justice of India that a Governor’s power to withhold assent to a proposed State legislation is an act independent of the Council of Ministers.

Relevance of the Topic:Prelims: Constitutional Provisions on Governor’s Role. Mains: Governor: Powers, challenges & way forward. 

Constitutional Provisions on Governor’s Role

  • Article 163: Council of Ministers to aid and advise the Governor.
    • Article 163 (1): There shall be a Council of Ministers led by the Chief Minister to aid and advise the Governor in the exercise of his functions, except in matters where the Constitution allows him to act on his own discretion.
    • Article 163 (2): If any question arises with respect to whether a matter falls under Governors' discretionary power or not, the governor’s decision will be final. The validity of anything done by the governor in his discretion will not be called into question.
    • Article 163 (3): The advice given by the Ministers to the Governor shall not be inquired into any court.
  • Article 200: When a bill is sent to the governor after it is passed by state legislature, he can:
    • Give the assent to the bill
    • Withhold the assent to the bill
    • Return the bill (if not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state legislature with or without amendments, the governor has to give assent to the bill
    • Reserve the bill for the consideration of the President.

The controversy lies in withholding the assent to the bill- whether it is a discretionary power or subject to ministerial advice. 

Governor Can Act Independently: A-G 

  • The Attorney-General of India submitted before a five-judge Bench headed by the Chief Justice of India that a Governor’s power to withhold assent to a proposed State legislation is an act independent of the Council of Ministers.
  • The Governor cannot be expected to be bound by the advice of the House if the proposed State law was found to be unconstitutional. In such cases, the Governor can act outside the aid and advice of the Council, and even contrary to the mandate of the House/Council of Ministers. 
  • A power to withhold necessarily involves personal independent judgment, guided by settled principles of laws. The 42nd Constitutional Amendment made Article 74 (1) explicit that the President shall act in accordance with the Cabinet advice. But Article 163 (Governors) was not amended to match Article 74. 

Relevant Court Cases: 

  • Shamsher Singh v. State of Punjab (1974): The Supreme Court clarified that the Governor must act on the aid and advice of the Council of Ministers, except in situations where the Constitution explicitly allows the Governor to act in his discretion. 
  • State of Rajasthan v. Union of India (1977): This case dealt with the role of the Governor under Article 356, which is related to President’s Rule. While discussing Article 163, the Supreme Court emphasised that the Governor's discretion is limited and he must act on the advice of the Council of Ministers, except in specific situations provided by the Constitution.
  • S. R. Bommai v. Union of India (1994): Primarily a case on Article 356, it also discussed the role of the Governor under Article 163. The Supreme Court held that the Governor's report to the President under Article 356 must be based on objective material, and the Governor’s actions are subject to judicial review.
  • M. P. Special Police Establishment v. State of Madhya Pradesh (2004): This case dealt with the Governor’s discretion in granting sanction for prosecution. The Supreme Court ruled that in certain circumstances, the Governor may act independently of the Council of Ministers, especially where the ministers themselves are under investigation. 

Issues and Concerns: 

  • Undefined scope of discretionary powers: The Constitution does not clearly define the scope of discretionary powers with the governor, thus leaving the scope for misuse. 
  • Erosion of Federalism: Frequent withholding or reserving of bills can delay state legislations and undermine elected government.   

Hence, this may lead to the situations when governors may have political bias and can act as the agent of the Union government. 

Way Forward

  • Sarkaria Commission (1988): Governor should be a detached figure and not too intimately connected with the local politics of the State. Discretion should be used sparingly; reserve bills only when required by the Constitution (as a last resort).
  • Punchhi Commission (2007): Article 163 does not give the Governor a general discretionary power to act against the advice of the Council of Ministers. The exercise of discretion is limited, and it must be dictated by reason, activated by good faith, and tempered by caution.
  • Nabam Rebia and Bamang Felix vs Deputy Speaker (2016): The Governor cannot withhold assent to a Bill indefinitely, but must return it to the Assembly with a message, and this could include his recommendation for amendments to the Bill.
  • State of Punjab vs Principal Secretary to Governor of Punjab (2023): Governor can not veto the legislature by indefinitely withholding assent to the bill. In case the bill is re-enacted, the governor does not exercise discretion to withhold the re-enacted bill.
  • SC’s Judgment in Tamil Nadu Governor case (2025): SC has prescribed a time limit for the Governor to exercise his powers under Article 200. The court said that a governor must be a friend, guide and philosopher to the State, not a hindrance.
    • The governor has a maximum of one month to withhold the assent based on the aid and advice of the State Cabinet. 
    • The governor has a maximum period of three months to return the bill by specifying reasons, if the bill is withheld contrary to the advice of the Cabinet. 
    • The governor has a maximum period of three months to reserve the bill for the President's consideration against the advice of the Cabinet. 
    • The governor must grant assent to the bill re-passed by the state legislature under Article 200 within a maximum period of one month. 

Hence, there is a need to align the Governor’s role with cooperative federalism, as envisioned by the Constitution.

Also Read: The Governor 

Jan Vishwas (Amendment of Provisions) Bill 2025

Context: The Union Minister for Commerce and Industry introduced the Jan Vishwas (Amendment of Provisions) Bill, 2025 or Jan Vishwas Bill 2.0 in the Lok Sabha. 

Relevance of the Topic: Prelims: Key features of Jan Vishwas Bill 2.0. Mains: Govt. initiatives towards Ease of doing Business reforms. 

Jan Vishwas (Amendment of Provisions) Bill, 2025

  • The Jan Vishwas (Amendment of Provisions) Bill, 2025 aims at amending 355 provisions — 288 provisions decriminalised to foster Ease of Doing Business, and 67 provisions proposed to be amended to facilitate Ease of Living.
  • The Bill covers 16 Central Acts administered by 10 ministries/departments. 
  • Aim: To decriminalise and rationalise minor offences under Central Acts to enhance trust-based governance for ease of living and ease of doing business.

Key features of the Bill : 

  • First-time contraventions: Advisory or warning for 76 offences under 10 Acts. E.g., Under Motor Vehicles Act, needless honking earlier attracted fines from the first offence; now a warning will be given for the first instance, and the fine applies only for repeat offences.
  • Decriminalisation: Imprisonment clauses for minor, technical or procedural defaults replaced with monetary penalties or warnings. E.g., Manufacture/sale of Ayurvedic drugs under the Drugs & Cosmetics Act, 1940 earlier attracted 6 months’ imprisonment + fine of ₹10,000. Under the new Bill, imprisonment is removed, replaced with a fine up to ₹30,000.
  • Rationalisation of penalties: Penalties made proportionate, with graduated penalties for repeated offences.
  • Adjudication mechanisms: Designated officers empowered to impose penalties through administrative processes, reducing judicial burden.
  • Revision of fines and penalties: Automatic 10% increase every three years to maintain deterrence without legislative amendments.

Among the laws that will be amended include:  

  • The Motor Vehicles Act 1988  
  • Reserve Bank of India Act 1934 
  • Central Silk Board Act 1948 
  • Road Transport Corporations Act 1950 
  • Tea Act 1953 
  • Apprentices Act 1961 
  • Coir Industry Act 1953
  • The Delhi Municipal Corporation Act 1957
  • New Delhi Municipal Council Act 1994
  • Electricity Act 2003 
  • Textile Committee Act 1963

Jan Vishwas Act 2023

The Jan Vishwas (Amendment of Provisions) Bill, 2025 builds on the Jan Vishwas Act, 2023, which was the first consolidated legislation aimed at systematically decriminalising minor offences across multiple Central Acts. For instance:  

  • Originally, Section 41 of the Food Corporations Act, 1964 penalised unauthorised use of FCI’s name in any prospectus/advertisement with up to 6 months’ imprisonment or ₹1,000 fine or both. This penal clause was later omitted by the Jan Vishwas Act as part of decriminalisation measures.
  • Similarly, the provision of imprisonment up to 6 months was removed from the Section 33 of the Indian Forest Act, 1927 for tree felling or damage caused by cattle in protected forests, and Rs 500 fine was kept.

Significance of Jan Vishwas Bill 2.0: 

  • Promotes Ease of Doing Business (EoDB): Removes fear of criminal prosecution for small lapses.
  • Facilitates Ease of Living (EoL): Reduces compliance burden for citizens in everyday activities.
  • Trust-based Governance: Shifts from punitive criminalisation to a trust-based model of compliance and correction.
  • Reduces Judicial Burden: Minor defaults handled administratively, freeing courts from trivial cases.
  • Regulatory Modernisation: Omits archaic laws and irrelevant provisions.
  • Economic Growth: Creates a business-friendly, predictable regulatory environment, encouraging investments.

The Bill marks a significant milestone in India’s regulatory reform journey. It reflects the Government’s commitment to “Minimum Government, Maximum Governance” and will catalyse sustainable economic growth and improved ease of doing business.

Also Read: An Analysis of The Jan Vishwas Act 

image 17

When can Courts Order a Recount of Votes?

Context: Recently, the Supreme Court of India overturned the sarpanch election result of a village in Panipat, Haryana. The Court ordered a recount of votes by summoning Electronic Voting Machines (EVMs) to its own premises in New Delhi, marking the first known instance of the apex court directly recounting EVM votes.

Relevance of the Topic: Prelims: Legal Framework for Challenging Elections, Grounds for Invalidating an Election, When Courts Can Order a Recount of Votes.Mains: Role of Judiciary in Free and Fair Elections.

Legal Framework for Challenging Elections: 

  • The validity of the results of Parliamentary, Assembly or State Council elections can be challenged by filing an election petition before the High Court of the particular state in which the election was conducted. 
  • In the case of local body elections, such petitions are to be filed before the district-level civil courts.
  • Who can file? A candidate or an elector related to the election.
  • Timeframe: Petition must be filed within 45 days of declaration of results.
  • The petition must contain a concise statement of material facts on which the challenge is based. If it alleges corrupt practices, it must specify the names of the persons involved, the nature of the act, and the date and place of occurrence.
  • The Supreme Court has held that allegations of corrupt practices are quasi-criminal and require strict standards of proof. Vague or ambiguous claims are not entertained, and petitions lacking material facts can be dismissed at the outset.

Grounds for Invalidating an Election

Courts can declare an election void on several grounds. This includes :

  • Bribery, undue influence, such as a candidate failing to disclose their criminal antecedents or promoting enmity among social groups.
  • If the winning candidate was not qualified or was disqualified on the date of their election.
  • Improper rejection of a nomination paper of an electoral candidate.
  • Improper acceptance of a nomination or the improper reception or rejection of votes (but only when it is proven that these actions materially affected the election’s outcome).
  • And non-compliance with the Constitution or any election laws and rules, if such non-compliance materially affected the result.

When can Courts order a Recount of Votes?

A recount of votes is one of the remedies a court can order, but it is not granted lightly. As it involves re-examining ballots, it is seen as potentially compromising the secrecy of the vote, a cornerstone of free and fair elections. Therefore, a court will only order a recount if : 

  • The petitioner presents specific material facts, and
  • Provides sufficient evidence to establish a prima facie case that a counting error is probable and has materially affected the result.

Courts usually order vote recounts to take place at the location where the election was held, unlike in the case of the Panipat sarpanch election dispute, in which the SC recounted the votes at its premises.

Role of Judiciary in Ensuring Free and Fair Elections: 

  • Adjudication of Election Disputes: Under Article 329(b) and the Representation of the People Act, 1951, judiciary acts as the final arbiter of election disputes, upholding the rule of law in the electoral process.
  • Enforcement of Electoral Law: Ensures compliance with the Constitution, statutory provisions, and electoral rules, thereby upholding the rule of law in the electoral process.
  • Checking Electoral Malpractices: Declares elections void in cases of corrupt practices, undue influence, bribery, or disqualification, preventing the erosion of the electoral mandate.
  • Balancing Ballot Secrecy with Electoral Justice: Recounts are ordered only on prima facie proof of irregularities, reflecting judicial restraint while ensuring electoral justice without undermining ballot secrecy.

In Indira Gandhi v. Raj Narain (1975), the SC declared free and fair elections as part of the Basic Structure, making electoral integrity non-negotiable.

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