Tca#1 Polity Theme#1

Content
1. VALUES, DOCTRINE & TERMINOLOGY IN CONSTITUTION.................... 1

‘Socialist’ & ‘Secular’ in Preamble.............................................................. 1
Basic Structure Doctrine............................................................................. 2
‘Guilty by association’ doctrine.................................................................. 3
The doctrine of pleasure............................................................................. 3
Doctrine of Necessity................................................................................... 4
2. AMENDMENTS OF THE CONSTITUTION............................................... 5

Constitution (Scheduled Tribes) Order (Fifth Amendment) Bill, 2022... 5
Constitution (One Hundred and Fifth Amendment) Act, 2021............... 6
Constitutionality’ of the First Amendment Act, 1951.............................. 7
3. FUNDAMENTAL RIGHTS..................................................................... 9
Right of Prisoners......................................................................................... 9
Rights of Children....................................................................................... 10
Right to Marry............................................................................................ 11
Right to Wear Hijab.................................................................................... 11
Right to Silence........................................................................................... 12
Right to be Forgotten (RTBF).................................................................... 13
Rights of Persons with disability.............................................................. 14
Right of Nature........................................................................................... 15
Right to vote............................................................................................... 16
Expansion of Article 19 ambit................................................................... 17
4. DIRECTIVE PRINCIPLE OF STATE POLICY........................................19

Constitutional validity of EWS quota....................................................... 19
Uniform Civil Code..................................................................................... 20
5. SCHEDULES & SUBJECTS................................................................23

Caste Census & 7th Schedule...................................................................... 23
Ladakh’s fight for Sixth Schedule status................................................ 24
THEMATIC CURRENT AFFAIRS
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syllabus into actionable and easy-to-understand themes, and current
affairs have been blended into these themes.
Thematic Current Affairs will help you in:
Division of entire syllabus- theme wise

Revision of concepts and current affairs together
developing the skill to interlink theory and contemporary
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1
Values, Doctrine &
Terminology in Constitution
1. ‘SOCIALIST’ & ‘SECULAR’ IN PREAMBLE
BACKDROP
The Supreme Court has listed a petition which seeks the removal of the words “Socialist” and
“Secular” from the Preamble of the Indian Constitution.
Arguments in the petition

The words were never intended to be in the Constitution and that such insertion is “beyond the
amending power of the Parliament under Article 368”.
The move was “per se illegal for violating the concept of freedom of speech and expression
enumerated in Article 19(1)(a) of the Constitution and the right to freedom of religion guaranteed
under Article 25 of the Constitution”.
Meaning of Socialist and Secular

The two terms were inserted into the preamble as part of the 42nd Amendment of the Constitution
in 1976.
Before the term “Socialist” was added to the Preamble, some of the Directive Principles of State
Policy in the Constitution had socialist content.
Socialist: The term “socialist” here means that
h Wealth should be shared equally by society; Other changes
h Wealth should not be concentrated in the hands of a
made through 42nd
few rich people and; Amendment
h The government should be responsible for reducing It also changed “unity of the nation”
socio-economic inequalities to “unity and integrity of the nation”.
1 Philosophy of the Indian Constitution

Secular: Secular means that the relationship between the government and religious groups are
determined according to the Constitution and law.
h It separates the power of the state and religion. It means that all religions are equally respected
and that there is no state religion.
h All the citizens of India are allowed to profess, practice, and propagate their religions.
2. BASIC STRUCTURE DOCTRINE
BACKDROP
The Vice President of India has condemned the Supreme Court’s landmark 1973 judgement in
the Kesavananda Bharati case in which it ruled that Parliament had the authority to amend the
Constitution but not its basic structure.
What does the Basic Structure mean?

The Constitution of India does not define the basic structure of the Constitution.
The term has been defined to include features like the:
h Supremacy of the Constitution
h Rule of Law Edneer Mutt
h Independent Judiciary
The Edneer Mutt is believed to have
h Federalism
been established by Totakacharya
h Sovereign Democratic Republic
It is one of four original disciples
h Welfare State
of Adi Shankaracharya (credited to
h Parliamentary System of Government have synthesised the non-dualistic
h Principle of Free and Fair elections philosophy of Advaita Vedanta.
Who was Kesvananda Bharti?

He was a monk from Adi Shankaracharya’s tradition born in 1940.
Kesavananda Bharati took sanyas at the age of 19 and headed to the Edneer Mutt, a Hindu monastery
in Kasargod, Kerala.
In 1961, he was appointed as the head of the Mutt, a position he held till his death in 2020.
He fought against the Kerala government’s land reforms.
He was challenging the 1969 Land Reforms enacted by the communist C. Achuta Menon government
which had affected his Mutt.
Under the reforms, Edneer Mutt lost a large chunk of its property, which contributed to its financial
woes.
Kesavananda Bharati argued that this action has violated his fundamental rights – in particular, his
fundamental right to religion (Article 25), freedom of religious denomination (Article 26), and right to
property (Article 31).

3. ‘GUILTY BY ASSOCIATION’ DOCTRINE
BACKDROP
The Supreme Court in India overturned its 2011 judgments, reinstating the “guilt by association”
doctrine. It ruled that being a member of a banned organization would be a crime under the country’s
anti-terror law, the Unlawful Activities (Prevention) Act (UAPA) of 1967.
What is Guilty by Association mean?

Guilt by association, also known as the association fallacy, is officially defined as “guilt ascribed to
someone not because of any evidence, but because of their association with an offender.”
In this particular context, an individual can face criticism or backlash as a result of their likeness to
an existing group or entity.
Conversely, honour by association describes a situation where someone is lauded as a result of their
affiliation with groups that are perceived in a positive light.
4. THE DOCTRINE OF PLEASURE
BACKDROP
The Kerala has seen debates over using the ‘Doctrine of Pleasure’ for the appointment and dismissal
of the Vice-Chancellor of Universities by the Governor of the State as Chancellor of all the State
Universities.
What is the Doctrine of Pleasure?

The pleasure doctrine is a concept derived from English common law, under which the crown can
dispense with the services of anyone in its employ at any time.
In England, the moral rule is that a civil servant of the Crown holds office during the pleasure of the
Crown. This means his services can be terminated at any time by the Crown, without assigning any
reason.
Provisions in India for Appointment and dismissal of Civil servants:

In India, Article 310 of the Constitution says every person in the defence or civil service of the Union
holds office during the pleasure of the President, and every member of the civil service in the States
holds office during the pleasure of the Governor.
However, Article 311 imposes restrictions on the removal of a civil servant. It provides for civil servants
being given a reasonable opportunity for a hearing on the charges against them.
There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not
expedient to do so in the interest of national security.
In practical terms, the pleasure of the President referred to here is that of the Union government, and
the Governor’s pleasure is that of the State government.

Does Governor have the power to use this doctrine?
Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are
appointed by the Governor on the CM’s advice. It adds that Ministers hold office during the pleasure
of the Governor.
In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’
referred to is also taken to mean the right of the Chief Minister to dismiss a Minister and not that of
the Governor.
In short, the Governor of an Indian State cannot remove a Minister on his own.
5. DOCTRINE OF NECESSITY
BACKDROP
The Competition Commission of India (CCI) invoked the doctrine of necessity to bypass the quorum
to clear six deals.
What is Doctrine of Necessity?

The term Doctrine of Necessity is a term used to describe the basis on which administrative actions
by administrative authority, which are designed to restore order, are found to be constitutional.
It is an exception to the principle of ‘Nemo judex in causa sua’.
The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de
Bracton, and similar justifications for this kind of administrative action have been advanced by more
recent legal authorities, including William Blackstone.
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2
Amendments of the Constitution
1. CONSTITUTION (SCHEDULED TRIBES) ORDER

(FIFTH AMENDMENT) BILL, 2022
BACKDROP
Rajya Sabha passed the Constitution (Scheduled Tribes) Order (Fifth Amendment) Bill, 2022 to
amend the Constitution (Schedule Tribes) Order, 1950 for inclusion of certain communities in the list
of Schedule Tribes of Chhattisgarh.
h The castes namely Dhanuhar, Dhanuwar, Kisan, Saundra Saonra and Binjhia communities are
added to the list.
h The three Devanagari versions of the Pando community are also included.
Procedure to include communities in Central List:

National Commission for Backward Classes Act, 1993:
h As per the NCBC Act, 1993, the Commission is mandated to constitute a Bench to examine the
proposals of inclusion and then forward their decision to the Union government (with dissent,
where applicable).
h The Cabinet then needs to approve the additions and bring legislation to this effect.
h The President is empowered to notify the change.
Constitutional Provisions:
Articles 15(4) and 16(4) make special provisions for socially and educationally backward classes
of citizens (SEBCs, popularly known as OBCs), the Scheduled Castes (SCs) and Scheduled Tribes
(STs).
The Constitution (102nd Amendment) Act, 2018: It granted constitutional status to the National
Commission for Backward Castes (NCBC).

It further inserted:
h Article 338B, which deals with the structure, duties, and powers of the NCBC.
h Role
R of NCBC: It was tasked with monitoring safeguards provided for socially and educationally
backward classes, giving advice on their socio-economic development, inquiring into complaints,
and making recommendations, among other functions.
h Article 342A, which deals with the powers of the President to notify a particular caste as an SEBC
and the power of Parliament to change the list.
Supreme Court’s observations:

The Maratha R
Reservation case:
The SC had ruled that only the Centre had the power to draw up the OBC list, as per the above
interpretation of the Constitution (102nd Amendment) Act (Article 342A only mentions the
President & Parliament with no reference to states)
To
T reverse the verdict and to restore the powers of the state governments to maintain the state list
of OBCs, Parliament passed the 127th Constitution Amendment Bill, 2021
Amendment in Articles 366(26C) and 338B (9), after which states will be able to directly notify
OBC and SEBCs without having to refer to the NCBC and the “state list” was being taken out of the
domain of the President and will be notified by the Assembly.
2. CONSTITUTION (ONE HUNDRED AND FIFTH

AMENDMENT) ACT, 2021
BACKDROP
The 105th Amendment Act of 2021 focuses on restoring the authority of state government to
identify Other Backward Classes (OBCs) that are socially and economically backward.
What is the 105th Amendment Act?

The 105th amendment Act was brought through the Amended Articles
127th constitutional Amendment Bill. The 102nd Amendment inserted
The Constitution (One Hundred and Fifth Article 338 B and Article 342 A.
h Article 338B gave constitutional
Amendment) Act, 2021, often known as the 105th
status to NCBC
Constitutional Amendment to the Indian Constitution,
h Article 342A gave the Central
restored the authority of State governments to recognise
govt the power to maintain
socially and educationally backward classes (SEBCs).
the OBC list to the Central
h Communities for which the State in India may give Government
“special provisions” or affirmative action are classified The 105th Amendment amended
as SEBCs, which includes the categories generally these articles and added Article 366
referred to as Other Backward Classes (OBCs). (26C), which defined Socially and
Educationally Backward Classes
(SEBC).

Amended Articles
The 102nd Amendment inserted Article 338 B and Article 342 A.
h Article 338B gave constitutional status to NCBC
h Article 342A gave the Central govt the power to maintain the OBC list to the Central Government
The 105th Amendment amended these articles and added Article 366 (26C), which defined
Socially and Educationally Backward Classes (SEBC).
3. CONSTITUTIONALITY’ OF THE FIRST

AMENDMENT ACT, 1951
BACKDROP
Recently, the Supreme Court (SC) has agreed to view the plea challenging the ‘Constitutionality’ of
the First Amendment Act, 1951 which had put the reasonable restrictions under clause(2) of Article
19 (a) of Freedom of Speech and Expression.
Reasons behind Amendment:

To remove certain practical difficulties created by the court’s decision in several cases such as
Kameshwar Singh Case, Romesh Thapar Case, etc.
Issues involved in the cases included freedom of speech, acquisition of the Zamindari land, State
monopoly of trade, etc.
The 1st Amendment Act, 1951:

Empowered the state to make special provisions for the advancement of socially and economically
backward classes.
Provided for the saving of laws providing for the acquisition of estates, etc.
Added Ninth Schedule to protect the land reforms and other laws included in it from judicial review.
After Article 31, Articles 31A and 31B were inserted.
Added three more grounds for restrictions on freedom of speech and expression: public order,
friendly relations with foreign states, and incitement to an offense. Also, it made the restrictions
‘reasonable’ and thus, justiciable in nature.
Provided that state trading and nationalisation of any trade or business by the state is not to be
invalid on the ground of violation of the right to trade or business.
Amendments in response to issues against Freedom of Speech:

The Amendment included Clause (2) under Article 19, dealing with reasonable restrictions on the
freedom of speech and expression guaranteed under Article 19(1)(a).

The citizen’s right to practice any profession or to carry on any occupation, trade, or business conferred
by article 19(1)(g) is subject to reasonable restrictions which the laws of the State may impose “in the
interests of the general public”.
Other Important Amendments to the Indian Constitution
Constitution (102nd Amendment) Act, 2018

This amendment, assented to by the President in August 2018, granted constitutional status to
the National Commission for Backward Classes (NCBC), which was established in 1993 with the
making recommendations pertaining to the difficulties encountered by socially and educationally
backward classes.
Articles 338B and 342A were added to the Constitution, providing certain powers and
underlining the duties of the NCBC, in addition to empowering the President to specify socially
and educationally backward classes in a state/union territory, while making Parliamentary approval
mandatory for addition or deletion of a community from the Backward List of communities.
EWS Reservation - Constitution (103rd Amendment) Act, 2019

The 103rd Constitutional Amendment granted a 10 percent reservation status to the Economically
Weaker Sections (EWS) of citizens of India, in addition to the existing reservation quota already
provisioned for socially and educationally backward classes.
The amendment to Article 15 and 16 of the Constitution provides reservation for admission in
Central Government run and private education institutions, along with Central Government jobs.
Constitution (104th Amendment) Act, 2020

Changes were made to Article 334 of the Indian Constitution, in order to extend the deadline
on cessation (i.e., termination) of Lok Sabha seats reserved in Parliament, for Members from
Scheduled Castes and Scheduled Tribes.
The reservation, which was scheduled to lapse on 26 January, 2020, was granted a 10-year
extension under the 104th Constitutional Amendment.
However, extension was not granted to the provision of reserving two Lok Sabha seats (and State
Legislative Assembly seats) for members of Anglo-Indian Community, thus abolishing the practice
under the Prime Minister’s recommendation.
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3
Fundamental Rights
1. RIGHT OF PRISONERS
BACKDROP
A Mumbai sessions court stated that searching under trial prisoners by stripping them violates their
fundamental rights, privacy, and is considered humiliating.
What is the present situation?

‘Prisons’ is a State subject under State List of the Seventh Schedule to the Constitution of India.
The management and administration of Prisons falls exclusively in the domain of the State
Governments.
h It is governed by the Prisons Act, 1894 and the Prison
Manuals of the respective State Governments. Committees associated
States have the primary role, responsibility and authority with prison reforms
to change the current prison laws, rules and regulations Justice Amitabh Roy committee
What are the rights of Prisoners? Mulla committee

Krishna Iyer committee
Various fundamental rights under Article, 14, 19, 20, 21
and 22 of the Constitution of India impliedly deal with
the rights of prisoners.
Article 14 deals with right to equality which provides equality before law and equal protection of
law to all persons.
Article 20 deals, inter alia, with two things, firstly it prohibits double jeopardy, that is, no person
should be convicted for same offence twice. Secondly, it prohibits self-incrimination, that is, no one
can be compelled to be witness against himself.
Article 21 deals with right to life and personal liberty.
Article 22 provides that a person must be produced before magistrate within 24 hours of his arrest
and must be provided with a counsel of this own choice.

2. RIGHTS OF CHILDREN
BACKDROP
The Constitution of India guarantees equality before the law to all citizens and pledges special
protections for children. In reality, millions of children are being deprived of their fundamental rights
due to the prevalence of child labour.
Policy interventions against Child labour in India:

Child Labour Act (Prohibition and Regulation) 1986: It prohibits children under the age of 14
years to be working in hazardous industries and processes.
Child Labour (Prohibition & Regulation) Amendment

Act 2016: It prohibits the employment of children below ILO Convention
14 years in all employment and with the provisions for the ILO’s Convention No. 138 provides that
prohibition on employment of adolescents (14-18 Years) the minimum age for admission to
in scheduled hazardous occupations and processes. employment shall not be less than
the age of completion of compulsory
The Child Labour (Prohibition & Regulation) schooling.
Amendment Rules, 2017: The Rules provide a broad and The ILO’s adoption of Convention No. 182 in
specific framework for the prevention, prohibition, rescue 1999 consolidated the global consensus
and rehabilitation of child and adolescent workers. on child labour elimination.
Latest Development
The Registration of Births and Deaths (Amendment) Bill, 2023, was recently introduced in Lok
Sabha.
It amends the Registration of Births and Deaths Act, 1969. The Act provides for the regulation
of registration of births and deaths.
Constitutional Provisions for Child Upliftment:

Article 21 A: ‘Right to Education’: The State shall provide free and compulsory education to all
children of the age of 6 to 14 years in such manner as the State, by law, may determine.
Article 24: Prohibition of employment of children in factories
Article 39: The State shall, in particular, direct its policy towards securing, that the health and strength
of workers, men and women, and the tender age of children are not abused and that citizens are not
forced by economic necessity to enter avocations unsuited to their age or strength.
Other important interventions

The National Commission for Protection of Child Rights was set up as a statutory body under the
Commission for Protection of Child Rights Act, 2005, to protect, promote, and defend child
rights in India.
The 86th Constitutional Amendment made education a fundamental right for children in the age
group of 6 to 14 years.

To protect the child’s rights in India, There are various acts like the:
h Juvenile Justice Act, 1986
h the Child Labour (Prohibition and Regulation) Act, 1986
h the Protection of Children Against Sexual Offense Act, 2012
Birth registration and identity are a child’s first civil rights.
3. RIGHT TO MARRY
BACKDROP
The Supreme Court constitution bench, while hearing the batch of petitions seeking recognition of
same-sex marriage, questioned whether anyone has a fundamental right to marry or there is no
right at all.
What is Right to Marry?

Unlike Article 16 of Universal Declaration of Human Rights, the right to marry is not expressly
recognized either as a fundamental or constitutional right under the Indian Constitution.
h Though marriage is regulated through various statutory enactments, its recognition as a
fundamental right has only developed through judicial decisions of India’s Supreme Court.
h Such declaration of law is binding on all courts throughout India under Article 141 of the
Constitution.
Article 21, which deals with the right to life and personal liberty, is an all-encompassing provision
which includes within its fold the inherent right to marry someone of one’s own choice.
Inherent Rights:
Right to speak
Right to associate
Is an Article 21 granted the right to marriage?
The freedom of choice in marriage in accordance with law is an intrinsic part of Article 21 of the
Constitution and “questions of faith” have no bearing on a person's freedom to choose a life
partner which is the essence of personal liberty.
4. RIGHT TO WEAR HIJAB
BACKDROP
The Karnataka government told the High Court that there is no restriction on wearing hijab in India
with reasonable restrictions subject to institutional discipline and dismissed the charge that denial
to wear the headscarf was a violation of Article 15 of the Constitution, which prohibits discrimination
of every sort.

Important Fundamental Rights involved
Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
Article 19(1)(A) is related to the freedom of expression of the Indian constitution.
Article 19(2) says that nothing in sub clause (a) of clause (1) shall affect the operation of any existing
law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions
on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order, decency
or morality or in relation to contempt of court, defamation or incitement to an offence.
Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to
profess, practice and propagate religion”.
h It is a right that guarantees negative liberty, which means that the state shall ensure that there is
no interference or obstacle to exercising this freedom.
h However, like all fundamental rights, the state can restrict the right for grounds of public order,
decency, morality, health, and other state interests.
5. RIGHT TO SILENCE
BACKDROP
The Supreme Court (SC) has mentioned that all accused have a ‘Right to Silence’ and investigators
cannot force them to speak up or admit guilt as emphasising that the Constitution accords every
person a right against self-incrimination.
Key Highlights of the Verdict

The Right to silence emanates from Article 20(3) of the Indian Constitution, “which states that no one
can be compelled to be a witness against himself.”
The provision gives an accused the right against self-incrimination, a fundamental canon of law.
Under criminal law jurisprudence, it is considered the duty of the prosecution to prove a person guilty
beyond reasonable doubt.
Until proven otherwise, the accused remains innocent.
An accused’s decision to remain silent can be construed as a negative inference in certain
circumstances but it cannot absolve the prosecution from its duty to prove the guilt of that person
beyond reasonable doubts.
Referring to the constitutional Right of every person to not speak against himself or to remain silent, the
court added that it cannot deprive a person of his liberty merely because there is a statement that he
has not admitted his crimes.
Constitutional Provisions
Article 20: It grants protection against arbitrary and excessive punishment to an accused person,
whether citizen or foreigner or legal person like a company or a corporation. It contains three provisions
in that direction:

h It contains provisions related to No ex-post-facto law, No double jeopardy, No self-incrimination.
h No self-incrimination: No person accused of any offence shall be compelled to be a witness against
himself.
h The protection against self-incrimination extends to both oral evidence and documentary evidence.
However, it does not extend to:
h Compulsory production of material objects,
h Compulsion to give thumb impression, specimen signature, blood specimens, and
h Compulsory exhibition of the body.
Further, it extends only to criminal proceedings and not to civil proceedings or proceedings which are
not of criminal nature.
6. RIGHT TO BE FORGOTTEN (RTBF)
BACKDROP
The Centre has told the Delhi High Court that the right to be forgotten is ‘evolving’, which was held
in the Supreme Court’s landmark Judgement in 2017 as a facet of the ‘Right to Privacy’.
The right to be forgotten, also known as the right to erasure, was established in the European Union
in 2014.
In India, the Personal Data Protection Bill, 2019 provides for a mechanism to implement this concept,
though it is not an absolute right.
In 2017, a nine-judge constitution bench headed by then Chief Justice JS Khehar ruled that the Right
to privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21 and entire
Part III of the Constitution.
What is the Right to be forgotten?

It is the right to have publicly available personal information removed from the internet, search,
databases, websites, or any other public platforms, once the personal information in question is no
longer necessary, or relevant.
The RTBF gained importance after the 2014 decision of the Court of Justice of the European Union
(“CJEU”) in the Google Spain case.
In the Indian context, the Supreme Court in Puttaswamy v. Union of India, 2017 noted that the
RTBF was a part of the broader right of privacy.
The RTBF emerges from the right to privacy under Article 21 and partly from the right to dignity
under Article 14.
What is the Right to Privacy?

In the Puttaswamy v. Union of India case, 2017, the Right to Privacy was declared a fundamental
right by the Supreme Court.
The right to privacy is protected as an intrinsic part of the right to life and personal liberty under
Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

Some issues involved with this Judgement
Privacy vs. Information: It brings the person’s right to be left alone, derived from Article 21, directly
in conflict with the rights of the media to report on issues, flowing from Article 19.
Enforceability against Private Individuals: This raises the question of whether fundamental rights
can be enforced against the private individual, which is generally enforceable against the state.
h Article 15(2), Article 17, and Article 23 are the only provision in the constitution of India that
protects a private act of a private party that is challenged based on its violation of the Constitution.
Misleading Judgements: Courts in India have repeatedly either accepted or rejected the application
of RTBF while completely ignoring the wider constitutional questions associated with it.
Despotic Government: Authoritarian governments can use this to remove information that puts
them under a bad light or puts information out there that they wouldn’t otherwise put out in the
public domain.
7. RIGHTS OF PERSONS WITH DISABILITY
BACKDROP
The ‘Accessible India Campaign’ (AIC) was launched for making government buildings, public
transport and websites accessible for Persons with disability (PwD).
The numbers
As per Census 2011, in India, out of the total population of 121 crore, about 2.68 Cr persons are
‘Disabled’ (2.21% of the total population)
Out of 2.68 crore, 1.5 crore are males and 1.18 crore are females.
Constitutional provisions
Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective
provision for securing right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement, within the limits of its economic capacity and development.
The subject of ‘relief of the disabled and unemployable’ is specified in state list of the Seventh
Schedule of the constitution.
Legislative backing for Disabled in India

Rights of person with Disability Act, 2016: The Act replaces the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.
Programmes and initiatives for PwD in India

Accessible India Campaign : Creation of Accessible Environment for PwDs
National Fellowship for Students with Disabilities (RGMF)
DeenDayal Disabled Rehabilitation Scheme
Assistance to Disabled Persons for Purchase / fitting of Aids and Appliances (ADIP)

8. RIGHT OF NATURE
BACKDROP
The Madras High Court in a recent order declared “Mother Nature” a Living Being with all corresponding
rights, duties and liabilities of a living person.
The ruling:
Madras High Court invoked the ‘parens patriae jurisdiction’, and declared ‘Mother Nature’ as a
‘living being’ having the status of a legal entity.
Justice S. Srimathy observed that the court is hereby declaring ‘Mother Nature’ a ‘living being’
having the status of a legal person with all corresponding rights, duties and liabilities of a
living person, in order to preserve and conserve it.
The court observed that ‘Mother Nature’ was accorded the rights akin to fundamental rights, legal
rights, constitutional rights for its survival, safety, sustenance and resurgence in order to
maintain its status and also to promote its health and well-being.
Parens patriae Jurisdiction:

Parens patriae is Latin for "parent of the people."
Under parens patriae, a state or court has a paternal and protective role over its citizens or others
subject to its jurisdiction.
The doctrine of parens patriae is a doctrine under which a state has third-party standing to
bring a lawsuit on behalf of a citizen when the suit implicates a state’s quasi-sovereign
interests for the well-being of its citizens.
The parens patriae doctrine is also the doctrine in which all orphans, dependent children, and
persons deemed incompetent are within the special protection, and under the control of the state.
The 2017 Uttarakhand High Court judgment:

The Uttarakhand High Court granted legal rights to the heavily-polluted Yamuna and Ganga rivers
in 2017.
The court went on to declare all the glaciers, including Gangotri and Yamunotri, rivers, streams,
rivulets, lakes, air, meadows, dales, jungles, forests wetlands, grasslands, springs, and waterfalls as
living entities.
Other countries with similar judgments:

Ecuador: The South American country became the first country in the world in 2008 to ratify a
constitutional amendment to include nature’s rights.
New Zealand: New Zealand and its native Maori have recognised natural ecosystems as living beings.
In 2017, New Zealand granted the Whanganui River the legal rights of a human being.

Columbia: Citing the precedent set in New Zealand, the Constitutional Court of Columbia granted
legal rights to the Atrato River, near the Panama border.
Australia, the United States and Bangladesh are also some other countries that have acknowledged
the legal rights to various natural ecosystems.
Bangladesh in fact went a step ahead and declared all of the rivers in the country to be alive and
entitled to legal rights.
9. RIGHT TO VOTE
BACKDROP
The Supreme Court described as paradoxical the fact that the right to vote has not been recognised
as a fundamental right in India, despite democracy being an essential facet of the Constitution.
(Bhim Rao Baswanth Rao Patil v. K Madan Mohan Rao and ors).
Key Highlights
The right to vote, based on an informed choice, is a Important features of
crucial component of the essence of democracy. Democracy
This right is precious and was the result of a long and Free, Fair and Frequent Elections
arduous fight for freedom, for Swaraj, where the citizen
has an inalienable right to exercise her or his right to Representation of Minorities
franchise. Rule within the Constitutional Law
Democracy has been held to be a part of one of the Freedom of Speech, Expression
essential features of the Constitution. and Choice
Yet,
Y somewhat paradoxically, the right to vote has not Federal Rights
been recognized as a Fundamental Right yet; it was Council Responsibility
termed as a “mere” statutory right.
Right to Education
Right to vote in India Right to Form Association and

Union
The Indian Constitution has granted the right to vote to Same Law for All
all Indian citizens of sound mind above the age of 18,
No Control on Judiciary
irrespective of an individual’s caste, religion, social or
economic status.
This right is universally granted to all Indians, with a few exceptions.
The right to vote in the Constitution of India is guaranteed under Article 326.
It is actually a constitutional right, not a fundamental right.
h The fundamental rights are applicable to everyone while constitutional rights are applicable on
certain grounds.

10. EXPANSION OF ARTICLE 19 AMBIT
BACKDROP
The Supreme Court has supported a case on question of whether “a fundamental right under Article
19 or 21 of the Constitution of India be claimed other than against the ‘State’ or its ‘instrumentalities’.
About the Judgement:

The court ruled that a citizen can seek enforcement of the fundamental rights to freedom of speech
not just against the state but extended the ground for seeking these rights against other citizens.
As said under the 4-1 majority ruled by the Constitution Bench:
h A fundamental right under Article 19 and Art.21 can be enforced even against persons other than
the State or its instrumentalities.
h The case of heard in view that the right of free speech and expression guaranteed under the
Article 19(1)(a) cannot be curbed by any additional grounds other than those already laid down
in Article 19(2).
Constitutional Backing:
Article 19 which guarantees freedom of speech and expression is a right invoked against the
state.
Some fundamental rights such as those prohibiting untouchability, trafficking and bonded labour
are explicitly against both the state and other individuals.
Significance:
The court, extending free speech against private citizens, opens up a range of possibilities in
Constitutional law.
This interpretation could also bring an obligation on the state to ensure private entities also abide by
Constitutional norms.
These questions could hypothetically range from seeking enforcement of privacy rights against a
private doctor to seeking the right to free speech against a private social media entity.


4
Directive Principle of
State Policy
1. CONSTITUTIONAL V
VALIDITY OF EWS QUOTA
CONTEXT
The Supreme Court of India recently ruled that 10 percent reservation for economically weaker
sections (EWS) is constitutional and does not violate the basic structure of the Constitution of India.
The reservation is mentioned in Article 46 of Part IV of the Constitution of India, which contains
Directive Principles of State Policy (DPSPs).
What is DPSP?
The Directive Principles of State Policy (DPSP) are some
ideals set for the Indian society and it is emphasised
from time to time that it is the duty of India and each of
Cases associated with
the states to apply these guidelines and principles while Fundamental Rights and DPSP
making laws. Champakam Dorairajan Vs the State of
The DPSP is a comprehensive social, economic, and Madras
political set of principles for a modern welfare state. Golaknath Vs the State of Punjab
Nature: These principles, unlike Fundamental Rights, Keshavananda Bharati Vs the State of
are non-binding and unenforceable in nature. It means, Kerala
the violation of these principles cannot be contested in
court.
h They impose a moral obligation on the state that the government ‘shall’ try to promote the
welfare of people and social justice.
Concerned Articles: In the Indian Constitution, Articles 36 to 51 fall under the DPSP segment.
Source: The source of the concept of DPSP is the Spanish Constitution. From Spanish Constitution,
it was taken into the Irish Constitution. And the Indian Constitution took it.
Classification of DPSP
DPSPs are generally divided into three categories:

Socialistic principles: These set of principles can be found in Articles 38 to 47. Here, the DPSP
talks about bringing socialistic values to society and provide several kinds of facilities to the
people.
Gandhian principles: These set of principles try to enact the vision of Mahatma Gandhi. They can
be found in Articles from 40 to 48, except the 44th article.
Liberal-intellectual principles: From Articles 44 to 51, the principles fall under this category.
One of the most discussed topics of the Uniform Civil Code falls under this category and is
enshrined in Article 44.
2. UNIFORM CIVIL CODE

CONTEXT
The Supreme Court of India (SC), in a hearing, stated that States have power to constitute committees
on Uniform Civil Code.
What is Uniform Civil Code (UCC)?

UCC refers to that part of the law that deals with the family affairs of an individual and denotes
uniform law for all citizens, irrespective of his/her religion, caste or tribe.
The common areas covered by a civil code include:
h Personal Status
h Rights related to the acquisition and administration of property
h Marriage, divorce and adoption
UCC in the Constitution

In Part 4 of the Constitution, the Directive Principles of State Policy (DPSP) figure from Articles
36 to 51. And Article 44 is the one that talks about a Uniform Civil Code.

h According to this, a uniform civil law should be made for all the citizens of the country.
h It states that the State shall endeavour to secure for the citizens, a uniform civil code throughout
the territory of India.
The Constitution calls upon the state to apply UCC principles in making laws as these principles are
fundamental in the governance of the country.
What are DPSPs?

The Directive Principles are ideal principles – while governments and citizens can be encouraged
to follow them, they are not mandatory.
They are not "enforceable" in a court of law.
Considered as an ideal state of political governance, it is believed that if the state policy follows
the Directive Principles, then public welfare and social harmony will increase.
DPSP and Fundamental Rights

Sometimes Directive Principles can also clash with the Fundamental Rights.
Disputes between Fundamental Rights and Directive Principles are understood and settled on
the basis of parliamentary debates and judicial decisions.
There have been some landmark judgments on the clash between Directive Principles and
Fundamental Rights. Two of the judgments are in the Golaknath vs State of Punjab (1967) and
the Kesavananda Bharti vs State of Kerala (1973) cases.
On the basis of these decisions, it can be said that the Parliament can amend the fundamental
rights of the citizens, but this amendment should not affect the "basic structure" of the
Constitution.
Who can enact laws on the Uniform Civil code?

The Parliament is authorized to make laws on UCC, as per the Constitution of India, with the
consultation of States.
h This will be done by amending the Constitutional State’s power
provisions.
regarding UCC
First implementing State As per Entry 5 of List-III-
Concurrent List, Personal laws
In India, Goa is the only state to have implemented the (intestacy and succession; will;
directive principle of the UCC and converted it into a marriage and divorce), relate to
law called the Goa Civil Code or the Goa Family Law. The the Seventh Schedule to the
Goa Civil Code is in force since Portuguese times and is Constitution, and hence, the
considered a Uniform Civil Code. It is the set of civil laws States are also empowered to
that governs all the Goans irrespective of the religion or legislate upon them.
the ethnicity to which they belong.


5
Schedules & Subjects
1. CASTE CENSUS & 7TH SCHEDULE

BACKDROP
The Supreme Court refused to entertain a batch of pleas challenging the Bihar Government’s decision
to conduct a caste survey in the State.
Points highlighted in the petition

The subject of the survey falls in List 1 of the 7th Schedule of the Constitution and only the Centre
has the power to hold the exercise.
Three Lists in the Seventh Schedule

Article 246 of the Constitution mentions three lists in the Seventh Schedule — union, state, and
concurrent lists thereby affecting the delivery of public goods.
The Three Lists are:
h Union List: The Union list comprises those subjects on which only the Union Parliament may
enact laws. Under this, subjects of national importance such as foreign affairs, railways, banking,
Defence are included.
h State List: It comprises those subjects on which the legislature to the state only can make laws
such as public order, police, public health and sanitation, betting and gambling and others.
h Concurrent List: This list includes those subjects on which both Union and State have concurrent
powers, which includes education, population control and family planning, forests, criminal law,
social and economic planning, electricity, marriage, and divorce and others.
What is Caste Census?

It means inclusion of caste-wise tabulation of India’s population in the Census exercise.
h Census Exercise is a decennial count of the Indian population.

From 1951 to 2011, every census in India has published the population of Scheduled Castes and
Scheduled Tribes, along with the gamut of data including religions, languages, socio-economic
status, etc.
It, however, has never counted OBC’s, the lower and intermediate castes, which according to
the Mandal commission make up around 52 per cent of the country’s population.
All castes other than Scheduled Castes and Scheduled Tribes are counted under the general
category.
The last caste census was conducted in 1931. All caste data are projected on its basis. It became
the basis for quota caps under the Mandal formula.
2. LADAKH’S FIGHT FOR SIXTH SCHEDULE STATUS

BACKDROP
In bid to seek sixth schedule of the Indian constitution and Statehood to the eco-fragile region of
Ladakh, Environmentalist Sonam Wangchuk started a six-day climate fast.
The Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA) has jointly put forward
a four-point agenda to drive the agitations in the UT of Ladakh as follows:
h Statehood for Ladakh
h Safeguards under the Sixth Schedule of the Constitution
h Formation of Public Service Commission and job reservation for Ladakh youth
h Creation of two separate parliamentary constituencies for Leh and Kargil
This alliance between Leh and Kargil is historic, given that the two communities have been divided
politically and religiously for over six decades.
About the Sixth Schedule:

The Sixth Schedule of the Constitution of India consists of provisions for the administration of tribal
areas in north eastern states of Assam, Meghalaya, Mizoram and Tripura, according to Article
244 of the Constitution.
Passed by the Constituent Assembly in 1949, the Sixth Schedule seeks to safeguard the rights
of tribal population through the formation of Autonomous District Councils (ADC).
ADCs are bodies representing a district to which the Constitution has given varying degrees of
autonomy within the state legislature.
Along with protecting the tribal population, the Schedule provides autonomy to the communities
through creation of autonomous development councils (ADCs) which are empowered to frame
laws on land, public health, agriculture and others.
Autonomous District Councils (ADCs):

They are the autonomous administrative divisions that have some legislative, judicial, and
administrative autonomy within a state.

ADCs have up to 30 members with a term of five years.
It can make laws, rules and regulations with regard to land, forest, water, agriculture, village
councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce,
social customs and mining, etc.
Understanding the ‘crux’ of Ladakh’s demand?

The demand is for the local Councils that should be empowered with legislative power by bringing
them under the ambit of Sixth Schedule of Article 244(1) of the Constitution.
They demand a Bodoland-type power arrangement that protects the rights of indigenous people
over their land with legislative subjects that are exclusive to local governments without interference
from Central Laws.
A similar provision under Article 371 (A) is given to other areas such as in Nagaland in respect of
the religious, social practices, customary law of the Nagas.
Can Ladakhis be described as ‘vulnerable’ community?

Ladakh is known as a part of the global Buddhist civilisation or Islamic heritage that cannot be
described as a ‘primitive’ or ‘vulnerable’ community.
Diverse and rich cultural setting: Ladakh is historically perceived as a cosmopolitan region with
centuries of multiple cultural settings. It was an Asian pivot – the people here traversed diverse
cultural boundaries and engaged with ideas.
Its Buddhist community resembles nothing like the Chakma tribes in the Northeast.
The Baltis and Purigs of Kargil cherish their rich Persian Shia and Sufi heritages.
Social Features:
h High education level: The region had the highest literacy rate (82 percent) in J&K.
h Social equality: A great deal of social equality exists; the women enjoy high status in every
aspect of life.
h Elite population: It has a highly westernised Buddhist and Balti elite which send children to
study in India’s top-public schools.
What is the ground to ask for sixth schedule status?

The demand from the local tribal communities in Ladakh is to extend the provisions of the Sixth
Schedule to the region.
This was primarily driven by concerns over the protection of tribal rights and the preservation of
the unique cultural identity of the local communities.


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1. VALUES, DOCTRINE & TERMINOLOGY IN CONSTITUTION.................... 1

2. AMENDMENTS OF THE CONSTITUTION............................................... 5

4. DIRECTIVE PRINCIPLE OF STATE POLICY........................................19

5. SCHEDULES & SUBJECTS................................................................23

To aid in this process, we have categorized the entire UPSC prelims

Thematic Current Affairs will help you in:

 Division of entire syllabus- theme wise

Join our Telegram Channel for Peer to Peer Discussion

Prelims Sampoorna 2025

1. ‘SOCIALIST’ & ‘SECULAR’ IN PREAMBLE

Arguments in the petition

Meaning of Socialist and Secular

1 Philosophy of the Indian Constitution

2. BASIC STRUCTURE DOCTRINE

What does the Basic Structure mean?

Who was Kesvananda Bharti?

2 Philosophy of the Indian Constitution

What is Guilty by Association mean?

4. THE DOCTRINE OF PLEASURE

What is the Doctrine of Pleasure?

Provisions in India for Appointment and dismissal of Civil servants:

3 Philosophy of the Indian Constitution

What is Doctrine of Necessity?

4 Philosophy of the Indian Constitution

1. CONSTITUTION (SCHEDULED TRIBES) ORDER

Procedure to include communities in Central List:

5 Philosophy of the Indian Constitution

Supreme Court’s observations:

2. CONSTITUTION (ONE HUNDRED AND FIFTH

What is the 105th Amendment Act?

6 Philosophy of the Indian Constitution

3. CONSTITUTIONALITY’ OF THE FIRST

Reasons behind Amendment:

The 1st Amendment Act, 1951:

Amendments in response to issues against Freedom of Speech:

7 Philosophy of the Indian Constitution

Other Important Amendments to the Indian Constitution

Constitution (102nd Amendment) Act, 2018

EWS Reservation - Constitution (103rd Amendment) Act, 2019

Constitution (104th Amendment) Act, 2020

8 Philosophy of the Indian Constitution

What is the present situation?

What are the rights of Prisoners?  Mulla committee

9 Philosophy of the Indian Constitution

Policy interventions against Child labour in India:

 Child Labour (Prohibition & Regulation) Amendment

Constitutional Provisions for Child Upliftment:

Other important interventions

10 Philosophy of the Indian Constitution

What is Right to Marry?

4. RIGHT TO WEAR HIJAB

11 Philosophy of the Indian Constitution

Key Highlights of the Verdict

12 Philosophy of the Indian Constitution

6. RIGHT TO BE FORGOTTEN (RTBF)

What is the Right to be forgotten?

What is the Right to Privacy?

13 Philosophy of the Indian Constitution

7. RIGHTS OF PERSONS WITH DISABILITY

Division of entire syllabus- theme wise

What are the rights of Prisoners? Mulla committee

Child Labour (Prohibition & Regulation) Amendment

Right to vote in India Right to Form Association and