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DAILY CURRENT AFFAIRS, 19 FEBRUARY 2026

FOREST RIGHTS ACT

 
 

1. Context 

Over the last six months, the Odisha government has been shutting down Forest Rights Act (FRA) Cells that were set up under State and Central schemes to accelerate the implementation of the Forest Rights Act, 2006

2. Key Takeaways

  • The ST Commission is caught in a row with the Union Environment Ministry over the latest Forest Conservation Rules (FCR), 2022.
  • The row is over the potential violation of provisions enshrined in the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 was dubbed the Forest Rights Act (FRA).

3. The involvement of NCST in the Act

  • The Ministry of Environment, Forests and Climate Change in June 2022 notified the forest (Conservation Rules, 2022, which prescribed the mechanism for the diversion of Forest land for non-forest purposes.
  • These amended rules have omitted a clause (Present in 2014 and 2017 Rules) that explicitly required any proposal to mandatorily have the consent of local tribespeople and Other Traditional Forest Dwellers (OTFDs) of the area, before proceeding for Stage 1 clearance.
  • The FCR, 2022 has allowed applying entities to go for the consent of locals, represented by the Gram Sabha after Stage 1 or even after Stage 2 clearance.
  • According to the FRA, 2006, in case of a dispute over forest land, precedence has to be given to the rights of STs and OTFDs, who live in and off the forest and its resources, over any other party.

4. NCST demands

  • In September 2022, NCST Chairperson Harsh Chouhan shot off a letter to Environment Minister Bhupendra Yadav, highlighting the potential consequences of FCR, 2022, recommending that they be put on hold and the previous Rules, which provided for the consent clause, be strengthened.
  • The ST panel argued that the previous versions of the Rules provided a legal space for ensuring the completion of the processes for recognition and vesting of rights under the FRA in areas where forests are being diverted.
  • The ST Commission noted that it made little sense to take the consent of tribals and forest dwellers after an applicant had got Stage 1 clearance.
By then, the applicant would be invested in the project and would then have the incentive to "pursue the State It said governments or Union Territories" to divert the land at the earliest.
The NCST added that the FCR, 2022 provided for compensatory Afforestation, but nowhere did it prescribe safeguards or a mechanism for compliance with FRA.
 
  • Further, the NCST's Working Group found that FRA compliance was in trouble even under the old rules.
    It said currently, nearly 25, 000-30, 000 hectares of forest land were being diverted every year.
  • It cited a study by the Centre for Environment and Development, ATREE to note: " Out of 128 applications for forest diversion for mining, over 100 had been processed between 2009 and 2018".
  • It added that 74 proposals had Stage 2 approval, 46 had Stage 1 approval (in principle), with just five rejected and four closed for other reasons.
  • None of the rejections was for non-compliance with FRA.
  • The study also found that 14 of these cases (all post-2014) had been cleared with an FRA compliance report, despite, this being far from the "ground reality".

5. About NCST

  • The National Commission for Scheduled Tribes is a constitutional body that was established by the Constitution (89th Amendment) Act, 2003.
  • The Commission is an authority working for the economic development of Scheduled Tribes in India.
This amendment replaced the National Commission for Scheduled Castes and Scheduled Tribes with two distinct commissions which are:
  1. National Commission for Scheduled Castes (NCSC)
  2. National Commission for scheduled Tribes (NCST)
Article 366 (25) of the Constitution, Scheduled Tribes are those communities that are scheduled in by article 342 of the Constitution.
Also, Article 342 of the Constitution says that: The Scheduled Tribes are the tribes or tribal communities or part of or groups within these tribes and tribal communities which have been declared as such by the President through a public notification.

5.1. Composition of NCST

  • The NCST consists of one chairperson, one vice-chairperson and three full-time members.
  • Out of the three members, there should compulsorily be one lady member.
  • Tenure of the members is 3 years.

 5.2. Functions of NCST

  •  It investigates and monitors issues related to safeguarding the provisions for Scheduled Tribes under the Constitution and evaluating the working of those safeguards.
  • NCST will inquire into specific complaints concerned with the deprivation of rights and safeguards of the STs.
  • The commission participates and advises on the planning process for the socio-economic development of the STs and also evaluates the progress of the various developmental activities.
  • The President will be presented with an annual report on the working of those safeguards.
  • Apart from annual reports, other reports also will be submitted to the President as and when necessary.
  • The Commission will also give reports on what measures are to be taken by both the central and various state governments for the effective execution of the measures and safeguards for the protection, development and welfare of the STs.
  • Other functions of NCST are related to the welfare, protection, development and advancement of the STs.

6. Forest Rights Act 

  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, commonly known as the Forest Rights Act of India, is often referred to as the Tribal Rights Act or the Tribal Land Act.
  • It was enacted in 2006 and recognises the rights of tribal communities that live in the forest as well as other traditional forest dwellers to the forest resources that were essential to their ability to provide for a variety of needs, including subsistence, habitation and other sociocultural requirements.
  • The forest management policies, including the Acts, Rules and Forest Policies of Participatory Forest Management policies in both colonial and post-colonial India, did not, till the enactment of this Act., recognize the symbiotic relationship of the STs with the forests, reflected in their dependence on the forests as well as in their traditional wisdom regarding conservation of the forests.
The Act encompasses Rights of Self-cultivation and Habitation which are usually regarded as Individual rights; and Community Rights such as Grazing, Fishing and access to Water bodies in the forest, Habitat Rights for PVTGs, Traditional Seasonal Resources access to Nomadic and Pastoral Communities, access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights and right to protect, regenerate or conserve or manage any community forest resource for sustainable use.
 
  • It also provides rights to the allocation of forest land for developmental purposes to fulfil the basic infrastructural needs of the community.
  • In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 FRA protects the tribal population from eviction without rehabilitation and settlement.
  • The Act further enjoins upon the Gram Sabha and rights holders the responsibility of conservation and protection of bio-diversity, wildlife, forests, adjoining catchment areas, water sources and other ecologically sensitive areas as well as to stop any destructive practices affecting these resources or cultural and natural heritage of the tribals.
    The Gram Sabha is also a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes to impact them.
  • Thus the Act empowers the forest dwellers to access and use the forest resources in the manner that they were traditionally accustomed, to protect, conserve and manage forests, protect forest dwellers from unlawful evictions and also provides for basic development facilities for the community of forest dwellers to access facilities of education, health, nutrition, infrastructure etc.

6.1. Objective

  1. To undo the historical injustice that occurred to the forest-dwelling communities
  2. To ensure land tenure, livelihood and food security of the forest-dwelling Scheduled Tribes and other traditional forest dwellers
  3. To Strengthen the conservation regime of the forests by including the responsibilities and authority of Forest Rights holders for sustainable use, conservation of biodiversity and maintenance of ecological balance.

For Prelims & Mains

For Prelims: Forest Rights Act, NCST, NCSC, Forest Conservation Rules 2022, Traditional Forest Dwellers, 
For Mains: 
1.Discuss the powers and functions of the National Commission for Scheduled Tribes in protecting the rights of the Forest-dwellers in India. (250 Words)
 
Source: The Hindu and Ministry of Tribal Affairs
 

SPECIAL INTENSIVE REVISION (SIR)

 
 
1. Context
 
Trinamool Congress national general secretary Abhishek Banerjee on Wednesday alleged that poll officials were continuing to flout Supreme Court directives by issuing directions to their subordinates through WhatsApp during the special intensive revision (SIR) exercise in West Bengal
 
2. What is the Special Intensive Revision?
 
 
  • The Special Intensive Revision (SIR) of the Electoral Rolls is an important exercise undertaken by the Election Commission of India (ECI) to ensure that the voter lists (electoral rolls) are accurate, updated, and inclusive before any major election or as part of the annual revision cycle.
  • In simpler terms, the SIR is a comprehensive verification and correction process of the electoral rolls — aimed at including eligible voters, removing ineligible ones, and rectifying errors in the existing list.
  • It is called “special” because it involves an intensified, house-to-house verification and greater public participation compared to the routine annual summary revision
  • The purpose of the Special Intensive Revision is to maintain the purity, accuracy, and inclusiveness of India’s democratic process. Clean and updated voter rolls are essential for free, fair, and credible elections, as they prevent issues like bogus voting, disenfranchisement, and duplication.
  • In summary, the Special Intensive Revision (SIR) is a focused, large-scale voter verification campaign conducted by the Election Commission to ensure that the electoral rolls are error-free, inclusive, and reflective of the current eligible voting population. It plays a crucial role in strengthening the integrity and transparency of India’s electoral system

During the Special Intensive Revision, Booth Level Officers (BLOs) visit households to verify voter details such as name, address, age, and photo identity. This exercise helps identify:

  • Citizens who have turned 18 years or older and are eligible to vote,

  • Entries that need to be corrected or deleted due to death, migration, or duplication, and

  • Any discrepancies in the voter’s details such as gender, address, or photo mismatch
 
 
3. Election Commission of India, its powers and functions
 
  • Article 324(1) of the Indian Constitution empowers the Election Commission of India (ECI) with the authority to oversee, guide, and manage the preparation of electoral rolls as well as the conduct of elections for both Parliament and the State Legislatures.
  • As per Section 21(3) of the Representation of the People Act, 1950, the ECI holds the right to order a special revision of the electoral roll for any constituency, or part of it, at any time and in a manner it considers appropriate.
  • According to the Registration of Electors’ Rules, 1960, the revision of electoral rolls may be carried out intensively, summarily, or through a combination of both methods, as directed by the ECI.
  • An intensive revision involves preparing an entirely new roll, while a summary revision deals with updating or modifying the existing one
 
4. How is SIR different from the National Register of Citizens (NRC)?
 
 
 
 
Aspect  Special Intensive Revision (SIR) National Register of Citizens (NRC)
Purpose To verify, update, and correct the electoral rolls so that all eligible voters are included and ineligible names are removed To identify legal citizens of India and detect illegal immigrants
Authority / Governing Body Conducted by the Election Commission of India (ECI) Conducted under the Ministry of Home Affairs (MHA)
Legal Basis Based on Article 324(1) of the Constitution, Section 21(3) of the Representation of the People Act, 1950, and the Registration of Electors' Rules, 1960. Governed by the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003
Scope Focuses only on Indian citizens aged 18 years and above who are eligible to vote Covers all residents of India (or a particular state) to determine their citizenship status
Nature of the Exercise A regular, recurring administrative exercise carried out to maintain accurate voter lists A special, large-scale verification exercise conducted under specific legal or political mandates.
Relation to Citizenship Does not determine citizenship — only eligibility to vote Directly determines citizenship status
 
 
5. What are the concerns related to SIR?
 

One of the major concerns is the erroneous deletion of eligible voters from the rolls.

  • Mistakes during house-to-house verification or data entry may lead to legitimate voters—especially migrants, daily-wage workers, and marginalized communities—being left out.

  • Such exclusions can directly affect voter participation and undermine the democratic process.

Despite the intensive verification, fake or duplicate names often remain due to poor coordination or outdated records.

  • Deaths, migrations, or multiple registrations in different constituencies are not always updated accurately.

  • This raises questions about the accuracy and credibility of the electoral rolls.

The SIR is a large-scale field operation requiring trained personnel, coordination among departments, and robust data systems.

  • Booth Level Officers (BLOs) are often overburdened with multiple duties and may not have sufficient time or training for thorough verification.

  • Limited digital infrastructure in rural areas can also hamper real-time data updates.

Electoral roll revisions, especially when conducted close to elections, can spark political allegations of bias or manipulation.

  • Parties may accuse each other or the Election Commission of targeting specific communities or constituencies.

  • Even unintentional errors can lead to trust deficits in the electoral process.

 
6. Way Forward
 
 
While the Special Intensive Revision is essential for ensuring clean and updated electoral rolls, its effectiveness depends on transparent procedures, proper training, digital accuracy, and public awareness.
Addressing these concerns is vital to maintain trust in the Election Commission and uphold the credibility of India’s democratic system
 
 
For Prelims: Special Intensive Revision (SIR), National Register of Citizens (NRC), Election Commission of India (ECI)
For Mains: GS II - Indian Polity
 
 

Previous year Question

1. Consider the following statements: (UPSC 2017)
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 only
C. 2 and 3 only
D. 3 only
Answer: D
 
2. Consider the following statements : (UPSC 2021)
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. 1 and 3
D. 2 and 3
Answer: B
 
Mains
 
1.To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC CSE 2017)
Source: Indianexpress
 
 

NATIONAL GREEN TRIBUNAL

 

1. Context

The National Green Tribunal (NGT) last month directed the Himachal Pradesh Public Works Department (HPPWD) and a private contractor to jointly pay ₹47.14 lakh in compensation to an aquaculturist in Himachal Pradesh after his fish farm was damaged by construction waste dumped during the building of a bridge

2. What is National Green Tribunal (NGT)?

  • The National Green Tribunal (NGT) is a specialized judicial body established in India to handle cases related to environmental protection and conservation.
  • It was established under the National Green Tribunal Act, of  2010, and its primary objective is to effectively and expeditiously address environmental disputes and promote sustainable development.
  • With the establishment of the NGT, India became the third country in the world to set up a specialized environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
     
  • NGT is mandated to make disposal of applications or appeals finally within 6 months of the filing of the same.
  • The NGT has five places of sittings, New Delhi is the Principal place of sitting, and Bhopal, Pune, Kolkata and Chennai are the other four.

3. Structure of the National Green Tribunal (NGT)

  • Chairperson: The NGT is headed by a full-time Chairperson who is a retired judge of the Supreme Court of India. The Chairperson is responsible for the overall administration and functioning of the tribunal.
  • Judicial Members: The NGT consists of judicial members who are retired judges of either the Supreme Court or a High Court. These members have extensive legal knowledge and experience in handling environmental matters.
  • Expert Members: The tribunal also includes expert members who possess expertise in areas such as environmental science, ecology, hydrology, and forestry. These members provide valuable technical insights and guidance in the resolution of environmental disputes.
  • The NGT is organized into multiple benches located across different regions of India. These benches are responsible for hearing cases specific to their respective jurisdictions. Each bench is headed by a judicial member and consists of one or more expert members, as required.

4. What are the Important Landmark Judgements of NGT?

The National Green Tribunal (NGT) has delivered several landmark judgments that have had a significant impact on environmental protection and conservation in India. Here are some of the important landmark judgments delivered by the NGT:

  • Vardhaman Kaushik v. Union of India (2013): This case dealt with the issue of groundwater depletion due to illegal extraction by industries in Uttar Pradesh. The NGT directed the closure of industries that were extracting groundwater without proper permissions and ordered the payment of compensation for environmental damage caused.
  • Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors. (2014): In this case, the NGT ordered the closure of an industrial unit in Gujarat for releasing untreated effluents into a water body, causing pollution and harm to the environment and public health.
  • M.C. Mehta v. Union of India (2014): The NGT issued a landmark judgment in this case regarding the pollution of the Yamuna River. It directed several measures to clean and rejuvenate the river, including the establishment of sewage treatment plants and the regulation of industries contributing to pollution.
  • Subhash Chandra Sharma v. Union of India (2015): This case focused on the issue of air pollution caused by solid waste burning in open areas. The NGT imposed a ban on burning waste in open spaces and directed municipal authorities to take measures to manage waste effectively.
  • Raghu Nath Sharma v. State of Himachal Pradesh (2016): The NGT ordered the closure of illegal hotels and structures in the eco-sensitive Rohtang Pass area of Himachal Pradesh to protect the fragile Himalayan ecosystem.
  • Yamuna Muktikaran Abhiyan v. Union of India (2017): This case dealt with the rejuvenation of the Yamuna River and led to the NGT issuing directions to clean and restore the river, including measures to prevent encroachments and pollution.
  • M.C. Mehta v. Union of India (2017): The NGT banned the use of disposable plastic in Delhi and the National Capital Region (NCR) and directed authorities to take steps to prevent the use and sale of such plastic.
  • Shailesh Singh v. Hotel Holiday Regency (2019): In this case, the NGT imposed heavy fines on a hotel in Shimla, Himachal Pradesh, for causing air pollution by running diesel generators without proper emission control measures.
  • Subhash Chandran vs. Tamil Nadu Pollution Control Board (2020): This judgment highlighted the importance of safeguarding coastal areas and wetlands from unauthorized construction and development activities, emphasizing the need for stringent environmental norms.
  • In Re: Report by Comptroller and Auditor General of India (2021): The NGT directed the formulation of guidelines for the regulation of groundwater extraction and management to prevent overexploitation and depletion.

5. What is a dissolved oxygen level?

  • Dissolved oxygen (DO) level refers to the concentration of oxygen gas (O2) that is dissolved in a liquid, typically water.
  • It is a crucial parameter in aquatic ecosystems as it directly affects the survival and well-being of aquatic organisms.
  • In natural water bodies like lakes, rivers, and oceans, oxygen dissolves from the atmosphere through processes such as diffusion and aeration.
  • Aquatic plants, algae, and phytoplankton also contribute to the production of oxygen through photosynthesis. However, the level of dissolved oxygen can fluctuate based on various factors, including temperature, altitude, water flow, pollution, and organic matter decomposition.
  • Dissolved oxygen is essential for aquatic organisms because they rely on it for their respiration process, similar to how animals breathe oxygen from the air.
  • Insufficient levels of dissolved oxygen can lead to hypoxia, a condition where organisms are deprived of the oxygen they need to survive. This can result in stress, reduced growth, reproductive issues, and even mortality in aquatic species.

Different species of aquatic organisms have varying tolerance levels for dissolved oxygen. For example:

  • Fish and other aquatic animals often require dissolved oxygen levels between 4 to 6 milligrams per liter (mg/L) to thrive.
  • Some species of fish, insects, and other aquatic organisms can tolerate lower levels of dissolved oxygen, even below 2 mg/L, while others require higher concentrations.

6. What are chemical oxygen demand and biological oxygen demand?

Chemical Oxygen Demand (COD):

  • COD is a measure of the amount of oxygen required to chemically oxidize and break down organic and inorganic substances present in water.
  • It provides an indication of the total amount of pollutants that can be chemically oxidized by a strong oxidizing agent. COD is expressed in milligrams per liter (mg/L) of oxygen consumed.
  • COD is useful in assessing the overall pollution load in a water sample, including both biodegradable and non-biodegradable substances.
  • It is commonly used for industrial wastewater monitoring, as it provides a rapid estimation of the organic content and potential pollution levels. However, COD does not differentiate between different types of pollutants or indicate the potential impact on aquatic life.

Biological Oxygen Demand (BOD):

  • BOD measures the amount of dissolved oxygen consumed by microorganisms (bacteria) during the biological degradation of organic matter in water.
  • It is a key indicator of the level of biodegradable organic pollutants present in water. BOD is expressed in milligrams per liter (mg/L) of oxygen consumed over a specific time period, usually 5 days (BOD₅).
  • BOD is particularly important in assessing the impact of organic pollution on aquatic ecosystems.
  • High BOD levels indicate that a water body may have a significant amount of organic pollutants, which can lead to oxygen depletion as microorganisms break down the organic matter. This oxygen depletion, known as hypoxia, can harm aquatic organisms and disrupt the ecological balance of the water body.

Comparing BOD and COD:

  • BOD primarily measures the biologically degradable organic matter and provides information about the potential impact on aquatic life.
  • COD measures both biologically and chemically degradable pollutants, giving an indication of the overall pollution load and oxygen demand.
  • BOD is a more specific and ecologically relevant parameter, but it takes longer to determine (5 days), while COD can be measured more quickly.
For Prelims: National Green Tribunal (NGT), National Green Tribunal Act, of  2010, Dissolved oxygen (DO), Chemical Oxygen demand (COD), and Biological Oxygen Demand (BOD).
For Mains: 1. Discuss the significance of Chemical Oxygen Demand (COD) and Biological Oxygen Demand (BOD) as critical indicators for assessing water pollution and quality. (250 Words)
 

Previous year Question

1. How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)? (UPSC 2018)
1. The NGT has been established by an Act whereas the CPCB has been created by the executive order of the Government.
2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: B
 
2. The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India? (UPSC 2012)
1. Right of a healthy environment, construed as a part of the Right to life under Article 21
2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1)
3. Powers and functions of Gram Sabha as mentioned under Article 243(A)
Select the correct answer using the codes given below:
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Source: The Indian Express
 
 

DIRECTORATE OF ENFORCEMENT (ED)

 

1. Context

The West Bengal government in the Supreme Court on Wednesday said the Directorate of Enforcement (ED) is being “weaponised” by the Centre to tackle down political rivals in non-BJP-ruled States while the central agency retorted that it is being “terrorised” by the Mamata Banerjee government.

2. About the Directorate of Enforcement 

The Directorate of Enforcement (ED) is a law enforcement agency in India that operates under the Department of Revenue, Ministry of Finance. It is responsible for enforcing economic laws and fighting financial crimes in the country. The primary objective of the Directorate of Enforcement is to enforce the provisions of two major laws:

  • Foreign Exchange Management Act (FEMA): This law deals with foreign exchange and foreign trade in India. The ED ensures compliance with FEMA regulations and investigates violations related to foreign exchange transactions.

  • Prevention of Money Laundering Act (PMLA): The ED is also responsible for implementing the provisions of the PMLA, which focuses on preventing money laundering and combating the financing of terrorism. It investigates cases related to money laundering and takes appropriate action against those involved.

The Directorate of Enforcement plays a crucial role in maintaining the economic stability of the country by addressing financial offenses and ensuring compliance with relevant laws. It conducts investigations, searches, and seizures, and has the authority to attach and confiscate properties acquired through illegal means

3. Establishment and History

  • The Directorate of Enforcement was established on 1st May 1956, as the "Enforcement Unit" within the Department of Economic Affairs.
  • Its primary focus was on preventing and detecting violations of the Foreign Exchange Regulation Act (FERA) of 1947.
  • Over the years, the agency's role expanded, and in 1999, the Enforcement Directorate was established as a separate entity under the Ministry of Finance.
  • The enactment of the Prevention of Money Laundering Act (PMLA) in 2002 further broadened its jurisdiction, giving it the power to investigate cases related to money laundering.
  • Since its establishment, the ED has played a crucial role in combating economic offences and ensuring compliance with economic laws in India.
  • It has been involved in several high-profile cases, including those related to financial scams, money laundering by influential individuals, and cross-border financial crimes.
  • The ED collaborates with various domestic and international agencies, including financial intelligence units, law enforcement agencies, and Interpol, to gather information, share intelligence, and effectively coordinate efforts to combat economic offences.

4. Functions and Roles of ED

4.1. Enforcing Economic Laws

  • The primary function of the ED is to enforce two key economic laws in India: the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA).
  • It ensures compliance with these laws and investigates money laundering, foreign exchange violations, and economic fraud cases.

4.2. Money Laundering Investigations

  • The ED investigates cases involving money laundering, which is the process of concealing the origins of illegally obtained money to make it appear legitimate.
  • It identifies and seizes properties and assets derived from illicit activities and prevents their further use.

4.3. Foreign Exchange Violations

  •  The ED is responsible for investigating cases related to violations of foreign exchange laws and regulations.
  • It monitors and controls foreign exchange transactions to maintain the stability of the Indian rupee and prevent illegal activities such as smuggling and illegal money transfers.

4.4 Financial Frauds

  • The ED also investigates and takes action against financial frauds, including bank frauds, Ponzi schemes, and other fraudulent activities affecting the Indian financial system.
  • It works closely with other law enforcement agencies, such as the Central Bureau of Investigation (CBI), to tackle complex financial crimes.

5.  Challenges

5.1. The complexity of economic crimes.

  • Economic crimes are often complex and involve a variety of financial transactions.
  • This can make it difficult for the ED to trace the proceeds of crime and to build a case against the perpetrators.

5.2. The difficulty of tracing the proceeds of crime

  • The proceeds of crime are often hidden in complex financial structures, making it difficult for the ED to track them down.
  • The ED also faces challenges in obtaining information from foreign jurisdictions, where the proceeds of crime may have been transferred.

5.3. The lack of international cooperation

  • Economic crime is often transnational, making it difficult for the ED to cooperate with foreign law enforcement agencies.
  • This is due to differences in legal systems, as well as political and economic considerations.

5.4. Political interference

  • The ED has been accused of being used as a political tool by the ruling party to target its opponents and critics.
  • This has raised questions about the independence and impartiality of the ED.

5.5. Lack of transparency

  • The ED has been criticized for its lack of transparency.
  • The agency does not publish its annual reports, and it is difficult to obtain information about its investigations.
  • This has made it difficult for the public to hold the ED accountable.

5.6. Human rights violations

  •  The ED has been accused of violating the human rights of those it investigates.
  • The agency has been accused of using coercive tactics, such as prolonged detention and interrogation, to extract confessions from suspects.

5.7. The limited resources

  • The ED is a relatively small agency with limited resources.
  • This can make it difficult for the ED to investigate complex economic crimes and prosecute the perpetrators.

6. Conclusion

  • The Directorate of Enforcement in India plays a crucial role in enforcing economic laws, preventing money laundering, and combating financial crimes.
  • With its specialized expertise, investigative capabilities, and coordination with domestic and international partners, the ED contributes to the integrity of the financial system, national security, and the country's overall socio-economic development.
For Prelims: Directorate of Enforcement, Financial Action Task Force, Prevention of Money Laundering Act (PMLA), the Foreign Exchange Management Act (FEMA), Supreme Court, Foreign Exchange Regulation Act (FERA) of 1947, Central Bureau of Investigation, 
For Mains: 
1. Discuss the establishment and evolution of the Directorate of Enforcement in India. Explain its key functions and roles in combating economic offences. (250 Words)
 
 

Previous Year Questions

1. Which one of the following is not correct in respect of Directorate of Enforcement ? (CDS  2021)
A. It is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance.
B. It enforces the Foreign Exchange Management Act, 1999.
C. It enforces the Prevention of Money Laundering Act, 2002.
D. It enforces the Prohibition of Benami Property Transaction Act, 1988.
 
Answer: D
 
2. The Prevention of Money Laundering Act, 2002 become effective since which one of the following dates? (UKPSC RO/ARO 2012)
 
A. July 2002          B. August 2003        C. July 2004         D. July 2005
 
Answer: D
 
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC  2013)
A. 1991         B. 1997         C. 2000             D. 2007
 
Answer: C
 
4. The Foreign Exchange Regulation Act was replaced by the ______ in India. (SSC Steno 2020) 
A. Foreign Exchange Currency Act
B. Foreign Exchange Finances Act
C. Foreign Exchange Funds Act
D. Foreign Exchange Management Act
 
Answer: D
 
5. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017) 
A. Union             B. State             C. Global          D. Concurrent
 
Answer: A
 
Source: The Indian Express
 
 

RAJYA SABHA ELECTIONS

 
 
 
1. Context
 
The Election Commission announced on Wednesday that biennial elections to 37 Rajya Sabha seats across 10 States will be held on March 16.
 
 
2. The procedure of Nomination and Election in the Rajya Sabha
 
 

The Rajya Sabha, or the Council of States, is the upper house of India's Parliament. It is a permanent body and is not subject to dissolution. Members of the Rajya Sabha are not directly elected by the people; they are either nominated by the President of India or elected by the members of the State Legislative Assemblies. The procedure for nomination and election in the Rajya Sabha is as follows:

  • The President of India can nominate up to 12 members to the Rajya Sabha who have special knowledge or practical experience in literature, science, art, or social service. These nominations are made on the advice of the Prime Minister.
  • The remaining members of the Rajya Sabha are elected by the members of the State Legislative Assemblies. Each state is allocated a certain number of seats in the Rajya Sabha based on its population. The members of the Legislative Assembly vote to elect representatives to fill these seats.
  • If a vacancy arises in the Rajya Sabha due to resignation, death, or disqualification of a member, it is filled through a by-election or a nomination, depending on the circumstances.
  • Members of the Rajya Sabha serve a term of six years, and one-third of the members retire every two years. This ensures that the Rajya Sabha is a permanent body and that it is not dissolved at the same time as the Lok Sabha, or the lower house of Parliament.
  • To be eligible for membership in the Rajya Sabha, a person must be a citizen of India, at least 30 years old, and possess other qualifications as prescribed by Parliament. Members of the Rajya Sabha are not subject to any territorial representation.
  • A person can be disqualified from being a member of the Rajya Sabha if they hold an office of profit under the Government of India or any state government if they are of unsound mind, if they are an undischarged insolvent, or if they are disqualified by any law made by Parliament.
  • Members of the Rajya Sabha enjoy certain privileges and immunities, such as freedom of speech and debate, immunity from civil and criminal proceedings for anything said or done in the course of their duties, and the right to participate in the proceedings of the House.
  • The Rajya Sabha plays a crucial role in the legislative process by reviewing and amending bills passed by the Lok Sabha, initiating legislation, and scrutinizing the work of the government. It also has the power to impeach the President of India and to remove judges of the Supreme Court and the High Courts.
  • The Rajya Sabha is composed of 245 members, of which 233 are elected by the members of the State Legislative Assemblies and 12 are nominated by the President of India.
 
3. Members of Rajya Sabha-Eligibility, Qualification (Article 84), Disqualification (Article 102)

The eligibility, qualifications, and disqualifications of members of the Rajya Sabha as outlined in the Indian Constitution

Eligibility Criteria (Article 84)

  1. Citizenship: A person must be a citizen of India to be eligible for membership in the Rajya Sabha.
  2. Age: The minimum age required for a person to become a member of the Rajya Sabha is 30 years.
  3. Other Qualifications: The person must possess other qualifications as prescribed by Parliament. While the Constitution does not specify these qualifications, they may include factors such as educational background, professional experience, or contributions to public service.

Qualifications (Article 84)

The Constitution of India doesn't explicitly list qualifications for membership in the Rajya Sabha. It leaves this matter to be determined by Parliament. Consequently, the Parliament has enacted the Representation of the People Act, 1951, which lays down the qualifications for membership in both the Rajya Sabha and the Lok Sabha.

According to the Representation of the People Act, 1951, a person is qualified to be chosen as a member of the Rajya Sabha if they:

  1. Are registered as an elector for any parliamentary constituency.
  2. Are at least 30 years of age.
  3. Possess such other qualifications as may be prescribed on that behalf by or under any law made by Parliament.

Disqualifications (Article 102)

Article 102 of the Indian Constitution lays down the grounds for disqualification of a member of either House of Parliament, which includes the Rajya Sabha. A person shall be disqualified for being chosen as and for being a member of the Rajya Sabha if they:

  1. Hold an office of profit under the Government of India or any State Government other than an office declared by Parliament by law not to disqualify its holder.
  2. Are of unsound mind and have been so declared by a competent court.
  3. Are an undischarged insolvent.
  4. Have voluntarily acquired the citizenship of a foreign state or have voluntarily acquired such citizenship by means unknown to the law of India.
  5. Are disqualified by or under any law made by Parliament.

These provisions ensure that members of the Rajya Sabha are qualified individuals who are dedicated to serving the interests of the nation and its people, and they prevent conflicts of interest or undue influence in the legislative process.

 

4. Article 80 of the Constitution of India

Article 80 of the Constitution of India pertains to the composition of the Council of States, commonly known as the Rajya Sabha, which is the upper house of the Indian Parliament. 

  1. Composition of the Council of States (Rajya Sabha): Article 80 specifies that the Rajya Sabha shall consist of not more than 250 members, of whom:

    • Not more than 238 members shall be representatives of the States and of the Union territories.
    • Not more than 12 members shall be nominated by the President of India.
  2. Representation of States and Union territories: The members representing the States and Union territories in the Rajya Sabha are elected by the elected members of the Legislative Assembly of the State or Union territory, as per the system of proportional representation using the single transferable vote.
  3. Allocation of Seats: The allocation of seats in the Rajya Sabha to each State and Union territory is determined by the Parliament through laws made by it.
  4. Nomination by the President: The President of India has the power to nominate members to the Rajya Sabha, including persons having special knowledge or practical experience in literature, science, art, and social service. These nominated members are appointed by the provisions made by Parliament.
  5. Representation of Union territories: The representation of Union territories in the Rajya Sabha is provided to ensure their participation in the legislative process, despite not having a Legislative Assembly of their own.
  6. Term of Office: The term of office for members of the Rajya Sabha is six years. However, one-third of the members retire every two years, ensuring continuity in the functioning of the House.

 

5. Special Powers of Rajya Sabha (Article 249 and Article 312)

Article 249 and Article 312 of the Indian Constitution confer special powers upon the Rajya Sabha, the upper house of the Parliament of India, in certain circumstances. These articles provide for the Rajya Sabha to play a significant role in the legislative process, especially concerning the creation of new All India Services and the enactment of laws on matters in the State List.

  • Article 249: This article empowers the Rajya Sabha to legislate on matters enumerated in the State List (List II of the Seventh Schedule) of the Constitution. The Rajya Sabha can do so if it is in the national interest and if the Lok Sabha has passed a resolution to that effect by a two-thirds majority. The resolution must declare that it is necessary or expedient in the national interest that Parliament should make laws on the specified matter.
  • Article 312: This article provides for the creation of new All India Services (AIS) by Parliament if it is deemed necessary. The Rajya Sabha plays a crucial role in this process. If the Rajya Sabha passes a resolution by a two-thirds majority declaring that it is necessary or expedient in the national interest to create a new AIS, then Parliament can create such a service. The resolution must be supported by not less than two-thirds of the members present and voting.

 

6. The Way Forward

India can ensure that Rajya Sabha elections are conducted with integrity, transparency, and inclusivity, thereby fortifying the foundation of its democratic institutions and advancing the nation's progress towards equitable and effective governance.

 

For Prelims: Rajya Sabha, Parliament, Article 249, Article 312, Special Provisions, Article 84, Article 102

For Mains: 
1. Explain the procedure of nomination and election in the Rajya Sabha. How are the members of the Rajya Sabha chosen, and what are the criteria for their eligibility? (250 Words)
2.  Critically evaluate the role of the Rajya Sabha in the Indian parliamentary system. Identify any challenges faced by the house and suggest potential reforms.  (250 Words)
 
 

Previous Year Questions

1. Consider the following statements: 
The Parliamentary Committee on Public Accounts (UPSC 2013)
1. consists of not more than 25 members of the Lok Sabha.
2. scrutinizes appropriation and finance accounts of the Government.
3. examines the report of the Comptroller and Auditor General of India.
Which of the statements given above is/are correct?
A. 1 only     B. 2 and 3 only      C. 3 only         D. 1, 2 and 3
 
 
2. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? (UPSC 2018)
A. Committee on Government Assurances
B. Committee on Subordinate Legislation
C. Rules Committee
D. Business Advisory Committee
 
 
3. According to the Representation of the People Act, 1951, in the event of a person being elected to both houses of Parliament, he has to notify within ______ days in which house he intends to function. (Delhi Police Constable 2020) 
A. 22       B. 10        C.  20            D. 15
 

4. Regarding Money bill, Which of the following statements is not correct? (UPSC 2018)

A. A bill shall be deemed to be a money bill if it contains only provisions relating to imposition, abolition, remission, alteration or regulation of any tax
B. A Money bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India
C. A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India
D. A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India

Answer: 1-B, 2-B, 3-B, 4-C

Source: The Indian Express

 

SIMULTANEOUS ELECTIONS

 
 
1. Context
The Joint Parliamentary Committee (JPC) examining the Bill on simultaneous elections is considering a provision that would bar the introduction of a no-confidence motion against an incumbent government if only one year of its term remains
 
2. About Simultaneous elections

Simultaneous elections(One Nation One Election) in India refer to the idea of holding the Lok Sabha (parliamentary) and state legislative assembly elections across the country at the same time, rather than the current system of staggered elections where polls are held at different times for different states and union territories. This concept has been a topic of discussion and debate in Indian politics for several years.

Key characteristics related to simultaneous elections in India:

  1. Current Election System: India follows a federal system of government, which means that elections are held separately for the Lok Sabha (federal parliament) and state legislative assemblies. Furthermore, the terms of different state assemblies can vary, leading to elections happening at different times across the country.

  2. Arguments in Favor:

    • Cost and Resource Efficiency: Conducting elections at different times is expensive and requires significant resources. Simultaneous elections could save time and money.
    • Stability and Governance: Proponents argue that simultaneous elections can provide more political stability and allow governments to focus on governance instead of frequent election campaigning.

  3. Challenges and Concerns:

    • Constitutional Hurdles: Implementing simultaneous elections would require constitutional amendments, as the terms of state assemblies cannot be easily synchronized with the Lok Sabha.
    • Logistical Challenges: Organizing simultaneous elections for a country as vast and diverse as India is a complex logistical challenge.
    • Impact on Regional Parties: Smaller regional parties are concerned that simultaneous elections might undermine their ability to campaign effectively.
2. Electronic Voting Machines (EVMs)
Electronic Voting Machines (EVMs) are electronic devices used for voting in elections, primarily in India. EVMs have become an integral part of the electoral process in many countries, offering several advantages over traditional paper ballot systems
EVMs were introduced in India in the 1980s as a replacement for the traditional paper ballot system. The aim was to make the voting process more efficient, transparent, and less prone to electoral fraud
 
Key characteristics of EVMs:

Components of an EVM:

  • Control Unit: This is the main unit of the EVM. It is operated by a polling officer and manages the authentication of voters.
  • Balloting Unit: This unit is where voters cast their votes. It is connected to the control unit and displays the list of candidates and their respective symbols
Working of EVMs
  • When a voter casts their vote by pressing the button next to their chosen candidate's name, the EVM records the vote electronically.
  • EVMs are designed to ensure secrecy and prevent double voting.
  • After the election, the data stored in the EVMs is used to tally the votes
Challenges
  • EVMs are designed with multiple layers of security to prevent tampering or hacking.
  • They use a one-time programmable (OTP) chip to store voting data securely.
  • Before and after elections, EVMs are subject to rigorous testing and sealing to ensure their integrity
3.Voter Verifiable Paper Audit Trail (or VVPAT)
  • Voter Verifiable Paper Audit Trail (VVPAT) machines are used during election process to verify that the vote polled by a voter goes to the correct candidate.
  • VVPATs are a second line of verification and are particularly useful in the time when allegations around Electronic Voting Machines’ tampering crop up.
  • Parties have been making regular demands for VVPATs to be used during elections after alleging EVMs may not be completely secure and tamper proof.
    VVPAT system gives instant feedback to the voter showing that the vote polled has in fact been allotted against the candidate chosen.
  • After a voter presses the button on the EVM against the chosen candidate, the VVPAT prints a slip containing name of the candidate and the election symbol and drops it automatically into a sealed box. The machines give the chance for the voter to verify their vote.
  • The machine is placed in a glass case in a way that only the voter can see it. The slip is displayed to the voter for seven seconds after which the VVPAT machine cuts it and drops in into the storage box with a beep. The machines can be accessed, though, by the polling officials and not by the voter.
4. Way forward
If elections were to be held simultaneously in 2029, the EC would require a total of 53.76 lakh ballot units, 38.67 lakh control units, and 41.65 lakh VVPATs. The anticipated shortfall is 26.55 lakh ballot units, 17.78 lakh control units and 17.79 lakh VVPATs, for which the government would need to allocate close to Rs 8,000 crore. The increased demand for voting machines and VVPATs in 2029 is due to the growing number of voters and polling stations. The latter is expected to increase from 11.8 lakh in 2024 to 13.57 lakh in 2029
 
 
 
 
For Prelims:  Indian Polity and Governance
For Mains:  General Studies II: Salient features of the Representation of People’s Act
 
Previous Year Questions
 
1. The Voter Verifiable Paper Audit Trail (VVPAT) system was used for the first time by the Election Commission of India in (UPSC CSE 2019)
A. North Paravur Assembly Constituency
B. Kerala Noksen Assembly Constituency
C. Nagaland Mapusa Assembly Constituency, Goa
D. Nambol Assembly Constituency, Manipur
Answer (B)
 
Source: indianexpress
 
 

DENOTIFIED, NOMADIC, SEMI-NOMADIC TRIBES (DNTs)

 
 
 
1. Context
 
 
On January 30, the Union government assured community leaders from Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs) that the Office of the Registrar General and Census Commissioner of India had agreed to enumerate these communities in the upcoming second phase of the Census due in 2027. 
 
 
2. Who are the Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs)?
 
 
  • Communities now described as denotified, nomadic, and semi-nomadic tribes were once branded as “criminal” by colonial authorities. British administrators believed that certain groups were inherently inclined toward criminal activity.
  • This belief was formalized through the Criminal Tribes Act (CTA) of 1871, enacted in the same year as the commencement of systematic population censuses in India.
  • The CTA of 1871 aimed at the registration, monitoring, and regulation of communities labelled as criminal tribes and eunuchs. It defined such groups as tribes, gangs, or classes of people supposedly predisposed to committing non-bailable offences.
  • While presenting the Act, the then Member for Law and Order, T.V. Stephens, argued that India’s caste-based social structure justified this approach. He claimed that “professional criminals” were entire tribes whose ancestors had been offenders for generations, whose social customs compelled them to commit crimes, and whose descendants would inevitably violate the law.
  • The Government of India repealed the CTA in 1952, after the law had undergone multiple amendments. With its repeal, the communities earlier classified as criminal were officially “denotified,” and subsequently came to be known as Denotified Tribes (DNTs).
  • However, the same year also witnessed the enactment of habitual offender laws across various States. Although these laws removed the idea of inherited criminality, they introduced the category of “habitual offenders.”
  • In practice, this resulted in the continued surveillance and marginalisation of the same communities—no longer labelled as criminals by birth, but still subjected to systemic targeting under a different legal framework
 
3. History of their Enumeration
 
 
  • Although both the Criminal Tribes Act (CTA) and the first synchronous Census operations in India commenced in 1871, Census documents began explicitly referring to “criminal tribes” only from 1911 onward.
  • The provincial Census reports of 1911 and 1931 shed light on how these communities were officially recorded and categorized under that label. The 1931 Census marked the final instance when such groups were distinctly enumerated.
  • After the repeal of the CTA and the subsequent denotification of these communities, later Censuses discontinued their separate identification. This decision was consistent with the post-Independence policy that caste enumeration—except for Scheduled Castes and Scheduled Tribes—was unnecessary.
  • Efforts to address the condition of these communities, however, had already begun prior to their formal denotification. In 1949, the government established the Ayyangar Commission to examine related issues.
  • By 1952, with the recognition of “backward classes” as a category distinct from SCs and STs, many denotified groups were included in such lists under the term “Vimukt Jatis.”
  • Over the decades following Independence, most of these communities were gradually incorporated into the categories of SCs, STs, or Other Backward Classes.
  • In 1998, noted writer Mahasweta Devi and scholar G. N. Devy initiated the Denotified, Nomadic and Semi-Nomadic Tribes Rights Action Group (DNT-RAG).
  • Their advocacy contributed to the creation of a technical advisory group and eventually led to the formation of the first National Commission for Denotified, Nomadic and Semi-Nomadic Tribes under the chairmanship of B. S. Renke.
  • This Commission submitted its recommendations for the welfare of DNTs in 2008. Subsequently, another national commission was constituted under Bhiku Ramji Idate, which presented its report in 2017.
  • Each of these commissions underscored the fundamental challenge of properly identifying and classifying DNT communities, emphasizing that comprehensive and accurate categorization would require a dedicated Census enumeration.
  • According to the Idate Commission’s most recent assessment, nearly 1,200 communities were identified as belonging to the DNT category, most of which had already been placed within the existing SC, ST, or OBC lists.
  • In addition, the Commission identified approximately 268 denotified communities that remained unclassified. A study commissioned by NITI Aayog and conducted by the Anthropological Survey of India recommended appropriate classification for these 268 groups. However, the findings of this study have not been implemented and currently remain pending consideration
 
4. What is their Status now?
 
 
  • In several States, Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs) have been included within backward class categories, as well as in the SC and ST lists. In some instances, they have benefited from reservation policies, particularly where sub-classification has ensured targeted distribution of benefits.
  • Additionally, certain State governments have introduced welfare measures designed specifically for these communities.
  • Despite these initiatives, DNT representatives contend that the social stigma attached to them has persisted even after their denotification, largely due to the continued enforcement of laws such as the Habitual Offenders Act.
  • They argue that such legal frameworks have perpetuated discrimination, leaving most DNT communities socially, economically, educationally, and politically marginalized.
  • Only a limited number of relatively settled groups have managed to achieve some degree of advancement by leveraging available opportunities.
  • Although the Idate Commission had proposed the establishment of a permanent national body dedicated to DNTs, the first government led by Narendra Modi concluded that a Welfare Board would be adequate, given that most DNT communities had already been accommodated within the SC, ST, or OBC categories.
  • Subsequently, the Ministry of Social Justice introduced the SEED (Scheme for Economic Empowerment of DNTs) programme to support livelihood generation, education, housing, and healthcare initiatives for these groups.
  • However, only a small portion of the allocated ₹200 crore budget has reportedly been utilized over the past five years. A major implementation challenge has been the requirement that beneficiaries obtain a DNT certificate for eligibility.
  • This certification is meant to exist alongside SC, ST, or OBC status where applicable. Community leaders across various States have consistently raised concerns that DNT certificates are not being issued in most regions, despite repeated communications from the Central government.
  • Official data indicates that only a limited number of districts across a handful of States currently provide such certification.
  • This administrative bottleneck has intensified demands among DNT groups for a distinct constitutional category, equivalent to SC, ST, and OBC classifications. Advocates argue that such recognition would standardize the issuance of DNT certificates nationwide.
  • There have also been calls for internal sub-categorisation within the DNT grouping to address disparities in levels of backwardness among different communities.
  • Furthermore, leaders and organizations such as the All India Denotified Nomadic Tribes Development Council have framed their campaign for separate classification as a quest for formal acknowledgment of the historical discrimination and stigma imposed upon them.
  • They maintain that colonial authorities branded them as “criminal” primarily because of their resistance to foreign rule.
  • Some community representatives also emphasize that their ancestors had served as defenders against external invasions, including during periods preceding colonial rule, and had histories of opposing certain Islamic regimes
 
5. Way Forward
 
 

Beyond verbal commitments to community representatives that they would be included in official counts, there has been no clarity regarding the methodology or mechanism for carrying out such enumeration.

Organizations representing Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs) have explicitly called for the inclusion of a dedicated column or question in Census questionnaires to enable their proper identification. This position has also been supported by scholars such as G. N. Devy, who have consistently advocated for a separate Census exercise specifically focused on DNT communities.

Nevertheless, official statements from the Union Government suggest that there is currently no plan to introduce a separate classification category for DNTs in the Census

 

For Prelims: Scheduled Tribes, Particularly Vulnerable Tribal Groups, Kudmis, Mundas, Oraons, Santhals, Article 366 (25), Article 342, Backward Classes Commission 1955, the Advisory Committee (Kalelkar), on Revision of SC/ST lists (Lokur Committee), 1965 and the Joint Committee of Parliament on the Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill 1967 (Chanda Committee), 1969, Goa, Daman & Diu Reorganization Act 1987
 
For Mains: 
1. Who are Particularly Vulnerable Tribal Groups? Discuss the criterion for the specification of a community as Scheduled tribes. (250 Words)

 

Previous Year Questions

1. Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:  (UPSC 2019)
1. PVTGs reside in 18 States and one Union Territory.
2. A stagnant or declining population is one of the criteria for determining PVTG status.
3. There are 95 PVTGs officially notified in the country so far.
4. Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct?
A. 1, 2 and 3             B.  2, 3 and 4               C. 1, 2 and 4               D. 1, 3 and 4

Answer: C

2. With reference to the history of India, "Ulgulan" or the Great Tumult is the description of which of the following events? (UPSC 2020)

A. The Revolt of 1857
B. The Mappila Rebellion of 1921
C. The Indigo Revolt of 1859 - 60
D. Birsa Munda's Revolt of 1899 - 1900

Answer: D

3. When did the Tana’ Bhagat Movement start?  (Jharkhand Civil Service 2015) 
A. April 1912             B. April 1913     C.  April 1914          D.  April 1915
 
Answer: C
 
4. Consider the following statements about the Santhal Hool of 1855 - 56: (UPSC CAPF)
1. The Santhals were in a desperate situation as tribal lands were leased out
2. The Santhal rebels were treated very leniently by British officials
3. Santhal inhabited areas were eventually constituted separate administrative units called Santhal parganas
4. The Santhal rebellion was the only major rebellion in mid-19th century India.
Which of the statements given above is/are correct? 
A. 1 only         B. 2 and 3    C. 1, 3 and 4     D. 1 and 3 only
 
Answer: D
 
 
5. After the Santhal Uprising subsided, what was/were the measure/measures taken by the colonial government? (UPSC 2018)
1. The territories called 'Santhal Paraganas' were created.
2. It became illegal for a Santhal to transfer land to a non-Santhal.
Select the correct answer using the code given below:
A. 1 only          B.  2 only             C. Both 1 and 2         D. Neither 1 nor 2
 
Answer: C
 
6. The National Commission for Backward Classes (NCBC) was formed by insertion of Article ______ in the Constitution of India. (SSC CGL 2020) 
A. 328B         B.  338A            C. 338B            D. 328A
 
Answer: B
 
 
7. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? (UPSC  2018)
 
A. Committee on Government Assurances
B. Committee on Subordinate Legislation
C. Rules Committee
D. Business Advisory Committee
 
Answer: B
 
8. Justice Madan B Lokur committee was set up to take steps to (Haryana Civil Services 2021)
A. Look into violation of environment rules.
B. Prevent stubble burning
C. Draft new water policy
D. Regulate digital lending
 
Answer: B
 
9. Match the pairs -  (Committees on Media) (MPSC 2019)
(A) (Name)                                    (B) (Year)
(a) Chanda Committee                   (i) 1982
(b) Kuldip Nayar Committee        (ii) August, 1977
(c) Verghese Committee               (iii) March, 1977
(d) P.C. Joshi Committee              (iv) 1964
 
1. (a) – (i), (b) – (ii), (c – (iii), (d) – (iv)
2. (a) – (i), (b) – (iii), (c – (ii), (d) – (iv)
3. (a) – (iv), (b) – (iii), (c – (ii), (d) – (i)
4. (a) – (iv), (b) – (ii), (c – (iii), (d) – (i)
 
Answer: 3
 
10. Consider the formation of the following States and arrange these in chronological order :  (UPPSC Combined State Exam 2021)
1. Goa
2. Telangana
3. Jharkhand
4. Haryana
Select the correct answer from the codes given below.
A. 1, 2, 3, 4       B. 4, 1, 3, 2       C. 3, 2, 4, 1          D. 4, 3, 1, 2
 
Answer: 2

Source: The Hindu

DIVERSITY IN JUDICIARY

 
 
1. Context
 
P. Wilson, senior advocate and Rajya Sabha MP of the Dravida Munnetra Kazhagam (DMK) party, has introduced a private member Bill to amend the Constitution in order to bring diversity in judicial appointments and set up regional benches of the Supreme Court
 
 
2. What does the Constitution provide?
 
Article 124 of the Constitution states that the President appoints judges of the Supreme Court in consultation with the Chief Justice of India (CJI). In the same manner, Article 217 lays down that High Court judges are appointed by the President after consulting the CJI, the concerned High Court’s Chief Justice, and the Governor of the respective State. Further, under Article 130, the Supreme Court is to function from Delhi, unless the Chief Justice of India, with the approval of the Central Government, designates another location as its seat
 
 
3. What is the collegium system?
 
 
  • According to the constitutional framework, judicial appointments were made by the government in consultation with the judiciary until the 1980s.
  • In the First Judges Case (1981), the Supreme Court ruled that the executive had primacy in appointing judges, on the ground that it is democratically accountable to the people.
  • However, to safeguard judicial independence and prevent political influence, the Supreme Court in the Second Judges Case (1993) introduced the collegium system for appointments. This position was reaffirmed in the Third Judges Case (1998).
  • Under the collegium system, appointments to the Supreme Court are recommended by a body comprising the Chief Justice of India (CJI) and four senior-most judges of the Supreme Court.
  • For High Court appointments, the collegium includes the CJI and two senior-most Supreme Court judges. The collegium initiates proposals for appointments and forwards its recommendations to the Central Government.
  • While the government may return a recommendation for reconsideration, if the collegium reiterates its view, the appointment becomes binding.
  • The collegium system has played a significant role in maintaining judicial independence from the executive in matters of appointments. However, it has faced criticism for its opacity and limited accountability.
  • Concerns have also been raised about alleged favoritism, including the appointment of relatives of sitting judges. In 2014, Parliament enacted the 99th Constitutional Amendment to establish the National Judicial Appointments Commission (NJAC), which was intended to recommend judicial appointments.
  • The proposed NJAC was to include the CJI, two senior Supreme Court judges, the Union Law Minister, and two eminent persons.
  • However, in 2015, the Supreme Court struck down the NJAC, holding that it violated the basic structure of the Constitution by undermining judicial independence. As a result, the collegium system continues to govern judicial appointments today
 
 
4. About this new private member's bill
 
 
  • The collegium system prioritizes merit while recommending appointments to the higher judiciary. However, it has been criticized for not adequately representing the country’s social diversity.
  • For example, among judges appointed to the higher judiciary between 2018 and 2024, only about one-fifth were from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
  • The representation of women has remained below 15%, while that of religious minorities is under 5%.
  • A Private Member’s Bill seeks to address this imbalance by mandating proportional representation for SCs, STs, OBCs, women, and religious minorities in appointments to the Supreme Court and High Courts, in line with their population share.
  • The Bill also proposes that the Central Government must notify collegium recommendations within a maximum period of 90 days.
  • Access to the Supreme Court is another concern, as it functions solely from Delhi, making it difficult for many citizens to approach the apex court. Additionally, over 90,000 cases were pending before the Supreme Court as of January 2026.
  • To tackle these challenges, the Bill suggests establishing regional benches of the Supreme Court in New Delhi, Kolkata, Mumbai, and Chennai.
  • These benches would exercise the Court’s full jurisdiction, except in matters involving substantial constitutional questions, which would continue to be heard by the Constitution Bench at the principal seat in Delhi.
 
 
5. Way Forward
 
 

The responsibility for promoting social diversity in judicial appointments largely rests with the judiciary, particularly through the collegium mechanism. The proposed Private Member’s Bill assumes significance because it seeks to establish a constitutional mandate to achieve greater inclusivity. As a long-term measure, the National Judicial Appointments Commission (NJAC) could be reconsidered with a more diversified composition. Its structure may be expanded to include members from the legislature, the Bar Council, and academia, similar to appointment frameworks followed in countries such as South Africa and the United Kingdom. Such a model would make the consultative process more representative and participatory, while ensuring adequate inclusion of SCs, STs, OBCs, minorities, and women.

Furthermore, as suggested earlier by Parliamentary Committees and the Law Commission, regional benches of the Supreme Court can be created within the existing constitutional framework. The Court could begin by establishing a bench in one region on a pilot basis and subsequently expand to other regions within a defined timeframe

 

 
For Prelims: Collegium system, National Judicial Appointments Commission (NJAC), Supreme court, Article 124, 99th Constitutional Amendment Act
For Mains: 
1. Discuss the evolution of the Supreme Court of India from its inauguration in 1950 to the present day. How has its structure and capacity evolved to meet the changing demands of the legal landscape? (250 Words)
2. Examine the constitutional provisions that govern the Supreme Court of India. How do these provisions delineate the powers, jurisdiction, and composition of the Supreme Court? (250 Words)
3. What are the key features of the National Judicial Appointments Commission (NJAC) Act, and how did it differ from the Collegium system? (250 Words)
4. How does the appointment process of judges in the Supreme Court of India, emphasise the role of the Collegium system? What are the concerns associated with this system, and do you believe reforms are necessary? (250 Words)
 
Previous Year Questions
 
1. With reference to the Indian judiciary, consider the following statements: (UPSC 2021)
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
A.  1 only      B. 2 only            C. Both 1 and 2                   D. Neither 1 nor 2
 
 
2. In India, Judicial Review implies (UPSC 2017)
A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders
B. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures
C. the power of the Judiciary to review all the legislative enactments before they are assented to by the President
D. the power of the Judiciary to review its own judgments given earlier in similar or different cases
 
 
3. Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, of 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct? 
A. 1 and 2           B. 3 only               C. 3 and 4 only                         D. 1, 3 and 4
4.The power to increase the number of judges in the Supreme Court of India is vested in (UPSC  2014)
A. the President of India
B. the Parliament
C. the Chief Justice of India
D. the Law Commission
5.The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (UPSC P 2014)
A. advisory jurisdiction
B. appellate jurisdiction.
C. original jurisdiction
D. writ jurisdiction
Answers: 1-A, 2-A, 3-C, 4-B, 5-C
 
 Source: The Hindu

 

 

 
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