CITIZENSHIP AMENDMENT ACT (CAA)
1. Context
The Supreme Court on Thursday scheduled the final hearing from May 5 in over 250 petitions challenging the Citizenship (Amendment) Act, 2019 and its Rules, which accelerate the grant of Indian citizenship to non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan
2. About the Citizenship Amendment Act 2019
The Citizenship Amendment Act (CAA) of 2019 is a controversial piece of legislation enacted by the Government of India on December 12, 2019. The act amends the Citizenship Act of 1955 to provide a pathway to Indian citizenship for certain religious minorities from neighbouring countries.
Key features of the Citizenship Amendment Act include
- Eligibility Criteria: The CAA grants eligibility for Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants who arrived in India from Afghanistan, Bangladesh, and Pakistan on or before December 31, 2014, and have faced religious persecution on their home countries.
- Exclusion of Muslims: Notably, the CAA excludes Muslims from its purview, leading to criticisms of religious discrimination and accusations of violating the secular principles enshrined in the Indian Constitution.
- Criticism and Protests: The Citizenship Amendment Act sparked widespread protests across India, with critics arguing that the act undermines the secular fabric of the nation and discriminates against Muslims. Protesters also raised concerns about the potential marginalisation of Muslim communities and the exclusionary nature of the legislation.
- Support from Government: The government defended the Citizenship Amendment Act, asserting that it aims to provide refuge and protection to persecuted religious minorities from neighbouring countries. The government argued that the act does not infringe upon the rights of Indian Muslims and is in line with the country's secular ethos.
- Legal Challenges: Several petitions challenging the constitutional validity of the Citizenship Amendment Act were filed in the Supreme Court of India. The court has heard arguments from both sides and is expected to deliver its judgment on the matter.
3. The current status of the Citizenship Amendment Act, of 2019
- The Ministry of Home Affairs (MHA) on March 11 notified the Citizenship Amendment Rules, 2024 that would enable the implementation of the Citizenship Amendment Act (CAA) passed by the Parliament in 2019.
- Though the legislation facilitates citizenship to undocumented people belonging to Hindu, Sikh, Buddhist, Parsi, Christian and Jain communities from Pakistan, Bangladesh and Afghanistan, the rules state that the applicants will have to provide six types of documents and specify “date of entry” in India.
4. The concerns associated with the Citizenship Amendment Act, of 2019
The Citizenship Amendment Act (CAA) of 2019 has sparked various concerns and criticisms, both domestically within India and internationally.
- One of the primary concerns regarding the CAA is its exclusion of Muslims from the list of religious minorities eligible for citizenship under the act. Critics argue that this selective approach based on religion goes against the secular principles enshrined in India's constitution and promotes religious discrimination.
- The CAA's focus on granting citizenship based on religious identity raises concerns about the secular nature of India's democracy. Critics argue that the act undermines the inclusive and pluralistic ethos of the country by favouring specific religious communities.
- Opponents of the CAA fear that the act, coupled with other proposed policies like the National Register of Citizens (NRC) and National Population Register (NPR), could have implications for the demographic composition of India. They raise concerns about the marginalisation and exclusion of certain communities, particularly Muslims, and the potential for statelessness among vulnerable populations.
- The constitutionality of the Citizenship Amendment Act has been challenged in the Supreme Court of India. Critics argue that the act violates the fundamental rights guaranteed by the Indian Constitution, including the right to equality and non-discrimination.
- The implementation of the CAA has led to social and political polarization within India. The act has become a contentious issue, leading to protests, debates, and divisions along religious and ideological lines.
- The CAA has also attracted international attention and scrutiny, with concerns raised by human rights organizations and foreign governments regarding religious freedom, minority rights, and the potential impact on vulnerable communities.
5. The Indian ideas and rules of citizenship in the Constitution before the Citizenship Amendment Act (CAA), 2019
Before the enactment of the Citizenship Amendment Act (CAA) in 2019, the principles and rules of citizenship in India were primarily governed by the Constitution of India, which came into effect on January 26, 1950. The Constitution lays down the framework for citizenship and enshrines certain fundamental rights and principles related to citizenship.
- Citizenship by Birth: According to Article 5 of the Indian Constitution, any person born in India on or after January 26, 1950, but before July 1, 1987, was automatically considered a citizen of India by birth, regardless of the nationality of their parents.
- Citizenship by Descent: Individuals born outside India on or after January 26, 1950, but before July 1, 1987, were eligible for Indian citizenship if either of their parents was a citizen of India at the time of their birth.
- Citizenship by Registration: The Constitution provides provisions for certain categories of persons to acquire Indian citizenship through registration. This includes persons of Indian origin who have resided in India for a specified period and meet other criteria prescribed by law.
- Citizenship by Naturalization: Foreigners who have resided in India for a specified period and fulfilled other conditions prescribed by law were eligible to apply for Indian citizenship through naturalization.
- Citizenship by Incorporation of Territory: Any territory that became part of India through accession or merger automatically conferred Indian citizenship on its inhabitants as per the provisions of the Constitution.
- Fundamental Rights: The Constitution guarantees certain fundamental rights to all citizens of India, regardless of their religion, ethnicity, or place of birth. These rights include the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.
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Citizenship Act, 1955: This act, enacted based on the Constitution's provisions, outlined ways to acquire Indian citizenship. Here are the main routes:
- Birth: Being born in India (with some limitations) granted citizenship.
- Descent: Children born to Indian parents abroad could become citizens.
- Registration: People of Indian origin residing in India for seven years could register.
- Naturalization: Foreigners meeting specific residency requirements could apply for naturalization.
The Indian Constitution before the Citizenship Amendment Act (CAA) of 2019 outlined principles of citizenship that were based on inclusivity, equality, and non-discrimination, with provisions for acquiring citizenship through birth, descent, registration, naturalization, and territorial incorporation. The CAA introduced amendments to these principles, particularly regarding eligibility for citizenship based on religious identity.
6. Section 6A of the Citizenship Act
Section 6A is a special provision inserted into the Indian Citizenship Act, 1955, in 1985, as part of the Assam Accord. It deals with the citizenship of people who migrated to Assam from Bangladesh:
- It applies to people who entered Assam on or after January 1, 1966, but before March 25, 1971.
- It grants citizenship to these people if they can prove that they were "ordinarily resident" in Assam on March 24, 1971.
- People who claim citizenship under Section 6A must apply to a Foreigners Tribunal. The Tribunal will then decide whether or not to grant them citizenship based on the evidence they provide.
7. What does NRC mean?
- NRC stands for the National Register of Citizens. It is a register maintained by the Government of India containing names and certain relevant information for the identification of Indian citizens in the state of Assam.
- The purpose of the NRC is to create a list of genuine Indian citizens residing in Assam and identify individuals who are not legal residents of the state.
- The NRC process in Assam has its origins in the Assam Accord of 1985, which aimed to address the issue of illegal immigration from Bangladesh and determine the citizenship status of individuals living in Assam.
- The NRC process requires individuals to provide documentary evidence to prove their citizenship based on criteria set by the government.
- The NRC process involves extensive documentation and verification to establish citizenship status, and it has been a contentious issue due to its impact on individuals' rights and concerns about exclusion and discrimination.
- The implementation of the NRC in Assam has led to debates, legal challenges, and social tensions regarding citizenship and immigration issues in India.
8. What is NPR?
- NPR stands for the National Population Register. It is a register of usual residents of India, which includes both citizens and non-citizens who have resided in a local area for at least six months or intend to stay for the next six months or more.
- The NPR is prepared at the local, sub-district, district, state, and national levels under the provisions of the Citizenship Act, 1955, and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
- The main purpose of the NPR is to create a comprehensive identity database of residents in India. It collects demographic and biometric information to establish the identity of individuals and households.
- The data collected in the NPR includes details such as name, age, gender, marital status, occupation, educational qualification, address, and other relevant information.
- The NPR process involves house-to-house enumeration and collection of data by government officials or designated enumerators. The data collected is used for various purposes, including government planning, policy formulation, and social welfare schemes.
- It's important to note that the NPR is distinct from the National Register of Citizens (NRC). While the NPR focuses on creating a comprehensive database of residents, the NRC specifically deals with determining the citizenship status of individuals, particularly in the state of Assam, based on documentary evidence.
- The NPR has been a topic of discussion and debate in India, with concerns raised about privacy, data security, and potential misuse of information.
9. The difference between the NRC, NPR and CAA
| Term | Description | Purpose | Focus |
| NRC (National Register of Citizens) | Register of Indian citizens in Assam | Identify legal residents and non-citizens | Citizenship status in Assam |
| NPR (National Population Register) | Register of usual residents (citizens and non-citizens) | Create a comprehensive identity database | Residents of India for planning purposes |
| CAA (Citizenship Amendment Act) | Law providing path to citizenship for religious minorities | Grant citizenship based on religion and persecution |
Specific religious minorities facing persecution |
10. Is NPR connected to NRC?
11. Who are ‘Citizens’?
In general terms, citizens are individuals who hold citizenship in a particular country. Citizenship is a legal status that grants individuals certain rights, privileges, and responsibilities within the nation-state to which they belong. The concept of citizenship varies across different countries, but some common characteristics of citizenship include.
- Legal Recognition: Citizens are legally recognized members of a country or state. They are entitled to the protection of the state and have access to its legal system.
- Rights and Privileges: Citizens typically enjoy certain rights and privileges that non-citizens may not have, such as the right to vote, the right to work and reside in the country, access to social services, and the right to participate in the political process.
- Responsibilities: Along with rights and privileges, citizenship also entails certain responsibilities, such as obeying the laws of the country, paying taxes, serving on juries if called upon, and sometimes participating in military service.
- National Identity: Citizenship often involves a sense of national identity and belonging to a particular community or nation. This can include shared cultural, historical, and linguistic ties that bind citizens together.
- Acquisition and Loss: Citizenship can be acquired through birth (jus soli or jus sanguinis), naturalization, or descent from a citizen parent. It can also be lost or renounced voluntarily or involuntarily, depending on the laws of the country.
12. The Way Forward
By adopting the strategies, stakeholders can work towards addressing concerns related to the Citizenship Amendment Act, promoting inclusivity, protecting minority rights, and upholding democratic values in India's citizenship policies and practices.
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For Prelims: Citizenship Amendment Act, Minorities, Secularism, NPR, NRC,
For Mains:
1. The Citizenship Amendment Act (CAA) of 2019 has sparked significant controversy in India. Critically examine the Act's provisions, highlighting the key concerns and potential implications. In your opinion, does the CAA violate the secular principles enshrined in the Indian Constitution? (250 words)
2. Considering the debates surrounding the CAA, critically analyze the concept of citizenship in India. How has the concept evolved, and what are the challenges in defining and managing citizenship in a diverse democracy like India? (250 words)
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Previous Year Questions
Consider the following statements: (2018) 1. Aadhaar card can be used as a proof of citizenship or domicile.
2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
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. What is the position of the Right to Property in India? (UPSC 2021) (a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Rights available to citizens only
(d) Neither Fundamental Right nor legal right
3. With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
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
4. Barak Valley in Assam is famous for which among the following? (MSTET 2019)
A. Bamboo Industry
B. Petroleum Production
C. Cottage Industries
D. Tea Cultivation
5. Which one of the following is an important crop of the Barak Valley? (Karnataka Civil Police Constable 2019)
A. Sugarcane B. Jute C. Tea D. Cotton
6. Under Assam Accord of 1985, foreigners who had entered Assam before March 25, _____ were to be given citizenship. (DSSSB JE & Section Officer 2022)
A. 1954 B. 1971 C. 1981 D. 1966
Answers: 1-D, 2-B, 3-C, 4-D, 5-B, 6-B
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Source: The Indian Express
GREAT NICOBAR ISLAND PROJECT
1. Context
A six-member National Green Tribunal (NGT) special bench ruled on Monday that it did not find “any good ground” to interfere in the environmental clearance accorded to the Rs 81,000-crore Great Nicobar mega infrastructure project as there were “adequate safeguards” in the project’s environmental clearance.
2.What is the Great Nicobar Island Project?
- The Great Nicobar Island Project is a significant infrastructure development initiative undertaken by the Indian government on Great Nicobar Island, part of the Andaman and Nicobar Islands in the Indian Ocean. The project aims to transform the island into a strategic and economic hub.
- A deep-draft international container transshipment terminal is planned to be developed at Galathea Bay. This port is expected to serve as a key shipping hub in the region, facilitating trade and reducing dependency on transshipment ports in other countries
- An international airport is proposed to improve connectivity to the island, both for tourism and strategic purposes. This airport will be capable of handling wide-bodied aircraft and will enhance the island's accessibility
- To support the infrastructure and population growth, a gas- and solar-based power plant will be developed. This plant aims to provide a reliable and sustainable energy source for the island's needs
- A modern township with residential, commercial, and recreational facilities is planned to accommodate the increased population and workforce that the project will attract. This township is expected to have state-of-the-art amenities and infrastructure
Strategic and Economic Importance
- Great Nicobar Island is situated near the Malacca Strait, one of the world's busiest shipping lanes. Developing this island will enhance India's strategic presence in the Indian Ocean Region, particularly in terms of maritime security and trade control
- The project aims to boost the local economy by creating job opportunities and attracting investments. Improved infrastructure and connectivity are expected to stimulate tourism and other economic activities on the island
- Enhancing connectivity through the transhipment port and international airport will integrate Great Nicobar Island more closely with the global and regional trade networks, potentially making it a key logistical and commercial hub
Environmental and Social Considerations
- The project has raised concerns about its potential impact on the island's rich biodiversity and ecosystems. Great Nicobar Island is home to unique flora and fauna, including endangered species. Ensuring sustainable development practices and environmental protection measures will be crucial
- There are concerns about the impact on local communities, particularly indigenous tribes such as the Nicobarese and Shompen. Ensuring that their rights and livelihoods are protected is a key consideration for the project
- The project's emphasis on using renewable energy sources like solar power and promoting eco-friendly practices is an effort to mitigate environmental concerns. However, balancing development with conservation will be an ongoing challenge
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Great Nicobar
Great Nicobar is the largest of the Nicobar Islands, part of the Union Territory of Andaman and Nicobar Islands in India. It is located in the Indian Ocean, near the western entrance of the Malacca Strait, which is a key maritime route for international trade.
Here are some key aspects of Great Nicobar:
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3. Strategic Importance
- The Bay of Bengal and Indian Ocean region are critically important for India's strategic and security interests, especially as the Chinese People’s Liberation Army Navy aims to increase its presence in these waters.
- India is concerned about the buildup of Chinese naval forces at key Indo-Pacific chokepoints, particularly Malacca, Sunda, and Lombok. China's efforts to extend its influence in the area include constructing a military facility on the Coco Islands in Myanmar, located just 55 km north of the Andaman & Nicobar Islands.
- Earlier this year, The Indian Express reported significant upgrades to the military infrastructure on the Andaman & Nicobar Islands.
- This includes modernizing airfields and jetties, creating new logistics and storage facilities, establishing a base for military personnel, and enhancing surveillance capabilities.
- The goal of these upgrades is to support the deployment of more military forces, larger warships, aircraft, missile batteries, and troops.
- Maintaining close surveillance over the area surrounding the archipelago and establishing a strong military presence on Great Nicobar is crucial for India's national security
4. Environmental Concerns
- The proposed infrastructure upgrade has faced opposition due to its potential ecological threat to the islands. Wildlife conservation researchers, anthropologists, scholars, civil society members, and the Congress party have raised concerns about the devastating impact on the Shompen, a particularly vulnerable tribal group (PVTG) of hunter-gatherers, who have an estimated population of a few hundred individuals residing in a tribal reserve on the island.
- Critics claim the project infringes on the rights of the tribal population and will harm the island’s ecology, including the felling of nearly a million trees. There are fears that the port project will damage coral reefs, affecting the local marine ecosystem, and pose a threat to terrestrial species like the Nicobar Megapode bird and leatherback turtles, which nest in the Galathea Bay area.
- A statement by senior Congress leader and former Environment Minister Jairam Ramesh highlighted that the proposed port is in a seismically active zone, which experienced permanent subsidence of about 15 feet during the 2004 tsunami.
- The statement also accused the local administration of insufficiently consulting the Tribal Council of Great and Little Nicobar Islands as required by law.
- In November 2022, the tribal council withdrew a no-objection certificate it had issued for the diversion of about 160 sq km of forest land, citing inadequate information provided to them.
- In April 2023, the Kolkata Bench of the National Green Tribunal (NGT) chose not to interfere with the environmental and forest clearances granted to the project. However, the Tribunal ordered the formation of a high-power committee to review the clearances. There is still no clarity on whether the committee, mainly composed of government representatives, has submitted its report
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For Prelims: National Green Tribunal (NGT), Great Nicobar Island, Coastal Regulation Zones, Turtles, Dolphins, Particularly Vulnerable Tribal Groups (PVTGs), Mangroves, Great Nicobar Biosphere Reserve
For Mains: Significance and Issues Related to Great Nicobar Island Project
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Previous Year Questions
1. Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’? (2014) (a) Andaman and Nicobar Answer (a) 2. Which of the following have coral reefs? (2014)
Select the correct answer using the code given below: (a) 1, 2 and 3 only Answer (a) 3. In which one of the following places is the Shompen tribe found? (2009) (a) Nilgiri Hills Answer (b) |
Source: indianexpress
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
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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)
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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
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Source: The Hindu
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
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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)
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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
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Source: The Hindu
ARBITRATION COUNCIL OF INDIA(ACI)
1. Context
Nearly six years after the 2019 amendments to the Arbitration and Conciliation Act, 1996 (1996 Act), the Union government is yet to constitute the Arbitration Council of India (ACI), envisaged as the central regulatory and promotional body for institutional arbitration.
2. What is the Arbitration Council of India (ACI)?
- The Arbitration Council of India (ACI) is a statutory body created to strengthen and professionalize the system of arbitration in India, making the country a more reliable and attractive destination for resolving commercial and legal disputes outside traditional courts.
- It was established under the Arbitration and Conciliation (Amendment) Act, 2019, which amended the original Arbitration and Conciliation Act, 1996.
- In simple terms, the main purpose of the ACI is to improve the quality, credibility, and efficiency of arbitration in India.
- Arbitration is a method where disputes—especially in business and contractual matters—are settled by neutral experts called arbitrators instead of through lengthy court trials.
- By creating a national-level authority, the government aimed to bring uniform standards and oversight to how arbitration is practiced across the country.
- One of the key roles of the ACI is to grade and accredit arbitration institutions. This means it evaluates arbitral institutions based on criteria such as infrastructure, quality of arbitrators, case management practices, and transparency.
- Institutions that meet the required standards are officially recognized, which helps parties choose reliable forums for resolving their disputes. Over time, this process is meant to raise overall confidence in India’s arbitration ecosystem.
- The ACI also plays a role in maintaining a database of qualified arbitrators. This helps ensure that parties have access to trained and experienced professionals, reducing concerns about bias, lack of expertise, or procedural irregularities.
- By promoting training and setting professional benchmarks, the Council contributes to building a pool of high-quality arbitration practitioners in the country
3. Proposed Mandate
- The 2019 legislative changes put forward the creation of the Arbitration Council of India as a central regulatory authority responsible for encouraging, modernising, and strengthening arbitration practices across the country.
- This framework was shaped by the suggestions of the High-Level Committee on Arbitration, led by Justice B.N. Srikrishna, which presented its findings in July 2017.
- Under these amendments, the Council was given broad responsibilities, such as evaluating and ranking arbitral institutions, recognising professional organisations that certify arbitrators, and maintaining a national record of arbitration awards issued in India.
- The proposal also stated that the ACI would be led by a Chairperson appointed by the Central Government in consultation with the Chief Justice of India.
- This position could be held by a former Supreme Court judge, a former Chief Justice or judge of a High Court, or a distinguished expert in arbitration, along with ex officio members from the executive branch forming part of the Council
4. Institutional Independence
- One of the principal criticisms directed at the Council is its perceived lack of institutional independence.
- A majority of its members are either selected or appointed by the Union government, which has led to worries about the autonomy of the arbitration system in India—especially since the government itself is the largest party to legal disputes.
- Legal experts have pointed out that placing regulatory authority in a body dominated by government nominees, with powers to rate arbitration centres, certify arbitrators, and shape policy, raises serious concerns about neutrality and has little parallel in countries known for arbitration-friendly frameworks.
- Additional issues have been raised regarding the ACI’s responsibility for approving and assessing arbitral institutions.
- Although this approach is said to be influenced by models in Singapore and Hong Kong, there is an important difference. In those jurisdictions, arbitration is largely managed by a single, central institution rather than a regulator supervising numerous bodies.
- The 2019 amendments allow the ACI to recognise an unlimited number of arbitration institutions, which could weaken quality control, create heavy administrative burdens for the Council, and increase costs for public resources
5. Judicial Intervention restriction
- Under the Arbitration and Conciliation Act, 1996, Indian courts have the authority to issue interim protections to safeguard the interests of parties involved in arbitration.
- Currently, such relief can be sought before the arbitration begins, while proceedings are ongoing, or even after an arbitral award is issued but prior to its enforcement in India.
- The draft Bill aims to redefine this role by restricting the courts’ power to grant interim measures only to two stages: before the start of arbitration or after the award has been delivered.
- It proposes a change to Section 9(2), which at present mandates that arbitration must be initiated within 90 days from the date a court grants pre-arbitration interim relief.
- Under the new proposal, this 90-day countdown would instead start from the date the application for interim relief is submitted, rather than when the court passes the order. The purpose behind this shift is to reduce delays caused by extended court involvement before arbitration formally begins.
- Another key recommendation is the addition of a new Section 9-A, which would permit parties to approach an emergency arbitrator for interim protection after arbitration has started but before the arbitral tribunal is formally constituted
6. 2024 draft bill mandate
- On October 18, 2024, the Union government issued the draft Arbitration and Conciliation (Amendment) Bill, 2024 and opened it up for public feedback. The proposed legislation aims to revitalise institutional arbitration by introducing a range of structural changes.
- It offers a new definition of an “arbitral institution,” describing it as any body or organisation that administers arbitration proceedings under its own procedural framework or as agreed upon by the parties.
- This represents a shift away from the 2019 framework, which required such institutions to be formally notified or designated by the Supreme Court or a High Court.
- The draft also seeks to broaden the responsibilities of arbitral institutions by granting them certain powers that are currently exercised solely by the courts.
- These include the ability to extend the deadline for issuing arbitral awards, lower arbitrators’ fees in cases where delays are caused by the tribunal, and replace arbitrators when necessary.
- If implemented, these steps are expected to limit the extent of judicial involvement in arbitration proceedings.
- However, in March 2025, while responding to a query in Parliament, Union Law Minister Arjun Ram Meghwal stated that the Bill was still being examined
7. Way Forward
The report led by Justice B.N. Srikrishna observed that the ongoing prevalence of ad hoc arbitration in India largely stems from parties’ strong inclination toward controlling their own procedures. This tendency is further strengthened by long-standing doubts about the neutrality and administrative capacity of domestic arbitration institutions. The report emphasised that closing this gap in confidence is essential if Indian arbitral bodies are to compete effectively with well-established international institutions
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For Prelims: Arbitration, Alternate Dispute Resolution, International Arbitration Centre, Foreign Direct Investment, Startup India For Mains: Alternate Dispute Resolution, Impact of Arbitration on Efficiency of Function of Judiciary, Promoting Dispute Resolution in India. |
Source: The Hindu
