Prelims Workshop: Polity
Batch 3 | Topics 34–40 | Important BillsImportant Bills (Passed / Pending / Withdrawn)
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TOPIC 34
130th Constitutional Amendment Bill, 2025 — Removal of PM/Ministers on Detention
Why in News
- Introduced in 2025, the Bill proposes that the PM, CMs, and Ministers automatically lose office if detained in custody for 30 consecutive days for offences punishable with 5 or more years of imprisonment.
- The Bill is currently pending in Parliament.
Key Facts
- PM, CM, and Ministers cease to hold office on Day 31 of consecutive detention if no prior action is taken.
- Amends Articles 75 (Union Council of Ministers), 164 (State Council of Ministers), and 239AA (NCT of Delhi).
- Requires a 2/3 majority in both Houses of Parliament for passage.
- Does not bar reappointment after release from custody.
Important Points
- Art. 75(1) & 75(2): Ministers are appointed by the President on PM's advice and hold office during the President's pleasure.
- Art. 164: State Ministers are appointed by the Governor on CM's advice and hold office during the Governor's pleasure.
- Art. 75(1A) and 164(1A) (91st CAA): Council of Ministers shall not exceed 15% of the lower house strength, with a minimum of 12 for States.
- Section 8, RPA, 1951: Disqualifies persons convicted of offences with 2+ years of imprisonment from contesting; the 130th CAA extends this logic to serving ministers.
- Lily Thomas v. UoI (2013): Struck down Section 8(4) RPA, ensuring instant disqualification of convicted lawmakers without a stay during appeal.
- Section 187 BNSS: Accused can be released on default bail if no chargesheet is filed in 60/90 days; the Bill's 30-day cut-off may create legal conflicts.
TOPIC 35
J&K Assembly — Nominations Bill & Chandigarh UT
Why in News
- The nomination provisions of the J&K Reorganisation Act (Sections 15A and 15B) allowing the LG to nominate members are under court scrutiny in 2025.
- Plans to include Chandigarh UT under the Article 240 framework for UT legislatures have been shelved.
Key Facts
- Sections 15A and 15B allow the LG of J&K to nominate members beyond the sanctioned Assembly strength.
- Chandigarh continues to be administered under Article 239 as a UT without a legislature.
Important Points
- Art. 239: Every UT is administered by the President through an Administrator (or LG).
- Art. 239AA: Special provisions for Delhi, providing an elected government with specific exclusions from the State List.
- Art. 240: Empowers the President to make regulations for certain UTs; Parliament may create a legislature for a UT (currently applies to Puducherry).
- J&K Reorganisation Act, 2019: Established J&K as a UT with a legislature and Ladakh as a UT without a legislature.
- Art. 170: Sets the composition of State Legislative Assemblies between 60 and 500 seats.
- J&K Assembly Strength: Sanctioned at 90 seats, excluding 24 vacant seats reserved for PoK.
TOPIC 36
Income Tax Bill, 2025
Why in News
- The Bill received Presidential assent in 2025 and replaces the Income Tax Act, 1961, effective from April 1, 2026.
- Simplifies the statute but raises privacy concerns regarding access to "virtual digital space" for search operations.
Key Facts
- Reduces sections from 819 to 536 and chapters from 47 to 23.
- Extends the period for updating ITRs from 2 years to 4 years.
- Digital space access provisions may face challenges under the proportionality test established in K.S. Puttaswamy (2017).
Important Points
- Art. 265: Prohibits tax levy or collection except by authority of law.
- Art. 110: Defines Money Bills; taxation-related Bills are typically Money Bills introduced only in the Lok Sabha.
- Art. 117: Finance Bills; the IT Bill 2025 was introduced as a Finance Bill under this article.
- K.S. Puttaswamy v. UoI (2017): Declared privacy a Fundamental Right under Art. 21; limitations must pass a four-fold proportionality test.
- Entry 82, Union List: Grants Parliament exclusive domain to legislate on taxes on income other than agricultural income.
- Direct Tax Code: The IT Bill 2025 represents a renewed overhaul following earlier failed attempts at a Direct Tax Code.
TOPIC 37
Draft Registration Bill, 2025
Why in News
- The Ministry of Rural Development circulated the Draft Bill in 2025 to replace the Registration Act, 1908.
- Proposes digitisation and Aadhaar-based authentication for property transactions.
Key Facts
- Introduces e-certificates and integration with digital land records.
- Federal challenge: Land is a State subject (Entry 18, State List), requiring state cooperation.
Important Points
- Entry 18, State List: Land and land tenures are primary State subjects.
- Entry 6, Concurrent List: Transfer of property (other than agricultural) and registration of deeds; this allows for Central legislation.
- Registration Act, 1908: A Central law under the Concurrent List governing document registration.
- Puttaswamy (2018): Aadhaar Act upheld, but mandatory linking to private services was struck down; registration use-cases raise proportionality questions.
- Art. 300A: Right to property; guarantees that no person shall be deprived of property except by authority of law.
- DILRMP: The Draft Bill aligns with the Digital India Land Records Modernisation Programme for national digitisation.
TOPIC 38
Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025
Why in News
- Introduced by the Karnataka government in 2025, the Bill raises concerns about "chilling effects" on free speech and the vagueness of definitions.
Key Facts
- Proposes to prohibit misinformation and fake news spread.
- Tested against Article 19(1)(a) regarding permissible restrictions under Article 19(2).
Important Points
- Art. 19(1)(a): Guarantees freedom of speech and expression to every citizen.
- Art. 19(2): Specifies exhaustive grounds for restrictions; "misinformation" is not explicitly listed as a ground.
- Romesh Thappar v. State of Madras (1950): Any speech restriction falling outside the specific grounds of Art. 19(2) is unconstitutional.
- Shreya Singhal v. UoI (2015): Section 66A of the IT Act was struck down for vagueness; the Karnataka Bill faces similar constitutional risks.
- Entry 1, State List: States have the power to legislate for "Public Order," but this cannot override the fundamental protections of Art. 19.
- BNS, 2023: Section 152 and Section 356 already cover acts threatening sovereignty and defamation respectively.
TOPIC 39
Reservation of Seats for STs in Goa Legislative Assembly Bill
Why in News
- Passed by the Lok Sabha in 2025 to rectify a long-standing absence of ST seat reservations in the Goa Assembly.
- Delimitation issues post-2001 Census had previously delayed this constitutional requirement.
Key Facts
- Mandated under Article 332, requiring proportional SC/ST representation in State Assemblies.
- Goa's primary ST communities: Gavda, Kunbi, Dhangar, and Velip.
- Reserved seats are calculated based on the proportion of the SC/ST population to the total State population.
Important Points
- Art. 330: Provides for SC/ST seat reservations in the Lok Sabha.
- Art. 332: Provides for SC/ST seat reservations in State Legislative Assemblies.
- Art. 334: Governs the duration of these reservations; Anglo-Indian nomination was abolished by the 104th CAA (2020).
- Delimitation Commission: Statutory body that determines constituency boundaries after each Census.
- Delimitation Act, 2002: Current mandate is frozen based on 2001 Census data; full re-delimitation is linked to the next Census (post-2021).
TOPIC 40
Minority Education Bill, 2025 — Uttarakhand
Why in News
- Uttarakhand's 2025 Bill extends minority status benefits to institutions run by Sikhs, Jains, Christians, Parsis, and Buddhists.
- Recognises communities previously excluded from specific State-level minority designations.
Key Facts
- Provides access to exemptions from the RTE Act's 25% quota in unaided minority institutions.
- The Bill is directly grounded in Article 30 educational rights.
Important Points
- Art. 30(1): Right of all minorities (religious or linguistic) to establish and administer educational institutions.
- Art. 30(2): Prohibits the State from discriminating against minority institutions while granting aid.
- NCMEI Act, 2004: The National Commission for Minority Educational Institutions decides status at the national level.
- TMA Pai Case (2002): SC held that linguistic minorities are determined State-wise, while religious minorities are a national concept.
- RTE Act, 2009: Does not apply to unaided minority educational institutions (Section 1(4)(b)).
- Pramati Educational Society v. UoI (2014): SC upheld the exemption of minority unaided schools from the 25% reservation requirement.