Prelims Workshop: Polity

Batch 4 | Topics 41–71 | Parliamentary Acts (Major Laws Enacted)

Parliamentary Acts (Major Laws Enacted)

31 Topics
Quick Navigation Index
41 Waqf (Amendment) Act, 2025 42 Bharatiya Nyaya Sanhita (BNS), 2023 43 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 44 Bharatiya Sakshya Adhiniyam (BSA), 2023 45 Digital Personal Data Protection (DPDP) Act, 2023 46 Promotion and Regulation of Online Gaming Act, 2025 47 National Sports Governance Act, 2025 48 Protection of Women from Domestic Violence Act (PWDVA), 2005 49 POSH Act, 2013 50 Foreign Contribution (Regulation) Act (FCRA), 2010 51 Enemy Properties Act, 1968 52 Immigration and Foreigners Act, 2025 53 Model Prisons and Correctional Services Act, 2023 54 SHANTI Act, 2025 55 VB-G RAM G Act, 2025 56 Indian Ports Act, 2025 57 Health Security National Security Cess Act, 2025 58 Anand Marriage (Amendment) Act, 2012 59 Protection of Civil Rights (PCR) Act, 1955 60 Telecommunications Act, 2023 61 Other Key Acts — Lokpal, NMC, Legal Services, RPwD, Dam Safety 62 Public Examinations (Prevention of Unfair Means) Act, 2024 63 Anusandhan National Research Foundation Act, 2023 64 Jan Vishwas (Amendment of Provisions) Act, 2023 65 Multi-State Co-operative Societies (Amendment) Act, 2023 66 Competition Amendment Act, 2023 67 Representation of People Act, 1950 & 1951 68 Child Labour (Prohibition and Regulation) Amendment Act, 2016 69 Rights of Persons with Disabilities Act (RPwD), 2016 70 Forest Rights Act, 2006 (FRA) 71 Juvenile Justice (Care and Protection of Children) Act, 2015
TOPIC 41

Waqf (Amendment) Act, 2025 — UWMEED Act

Parliamentary Acts
Why in News
  • The Waqf (Amendment) Act, 2025 — officially renamed UWMEED Act (Unified Waqf Management, Empowerment, Efficiency and Development Act) — was passed amid significant controversy over inclusion of non-Muslim members in State Waqf Boards.
  • The Supreme Court granted an interim partial stay on specific sections in September 2025, keeping the Act under judicial review.
Key Facts
  • Renames Waqf Act, 1995 as the "Unified Waqf Management, Empowerment, Efficiency and Development (UWMEED) Act"
  • Mandates inclusion of non-Muslim members in State Waqf Boards and Central Waqf Council — controversial provision
  • Collector (District Magistrate) replaces Survey Commissioner for determining Waqf property boundaries
  • Abolishes "Waqf by User" for future waqfs — previously, mere long-term use could create waqf status
  • Finality of Waqf Tribunal decisions removed; appeals to High Court now allowed
  • Stricter audit and registration requirements for Waqf properties
  • SC granted interim partial stay on specific sections — September 2025
Important Points
  • Art. 25–28: Freedom of religion — religious minorities' administration of religious property (Waqf = charitable endowment for Islamic purposes) is protected
  • Art. 26: Freedom to manage religious affairs — every religious denomination can manage its own property; non-Muslim membership in Waqf Boards challenged under this
  • Art. 14: Right to Equality — challenge that exclusion of women and non-Muslims from Waqf governance was discriminatory; amendment addresses this
  • Entry 10, Concurrent List: Waqfs — both Parliament and State Legislatures can legislate; central law prevails on inconsistency
  • Waqf Act, 1995: Original central law; Waqf Tribunals adjudicate waqf-related disputes; Waqf properties = third largest land ownership in India after Railways and Defence
  • Central Waqf Council: Advisory body; composition now modified to include diversity
  • Art. 32 / 226: Writ petitions filed challenging the constitutionality of UWMEED Act provisions — SC interim stay issued
TOPIC 42

Bharatiya Nyaya Sanhita (BNS), 2023

Parliamentary Acts
Why in News
  • The Bharatiya Nyaya Sanhita (BNS), 2023 completed one year of implementation in July 2025, replacing the Indian Penal Code (IPC), 1860. Key constitutional dimensions include the removal of sedition (replaced by Section 152), community service as a new punishment, and the formal definition of organised crime and mob lynching — all significant for UPSC Polity.
Key Facts
  • In force since July 1, 2024; replaces Indian Penal Code (IPC), 1860 — completed one year of implementation in 2025
  • Sedition (Section 124A IPC) removed; replaced by Section 152 BNS — criminalises acts threatening sovereignty (secession, armed rebellion, subversive activities, separatism)
  • Community service introduced as a new punishment category for petty offences
  • Age for gang rape victim classified as "major" raised from 16 to 18 years
  • Organised Crime newly defined: kidnapping, extortion, contract killing, land grabbing, cybercrime
  • Murder by group on grounds of caste/race/community (mob lynching): death or life imprisonment with fine
  • Sexual intercourse obtained through deceit or false promise of marriage now criminalised
  • FIRs registered via CCTNS (Inter-operable Criminal Justice System); e-Sakshya app for real-time evidence collection
Important Points
  • IPC, 1860 was a colonial law; BNS, 2023 introduced to reflect Indian constitutional values — but critics argue it retains most IPC offences with minor changes
  • Section 152 BNS (replacing Sedition): Punishes endangering sovereignty, integrity, or unity — punishment up to life imprisonment; broader in scope than IPC 124A
  • Kedar Nath Singh v. State of Bihar (1962): Upheld sedition as constitutional; narrowed it to incitement to violence — Section 152 now goes further
  • S.G. Vombatkere v. UoI (2022): SC put Section 124A IPC in abeyance; effectively suspended until BNS replaced it
  • Art. 20(1): Ex-post-facto laws prohibited — BNS applies prospectively; IPC governs offences committed before July 1, 2024
  • Art. 21 and Art. 22: Personal liberty and arrest protections — BNSS governs procedure; BNS governs offences
  • BNS trial timelines: Judgment within 30 days of completion of arguments (extendable to 60 days with reasons recorded)
TOPIC 43

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Parliamentary Acts
Why in News
  • The BNSS replaced the CrPC from July 1, 2024. In 2025, multiple Supreme Court cases tested its provisions — particularly the 14-day preliminary inquiry requirement (Section 173(3)) for offences with 3–7 year punishment, which was spotlighted in the Imran Pratapgarhi case.
  • The Zero FIR and bail reforms are also in active judicial interpretation.
Key Facts
  • In force since July 1, 2024; replaces Code of Criminal Procedure (CrPC), 1973
  • Zero FIR: Section 173(1) — FIR can be registered at ANY police station regardless of territorial jurisdiction
  • Section 173(3): For offences punishable with 3–7 years, police must conduct 14-day preliminary inquiry before registering FIR — tested in Imran Pratapgarhi case
  • First-time offenders: Released on bond after 1/3rd of max sentence; bail mandatory after 1/2 of max sentence served
  • Mandatory forensic investigation for offences punishable with 7+ years imprisonment
  • Preventive detention: Sections 168–172; no detention beyond 24 hours without magistrate approval
  • Legal Aid: Section 341 — at State expense when accused lacks financial means
Important Points
  • Art. 22(1): Right to be informed of grounds of arrest; right to consult lawyer of choice
  • Art. 22(2): Produced before magistrate within 24 hours; detention beyond 24 hours requires magistrate order
  • Section 187 BNSS (default bail): Police must file chargesheet within 60 days (less serious) or 90 days (serious); failing which accused gets default bail
  • Section 479 BNSS (bail for first-time offenders): Mandatory bail after 1/2 of max sentence — a significant reform easing bail for undertrial prisoners
  • Art. 21: Right to speedy trial — BNSS introduces timelines (e.g., judgment within 45 days of charges framed) to operationalise this FR
  • Hussainara Khatoon v. State of Bihar (1979): SC recognised right to speedy trial as part of Art. 21 — BNSS reforms respond to this
  • Art. 39A (DPSP): Equal justice and free legal aid — Section 341 BNSS operationalises this by mandating legal aid at State expense
TOPIC 44

Bharatiya Sakshya Adhiniyam (BSA), 2023

Parliamentary Acts
Why in News
  • The Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act from July 1, 2024. In 2025, the SC applied its provisions in cases involving lawyer-client privilege and digital evidence.
  • The BSA's recognition of electronic records as primary evidence and provision of oral testimony via electronic means reflects India's shift to a digital-first judicial framework.
Key Facts
  • In force since July 1, 2024; replaces Indian Evidence Act, 1872
  • Electronic and digital records have the same legal validity as physical paper records
  • Oral evidence permitted through electronic means (video conferencing, audio-visual links)
  • Joint trials: Multiple accused treated as joint trial even if one has absconded
  • Section 132 BSA: Protects professional communications between lawyer and client — client-lawyer confidentiality
Important Points
  • Section 57 BSA (formerly Section 65B IEA): Certificate required for admissibility of electronic records; SC in Arjun Panditrao Khotkar v. Kailash Kushanrao (2020) had resolved ambiguity — BSA codifies this
  • Art. 20(3): Right against self-incrimination — BSA Section 23 (formerly IEA Section 27) allows admission of facts discovered from accused's statement; must be read with narco test restrictions
  • Hearsay evidence: Not generally admissible; BSA retains exceptions (dying declaration, res gestae) from IEA
  • Section 132 BSA: Attorney-client privilege — communications between lawyer and client protected from compulsory disclosure
  • DNA profiling and forensic evidence: Provisions under BNSS and BSA for forensic evidence collection; mandatory forensic visit to crime scenes (7+ years offences)
  • Electronic Commerce Act and IT Act, 2000: Form the legislative ecosystem within which BSA's digital evidence provisions operate
  • Shafhi Mohammad v. State of HP (2018): SC held electronic records without certificate still admissible in certain conditions — BSA clarifies this through its Section 57 framework
TOPIC 45

Digital Personal Data Protection (DPDP) Act, 2023 & RTI Impact

Parliamentary Acts
Why in News
  • The DPDP Rules, 2025 were notified, making the Digital Personal Data Protection Act, 2023 substantially operational with an 18-month phased compliance timeline.
  • A major controversy: Section 44(3) of DPDP Act amends Section 8(1)(j) of the RTI Act — creating a blanket exemption for personal information that critics argue severely weakens government transparency.
Key Facts
  • DPDP Rules, 2025 notified; 18-month phased compliance timeline; Act largely operational from 2025
  • Consent required for lawful data processing; not required for legitimate State uses (welfare, subsidies, national security)
  • Children's data: Parental/guardian consent mandatory; no tracking, monitoring, or targeted advertising for children
  • Data Protection Board of India (DPBI): Established by Central Government; 4 members; complaints via dedicated portal/app; appeals to TDSAT
  • Significant Data Fiduciaries (SDFs): Must appoint Data Protection Officer (DPO), independent auditor; conduct Data Protection Impact Assessment (DPIA) every 12 months
  • Penalties: Child data violation → up to Rs. 200 crore; data breach → up to Rs. 250 crore
  • RTI Impact: Section 44(3) DPDP Act revises Section 8(1)(j) RTI Act — blanket exemption for "personal information" — may weaken Right to Information
Important Points
  • Art. 21: Right to Privacy (K.S. Puttaswamy, 2017) — DPDP Act operationalises this FR by establishing data protection rights of citizens ("Data Principals")
  • Art. 19(1)(a): Freedom of expression — DPDP Act must balance data protection with right to access public information (RTI tension)
  • RTI Act, 2005: Section 8(1)(j) previously exempted personal information with no public interest; DPDP amendment makes exemption broader — allows blanket refusal
  • K.S. Puttaswamy v. UoI (2017): Privacy is a fundamental right; any restriction must satisfy proportionality — government exemptions in DPDP must pass this test
  • Data Principal rights: Right to access data, correction, erasure, nomination (appoint another person to exercise rights on death/incapacity), grievance redressal
  • Significant Data Fiduciary (SDF): Notified by Central Govt based on volume/sensitivity of data; e.g., large platforms processing data of millions; additional obligations apply
  • Cross-border data transfer: Permitted to all countries except "restricted countries" notified by Central Government
TOPIC 46

Promotion and Regulation of Online Gaming Act, 2025

Parliamentary Acts
Why in News
  • Parliament passed the Online Gaming Act in 2025, effectively banning Real Money Games (RMGs) such as Poker, Rummy, Fantasy Cricket, and Ludo.
  • Introduced as a Finance Bill under Articles 117(1) and 117(3), it faces likely constitutional challenges under Article 19(1)(g) (right to trade) and federalism concerns since betting and gambling fall under Entry 34/62 of the State List.
Key Facts
  • Passed by Parliament in 2025; bans Real Money Games (RMGs) while promoting and regulating other online games
  • Introduced as a Finance Bill under Articles 117(1) and 117(3) with President's recommendation
  • Bans RMGs including Poker, Rummy, Fantasy Cricket, and Ludo
  • Penalties: Offering RMGs → 3 years jail + Rs. 1 crore fine; Advertising → 2 years + Rs. 50 lakh fine
  • Section 69A, IT Act, 2000: Government can block illegal gaming websites (1,524 blocked during 2022–25)
  • E-sports recognised as legitimate under National Sports Governance Act, 2025
  • Constitutional challenge likely under Art. 19(1)(g) (right to trade) and Entry 34/62 State List (betting = State subject)
Important Points
  • Art. 19(1)(g): Right to practise any profession or carry on any occupation, trade, or business — basis for challenge to RMG ban
  • Art. 19(6): Reasonable restrictions on 19(1)(g) in public interest permitted — government will rely on public interest justification
  • Entry 34, State List: Betting and gambling — States have exclusive power; Central law on online RMGs may face federal challenge
  • Entry 31, Union List: Posts and telegraphs; Entry 97 (residuary): Parliament may legislate on online gaming under residuary powers
  • Art. 110 & 117: Finance Bill definition — Bill involving expenditure from Consolidated Fund; introduced only in Lok Sabha on President's recommendation
  • Shreya Singhal v. UoI (2015): Struck down Section 66A IT Act — vague penal provisions on speech; online gaming ban must also satisfy constitutional precision
  • Section 69A, IT Act, 2000: Central Govt can block online content including gaming sites — already used 1,524 times for gaming
TOPIC 47

National Sports Governance Act, 2025

Parliamentary Acts
Why in News
  • The National Sports Governance Act, 2025 came into force to bring accountability and transparency to Indian sports federations.
  • National Sports Bodies (NSBs) are now public authorities under the RTI Act, and the National Sports Tribunal (chaired by a SC/HC judge) adjudicates disputes — a major reform ahead of India's co-hosting of the 2036 Olympics bid.
Key Facts
  • Sports regulation falls under Entry 33, State List (Seventh Schedule); Act creates national framework under residuary/Union powers
  • Establishes National Sports Board (NSB): Recognised by Central Government; only recognised bodies receive central funds
  • Recognised NSBs are "public authorities" under RTI Act, 2005 — first time sports bodies brought under transparency law
  • National Sports Tribunal: Chairperson = SC Judge or HC Chief Justice; 2 members = Secretaries (Law and Sports); has civil court powers
  • Exclusions from Tribunal: Olympic/Commonwealth/Asian Games disputes; doping cases; CAS Lausanne disputes
  • General Body: Minimum 4 Sportspersons of Outstanding Merit (SOMs); 50% must be women
  • Executive Committee: At least 4 women members mandatory; National Sports Election Panel oversees NSB elections
Important Points
  • Entry 33, State List: Physical education and sports — but Centre justified national framework under residuary powers (Entry 97, Union List)
  • RTI Act, 2005: Section 2(h) defines "public authority" — NSBs now included; citizens can seek information on selection criteria, funding, governance
  • Art. 14: Right to Equality — arbitrary selection of athletes challenged; NSBs under RTI and tribunal oversight reduces arbitrariness
  • Art. 21: Right to livelihood — professional athletes' rights to fair selection and dispute resolution protected under new framework
  • Tribunals: Created under Parliament's power; must satisfy L. Chandra Kumar (1997) — cannot oust HC/SC jurisdiction under Arts. 226/32
  • National Sports Policy, 2025: Supersedes 2001 Policy; aligns with 2036 Olympics bid goals
  • WADA (World Anti-Doping Agency) compliance: Doping disputes excluded from NST — governed separately under NADA framework
TOPIC 48

Protection of Women from Domestic Violence Act (PWDVA), 2005

Parliamentary Acts
Why in News
  • The PWDVA, 2005 completed 20 years in 2025 — marking a milestone occasion for stock-taking on implementation gaps.
  • Multiple SC interpretations in 2024–25 (on shared household rights, relief orders, and live-in relationships) have expanded the Act's scope.
  • PWDVA is based on India's CEDAW obligations and Articles 14, 15, and 21.
Key Facts
  • Completed 20 years of implementation in 2025; enacted under Articles 14, 15, 21 and India's CEDAW obligations
  • Wide definition of domestic violence: Physical, sexual, emotional/psychological, verbal, economic abuse and dowry harassment
  • Covers all women in domestic relationships: marriage, live-in relationships, family ties, shared households — regardless of ownership of property
  • Protection Officers: Assist victims, coordinate with police/shelter homes; must submit Domestic Incident Report (DIR) to Magistrate
  • Time-bound civil remedies within 60 days: Protection orders, residence orders, monetary relief, custody orders, compensation
Important Points
  • Art. 14: Right to Equality — PWDVA ensures equal protection regardless of marital status, economic status, or property ownership
  • Art. 15(3): State can make special provisions for women and children — constitutional basis for PWDVA
  • Art. 21: Right to life includes right to live with dignity — domestic violence directly violates this right
  • Shared Household right: Section 19 PWDVA — aggrieved woman has right to reside in shared household even if not owner; SC upheld broadly in Satish Chander Ahuja v. Sneha Ahuja (2020)
  • Indra Sarma v. V.K.V. Sarma (2013): SC held live-in relationships of long duration are covered under PWDVA as "relationships in the nature of marriage"
  • CEDAW (Convention on Elimination of All Forms of Discrimination Against Women): India ratified in 1993; PWDVA implements domestic violence provisions
  • BNS, 2023: Section 85 criminalises cruelty by husband/relatives (formerly IPC 498A); PWDVA provides civil remedies on top of criminal law
TOPIC 49

POSH Act, 2013

Parliamentary Acts
Why in News
  • Multiple high-profile POSH cases in 2024–25 — including in government offices, universities, and corporate settings — tested the Act's provisions on Internal Complaints Committee (ICC) composition, time limits, and employer obligations.
  • SC in 2025 reinforced that ICC proceedings must be completed within 60 days.
Key Facts
  • Applies to all workplaces with 10+ employees; mandate for Internal Complaints Committee (ICC)
  • ICC mandatory in all workplaces with 10+ employees; Local Complaints Committee (LCC) for smaller/unorganised workplaces
  • Inquiry must be completed within 60 days of complaint; action must be taken within 60 days of inquiry report
  • Inspired by Vishakha Guidelines (SC, 1997) — issued in absence of legislation pending workplace sexual harassment law
  • Covers all women in workplace including contract, temporary, and domestic workers
Important Points
  • Art. 14 and 15: Right to Equality and Non-discrimination — POSH Act operationalises these for women in workplaces
  • Art. 21: Right to life with dignity — sexual harassment at workplace violates this fundamental right
  • Vishakha v. State of Rajasthan (1997): SC landmark — defined sexual harassment; laid down Vishakha Guidelines as binding norms pending legislation
  • ICC Composition: Presiding officer (senior woman employee) + 2 members from employees + 1 external member from NGO/legal background
  • LCC at District Level: Headed by a woman appointed by District Officer; handles complaints from unorganised sector and organisations with fewer than 10 employees
  • POSH covers extended workplace: Client sites, transport provided by employer, conferences, training venues — not just office premises
  • Employer obligations: Organise awareness workshops, prominently display ICC details, include POSH in annual report — non-compliance penalties
TOPIC 50

Foreign Contribution (Regulation) Act (FCRA), 2010

Parliamentary Acts
Why in News
  • FCRA remains highly contentious in 2024–25 as the MHA cancelled registration of multiple NGOs (including Oxfam India, Amnesty India) for alleged FCRA violations.
  • Civil society groups and opposition parties have challenged the Act's provisions as disproportionately restricting their right to association and receive foreign funding — tested against Article 19(1)(c).
Key Facts
  • Regulates acceptance and utilisation of foreign contributions/donations by persons and associations in India
  • Prior permission or registration with MHA mandatory for receiving foreign contributions
  • 2020 Amendment: Prohibition on transfer of foreign funds to sub-grantees; administrative expenses cap reduced from 50% to 20%
  • 2020 Amendment: FCRA accounts must be maintained ONLY in designated SBI branch (New Delhi Main Branch)
  • Government officers cannot receive foreign contributions under any circumstances
  • Registration renewal every 5 years; MHA can suspend/cancel registration for violations
Important Points
  • Art. 19(1)(c): Right to form associations or unions — FCRA restrictions on funding challenged as violating associational freedom
  • Art. 19(4): Reasonable restrictions on 19(1)(c) in interests of sovereignty, integrity, public order, morality — government justifies FCRA under this
  • Entry 14, Union List: Entering into treaties, agreements with foreign countries; Entry 97 (residuary): foreign contribution regulation justified under Union powers
  • Noel Harper v. UoI (2022): SC upheld 2020 FCRA amendments — held not violative of FRs; restrictions valid in public interest
  • Art. 21: Right to life — NGOs argue restrictions limit their ability to serve marginalised communities, indirectly affecting citizens' rights
  • FCRA 2010 replaced FCRA 1976: Governed by MHA (not FEMA or RBI) since foreign contribution ≠ foreign exchange
  • Exemptions: Diplomatic missions, their staff, international organisations can receive foreign contributions under specified conditions
TOPIC 51

Enemy Properties Act, 1968

Parliamentary Acts
Why in News
  • The Madhya Pradesh High Court in 2025 dismissed an actor's objection to the government notifying their property under the Enemy Properties Act, 1968 — upholding the State's power to vest enemy property with the Custodian.
  • The 2017 Amendment had expanded the definition to include legal heirs of enemies, even if they are Indian citizens.
Key Facts
  • Defines "enemy" as a country that committed external aggression against India — i.e., Pakistan and China
  • Enemy Property: Property belonging to/held on behalf of an enemy, enemy subject, or enemy firm — vested with Custodian of Enemy Property for India (MHA)
  • 2017 Amendment: Expanded definition to include legal heirs and successors of enemies even if they are Indian citizens, and enemies who changed their nationality
  • MP HC (2025): Dismissed actor's objection to government notification of property under the Act — upheld Central power
Important Points
  • Art. 300A: Right to property — not a fundamental right; person can be deprived by authority of law; Enemy Properties Act provides this authority
  • Art. 31C / Ninth Schedule: Property-related laws protected from Art. 14/19 challenge when put in Ninth Schedule — Enemy Properties Act operates under this framework
  • Entry 31, List I (Union List): Property of the Union — enemy properties vest with the Union; thus a central subject
  • Custodian of Enemy Property: Appointed by Central Government under MHA; manages, sells, or otherwise deals with vested properties
  • India-Pakistan Wars (1965, 1971) and India-China War (1962): Historical context for creation of enemy properties
  • Union of India v. Raja Mohammed Amir Mohammad Khan (2005): SC upheld constitutionality of enemy property vesting; reinforced in subsequent cases
  • 2017 Amendment validating retrospective transfers: Congress-era transfers of enemy properties by heirs retroactively invalidated — controversial provision
TOPIC 52

Immigration and Foreigners Act, 2025

Parliamentary Acts
Why in News
  • Passed in April 2025, the Immigration and Foreigners Act replaced four colonial-era laws and established a modern, consolidated immigration framework.
  • It legally designates the Bureau of Immigration for the first time, mandates biometric recording for all foreigners, and — through the Exemption Order — protects persecuted minorities from Bangladesh, Pakistan, and Afghanistan who entered India before December 31, 2024.
Key Facts
  • Repeals four colonial-era Acts: Passport (Entry into India) Act 1920, Registration of Foreigners Act 1939, Foreigners Act 1946, Immigration (Carriers' Liability) Act 2000
  • Bureau of Immigration (BOI) legally designated for the first time in statutory law
  • Mandatory biometric recording for all foreigners entering India
  • Foreigners' Tribunals granted powers of First-Class Judicial Magistrate nationwide
  • "Undesirable foreigner" definition expanded to include "illegal migrants"
  • Exemption Order: Protects citizens of Nepal, Bhutan, Tibetans, and undocumented religious minorities from Afghanistan/Bangladesh/Pakistan who entered India before December 31, 2024
Important Points
  • Art. 5–11: Citizenship provisions — Immigration and Foreigners Act governs non-citizens; citizenship for CAA-eligible refugees through Citizenship Act, 1955
  • Entry 17, Union List: Citizenship, naturalisation, and aliens — Parliament's exclusive domain to regulate immigration
  • CAA, 2019 + Immigration & Foreigners Act, 2025 (Exemption Order): Two-layered protection for persecuted minorities from specified countries
  • Foreigners Act, 1946: Now repealed; provided basis for Foreigners' Tribunals in Assam (NRC framework); Tribunals now governed under new Act
  • Art. 14: Right to Equality — classification of "undesirable foreigner" must be rational and non-arbitrary
  • Deportation: Under new Act, illegal migrants declared "undesirable" can be detained and deported; detention subject to Art. 22 safeguards (except for suspected enemy aliens under Art. 22(3))
  • UNHCR and non-refoulement: India is not a signatory to 1951 Refugee Convention; no domestic refugee law — Immigration Act does not address this gap
TOPIC 53

Model Prisons and Correctional Services Act, 2023

Parliamentary Acts
Why in News
  • The MHA actively pushed States to adopt the Model Prisons and Correctional Services Act, 2023 framework in 2024–25, as prison overcrowding and undertrial prisoner rights came under sustained SC scrutiny.
  • The Act integrates the colonial-era Prisoners Act, 1900 and Transfer of Prisoners Act, 1950 into a modern rehabilitation-focused framework.
Key Facts
  • MHA framework to replace colonial-era prison laws — not a mandatory central law; requires State adoption
  • Prisons and prisoners fall under Entry 4, State List — States have legislative jurisdiction; this is a model/advisory framework
  • Integrates provisions of Prisoners Act, 1900 and Transfer of Prisoners Act, 1950
  • Focus on rehabilitation, open prisons, prisoner rights, mental health care, and vocational training for convicts
Important Points
  • Entry 4, State List: Prisons, reformatories, Borstal institutions, and other institutions of a like nature — States' exclusive subject
  • Art. 21: Right to life includes rights of prisoners — right to dignity, right to legal aid, right to speedy trial extend within prison
  • Hussainara Khatoon v. State of Bihar (1979): SC held prolonged undertrial imprisonment violates Art. 21; undertrial rights now coded in BNSS Sec. 479
  • Sunil Batra v. Delhi Administration (1978): Prisoners retain all fundamental rights except those necessarily lost due to incarceration
  • Open Prisons: Suhas Chakma v. UoI (2024): SC observed open prisons as rehabilitation solution — Model Act includes open prison provisions
  • Section 479 BNSS: First-time offenders entitled to bail after serving 1/2 of maximum sentence; directly reduces overcrowding
  • NALSA v. UoI (2013): SC directed free legal aid to undertrial prisoners; Model Act codifies this obligation for prison administration
TOPIC 54

SHANTI Act, 2025

Parliamentary Acts
Why in News
  • Parliament passed the SHANTI Act (Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India) in 2025 to achieve 100 GW nuclear capacity by 2047 (Viksit Bharat target).
  • It replaces the Atomic Energy Act, 1962 and CLND Act, 2010, allows private sector participation, and removes liability provisions that had stalled international nuclear projects (Jaitapur with France; Kovvada with USA/Japan).
Key Facts
  • Full name: Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025
  • Replaces Atomic Energy Act, 1962 and Civil Liability for Nuclear Damage (CLND) Act, 2010
  • Allows private sector participation in nuclear power production — removes NPCIL monopoly
  • Operator liability capped; Central Government liable for damages exceeding operator's capped liability
  • AERB (Atomic Energy Regulatory Board) given statutory status for the first time
  • Removed previous unlimited liability (Section 46 CLND) and supplier recourse provisions (Section 17(b) CLND) — enabling Jaitapur and Kovvada projects
Important Points
  • Entry 82, Union List: Taxes on income — separate from nuclear energy; Entry 6, List I: Atomic energy and minerals used to produce atomic energy — exclusively Parliament's domain
  • Art. 21: Right to life — nuclear safety is a dimension of this right; AERB's statutory independence strengthens safety oversight
  • Doctrine of State liability: Centre bears residual liability beyond operator cap — in line with Paris Convention on Nuclear Liability (1960)
  • CLND Act, 2010: Section 17(b) — operator's right to recourse against supplier; Section 46 — unlimited liability; both removed to attract foreign nuclear investment
  • Art. 19(1)(g): Right to trade — private sector now allowed in nuclear power; reasonable restrictions under Art. 19(6) apply (safety, security)
  • Vienna Convention on Civil Liability for Nuclear Damage (1963): International framework India is moving towards aligning with
  • AERB: Previously under Atomic Energy Commission; now given independent statutory status — addressing IAEA concerns about regulatory capture
TOPIC 55

VB-G RAM G Act, 2025

Parliamentary Acts
Why in News
  • The Viksit Bharat — Gramin Rozgar Mela aur Guarantee (VB-G RAM G) Act, 2025 replaced the MGNREGA, 2005 — shifting India's rural employment guarantee from a demand-driven, rights-based framework to a supply-driven, budget-capped one.
  • Critics argue this undermines Article 41 (DPSP right to work) and the entitlements of rural labourers.
  • Presidential assent was granted and implementation is underway.
Key Facts
  • Replaces MGNREGA, 2005; shifts from demand-driven (rights-based) to supply-driven (budget-capped) framework
  • Employment guarantee increased from 100 days to 125 days per household per year
  • Allocations capped within fixed Union budget — no automatic obligation to provide work on demand
  • Funding pattern: 90:10 (NE and Himalayan states); 60:40 (other states)
  • Blackout period introduced during peak agricultural seasons to encourage farm labour market participation
  • Critics: Shift from rights-based to budget-constrained framework undermines Art. 41 and rural labourers' statutory entitlements
Important Points
  • Art. 41 (DPSP): State shall make effective provision for securing the right to work — MGNREGA operationalised this; VB-G RAM G Act weakens the rights dimension
  • Art. 23: Prohibition of forced labour — MGNREGA wages must be minimum wage compliant; VB-G RAM G Act retains this obligation
  • Art. 39(a) (DPSP): Citizens (men and women equally) have right to adequate means of livelihood — rural employment guarantee schemes implement this directive
  • Concurrent List Entry 23: Social security and social insurance, employment and unemployment — Centre and States can legislate; new Act reduces State flexibility
  • MGNREGA, 2005 (now replaced): Guaranteed 100 days of wage employment per rural household; demand-driven right — every adult willing to do unskilled manual work entitled to job
  • Budgetary implications: MGNREGA was one of the largest welfare schemes (~Rs 60,000 crore annually); VB-G RAM G Act's capped allocation may reduce coverage
  • Tribunal/Grievance Redressal: MGNREGA had Ombudsman; VB-G RAM G Act provisions for grievance redressal under review
TOPIC 56

Indian Ports Act, 2025

Parliamentary Acts
Why in News
  • The Indian Ports Act, 2025 — part of a four-law maritime reform package — replaces the colonial Indian Ports Act, 1908. It establishes the Maritime State Development Council (MSDC) chaired by the Union Ports Minister, but drew federal criticism since it requires State maritime boards to obtain Central approval before modifying frameworks, and bars civil court jurisdiction over disputes (Clause 17).
Key Facts
  • Replaces Indian Ports Act, 1908 (colonial-era)
  • Establishes Maritime State Development Council (MSDC) chaired by Union Ports Minister — includes State representatives
  • State maritime boards cannot modify governance frameworks without central approval — raises federal concern
  • Clause 17: Bars civil courts from hearing port-related disputes — directed to Maritime Tribunal/Adjudicatory body
  • Merchant Shipping (Amendment) Act, 2025: Removes full Indian ownership requirement for ships under Indian flag — part of same reform package
Important Points
  • Entry 27, Union List: Ports declared major ports — Parliament's exclusive domain; currently 13 major ports under Major Port Authorities Act, 2021
  • Entry 31, State List: Ports other than major ports — States regulate minor ports; new Act centralises even minor port governance to some extent
  • Art. 263: Inter-State Council provisions — MSDC functions similarly; but statutory creation by Parliament, not under Art. 263
  • Art. 301–307: Freedom of trade and commerce — port charges and regulation must not discriminate between States
  • Major Port Authorities Act, 2021: Replaced Major Port Trusts Act, 1963; gave major ports greater financial and governance autonomy
  • Ouster of civil court jurisdiction (Clause 17): Tribunals must satisfy L. Chandra Kumar (1997) — cannot permanently bar HC/SC jurisdiction under Arts. 226/32
  • India's maritime trade: ~95% of trade volume and ~70% of trade value moves through ports; reforms critical for Sagarmala Programme
TOPIC 57

Health Security National Security Cess Act, 2025

Parliamentary Acts
Why in News
  • Parliament passed the Health Security National Security Cess Act, 2025 alongside the Central Excise (Amendment) Act, 2025 to replace revenue from the GST compensation cess on tobacco products (set to be discontinued).
  • The cess initially applies to pan masala via capacity-based levy on manufacturing machines — a novel approach to tobacco taxation distinct from ad-valorem GST.
Key Facts
  • Replaces revenue from GST compensation cess on tobacco products — which is being discontinued post-2026
  • Initially applies to pan masala through a capacity-based cess on manufacturing machines (not on product value)
  • Cess is over and above existing GST levy — creates additional levy specifically for health-security purposes
  • Related to Central Excise (Amendment) Act, 2025 — companion legislation passed simultaneously
Important Points
  • Art. 265: No tax shall be levied or collected except by authority of law — Cess Act provides statutory authority
  • Art. 110: Money Bill — Bills imposing cess/tax are Money Bills; introduced only in Lok Sabha; Rajya Sabha can only suggest amendments
  • GST Compensation Cess: Under Goods and Services Tax (Compensation to States) Act, 2017 — to be wound down; Health Cess replaces its revenue stream
  • Art. 270 and 271: Surcharges and cesses are Union revenues — NOT shared with States (unlike taxes in divisible pool); States argued against this non-shareable nature
  • Entry 84, Union List: Duties of excise on tobacco and tobacco products — Parliament's exclusive domain; Health Cess operates under this
  • COTPA (Cigarettes and Other Tobacco Products Act, 2003): Prohibits advertisement, regulates sale — Health Cess acts as economic deterrent alongside COTPA
  • Finance Commission: Taxes in Consolidated Fund shared via Finance Commission formula; cess/surcharge exempted — fiscal federalism concern
TOPIC 58

Anand Marriage (Amendment) Act, 2012 / Sikh Marriage Registration

Parliamentary Acts
Why in News
  • In 2025, the Supreme Court directed all States and UTs to frame rules for registration of Sikh marriages under the Anand Marriage Act, 2012 Amendment — addressing a long-standing gap where many States had not notified rules despite the 13-year-old amendment.
  • The Act governs the Anand Karaj ceremony but lacks divorce provisions, forcing Sikhs to use Hindu Marriage Act for dissolution.
Key Facts
  • Original Anand Marriage Act, 1909: Sanctifies the Anand Karaj ceremony for Sikhs but lacked registration provisions
  • 2012 Amendment introduced Section 6: Mandates States to frame rules for registration of Anand Karaj marriages
  • Act lacks divorce provisions — Sikhs must use Hindu Marriage Act, 1955 for divorce despite separate marriage law
  • SC (2025): Directed all States and UTs to frame registration rules under the 2012 Amendment — remedying decade-long non-compliance
Important Points
  • Art. 25: Right to freely profess, practise, and propagate religion — Anand Marriage Act implements Sikh religious right to distinct marriage ceremony
  • Art. 26: Right to manage religious affairs — Sikh religious institution (SGPC) administers Anand Karaj; no State interference
  • Entry 5, Concurrent List: Marriage and divorce — both Centre and States can legislate; Anand Marriage Act is central law; registration rules are State subject
  • Hindu Marriage Act, 1955: Originally covered Sikhs — Anand Marriage Act provides alternative registration but no separate divorce provisions
  • Special Marriage Act, 1954: Provides for civil marriage irrespective of religion — Sikhs can also use this for inter-faith or registered marriages
  • Art. 44 (DPSP): Uniform Civil Code — divergence in marriage laws across religions is a key point in UCC debate
  • Personal Law Commission: Sikh community has been demanding a comprehensive Sikh Personal Law including divorce provisions under Anand Marriage framework
TOPIC 59

Protection of Civil Rights (PCR) Act, 1955

Parliamentary Acts
Why in News
  • Despite Article 17 abolishing untouchability, the PCR Act, 1955 remains underutilised — only 13 cases were registered in 2022 (latest available data), while SC/ST Atrocities Act registrations continue rising.
  • The divergence highlights challenges in enforcing untouchability abolition at the ground level, a key UPSC Polity and Social Justice theme.
Key Facts
  • Enacted under Article 17 — gives legislative teeth to the constitutional abolition of untouchability
  • Makes practice of untouchability a cognisable and non-bailable offence
  • Only 13 cases registered in 2022 (latest available data) — sharp contrast with rising SC/ST Atrocities Act cases
  • 97% of untouchability cases pending in courts — systemic implementation gap
Important Points
  • Art. 17: Abolition of untouchability — "Untouchability" is abolished and its practice in any form is forbidden; enforcement of any disability arising from it shall be an offence punishable in accordance with law
  • Art. 17 is an Absolute Fundamental Right — no exceptions; applies to private individuals as well as the State
  • PCR Act, 1955: Punishes refusal of services/goods on grounds of untouchability, religious disabilities, social disabilities; maximum punishment = 6 months imprisonment + fine
  • SC/ST (Prevention of Atrocities) Act, 1989: Broader law covering atrocities, discrimination, and violence against SCs/STs — more widely used than PCR Act
  • Art. 15(2): No citizen shall be denied access to shops, restaurants, wells, tanks, bathing ghats, roads, places of public resort maintained by State — implemented by PCR Act
  • Directorate of Scheduled Castes Welfare: Nodal authority for PCR Act enforcement at State level
  • National Commission for Scheduled Castes (Art. 338): Monitors implementation of PCR Act and SC/ST Atrocities Act; submits annual report to President
TOPIC 60

Telecommunications Act, 2023

Parliamentary Acts
Why in News
  • The Telecom (Procedures & Safeguards for Lawful Interception) Rules, 2024 were notified under the Telecommunications Act, 2023, authorising 10 Central agencies for phone tapping and surveillance.
  • Privacy advocates and opposition parties have challenged these provisions as going beyond permissible restrictions under Article 19(2) and violating the Puttaswamy (2017) proportionality test.
Key Facts
  • Replaces Indian Telegraph Act, 1885 — consolidates telecom law into modern framework
  • Telecom (Procedures & Safeguards for Lawful Interception) Rules, 2024 notified — 10 agencies authorised for phone tapping at Centre: IB, CBI, ED, NCB, CBDT, DRI, NIA, R&AW, Signal Intelligence, Delhi Police
  • Broad definition of "telecommunication" covers OTT (Over-The-Top) platforms like WhatsApp, Zoom, Signal
  • Mandates biometric-linked SIM verification — must link Aadhaar/biometric for SIM registration
  • Emergency powers: Centre can take over telecom networks during national emergency
Important Points
  • Art. 19(1)(a): Freedom of speech and expression includes right to communicate — phone tapping and surveillance must meet Art. 19(2) restrictions
  • Art. 21: Right to Privacy (Puttaswamy, 2017) — surveillance must pass proportionality test: legality, legitimate aim, proportionality, procedural safeguards
  • People's Union for Civil Liberties v. UoI (1997): SC laid down safeguards for phone tapping — review committee, prior authorisation by Secretary-level officer; Rules 2024 operate within this framework
  • Entry 31, Union List: Posts and telegraphs; Entry 32, Union List: Wireless, broadcasting — telecom is exclusively Union domain
  • IT Act, 2000: Section 69: Central/State Government can order interception of information — overlapping framework with Telecom Act surveillance powers
  • K.S. Puttaswamy v. UoI (2017): Privacy is a Fundamental Right; mass surveillance without individualised orders violates Art. 21
  • OTT regulation debate: TRAI has recommended OTT platforms be regulated under telecom framework; Telecommunications Act, 2023 enables this classification
TOPIC 61

Other Key Acts — Lokpal, NMC, Legal Services, RPwD, Dam Safety

Parliamentary Acts
Why in News
  • Several landmark Acts reached significant milestones in 2024–25: the Legal Services Authorities Act, 1987 completed 30 years of implementation; PWDVA completed 20 years; and Punjab Assembly passed a resolution calling the Dam Safety Act, 2021 an attack on federalism — keeping these Acts in UPSC focus.
Key Facts
  • Lokpal and Lokayuktas Act, 2013: Established Lokpal as central anti-corruption ombudsman; first Lokpal appointed in 2019
  • National Medical Commission (NMC) Act, 2019: Replaced Medical Council of India (MCI) with NMC comprising 4 autonomous boards — Undergraduate Medical Education, Postgraduate Medical Education, Medical Assessment and Rating, Ethics and Medical Registration
  • Legal Services Authorities Act, 1987: Three-tier free legal aid system — NALSA (national) → SLSA (State) → DLSA (District); completed 30 years of implementation in 2025
  • RPwD Act, 2016: Mandates 4% reservation for persons with benchmark disabilities (40%+ impairment) in government jobs
  • Dam Safety Act, 2021: National Dam Safety Authority (NDSA) + State Dam Safety Organisations; Punjab Assembly passed resolution calling it an attack on federal structure
Important Points
  • Art. 323B: Parliament may establish tribunals for adjudication of specified disputes — Lokpal operates under Art. 323B framework
  • Art. 39A (DPSP): Equal justice and free legal aid — NALSA and Legal Services Authorities Act operationalise this Directive
  • Art. 15(3): State can make special provisions for women and children; Art. 15(4): For socially/educationally backward classes — RPwD reservations grounded in these
  • Lokpal: Chairperson + up to 8 members (50% judicial); investigates corruption by PM (with full bench), Ministers, MPs, Group A/B/C/D officers
  • NMC Act, 2019: NEXT (National Exit Test) introduced as unified exit exam for MBBS graduates — equivalent to bridge course for foreign medical graduates
  • NALSA v. UoI (2013): SC recognised transgenders as third gender; directed legal aid to marginalised communities — NALSA mandate expanded
  • Dam Safety Act, 2021: Justified under Entry 56 Union List (regulation of inter-State rivers) — States argue most dams are single-State projects; federalism tension
TOPIC 62

Public Examinations (Prevention of Unfair Means) Act, 2024

Parliamentary Acts
Why in News
  • The Act came into force in June 2024 directly in the wake of the NEET-UG paper leak scandal — which triggered mass protests, political controversy, and SC scrutiny of the National Testing Agency (NTA).
  • The Act introduces stringent penalties for paper leaks, impersonation, and organised exam fraud, and holds exam-conducting agencies accountable.
Key Facts
  • Came into force June 2024; triggered by NEET-UG 2024 paper leak scandal and related NTA controversies
  • Penalties: Organised exam crime → 3–10 years imprisonment + Rs. 1 crore fine
  • Covers exams conducted by UPSC, SSC, RRBs, IBPS, NTA, and other designated public examination authorities
  • Service-provider liability: Exam-conducting agencies and their vendors can be held accountable for unfair means
  • Offences: Paper leak, impersonation, tampering with answer sheets, computer network manipulation, organised cheating rings
Important Points
  • Art. 14: Right to Equality — merit-based selection in public services; paper leaks violate equality of opportunity for all candidates
  • Art. 16: Equality of opportunity in public employment — exam integrity is a constitutional prerequisite for fair public service recruitment
  • Entry 97, Union List (Residuary): Parliament legislates on matters not in any list — public examinations by Central bodies covered under residuary/Union powers
  • Art. 32 and 226: Candidates filed writ petitions challenging NEET-UG 2024 results; SC monitored probe and re-test decisions
  • NTA (National Testing Agency): Autonomous body under Education Ministry; conducts NEET, JEE, CUET; restructured after 2024 controversy
  • Art. 21A: Right to Education (6–14) and indirectly quality higher education access — exam fraud undermines this constitutional commitment
  • CBI investigation: SC-monitored probe into NEET-UG paper leak; Act now creates specific criminal offences for such organised fraud
TOPIC 63

Anusandhan National Research Foundation Act, 2023

Parliamentary Acts
Why in News
  • The NRF Act, 2023 established the Anusandhan National Research Foundation as India's apex research funding body with a Rs. 50,000 crore five-year corpus — the largest-ever public research investment.
  • It supersedes the Science and Engineering Research Board (SERB) and aims to position India as a global science and technology leader by 2047.
Key Facts
  • Establishes Anusandhan National Research Foundation (NRF) as apex body for research funding in science, technology, and humanities
  • Rs. 50,000 crore corpus over 5 years — largest ever public research investment in India
  • Supersedes Science and Engineering Research Board (SERB); integrates its functions
  • PM chairs the Governing Board; Union Ministers + leading scientists as members
  • Promotes collaboration between academia, industry, government, and international research bodies
Important Points
  • Art. 51A(h): Fundamental Duty to develop scientific temper, humanism, and spirit of inquiry — NRF Act directly implements this duty
  • Entry 63, Union List: Institutions for scientific/technical education funded by Central Government — NRF operates under this
  • Science, Technology and Innovation Policy (STIP) 2020: NRF aligns with its goal of increasing R&D investment to 2% of GDP by 2030
  • Art. 38 (DPSP): State to promote welfare of people through educational and scientific advancement — NRF implements this directive
  • PM-STI (Science, Technology and Innovation) Policy: NRF is its institutional embodiment; private sector encouraged to co-fund research
  • Peer-review grant system: NRF to fund competitive grants — similar to US NSF or EU Horizon; India's GERD (Gross Expenditure on R&D) currently ~0.65% of GDP
  • Art. 19(1)(a) and 19(1)(g): Academic freedom and right to practise a profession — research institutions benefit from constitutional protection of intellectual freedom
TOPIC 64

Jan Vishwas (Amendment of Provisions) Act, 2023

Parliamentary Acts
Why in News
  • The Jan Vishwas Act, 2023 decriminalised minor administrative offences across 42 Central Acts — converting criminal penalties to civil fines for first-time technical violations.
  • It signals India's shift towards Ease of Doing Business by removing the fear of imprisonment for inadvertent non-compliance across sectors like Drugs, Environment, and Media.
Key Facts
  • Decriminalises minor/technical administrative offences across 42 Central Acts
  • Eliminates imprisonment for first-time technical violations — replaced with enhanced civil monetary penalties
  • Covers sectors: Drugs & Cosmetics, Environment, Industry, Media, IT, Food Safety, Agriculture, and more
  • Creates Adjudicating Officers to impose penalties in place of criminal courts
  • Periodic revision of fines every 3 years built into the Act to keep penalties relevant
Important Points
  • Art. 19(1)(g): Right to carry on any trade or profession — excessive criminalisation was a barrier to business; Jan Vishwas removes this
  • Art. 21: No deprivation of personal liberty except by procedure established by law — replacing imprisonment with fines for technical violations aligns with proportionality principle
  • K.S. Puttaswamy (2017): Proportionality test — penalties must be proportionate to the violation; imprisonment for minor administrative lapse was disproportionate
  • Ease of Doing Business: Jan Vishwas complements Business Reforms Action Plan; India's ranking improved significantly post-2014 on World Bank EODB index
  • Environment-related decriminalisation: Amendments to Environment Protection Act, 1986 and Air/Water Acts — civil adjudication replaces criminal prosecution for minor violations
  • BNS, 2023: Introduced community service as punishment — Jan Vishwas similarly reflects move away from incarceration for non-serious offences
  • Prior art: Companies Act, 2013 and FEMA, 1999 had already moved in this direction; Jan Vishwas extends the principle broadly
TOPIC 65

Multi-State Co-operative Societies (Amendment) Act, 2023

Parliamentary Acts
Why in News
  • The Multi-State Co-operative Societies (Amendment) Act, 2023 implements the 97th Constitutional Amendment provisions for multi-state cooperatives — establishing a Central Registrar, a Co-operative Election Authority, and mandating gender and SC/ST diversity on boards.
  • It aligns with the new Ministry of Cooperation's reform agenda.
Key Facts
  • Implements provisions of the 97th Constitutional Amendment (Part IXB — Cooperative Societies)
  • Establishes Central Registrar for multi-state cooperatives; and a Co-operative Election Authority
  • Mandatory board representation: At least 2 seats for women; representation for SC/ST members
  • Restricts board members from simultaneous membership on more than one cooperative board
  • Enhances audit and financial disclosure requirements; strengthens member rights
Important Points
  • Art. 19(1)(c): Right to form associations — amended by 97th CAA to include right to form cooperative societies as Fundamental Right
  • Art. 43B (DPSP): State shall promote voluntary formation, autonomous functioning, democratic control of cooperatives — Act operationalises this
  • Part IXB (Arts. 243ZH–243ZT): Constitutional framework for cooperatives added by 97th CAA; includes free, fair elections, limited tenure, audit, etc.
  • Entry 43, Union List: Corporations, whether trading or not; Entry 32, State List: Corporations — multi-state cooperatives fall under Union domain
  • 97th CAA (2011) struck down partially by SC (2021): Central law cannot regulate single-state cooperatives without State ratification — Amendment only applies to multi-state bodies
  • Ministry of Cooperation (2021): Dedicated ministry created to oversee cooperative sector reforms including this Act
  • Co-operative Election Authority: Ensures free and fair elections within multi-state cooperatives — modelled on State election commissions for panchayat elections
TOPIC 66

Competition Amendment Act, 2023

Parliamentary Acts
Why in News
  • The Competition (Amendment) Act, 2023 modernised India's antitrust framework for the digital age — introducing a deal-value threshold for merger notifications (Rs. 2,000 crore), reducing merger review timelines, and introducing provisions to address digital market gatekeepers.
  • The Act aligns India with global competition law best practices (EU Digital Markets Act, US antitrust developments).
Key Facts
  • Introduces deal-value threshold for merger notifications: Rs. 2,000 crore — captures large tech acquisitions not triggering turnover thresholds
  • Reduces merger review period from 210 days to 150 days — faster approval for businesses
  • Special provisions for digital markets: Platforms can face competition scrutiny even without high market share if "gateway effect" proven
  • Introduces "anti-competitive agreements" by hub-and-spoke cartel arrangements — covers digital platforms coordinating competitor pricing
Important Points
  • Art. 19(1)(g): Right to carry on trade — competition law ensures this right is not undermined by monopolistic practices
  • Entry 97, Union List (Residuary): Competition law primarily under residuary powers; also Entry 42 (Inter-State trade) and Entry 43 (corporations)
  • Competition Act, 2002: Original framework; CCI (Competition Commission of India) established as statutory regulator — Amendment strengthens CCI powers
  • CCI: Quasi-judicial body; can investigate anti-competitive agreements (Section 3), abuse of dominant position (Section 4), and combinations (Sections 5–6)
  • EU Digital Markets Act (2022): Global template for digital market regulation — Indian Amendment draws inspiration for gateway/gatekeeper provisions
  • Merger control: Combination requires CCI approval if crossing thresholds (now includes deal-value threshold alongside turnover/asset thresholds)
  • Leniency Programme (Section 46): Entities disclosing cartel arrangements to CCI can get penalty reduction — retained and strengthened in Amendment
TOPIC 67

Representation of People Act, 1950 & 1951

Parliamentary Acts
Why in News
  • RPA, 1950 and 1951 form the statutory backbone of Indian electoral law.
  • The 2025 debate on NOTA in uncontested elections, SC ruling in Anoop Baranwal (2023) on ECI appointments, and ECI's Special Intensive Revision (SIR) of electoral rolls all trace back to these Acts — making them perennial UPSC Prelims foundations.
Key Facts
  • RPA, 1950: Governs preparation and maintenance of electoral rolls; Section 16 disqualifies non-citizens from voting
  • RPA, 1951 Section 62: Right to vote for persons on electoral roll — excludes persons in lawful custody in prison
  • RPA, 1951 Section 53(2): In uncontested elections, returning officer declares candidate elected without poll — basis of NOTA debate for uncontested seats
  • RPA, 1951 Section 8: Disqualification on conviction for certain offences (2+ years imprisonment) — basis of Lily Thomas ruling (2013)
  • RPA, 1951 Section 77: Candidates must maintain election expense accounts; violation leads to disqualification
Important Points
  • Art. 324: ECI superintends, directs, and controls preparation of electoral rolls and conduct of elections — RPA gives statutory content to this constitutional mandate
  • Art. 326: Universal adult franchise — RPA, 1950 implements this by providing for electoral roll registration for citizens 18+
  • Art. 102 and 191: Disqualification of MPs and MLAs — RPA, 1951 Section 8/9/10/11 provides specific disqualification grounds
  • Lily Thomas v. UoI (2013): SC struck down Section 8(4) RPA (which allowed sitting lawmakers to continue pending appeal) — immediate disqualification on conviction now applies
  • PUCL v. UoI (2013): SC directed ECI to provide NOTA option on EVMs — exercised under Art. 324 read with Art. 19(1)(a)
  • Anoop Baranwal v. UoI (2023): SC held ECI appointments must be made by committee (PM + Leader of Opposition + CJI) until Parliament legislates — new law passed 2023
  • Section 10A, RPA, 1951: Disqualification for failure to lodge election expense accounts — widely tested in UPSC
TOPIC 68

Child Labour (Prohibition and Regulation) Amendment Act, 2016

Parliamentary Acts
Why in News
  • Child labour remains a key UPSC Social Justice theme. The 2016 Amendment — though static — is frequently tested for its age-wise classification of prohibited work, the family enterprise exception, and the PENCiL Portal enforcement mechanism.
  • SC in 2024–25 directed stricter enforcement of CLPRA norms across States.
Key Facts
  • Prohibits employment of children below 14 years in all occupations and processes
  • Prohibits adolescents (14–18 years) from working in "scheduled hazardous occupations" listed in the Schedule
  • Exception: Children can assist in family enterprises (not hazardous) and participate in entertainment with safeguards
  • PENCiL Portal (Platform for Effective Enforcement for No Child Labour): National monitoring system for tracking violations and rescue operations
  • Enforcement: District Magistrate designated as nodal officer; violations cognisable and non-bailable
Important Points
  • Art. 24: No child below 14 years shall be employed in any factory, mine, or hazardous employment — absolute Fundamental Right; no exceptions
  • Art. 21A: Right to free and compulsory education for 6–14 years — CLPRA complements this by ensuring children are in school, not labour
  • Art. 39(e) (DPSP): State to protect children from economic necessity to enter unsuitable occupation — CLPRA implements this directive
  • Art. 39(f) (DPSP): Children given opportunity to develop in healthy manner, free from exploitation — CLPRA directly implements this
  • International Labour Organisation (ILO): Conventions 138 (minimum age) and 182 (worst forms of child labour) ratified by India — CLPRA aligns domestic law with ILO norms
  • Bachpan Bachao Andolan v. UoI (2011): SC directed comprehensive measures against child labour including National Plan of Action
  • National Child Labour Policy, 1987: Earlier framework; National Child Labour Projects (NCLP) rehabilitate rescued child labourers through bridge schools
TOPIC 69

Rights of Persons with Disabilities Act (RPwD), 2016 & Sickle Cell Exclusion

Parliamentary Acts
Why in News
  • In 2024, revised DOPT guidelines controversially excluded Sickle Cell Disease (SCD) from the 4% disability reservation quota under RPwD Act, classifying it as an "invisible/episodic" disability.
  • SC noted the anomaly and directed review — keeping the RPwD Act's scope of "benchmark disability" under active judicial scrutiny.
Key Facts
  • Mandates 4% reservation for persons with "benchmark disabilities" (40%+ impairment) in government jobs and educational institutions
  • Section 42: Mandates accessible audio, print, and electronic media — basis of Amar Jain (Art. 21) digital access ruling
  • 2024 revised DOPT guidelines: Excluded Sickle Cell Disease from 4% quota, classifying it as an "invisible/episodic" disability — controversial
  • SC noted (2024–25): Upward mobility principle for PwDs in employment needs clarification; directed review of SCD exclusion
  • 21 specified disabilities under RPwD Act (up from 7 under Persons with Disabilities Act, 1995)
Important Points
  • Art. 14: Right to Equality — exclusion of SCD from disability reservation raises equal protection concerns
  • Art. 15(1): No discrimination on grounds including disability — disability discrimination explicitly prohibited in constitutional scheme
  • Art. 41 (DPSP): Right to work with special provision for disabled — RPwD Act gives legislative substance to this directive
  • UNCRPD (UN Convention on Rights of Persons with Disabilities): India ratified in 2007 — RPwD Act, 2016 enacted to align domestic law; its definition of disability follows the UNCRPD social model
  • National Commission for Persons with Disabilities (Divyangjan): Statutory body under RPwD Act; investigates complaints; functions similar to a civil court
  • Chief Commissioner for Persons with Disabilities: Central grievance redressal authority; State Commissioners at State level
  • 4% reservation breakdown: 1% for visually impaired, 1% for hearing impaired, 1% for locomotor/cerebral palsy, 1% for others including multiple disabilities
TOPIC 70

Forest Rights Act, 2006 (FRA) — Talash Initiative 2025

Parliamentary Acts
Why in News
  • The Ministry of Tribal Affairs launched the Talash Initiative in 2025 — a targeted drive to identify left-out Forest Rights Act claimants across tribal districts and ensure 100% settlement of pending claims.
  • India's FRA implementation record remains uneven, and the initiative directly tests the constitutional framework of tribal rights to forest land.
Key Facts
  • Recognises Individual Forest Rights (IFR): Right to cultivate and live in forest land up to 4 hectares
  • Community Forest Rights (CFR): Right to protect, regenerate, and manage community forest resources
  • Rights include: Minor forest produce, fishing, grazing, seasonal resource use, intellectual property rights over bio-diversity
  • Gram Sabha: Primary authority to receive and verify FRA claims — empowered under PESA framework for Fifth Schedule areas
  • Talash Initiative (2025): MoTA launched to identify left-out claimants; ensure 100% settlement of pending FRA claims across all tribal districts
Important Points
  • Art. 244(1) + Fifth Schedule: Scheduled Areas governance — FRA operates primarily in Fifth Schedule areas alongside PESA framework
  • Art. 46 (DPSP): State to promote educational and economic interests of SCs and STs — FRA directly implements this directive
  • PESA Act, 1996: Empowers Gram Sabha to manage natural resources in Scheduled Areas — FRA's Gram Sabha-centred approach is consistent with PESA
  • Samata v. State of Andhra Pradesh (1997): SC held tribal forest land cannot be transferred to non-tribals; FRA codifies similar protective principles
  • FRA, 2006 corrects "historical injustice": Parliament's preamble acknowledges the historical exclusion of tribal communities from forest rights dating to colonial era
  • Forest Conservation Act, 1980 (now Forest Conservation Amendment Act, 2023): Interplay with FRA — diversion of forest land requires consent of Gram Sabha in Fifth Schedule areas
  • Wildlife Protection Act, 1972 vs FRA: SC in Niyamgiri Case (2013) held Gram Sabha consent required even in protected wildlife areas when traditional forest rights exist
TOPIC 71

Juvenile Justice (Care and Protection of Children) Act, 2015

Parliamentary Acts
Why in News
  • The JJ Act's provisions are in active judicial focus — POCSO-related cases involving minors, SC directives on adoption process reforms (CARA), and increasing cases of children in conflict with law have kept the Act relevant in 2024–25.
  • The 2021 Amendment strengthened the District Magistrate's oversight role.
Key Facts
  • Defines "child" as person below 18 years; replaces earlier Juvenile Justice Act, 2000
  • Two categories: Child in Need of Care and Protection (CNCP) — welfare; Child in Conflict with Law (CCL) — justice
  • Key statutory bodies: Child Welfare Committee (CWC) for CNCP; Juvenile Justice Board (JJB) for CCL
  • 2021 Amendment: District Magistrate given additional powers for supervision, monitoring, and ensuring speedy adoption
  • CARA (Central Adoption Resource Authority): Statutory body under JJ Act; governs domestic and inter-country adoption
  • Inter-Country Adoption: Governed by Hague Convention on Intercountry Adoption (1993) — India ratified 2003
Important Points
  • Art. 15(3): State can make special provisions for women and children — JJ Act grounded in this
  • Art. 21: Right to life with dignity — children in conflict with law or in need of care have FR to rehabilitation, not just punishment
  • Art. 39(f) (DPSP): Children to develop in healthy manner; protected from exploitation — JJ Act implements this directive
  • UN Convention on Rights of the Child (UNCRC): India ratified 1992; JJ Act aligns domestic law with UNCRC principles (best interest of child, non-criminalisation)
  • JJB Composition: Chief Judicial Magistrate/Judicial Magistrate + 2 social workers (one must be a woman); rehabilitative, not punitive mandate
  • Heinous offences (7+ years punishment): If 16–18 year old commits heinous offence, JJB can transfer to Children's Court after assessment
  • CARA's Centralised Adoption Resource Information & Guidance System (CARINGS): Online portal for adoption matching; all adoption agencies must register

Batch 2 Revision Complete (Topics 41–71)

UPSCTREE | "Atto Deepo Bhava"