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Showing results for Polity·26 articles
Cabinet Approves Increase in Supreme Court Judge Strength from 34 to 38
In March 2024, the Union Cabinet approved increasing the Supreme Court's sanctioned judge strength from 34 to 38, including the Chief Justice. This move, backed by Article 124(1) and amendments to the Supreme Court (Number of Judges) Act, 1956, aims to reduce case backlog and improve judicial efficiency amid rising pendency and economic costs.
Public Interest Litigation in India: From Social Justice to Private Interest Litigation
Public Interest Litigation (PIL) in India, evolved through judicial interpretation under Articles 32 and 226, was designed to facilitate social justice. However, recent Supreme Court observations reveal its misuse as 'private interest litigation', causing judicial delays and economic costs. Procedural reforms and stricter safeguards are needed to restore PIL's original constitutional intent.
Cabinet Approves Four Additional Supreme Court Judges to Address Judicial Backlog
In April 2024, the Union Cabinet approved four additional Supreme Court judges, increasing the sanctioned strength to 38 to address the backlog of 70,000 cases. This move, grounded in Article 124 and the collegium system, aims to expedite justice delivery and reduce economic losses estimated at ₹3 lakh crore annually due to delays.
Transformation of PIL into ‘Paisa Interest Litigation’: Judicial and Economic Implications
A Supreme Court judge recently termed the misuse of Public Interest Litigation (PIL) as 'paisa interest litigation,' highlighting the shift from PIL’s constitutional purpose to frivolous, financially motivated cases. This trend strains judicial resources, delays genuine public interest adjudication, and imposes economic costs estimated at ₹500 crore annually, reducing GDP growth by 0.5%. Legal safeguards exist but lack robust enforcement, necessitating statutory reforms.
Cabinet Approves Four Additional Supreme Court Judges: Implications and Institutional Context
In April 2024, the Union Cabinet approved four additional Supreme Court judges, raising the sanctioned strength from 34 to 38. This move aims to reduce the backlog of 27.5 lakh cases and improve judicial efficiency, operating within the constitutional framework of Article 124 and the collegium system.
Silencing Academia and Its Impact on Democratic Space in India
Academic freedom in India, protected under Article 19(1)(a), faces systematic suppression through sedition laws and institutional constraints. This undermines democratic discourse and innovation, with India ranking 120th in the 2023 Academic Freedom Index. Legal reforms and institutional autonomy are critical to safeguard pluralistic academic spaces.
Cabinet Approves Bill to Increase Supreme Court Judges from 34 to 38: Implications and Analysis
In June 2024, the Union Cabinet approved increasing the sanctioned strength of Supreme Court judges from 34 to 38 to reduce backlog and expedite justice. This amendment to the Supreme Court (Number of Judges) Act, 1956 aligns with constitutional provisions and aims to improve judicial efficiency, economic outcomes, and ease of doing business.
Cabinet Approval to Criminalize Insult to Vande Mataram: Legal and Constitutional Dimensions
In June 2024, the Union Cabinet approved amending the Prevention of Insults to National Honour Act, 1971, to criminalize insults to the national song Vande Mataram. This legal safeguard aligns with Article 51A(a) constitutional duties but raises concerns about freedom of expression under Article 19(1)(a). The amendment reflects a complex balance between patriotism and fundamental rights.
Transformation of PIL into ‘Paisa Interest Litigation’: Judicial Concerns and Implications
A senior Supreme Court judge in 2023 characterized Public Interest Litigation (PIL) as 'paisa interest litigation,' highlighting misuse of PIL for financial gains. Originating under Articles 32 and 226, PILs have expanded access to justice but now face challenges of frivolous filings that burden courts and impose economic costs estimated at ₹3.5 lakh crore annually. Judicial efforts, including 2019 Supreme Court guidelines, seek to restore PIL’s social justice mandate through stricter screening and reforms.
Cabinet Approves Increase in Supreme Court Judges from 34 to 38: Legal and Economic Implications
In April 2024, the Union Cabinet approved increasing the Supreme Court judges' sanctioned strength from 34 to 38 by amending the Supreme Court Judges Act, 1956. This aims to reduce the backlog of 4.7 lakh cases and improve judicial efficiency, addressing economic losses due to delays and aligning with evolving judicial demands.
Silencing Academia and Its Impact on Democratic Space in India
India’s systematic silencing of academic freedom through legal and institutional means undermines democratic space by restricting critical inquiry and dissent. Constitutional safeguards exist but are weakened by vague national security clauses and misuse of sedition laws. This suppression impacts research output, international collaboration, and the global standing of Indian higher education.
Forest Rights Act (FRA), 2006: Legal Framework, Implementation Challenges, and Institutional Dynamics
The Forest Rights Act (FRA), 2006 legally recognizes forest rights of tribal and traditional forest dwellers, addressing historical injustices. Despite recognizing over 1.2 crore rights, implementation faces institutional conflicts, judicial inconsistencies, and procedural gaps, limiting its transformative impact on forest governance and tribal livelihoods.
Supreme Court Critique of Transgender Persons (Protection of Rights) Amendment Act, 2026
The Supreme Court’s 2026 critique of the Transgender Persons (Protection of Rights) Amendment Act highlights its conflict with constitutional self-identification rights under Article 21. By mandating medical board certification, the Amendment reverses the autonomy affirmed in the 2014 NALSA judgment, risking increased bureaucratic barriers and economic marginalisation for transgender persons.
Analysis of the Prime Minister’s Broadcast and Potential Violation of the Model Code of Conduct
The Prime Minister’s broadcast on government media during the Model Code of Conduct period in March 2024 raised questions of MCC violation under Section 126 of the Representation of the People Act, 1951. The broadcast’s timing and platform use potentially compromised election impartiality, highlighting gaps in MCC’s enforceability and the need for statutory backing.
Supreme Court to Examine Plea Challenging Apnoea Test for Brain Death Certification in India
The Supreme Court of India is set to examine a plea challenging the mandatory apnoea test for brain death certification under THOTA 1994 and its 2014 Rules. This scrutiny highlights the need for legal clarity, enhanced medical protocols, and protection of patient rights amid India's low organ donation rates and growing transplantation demand.
Regulating Online Content Takedowns in India: Legal Framework, Challenges, and Comparative Insights
India’s online content takedown regime is governed by the IT Act, 2000 and IT Rules 2021, balancing free speech under Article 19(1)(a) with reasonable restrictions. Despite a booming digital economy and over 1.5 million takedown requests annually, the framework lacks independent oversight, risking arbitrary removals. Comparative insights from the EU Digital Services Act highlight the need for transparency, appeals, and accountability.
Trends and Determinants of Rising Electoral Participation in India
India’s electoral participation has risen steadily from 61.97% in 2004 to 67.11% in 2019, driven by institutional reforms under Article 324, technological innovations like EVMs, and expanded voter inclusivity. Despite progress, marginalized groups face access and education challenges, requiring targeted policy interventions.
Azhikode Award: Promoting Literary and Social Activism in India
The Azhikode Award, instituted in 2015 by the Kerala Sahitya Akademi, honors contributions to literature and social activism, reflecting the constitutional guarantee of free speech and the growing creative economy in India. Despite institutional support, challenges remain in funding and press freedom, underscoring the award's role in promoting democratic discourse.
Electoral Participation Trends and Institutional Drivers in India
India’s electoral participation has steadily increased, with Lok Sabha voter turnout rising from 61.97% in 2004 to 67.4% in 2019. Institutional reforms, legal frameworks under Article 324 and the Representation of the People Act, and technological adoption like EVMs have driven this trend. Despite improvements, disparities persist among marginalized groups, requiring targeted policy interventions.
Storage and Security of EVMs Between Polling and Counting in India
Electronic Voting Machines (EVMs) in India are stored securely in district strongrooms under the custody of District Election Officers, with 24/7 CCTV surveillance and CAPF security. Legal provisions under Article 324, Conduct of Elections Rules, and Supreme Court rulings govern these protocols, ensuring election integrity. VVPAT devices introduced nationwide in 2019 enhance transparency and auditability.
Journey of Electronic Voting Machines (EVMs) Between Polling and Counting in India
The journey of Electronic Voting Machines (EVMs) between polling and counting in India is governed by constitutional provisions under Article 324, the Representation of the People Act, and detailed Election Commission guidelines. Multi-layered security protocols involving CAPF escorts, GPS tracking, and sealed strong rooms ensure the integrity of EVMs. The introduction of VVPATs since 2019 adds transparency, although the absence of independent third-party audits remains a critical gap.
Journey of Electronic Voting Machines (EVMs) Between Polling and Counting in India
The journey of Electronic Voting Machines (EVMs) between polling and counting in India involves strict custody protocols, GPS-tracked transportation, and judicial mandates like VVPAT use to ensure election integrity. Governed by Article 324 and ECI guidelines, this process has maintained near-perfect accuracy and zero tampering incidents in recent elections.
Sikkim Declared First Paperless State Judiciary in India: A Digital Governance Milestone
In April 2024, the Chief Justice of India declared Sikkim as the first paperless state judiciary, marking a landmark in judicial digitization. This initiative leverages constitutional provisions and the e-Courts Mission Mode Project to enhance efficiency, reduce costs by 30%, and save over 10,000 kg of paper annually, setting a precedent for judicial reforms nationwide.
Promotion & Regulation of Online Gaming Rules, 2026: Framework and Implications
The Promotion & Regulation of Online Gaming Rules, 2026, notified by MeitY, establish a central licensing and regulatory framework for India's booming online gaming sector. The Rules address consumer protection, data privacy, and economic growth, while navigating constitutional and legal challenges related to gambling and freedom of expression.
Analytical Study Note on Recent Amendments to Citizenship Rules by Centre 2024
The Centre's 2024 amendments to the Citizenship Rules reduce naturalization residency from 12 to 7 years and streamline processes, aiming to enhance security and administrative efficiency. While these changes impact labor markets and diaspora engagement, they raise constitutional concerns due to inadequate safeguards for vulnerable groups such as stateless persons and refugees.
Komagata Maru Incident 1914: Racialized Immigration Policies and Colonial Contradictions
The 1914 Komagata Maru incident involved 376 Indian migrants denied entry to Canada under the racially exclusionary Continuous Journey Regulation. It exposed contradictions in British imperial citizenship, highlighting colonial subjects’ lack of legal protections and the socio-political impact of racialized immigration policies.