ECI & 2023 Appointment Law
News: SC gave a split verdict on whether challenges to the CEC & Other ECs Act, 2023 should go to a Constitution Bench; matter referred to the CJI. A Constitution Bench has minimum 5 judges under Article 145(3).
1. Constitutional position
• Article 324- superintendence, direction & control of elections vested in ECI; covers Parliament, State Legislatures, President & Vice-President.
• Art. 324(2)- CEC/ECs appointed by President, subject to any law made by Parliament.
• ECI is a constitutional body, not a statutory body.
2. Anoop Baranwal Case, 2023
• SC temporarily prescribed appointment through PM + LoP in Lok Sabha + CJI.
• This arrangement was to continue only until Parliament enacted a law.
• SC also urged consideration of an independent ECI Secretariat and charging its expenditure to the Consolidated Fund of India.
3. CEC & EC Act, 2023
• Appointing authority: President.
• Selection Committee: PM + LoP in Lok Sabha + Union Cabinet Minister nominated by PM.
• Thus, the CJI is not part of the statutory selection committee.
• Search Committee: headed by the Union Law Minister, prepares the shortlist.
• Tenure: 6 years or 65 years, whichever earlier; no reappointment.
4. Removal
• CEC: removable in the same manner and on the same grounds as a Supreme Court judge.
• Other ECs: removable by President only on recommendation of CEC.
• Hence, CEC and ECs do not enjoy identical removal protection.
Interlink: https://t.me/bpscweb/46143
#CA2026
#POLITY
#GS2mains
News: SC gave a split verdict on whether challenges to the CEC & Other ECs Act, 2023 should go to a Constitution Bench; matter referred to the CJI. A Constitution Bench has minimum 5 judges under Article 145(3).
1. Constitutional position
• Article 324- superintendence, direction & control of elections vested in ECI; covers Parliament, State Legislatures, President & Vice-President.
• Art. 324(2)- CEC/ECs appointed by President, subject to any law made by Parliament.
• ECI is a constitutional body, not a statutory body.
2. Anoop Baranwal Case, 2023
• SC temporarily prescribed appointment through PM + LoP in Lok Sabha + CJI.
• This arrangement was to continue only until Parliament enacted a law.
• SC also urged consideration of an independent ECI Secretariat and charging its expenditure to the Consolidated Fund of India.
3. CEC & EC Act, 2023
• Appointing authority: President.
• Selection Committee: PM + LoP in Lok Sabha + Union Cabinet Minister nominated by PM.
• Thus, the CJI is not part of the statutory selection committee.
• Search Committee: headed by the Union Law Minister, prepares the shortlist.
• Tenure: 6 years or 65 years, whichever earlier; no reappointment.
4. Removal
• CEC: removable in the same manner and on the same grounds as a Supreme Court judge.
• Other ECs: removable by President only on recommendation of CEC.
• Hence, CEC and ECs do not enjoy identical removal protection.
Interlink: https://t.me/bpscweb/46143
#CA2026
#POLITY
#GS2mains
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Media is too big
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Champa: Bihar —> Vietnam
1. Champa (Bhagalpur) —> capital of Anga, one of the 16 Mahajanapadas; Mahabharata associates Anga with Karna.
3. Located at meeting of Champa River & Ganga became a major river port.
4. Merchants moved east to Tamralipti (Bengal) and beyond; Jataka tales mention Champa merchants.
5. Maritime traders sailed to Southeast Asia —> tradition links them with another Champa in Vietnam.
6. 192 CE onward —> Champa emerged in central Vietnam; became a major political-cultural power.
7. Indian imprint —> Sanskrit, Brahmi-script inscriptions and Hinduism.
8. Major centres —> Indrapura, Amaravati, Vijaya, Panduranga.
9. Waters adjoining Champa were historically called “Champa Sea” —> today part of the South China Sea.
10. Vietnamese Champa later declined, though a Cham Hindu community survives; ancient Bihar’s Champa now lies around old Bhagalpur- a reminder of early India–Southeast Asia links.
#BIHARspecial
1. Champa (Bhagalpur) —> capital of Anga, one of the 16 Mahajanapadas; Mahabharata associates Anga with Karna.
3. Located at meeting of Champa River & Ganga became a major river port.
4. Merchants moved east to Tamralipti (Bengal) and beyond; Jataka tales mention Champa merchants.
5. Maritime traders sailed to Southeast Asia —> tradition links them with another Champa in Vietnam.
6. 192 CE onward —> Champa emerged in central Vietnam; became a major political-cultural power.
7. Indian imprint —> Sanskrit, Brahmi-script inscriptions and Hinduism.
8. Major centres —> Indrapura, Amaravati, Vijaya, Panduranga.
9. Waters adjoining Champa were historically called “Champa Sea” —> today part of the South China Sea.
10. Vietnamese Champa later declined, though a Cham Hindu community survives; ancient Bihar’s Champa now lies around old Bhagalpur- a reminder of early India–Southeast Asia links.
#BIHARspecial
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Anti Defection Act
--> The Supreme Court upheld the disqualification of Telangana MLA Danam Nagender under the 10th Schedule of the Constitution.
--> The Case: Nagender was elected on a BRS ticket in 2023 but subsequently contested the 2024 Lok Sabha elections on an INC ticket. After losing the parliamentary election, he attempted to return to his original party.
#CA2026
#POLITY
--> The Supreme Court upheld the disqualification of Telangana MLA Danam Nagender under the 10th Schedule of the Constitution.
--> The Case: Nagender was elected on a BRS ticket in 2023 but subsequently contested the 2024 Lok Sabha elections on an INC ticket. After losing the parliamentary election, he attempted to return to his original party.
#CA2026
#POLITY
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The Italian Cabinet under Prime Minister Giorgia Meloni adopted a decree law restricting face veils and capping non-proficient students in public schools:
1. Veil Prohibition: Complete ban on the burqa and niqab in educational institutions, justified under public security, civic integration, and gender rights.
2. Classroom Quotas: A 30% ceiling on the proportion of students per class who lack adequate command of the Italian language.
#CA2026
1. Veil Prohibition: Complete ban on the burqa and niqab in educational institutions, justified under public security, civic integration, and gender rights.
2. Classroom Quotas: A 30% ceiling on the proportion of students per class who lack adequate command of the Italian language.
#CA2026
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Merchant Discount Rate (MDR) is the fee paid by a merchant to receiving banks, payment gateways, and network aggregators for processing digital payments
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#CA2026
#PYQ
What is MDR : Merchant Discount Rate (MDR) is a fee paid by businesses to payment processors for accepting digital payments via credit cards, debit cards, UPI, and more.
What is MDR : Merchant Discount Rate (MDR) is a fee paid by businesses to payment processors for accepting digital payments via credit cards, debit cards, UPI, and more.
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What is Form 7
Core Issue : Form 7 controversy highlights concerns over electoral roll integrity during the Special Intensive Revision.
--> Form 7 is a statutory mechanism used to object to the inclusion of a person’s name in the electoral roll.
--> Under the Registration of Electors Rules, 1960, objections can be raised on specific grounds such as death, duplication of entries, shifting of residence, ineligibility due to age, or lack of citizenship.
--> Earlier, objections could be raised only by voters from the same polling booth.
--> However, a 2022 amendment expanded the scope, allowing any voter within a constituency to file objections.
#CA2026
Core Issue : Form 7 controversy highlights concerns over electoral roll integrity during the Special Intensive Revision.
--> Form 7 is a statutory mechanism used to object to the inclusion of a person’s name in the electoral roll.
--> Under the Registration of Electors Rules, 1960, objections can be raised on specific grounds such as death, duplication of entries, shifting of residence, ineligibility due to age, or lack of citizenship.
--> Earlier, objections could be raised only by voters from the same polling booth.
--> However, a 2022 amendment expanded the scope, allowing any voter within a constituency to file objections.
#CA2026
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OpenAI autonomous AI agent breached Australia’s Medicare statistics portal in June while researching public medical spending, marking the first documented case of an AI agent hacking a government system.
#GS2mains
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--> Emergence of AI & Deep-Tech Wealth: The 2026 M3M Hurun India Rich List marked Artificial Intelligence as a standalone sector for the first time. 19 individuals related to AI accounted for a combined wealth of ₹3.07 lakh crore, including 15 new entrants.
#GS2mains
#GS2mains
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Pitru Paksha Mela, Gaya Ji
1. Pitru Paksha is a 16-day Hindu period dedicated to paying homage to ancestors through Shraddha, Tarpan and Pind Daan.
2. It begins on Bhadrapada Purnima and ends on Ashwin Amavasya (Mahalaya).
3. Gaya Ji, Bihar is one of the most important centres for Pind Daan; rituals are especially associated with the Falgu River and Vishnupad Temple.
4. Bihar Tourism lists 48 major sacred Pind Daan sites in Gaya Ji; important ones include Falgu River, Vishnupad Temple, Panch Tirtha, Sita Kund and Gaya Shiro Mani Temple.
5. Tradition associates Gaya with Lord Rama performing Pind Daan for King Dasharatha and Sita offering Pind Daan on the Falgu River.
6. Pitru Paksha Mela 2026: 25 September–10 October 2026; Bihar Tourism lists the event at Punpun–Gaya.
#BIHARspecial
1. Pitru Paksha is a 16-day Hindu period dedicated to paying homage to ancestors through Shraddha, Tarpan and Pind Daan.
2. It begins on Bhadrapada Purnima and ends on Ashwin Amavasya (Mahalaya).
3. Gaya Ji, Bihar is one of the most important centres for Pind Daan; rituals are especially associated with the Falgu River and Vishnupad Temple.
4. Bihar Tourism lists 48 major sacred Pind Daan sites in Gaya Ji; important ones include Falgu River, Vishnupad Temple, Panch Tirtha, Sita Kund and Gaya Shiro Mani Temple.
5. Tradition associates Gaya with Lord Rama performing Pind Daan for King Dasharatha and Sita offering Pind Daan on the Falgu River.
6. Pitru Paksha Mela 2026: 25 September–10 October 2026; Bihar Tourism lists the event at Punpun–Gaya.
#BIHARspecial
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Anti-Defection Law
Why in news?
• Supreme Court questioned delay in deciding disqualification petitions against 20 rebel TMC MPs and observed that 3 months is a “red flag” period for deciding such pleas, referring to its earlier rulings.
• In Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020), SC held that disqualification petitions should ordinarily be decided within a reasonable period, generally 3 months, except in exceptional circumstances.
• In Padi Kaushik Reddy case (2025) concerning Telangana MLAs, SC again dealt with delay by the Speaker in deciding Tenth Schedule petitions.
Tenth Schedule
• Anti-Defection Law = Tenth Schedule of Constitution; inserted by 52nd Constitutional Amendment Act, 1985.
• Linked to Article 102(2) for Parliament and Article 191(2) for State Legislatures.
• A member is disqualified if he/she:
1. Voluntarily gives up membership of the political party; or
2. Votes/abstains against party direction (whip) without prior permission and the act is not condoned within 15 days.
• Independent member: disqualified if he/she joins a political party after election.
• Nominated member: may join a party within 6 months of taking seat; joining thereafter attracts disqualification.
• Merger exception: no disqualification where at least 2/3 members of the legislature party agree to merger with another party.
• Earlier protection for a 1/3 split was deleted by the 91st Constitutional Amendment Act, 2003.
• Decision-making authority: Speaker/Chairman of the House under Para 6, Tenth Schedule.
• Speaker/Chairman’s decision is subject to judicial review; the constitutional provision attempting to completely exclude court jurisdiction did not prevent such review under Supreme Court jurisprudence.
• Special exemption exists for a member elected as Speaker/Deputy Speaker/Chairman/Deputy Chairman in circumstances specified under Para 5.
Note:
3 months is not a time limit written in the Tenth Schedule; it originates from Supreme Court judicial directions/precedent on timely disposal of defection cases.
Interlink: https://t.me/bpscweb/46169?single
#POLITY
#GS2mains
#CA2026
Why in news?
• Supreme Court questioned delay in deciding disqualification petitions against 20 rebel TMC MPs and observed that 3 months is a “red flag” period for deciding such pleas, referring to its earlier rulings.
• In Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020), SC held that disqualification petitions should ordinarily be decided within a reasonable period, generally 3 months, except in exceptional circumstances.
• In Padi Kaushik Reddy case (2025) concerning Telangana MLAs, SC again dealt with delay by the Speaker in deciding Tenth Schedule petitions.
Tenth Schedule
• Anti-Defection Law = Tenth Schedule of Constitution; inserted by 52nd Constitutional Amendment Act, 1985.
• Linked to Article 102(2) for Parliament and Article 191(2) for State Legislatures.
• A member is disqualified if he/she:
1. Voluntarily gives up membership of the political party; or
2. Votes/abstains against party direction (whip) without prior permission and the act is not condoned within 15 days.
• Independent member: disqualified if he/she joins a political party after election.
• Nominated member: may join a party within 6 months of taking seat; joining thereafter attracts disqualification.
• Merger exception: no disqualification where at least 2/3 members of the legislature party agree to merger with another party.
• Earlier protection for a 1/3 split was deleted by the 91st Constitutional Amendment Act, 2003.
• Decision-making authority: Speaker/Chairman of the House under Para 6, Tenth Schedule.
• Speaker/Chairman’s decision is subject to judicial review; the constitutional provision attempting to completely exclude court jurisdiction did not prevent such review under Supreme Court jurisprudence.
• Special exemption exists for a member elected as Speaker/Deputy Speaker/Chairman/Deputy Chairman in circumstances specified under Para 5.
Note:
3 months is not a time limit written in the Tenth Schedule; it originates from Supreme Court judicial directions/precedent on timely disposal of defection cases.
Interlink: https://t.me/bpscweb/46169?single
#POLITY
#GS2mains
#CA2026
Evaluation of Anti-Defection Law
Purpose: Tenth Schedule seeks to curb unprincipled defections motivated by office/material benefits and strengthen parliamentary democracy. Rajiv Gandhi called it the “first step towards cleaning-up public life.”
Advantages
1. Political stability —> checks frequent party-switching.
2. Democratic realignment —> permits genuine merger of parties.
3. Checks political corruption and avoids expenditure caused by instability/elections.
4. Gives constitutional recognition to political parties.
Criticisms
1. Dissent ≠ Defection: Whip curbs legislators’ freedom of conscience and promotes party bossism.
2. Retail vs wholesale: Penalises individual defection but permits 2/3 group merger- often criticised as enabling “wholesale” defection.
3. Incomplete coverage: Does not deal with expulsion for activities outside the legislature.
4. Independent vs nominated: Independent joining a party —> disqualified; nominated member gets a 6-month window to join.
5. Speaker as adjudicator: Risk of partisan decisions + questions over suitability/legal expertise; former Speakers Rabi Ray (1991) & Shivraj Patil (1993) themselves expressed doubts over this role.
Mains takeaway: The law promotes government stability and party discipline, but at the cost of legislative dissent, individual autonomy and intra-party democracy.
Source: Laxmikanth
#GS2mains
Purpose: Tenth Schedule seeks to curb unprincipled defections motivated by office/material benefits and strengthen parliamentary democracy. Rajiv Gandhi called it the “first step towards cleaning-up public life.”
Advantages
1. Political stability —> checks frequent party-switching.
2. Democratic realignment —> permits genuine merger of parties.
3. Checks political corruption and avoids expenditure caused by instability/elections.
4. Gives constitutional recognition to political parties.
Criticisms
1. Dissent ≠ Defection: Whip curbs legislators’ freedom of conscience and promotes party bossism.
2. Retail vs wholesale: Penalises individual defection but permits 2/3 group merger- often criticised as enabling “wholesale” defection.
3. Incomplete coverage: Does not deal with expulsion for activities outside the legislature.
4. Independent vs nominated: Independent joining a party —> disqualified; nominated member gets a 6-month window to join.
5. Speaker as adjudicator: Risk of partisan decisions + questions over suitability/legal expertise; former Speakers Rabi Ray (1991) & Shivraj Patil (1993) themselves expressed doubts over this role.
Mains takeaway: The law promotes government stability and party discipline, but at the cost of legislative dissent, individual autonomy and intra-party democracy.
Source: Laxmikanth
#GS2mains
91st Constitutional Amendment Act, 2003
Why? Anti-defection law failed to curb bulk defections; 1/3 split exemption encouraged instability. Dinesh Goswami Committee (1990), Law Commission 170th Report (1999) & NCRWC (2002) sought reform.
Key reforms
• Split exemption (1/3) abolished —> only 2/3 merger protection remains.
• Defector barred from becoming Minister/remunerative political post during prescribed disqualification period.
• CoM ceiling: Centre —> 15% of Lok Sabha strength; State —> 15% of Assembly strength, minimum 12 ministers.
• Thus, sought to curb defection + office inducements + jumbo ministries.
Conclusion : 91st Amendment strengthened political stability by closing the “split” loophole and restricting the use of ministerial office as a reward for defection.
Source: Laxmikanth
#GS2mains
Why? Anti-defection law failed to curb bulk defections; 1/3 split exemption encouraged instability. Dinesh Goswami Committee (1990), Law Commission 170th Report (1999) & NCRWC (2002) sought reform.
Key reforms
• Split exemption (1/3) abolished —> only 2/3 merger protection remains.
• Defector barred from becoming Minister/remunerative political post during prescribed disqualification period.
• CoM ceiling: Centre —> 15% of Lok Sabha strength; State —> 15% of Assembly strength, minimum 12 ministers.
• Thus, sought to curb defection + office inducements + jumbo ministries.
Conclusion : 91st Amendment strengthened political stability by closing the “split” loophole and restricting the use of ministerial office as a reward for defection.
Source: Laxmikanth
#GS2mains