List of Current Affairs

Why in News?

The Supreme Court has stated that Right to Vote has not been given the status of a Fundamental Right while democracy is a basic feature of the Indian Constitution in the matter of Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao & Ors.

Background

• The bench was dealing with an election petition case when it emphasized the importance of the right to vote and a constitutional provision enabling every eligible citizen of India to exercise common suffrage.
• The right to vote, based on an informed choice, is a crucial component of the essence of democracy.
• Article 326 of the Indian Constitution lays down that every person shall be entitled to be registered as a voter at any election under following circumstances:
• Who is a citizen of India,
• Is not less than 18 years of age,
• Is not otherwise disqualified under this Constitution or any other law made by an appropriate legislature on the ground of non-residency, unsoundness of mind, offence or corrupt or illegal conduct.

Case Laws on Right to Vote

• In Jyoti Basu & Others v. Debi Ghosal & Others (1982), the top court said that the right to vote, if not a fundamental right, is certainly a constitutional right because this right originates from the Constitution and is in accordance with the constitutional mandate contained in Article 326.
• In another case of Kuldip Nayar V. Union of India & Ors (2006) a five-judge bench of the Supreme Court had held that the right to vote is not a fundamental right but just a statutory right.
• In Anoop Baranwal v. Union of India in March 2023 another five-judge bench sought to open a new vista for declaration of the right to vote as a fundamental right as it ruled on revamping the selection mechanism for the Chief Election Commissioner (CEC) and election commissioners.

Court’s Observations

• The court noted that the right to vote is precious and was the result of a long and arduous fight for freedom, for Swaraj, where the citizen has an inalienable right to exercise her or his right to franchise.

Right to Vote

• The right to vote is a fundamental right in any democratic society.
• The right to vote is protected by the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966).
• The right to vote in the Constitution of India is guaranteed under Article 326.
• The Right to Vote for Non-Resident Indians was introduced in 2011, through an amendment to the Representation of the People Act 1950.

Election Commission of India celebrates National Voters’ Day on 25th January.

Legal Provisions

Constitution of India, 1950

Article 326 - Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage — The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Representation of the People Act (RPA), 1950

Key Provisions of the act are:

• It lays down procedures for delimitation of constituencies.
• It provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.
• It lays procedure for the preparation of electoral rolls and the manner of filling seats.
• It lays down the qualification of voters.

Why in News?

• Recently the Union Cabinet has given its nod to a Bill seeking to replace the Centre’s ordinance on the control of services in Delhi.
• The decision was taken during a Cabinet meeting held on 25th July 2023 and was chaired by Prime Minister Narendra Modi.
• The Bill is set to be introduced in Parliament during the ongoing monsoon session.
• The Ordinance facilitated the setting up of a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.

Background

• The Central Government promulgated the Delhi ordinance on 19th May 2023, a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government headed by Chief Minister Arvind Kejriwal.
• On 11^th May 2023, the Supreme Court in the case of Government of NCT of Delhi v. Union of India, upheld the Delhi government’s powers to control civil servants and day-to-day administration of the NCT of Delhi.

Court’s Observations

• A Constitution Bench comprising of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha held that the legislative power of NCT Delhi under Entry 41 of the State List would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi.
• The Court further held that it would not extend to the services which come under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.

Entry 41 of the List-II (State List) authorizes a state government to frame laws on state public services and state public service commission.

Legal Provisions

Article 239 AA of the Indian Constitution,1950

• It provides special provisions with respect to Delhi.
• As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union Territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor.
• There shall be a Legislative Assembly for the National Capital Territory, and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.
• The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.
• There shall be a Council of Ministers consisting of not more than ten per cent of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor.

Ordinance

• An ordinance is promulgated by the President on the recommendation of the Union Cabinet when the Parliament is not in session.
• It is mandatory for the Parliament to adopt a law to replace the ordinance within six weeks of the commencement of the next session.
• The Ordinance Making Power of the President is listed in Article 123 of the Indian Constitution.

Article 123. Power of President to promulgate Ordinances during recess of Parliament -

(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance

(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and

(b) may be withdrawn at any time by the President explanation where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause

(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void Chapter IV.