#227: 8 Judgements of Modi Govt challenged in SC
#227: 8 Judgements of Modi Govt challenged in SC
Notes to save your time!
Download Species in PYQs Free PDF here
________________________________
8 Key policies of Modi Govt. Challenged in SC
• CAA
• NJAC
• Aadhaar
• Article 370
• Demonetization
• EC Appointment
• Control of NCT of Delhi
• ED/CBI Chief tenure extension
Find notes on all these to save your time here👇🏼
1. Citizenship Amendment Act 2019
• Enabled migration for minority migrants
• Indian Union Muslim League (IUML) challenged
• We all remember the mass protests as a response!
Mandate: 200+ petitions pending in SC
2. National Judicial Appointments Commission (NJAC)
• Govt. bid to reform Judicial Appointments
• Replaced existing Collegium w/ fresh panel
• Panel to have PM, LoP, CJI + 2 eminent personalities
Mandate: Advocates on Record moved SC citing extensive intervention of Executive in Judiciary
(Article 50: Separation of Powers among Executive & Judiciary)
3. Aadhaar
• UPA introduced it via Planning Commission notification w/o legislation
• 2016: Modi Govt. passes legislation as Money Bill
• Why Aadhar as money bill?🤔
Govt. did not have numbers in RS; RS has limited powers to stop money bill
• Jairam Ramesh moved SC challenging Money Bill
Mandate: Constitutional validity upheld while striking down provisions of linkage to mobile & for school admissions
4. Article 370 abrogation
• J&K Reorganization Bill passed in 2019
• 3 judge bench referred case to 5 judge bench
• Long deliberations followed w/ verdict in 2023
Mandate: Constitutional validity upheld with no strict remarks against the government
It was this bill where MHA Shah famously said "Hum jaan de denge iske liye" speaking about PoK
5. Demonetization
• PM Modi demonetized currency on 8/11/16 at 8pm
• 9/11/2016 saw petition in SC challenging the move
Mandate: SC directed RBI to make records public in Dec 2022 while Jan 2023 saw SC upholding validity with special mention on how 'decision making process was not flawed'
6. CEC & EC appointments
• Dec 2023 bill passed in LS post SC verdict
• 3 member panel to elect CEC & EC
• Panel: PM, LoP, A union minister
What was SC verdict? CJI included in this panel!
The same verdict mentioned the validity of CJI panel rule till Parliament brings a law about it
Following this, Dec 2023 act was passed
7. Control of NCT of Delhi
• March 2021: GoI enacts NCT (Amendment) Act
• It diluted admin powers of Delhi Govt. giving them to Lt. Gov. (LG)
• 2018: SC verdict upheld CM of NCT as executive head (not LG)
2021 act overturned this decision
• Delhi Govt. moved SC in 2021 with new bill
Mandate: Delhi Govt. to have admin control over 'services'
Reacting to this, GoI promulgated an ordinance (u/A 123) restricting Delhi Govt. control over services
Ordinance was challenged and the The matter is still in SC awaiting judgement
8. Extension of tenure of ED/CBI heads
• 2021: CVC Amendment Act & Delhi Special Police Establishment Act passed in parliament
• Acts passed to legislate on ordinances on same issue
• ED/CBI chief tenure can be extended by a year 3x
• 'piecemeal' tenure extension challenged in SC with concerns over its independence
Mandate: Constitutional validity upheld but then chief appointment was unconstitutional. However, his continuity was allowed in national interest
9. Bonus: Electoral Bonds
The verdict struck down Electoral Bonds
1. SBI will stop issuing Electoral Bonds
2. SBI to submit details of all EBs issued 12/04/2019 onwards to ECI
3. SBI to submit details of beneficiaries of EBs since 12/04/2019
4. 2 & 3 to be done before March 6 2024
5. ECI to publish this info on its website by 13/03/24
6. EBs within validity period with Political Parties shall be returned to SBI which further will refund to purchaser
What will the govt. do next? To be seen!
What will YOU do next?
Forward this email to your friends who deserve a best friend like you sharing high value content for #UPSCPrelims2024
____________________________________________