Upsc Polity Governance

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🔆 POLICE PUBLICITY & PRESUMPTION OF INNOCENCE 📍 Issue in Focus 🟢 Photographs of accused persons are increasingly circulated by police on social media to seek public assistance in investigations. 🟢 However, India currently lacks a single, uniform statutory framework specifically governing publication of accused persons’ photographs by police. 📍 Existing Legal Framework 🟢 BNSS, 2023 – Section 84 permits courts to publish proclamations against absconding persons in newspapers. 🟢 The provision does not specifically authorise general publication of photographs of accused persons. 🟢 The Criminal Procedure (Identification) Act, 2022 permits collection, storage and use of identification measurements, including photographs, but does not clearly regulate their public circulation. 📍 Constitutional Concerns 🟢 Article 21 protects dignity and personal liberty, while the presumption of innocence remains central to criminal justice. 🟢 Publicly displaying an arrested person’s photograph can create a perception of guilt before trial. 🟢 The Rajasthan High Court has described such practices as potentially causing institutional humiliation, with digital circulation being permanent and difficult to reverse. 📍 Need for a Balanced Protocol 🟢 Public disclosure may be justified when it serves genuine crime prevention, identification or public-safety needs. 🟢 Disclosure merely to showcase police achievements can cause prejudice to the accused. 🟢 A uniform protocol should distinguish proportionate, need-based publicity from prejudicial publicity. 🟢 Juveniles and sexual-offence survivors require strict protection of identity. 🟢 Disclosure should be subject to time-bound review and removal once the investigative purpose ends or the person is discharged/acquitted. 📍 Way Forward 🟢 Establish a codified national protocol for police media briefings and publication of accused persons’ images. 🟢 Define clear red-line categories where disclosure is prohibited or tightly restricted. 🟢 Ensure senior-level authorisation for sensitive disclosures. 🟢 Balance public interest, investigative necessity, privacy, dignity and presumption of innocence. 📍 UPSC Mains Question 🟢 “Police publicity can aid criminal investigation, but indiscriminate disclosure of accused persons’ identities may undermine the presumption of innocence and the right to dignity.” Discuss. #polity

🔆 CHIEF ELECTION COMMISSIONER (CEC) — REMOVAL & APPOINTMENT 📍 Constitutional Basis 🟢 Article 324 → Election Commission’s superintendence, direction and control over elections. 🟢 President appoints the CEC and other Election Commissioners (ECs), subject to law made by Parliament. 📍 Anoop Baranwal Case — 2023 🟢 PIL filed in 2015, challenging the executive-dominated appointment process. 🟢 Supreme Court prescribed a temporary 3-member selection committee: PM + Leader of Opposition in Lok Sabha + CJI 🟢 This operated until Parliament made a law. 📍 2023 Act 🟢 Parliament enacted the CEC & Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. 🟢 Selection Committee now: PM + Leader of Opposition in Lok Sabha + Union Cabinet Minister nominated by PM. 🟢 Search Committee headed by the Union Law Minister prepares the panel. 📍 Removal of CEC 🟢 CEC ≠ ordinary constitutional office-holder. 🟢 CEC can be removed only like a Supreme Court Judge under Article 324(5). 🟢 Requires proved misbehaviour or incapacity + prescribed Parliamentary removal procedure. 📍 Other ECs 🟢 Other Election Commissioners/Regional Commissioners cannot be removed except on the recommendation of the CEC. 📍 Protection under 2023 Act 🟢 Section 16 protects present/former CECs and ECs from civil/criminal proceedings for acts done in the discharge of official functions. 🔆 MUST REMEMBER Article 324 → ECI Anoop Baranwal → PM + LoP + CJI 2023 Act → PM + LoP + PM-nominated Cabinet Minister CEC removal → Like SC Judge Other ECs → CEC recommendation #polity

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🔆 ACCOUNTABLE LOTTERY REGULATION IN INDIA 📍 Why Regulation Instead of Prohibition? 🟢 Lotteries are presented as a vice, but blanket prohibition may be administratively difficult and potentially counterproductive. 🟢 The U.S. experience with alcohol prohibition (1920–1933) is cited as an example where prohibition contributed to black markets and organised crime. 🟢 India has also experienced challenges with prohibition of certain activities. 📍 Arguments for Regulation 🟢 Lotteries can disproportionately burden poorer households and encourage spending on remote chances of reward. 🟢 Rapid draws and instant games may encourage compulsive play and loss-chasing. 🟢 Credit sales, opaque odds and manipulative advertising can increase risks. 🟢 The article therefore argues for strict regulation rather than necessarily prohibition. 📍 Problems with Lottery Bans 🟢 Bans may push players towards illegal lotteries, gambling networks and offshore portals. 🟢 Illegal operators may lack audits, age restrictions and effective safeguards against fraud. 🟢 Governments may also lose lottery surpluses and GST revenue, while legitimate vendors can lose livelihoods. 📍 International Pattern 🟢 Lotteries are legal in nearly four-fifths of countries. 🟢 Blanket prohibition is concentrated mainly in countries enforcing strict Sharia-based gambling prohibitions and some ideological regimes. 🟢 Around 70% of lottery jurisdictions follow the public-operator model, where government/state-owned entities operate lotteries. 🟢 Under the concession model, the State regulates the lottery but grants operating rights to a private concessionaire. 📍 Indian Constitutional & Legal Framework 🟢 Lotteries are treated as gambling under the constitutional framework discussed in the article. 🟢 State-organised lotteries fall under the Union List, while the Lotteries (Regulation) Act, 1998 allows States to organise lotteries subject to specified conditions. 🟢 Sections 5 & 6 empower States and the Union Government respectively to prohibit lotteries that violate the Act’s conditions. 🟢 The article notes that B.R. Enterprises v. State of U.P. (1999) interpreted Section 5 to mean that a State may exclude lotteries of other States only if it also excludes its own lottery. 📍 Need for Legal Reform 🟢 The article argues that the existing all-or-nothing approach makes it difficult for States to regulate lotteries while permitting their own. 🟢 Tamil Nadu (2003) and Karnataka (2007) adopted total prohibition, thereby foregoing the option of running accountable public lotteries. 🟢 It proposes amending Section 5 to clarify whether a State may prohibit lotteries of other States while continuing its own lottery, subject to uniform treatment. 📍 Possible Reform Model 🟢 Create a mechanism allowing two or more States to establish a common lottery through an agreement. 🟢 States could pool players, prizes, technology and costs. 🟢 Regulation could provide a more accountable alternative to prohibition. 📍 Transparency & Consumer Protection 🟢 Section 4 permits States to sell tickets directly or through distributors/agents. 🟢 Greater transparency in marketing and retail distribution could improve accountability. 🟢 The article suggests restricting intermediary capture and considering access for small vendors, persons with disabilities and women’s self-help groups. 📍 Kerala Example 🟢 In FY 2023–24, Kerala earned about ₹2,883 crore in lottery revenue and ₹1,129.71 crore in net lottery revenue/surplus. 🟢 Kerala channels lottery proceeds into healthcare and welfare. 🔆 CORE TAKEAWAY 🟢 Prohibition → may push activity underground and eliminate legitimate revenue. 🟢 Regulation → can focus on accountability, transparency, consumer protection and responsible operation. 🟢 The article’s central argument is: “Regulation, not prohibition, can curb lottery harms while preserving accountability.” 🟢 “In the context of lotteries, effective regulation may be more sustainable than blanket prohibition.” Discuss the constitutional, economic and social dimensions of this approach. #Governance

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🔆 VILLAGES FIGHTING BACK AGAINST DRUGS | HARYANA 📍 In News 🟢 Drug menace has spread from Haryana’s borders into its agricultural and semi-urban heartland. 🟢 Communities in villages are increasingly taking steps such as night patrols, fines and direct action against peddlers. 📍 Community-Led Response 🟢 In Rajthal village, Hisar, residents have organised round-the-clock vigil at village entry points. 🟢 Villagers check vehicles and monitor suspected drug movement. 🟢 Village committees monitor suspected drug peddlers and can impose their own deterrents. 🟢 Villagers have also organised meetings, patrols and checkpoints to prevent drug supply. 📍 Scale of the Problem 🟢 The article cites the Magnitude of Substance Use in India 2019 report, according to which Haryana has a high prevalence of substance use. 🟢 Opioid use: Punjab, Delhi, Haryana and several other States are identified among areas with higher prevalence. 🟢 Cannabis use: Haryana is among States with relatively high prevalence. 🟢 The article also highlights the spread of synthetic drugs, including methamphetamine. 📍 Why Villagers Are Concerned 🟢 Residents report drug use among young people, including students. 🟢 Villagers associate drug abuse with crime, theft, health problems and social disruption. 🟢 Some villages have imposed restrictions on outsiders and intensified monitoring around village entrances. 📍 Government & Police Response 🟢 Haryana Government has constituted the Haryana State Narcotics Control Bureau (HSNCB). 🟢 Police have conducted crackdowns, arrests and seizures against drug networks. 🟢 The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is the principal legal framework mentioned. 🟢 The article also refers to asset confiscation and action against property allegedly generated through drug trade. 📍 Community Participation 🟢 Police officials emphasise that community participation can strengthen the fight against drugs. 🟢 The article discusses plans for community-led social intervention, involving volunteers with experience in health, sports and youth development. 🟢 Such initiatives aim to work alongside existing community and government institutions. 📍 Rehabilitation Gap 🟢 The article highlights a major challenge: drug de-addiction and rehabilitation facilities are insufficient. 🟢 Families often struggle when patients are discharged without adequate counselling and rehabilitation support. 🟢 Rehabilitation requires attention to physical dependence, psychological dependence and social reintegration. 🟢 The article stresses the need for trained professionals, adequate infrastructure and follow-up support. 📍 Key Challenge 🟢 Supply-side enforcement alone cannot address the drug problem. 🟢 Effective response requires a combination of law enforcement + prevention + community participation + de-addiction + rehabilitation + social reintegration. 📍 UPSC Mains Question 🟢 Drug abuse requires a comprehensive approach extending beyond policing and interdiction. Discuss the role of community participation, rehabilitation and social intervention in addressing India’s drug menace. #Governance

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🔆 POLITICAL PARTY FINANCE | TRANSPARENCY & REFORMS 📍 The Problem of Political Funding 🟢 Political parties are not explicitly mentioned in the Constitution, despite being central to electoral democracy. 🟢 Unrecognised Political Parties (RUPPs) have emerged as an area of concern regarding financial transparency and regulation. 🟢 The article highlights a 223% rise in declared income of RUPPs between FY2022–23 and FY2023–24. 📍 ECI & Deregistration 🟢 The Election Commission of India (ECI) has undertaken a process to delist RUPPs that failed to comply with electoral requirements. 🟢 Under the Election Symbols Order, recognised and unrecognised parties are treated differently for purposes such as allocation of election symbols. 🟢 Delisting does not automatically amount to deregistration of a political party. 📍 Scale of Political Wealth 🟢 A study cited in the article estimated that 22 political parties collectively held around ₹18,742.31 crore at their disposal for the 2024 general election. 🟢 The article highlights substantial growth in declared political donations, raising concerns regarding transparency and accountability. 📍 Electoral Bonds & Transparency 🟢 The electoral bond scheme, introduced in 2018, was struck down by the Supreme Court in 2024 as unconstitutional. 🟢 The judgment brought renewed attention to disclosure of political funding and the sources of political donations. 📍 Reform Measures Suggested 🟢 Strengthen scrutiny of political parties and their finances. 🟢 Ensure proper auditing of party accounts, including greater institutional oversight. 🟢 Consider reasonable limits on political expenditure during elections. 🟢 Establish stronger mechanisms to scrutinise large and unexplained donations. 🟢 Develop a centralised digital portal for standardised financial disclosures by political parties. 🟢 Focus ECI resources on genuine electoral participation and compliance rather than merely expanding the number of registered parties. 📍 UPSC Mains Question 🟢 “Transparency in political party funding is essential for maintaining the integrity of electoral democracy.” Examine the existing regulatory framework and suggest reforms to strengthen financial accountability of political parties. #Polity #Governance

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🔆 SUPREME COURT ON CRIMINALISATION & U.P. GANGSTERS ACT 📚 GS-II · Polity & Governance | Judiciary 📍 Why in News? 🟢 The Supreme Court, in Shiv Pratap Singh v. State of U.P. and Himanshu Srivastava v. State of U.P., ruled against the manner in which the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was being applied. 📍 Core Issue 🟢 A “gangster” must be defined under the Act itself, while determination for punishment cannot be left entirely to the executive or subordinate rules. 🟢 Creation of an offence and prescription of punishment are legislative functions. 🟢 Executive authorities cannot effectively determine criminality merely through administrative categorisation. 📍 Article 20(1) & Principle of Legality 🟢 Article 20(1) protects against conviction for an act that was not an offence under the law in force when it was committed. 🟢 It also protects against a greater penalty than what was prescribed at the time. 🟢 The principle is reflected in nullum crimen sine lege — no crime without law — and nulla poena sine lege — no punishment without law. 📍 Function of Legislature 🟢 Criminal law-making must primarily remain with the legislature. 🟢 Courts have a secondary role, while the executive cannot be allowed to exercise unrestricted discretion in defining crime or punishment. 📍 Concern with “Gang Charts” 🟢 The Act provides procedures for preparing a “gang chart”. 🟢 The Court cautioned against treating executive categorisation as conclusive proof of guilt. 🟢 Status alone cannot become the basis for punishment; there must be a legally established offence and due process. 📍 Key Constitutional Principle 🟢 Even a compelling need to control a social menace cannot justify arbitrary or capricious penal action against an individual. 📌 PRELIMS FOCUS 🟢 Article 20(1) → Protection against retrospective penal laws 🟢 Nullum crimen sine lege → No crime without law 🟢 Nulla poena sine lege → No punishment without law 🟢 U.P. Gangsters Act → 1986 🟢 Gang chart → Procedure under the Act ✍️ MAINS PRACTICE “The power to define crime and prescribe punishment is primarily a legislative function.” Discuss in the context of the Supreme Court’s ruling on the U.P. Gangsters Act. #Polity