CLAT Post February '25 Edition Flashcards

Flashcards covering key concepts from the CLAT Post February '25 Edition lecture notes, focusing on Polity & Governance, Economy & Governance, International Affairs, Environment & Biodiversity, Science & Technology, and Static Scoop.

Uniform Civil Code (UCC)

A law that seeks to establish a common set of legal provisions for all citizens, regardless of their religion or community, standardizing personal laws related to marriage, divorce, inheritance, property rights, and adoption.

Uttarakhand's UCC Implementation Date

Effective from January 27, 2025, Uttarakhand became the first state in India to implement the Uniform Civil Code.

Exemption in Uttarakhand UCC

Scheduled Tribes are exempt from the provisions of Uttarakhand's Uniform Civil Code.

Gender Equality (UCC)

Ensures equal property and inheritance rights for both men and women, and prohibits halala, iddat, talaq, and polygamy under Uttarakhand's UCC.

Legal Marriage Age (UCC)

Set at 21 years for men and 18 years for women under Uttarakhand's UCC.

Mandatory Registration (UCC)

All marriages, divorces, and live-in relationships must be registered on the official UCC online portal within prescribed deadlines (e.g., within 60 days for new marriages).

Live-In Relationships (UCC)

Requires registration for couples aged 21 or above (parental consent for those under 21) and grants housing rights to registered live-in couples.

Inheritance Rights (UCC)

Grants equal inheritance rights to both sons and daughters, including recognition of children from live-in relationships as legitimate.

Aadhaar-Based Verification (UCC)

The UCC portal integrates Aadhaar-based verification and links with 13 government departments.

Goa's Similar Law (UCC)

The Portuguese Civil Code, in place since 1961, serves as a similar law to UCC in Goa.

Marriage Registration Deadline (UCC)

Marriages since 2010 must be registered within six months; new marriages within 60 days of the ceremony.

Live-In Registration Deadline (UCC)

Live-in relationships must be registered within one month of the UCC's implementation.

Tatkal Facility (UCC)

Allows for emergency registrations for a nominal fee under Uttarakhand's UCC.

Will Registration (UCC)

Enabled through online forms, uploads, or a three-minute video on the UCC portal.

Political Context (UCC)

The UCC was a major electoral promise made by the BJP in the 2022 Uttarakhand Assembly elections.

Rome Statute (UCC International Perspective)

Internationally, the International Criminal Court (ICC) has provisions for universal principles related to war crimes and crimes against humanity, distinct from nation-specific UCC in personal law.

Secular Countries (UCC Examples)

France and Turkey have attempted to implement uniform civil codes in various forms.

Directive Principles of State Policy (UCC)

Article 44 of the Indian Constitution states that 'The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India,' indicating intent but not enforceability.

Shah Bano Case (1985)

A significant judicial event related to the UCC, where the Supreme Court ruled in favor of a Muslim woman seeking maintenance after divorce under the Criminal Procedure Code (CrPC).

Sabhajit Singh Committee (1986)

Formed to assess UCC viability, it concluded that a UCC could not be implemented in India without careful consideration of cultural, religious, and regional variations.

Law Commission of India (2018)

Headed by Dr. Justice B.S. Chauhan, it concluded that while UCC was necessary for national integration and gender equality, it could not be immediately enforced due to complexities, recommending awareness campaigns and phased introduction.

Ranjana Desai Committee (2022)

Led by retired Supreme Court Judge Ranjana Prakash Desai, this committee drafted the Uniform Civil Code for Uttarakhand, which was later passed in early 2024.

Triple Talaq Case (Shayara Bano v. Union of India, 2017)

The Supreme Court declared triple talaq (instant divorce) among Muslims as unconstitutional and invalid, sparking support for a UCC to prevent discriminatory practices.

NITI Aayog

National Institution for Transforming India, established on January 1, 2015, replacing the Planning Commission, serving as the policy think tank of the Government of India.

Fiscal Health Index (FHI) 2025

Launched by NITI Aayog on January 24, 2025, to provide a comprehensive assessment of the fiscal health of 18 major Indian states.

Inauguration of FHI 2025

Inaugurated by Dr. Arvind Panagariya, Chairman of the 16th Finance Commission.

Purpose of FHI

Evaluates state finances, offers consistent monitoring, and guides policy reforms for economic sustainability.

Data Source for FHI

Data sourced from the Comptroller and Auditor General of India (CAG).

FHI Key Evaluation Parameters

Quality of Expenditure, Revenue Mobilization, Debt Sustainability, Fiscal Prudence, and Debt Index.

Top-Performing States (FHI 2025)

Odisha (1st), Chhattisgarh (2nd), and Goa (3rd).

Front-Runner States (FHI 2025)

Maharashtra, Uttar Pradesh, Telangana, Madhya Pradesh, Karnataka, showing strong developmental expenditure and tax revenue growth.

Telangana's Performance (FHI)

Best performer among Southern states due to high revenue mobilization and fiscal prudence.

Significance of FHI

Promotes fiscal discipline, fosters competitive federalism, and strengthens cooperative federalism.

Dr. Arvind Panagariya's Statement (FHI)

Emphasized states must maintain fiscal discipline for long-term economic sustainability.

Shri Suman Bery's Statement (FHI)

Highlighted that the FHI is a tool for fiscal improvement, not just a ranking.

NITI Aayog Chairman

Prime Minister of India (Ex-officio).

NITI Aayog Vice Chairperson

Suman Bery.

NITI Aayog CEO

B. V. R. Subrahmanyam.

NITI Aayog Governing Council

Comprises Chief Ministers of all States, Union Territories with Legislatures, and Lieutenant Governors of UTs.

Bhopal Begging Ban

Implemented a complete ban on begging in public places, including prohibiting giving alms and purchasing goods from beggars, following Indore's example.

Objectives of Begging Ban

To curb begging while providing alternative livelihood solutions for displaced beggars.

Strict Enforcement (Begging Ban)

Authorities can register FIRs against both beggars and those who offer them money or goods.

Penalties for Begging

Under Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023: up to six months imprisonment and a ₹2,500 fine for standard offense; one-year imprisonment and a ₹5,000 fine if public safety is endangered.

Duration of Begging Ban Order

Initially valid for two months, extendable up to six months by the state government.

Delhi High Court (2018) Begging Ruling

Struck down parts of the Bombay Prevention of Begging Act, ruling them arbitrary and violative of Article 21 (Right to Life and Dignity).

Supreme Court of India (2021) Begging Ruling

Rejected a PIL seeking to remove beggars from public spaces, stating that begging is a socio-economic issue, not a criminal offense.

Legal Framework for Begging Ban

Implemented under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, granting executive magistrates power to prohibit nuisances.

Definition of a Beggar

As per the Bombay Prevention of Begging Act, 1959, anyone who solicits alms, sells/performs for alms, or appears destitute lacking visible means of subsistence.

Colonial-Era Laws (Begging)

The Criminal Tribes Act of 1871 linked nomadic tribes with vagrancy and begging, criminalizing them.

Constitutional Provision (Begging)

The Concurrent List (Entry 15, List III) empowers both Union and State Governments to legislate on vagrancy and beggary.

SMILE Scheme (2022)

Launched by the Ministry of Social Justice and Empowerment, aiming for a 'beggar-free' India by 2026 through rehabilitation, medical care, education, and skill training.

Statistics on Begging in India (Census 2011)

Total beggars & vagrants: 4,13,670, with the highest numbers in West Bengal, Uttar Pradesh & Bihar.

Implications of Begging

Social discrimination & exploitation, public health concerns, crime & human trafficking, and impact on urban spaces & tourism.

Civil Liability for Nuclear Damage Act (CLNDA) and Atomic Energy Act

Indian laws that the government plans to amend to revive stalled nuclear power projects and address legal concerns deterring foreign investments.

Background of India’s Nuclear Liability Laws

Introduced in 2010, they imposed strict liability on nuclear suppliers, deterring global firms. The 2015 stance ruled out amendment, but it failed to attract investments.

Insurance Pool (Nuclear)

A ₹1,500 crore insurance pool was set up in 2019 to mitigate supplier risks, but no major contracts materialized.

Convention on Supplementary Compensation for Nuclear Damage (CSC)

An international convention that India ratified in 2016; proposed amendments aim to align India's liability framework with its norms.

Jaitapur Nuclear Project (Maharashtra)

A long-pending project with France’s Electricite de France (EDF) involving six EPR1650 reactors, originally signed in 2009.

Kovvada Nuclear Project (Andhra Pradesh)

A project involving six AP1000 reactors by Westinghouse Electric Company (WEC), with an MoU signed in 2012.

Small Modular Reactors (SMRs)

The government has allocated ₹20,000 crore for five SMRs to be operational by 2033, expanding India's nuclear energy capacity.

The Atomic Energy Act, 1962

Enacted to provide for the development, control, and use of atomic energy for peaceful purposes, vesting exclusive rights over atomic energy with the central government.

Atomic Energy Regulatory Board (AERB)

Established in 1983 to ensure nuclear safety and radiation protection in India.

Civil Liability for Nuclear Damage Act, 2010 (CLNDA)

Establishes a framework for compensation in case of a nuclear accident, holding nuclear plant operators liable and defining compensation limits and claims processes.

Reasons for Amending Nuclear Liability Law

Addressing foreign companies' concerns over supplier liability, expanding India’s nuclear energy capacity, and strengthening strategic partnerships with the U.S. and France.

India’s Nuclear Energy Capacity Goal

Target of 100 GW nuclear power capacity by 2047, with ₹20,000 crore allocation in the 2025 Budget.

U.S.-India Civil Nuclear Agreement (2008)

Allowed India access to nuclear technology despite being a non-signatory to NPT, but saw little progress due to supplier liability concerns.

Atomic Energy Commission (AEC)

Established in 1948 under Homi Bhabha for India's nuclear program.

Department of Atomic Energy (DAE)

Formed in 1954 under PM Nehru for India's nuclear program.

Smiling Buddha (1974)

India's first nuclear test at Pokhran.

Pokhran-II (1998)

India conducts five nuclear tests under Operation Shakti, declaring itself a nuclear weapons state.

International Atomic Energy Agency (IAEA)

Established in 1957, promotes the safe, secure, and peaceful use of nuclear technologies, implements safeguards, and develops safety standards.

Gyanesh Kumar

Appointed as the new Chief Election Commissioner (CEC) under the Chief Election Commissioner and Other Election Commissioners Act, 2023.

Gyanesh Kumar's Background

A 1988 batch Kerala cadre IAS officer, who retired as Secretary in the Ministry of Cooperation and played a key role in the abrogation of Article 370.

Original CEC Appointment Process

Initially, the President appointed the CEC and ECs based on the Prime Minister's recommendations, without a formalized selection committee.

Supreme Court Intervention (March 2023 CEC)

Mandated that appointments be made by the President based on recommendations from a selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

Chief Election Commissioner and Other Election Commissioners Act, 2023

Redefined the appointment process by constituting a selection committee consisting of the Prime Minister (Chairperson), the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Search Committee (CEC)

Led by the Cabinet Secretary, tasked with preparing a panel of five potential candidates for consideration by the Selection Committee.

Eligibility Criteria (CEC)

Candidates must have held or currently hold a position equivalent to that of a Secretary to the Government of India.

Terms of Service (CEC)

Salary, allowances, and other service conditions are aligned with those of the Cabinet Secretary; tenure is six years or until the age of 65.

Anoop Baranwal v. Union of India (2023)

Supreme Court ruled that CEC & ECs should be appointed by a committee including the PM, Leader of Opposition, and Chief Justice of India, instead of the executive alone.

Election Commission of India (ECI)

Established on January 25, 1950, under Article 324 of the Indian Constitution, responsible for supervising, directing, and controlling elections.

First Chief Election Commissioner (CEC)

Sukumar Sen (1950-1958).

Evolution of ECI Structure

Initially a single-member body (1950-1989), expanded to multi-member (October 1989), reverted to single (1990), and reinstated as multi-member (October 1, 1993).

Model Code of Conduct (MCC)

Introduced in 1968 to ensure free and fair elections by regulating political parties’ behavior.

Voting Rights for 18+

The 61st Constitutional Amendment Act, 1988, reduced the voting age from 21 to 18 years.

Electronic Voting Machines (EVMs)

First used in a limited manner in 1982 (Kerala elections) and fully implemented in 1998.

Voter ID Cards

Introduced in 1993 for electoral identification.

NOTA (None of the Above) Option

Introduced in 2013, allowing voters to reject all candidates in an election.

VVPAT (Voter Verifiable Paper Audit Trail)

System introduced in 2013 for enhanced transparency in elections.

Tarkunde Committee (1975)

Proposed that Election Commission members be appointed by the President based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

Goswami Committee on Electoral Reforms (1990)

Suggested the CEC be appointed by the President in consultation with the Chief Justice of India and the Leader of the Opposition in the Lok Sabha.

Indrajit Gupta Committee on State Funding of Elections (1998)

Focused on state funding for elections to promote a level playing field, indirectly strengthening the ECI's role.

National Commission to Review the Working of the Constitution (2002)

Proposed a selection committee for appointing the CEC and ECs, including the Prime Minister, Leaders of Opposition in both Houses, Speaker, and Deputy Chairman of Rajya Sabha.

Law Commission of India (255th Report, 2015)

Suggested a collegium system for appointing the CEC and ECs, consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

Gorakhnath Sharma vs State of Chhattisgarh

Chhattisgarh High Court ruled that a husband cannot be charged with rape or unnatural sex with his wife if she is over 15, reaffirming the marital rape exception.

Rape Offence (BNS)

Provided under Section 64 in the Bharatiya Nyaya Sanhita, 2023, which replaced IPC Section 376.

Section 377 IPC Parallel Provision

Section 377 of the IPC does not have a parallel provision in the Bharatiya Nyaya Sanhita.

Trial Court Conviction (Gorakhnath Sharma)

Convicted the husband under Sections 304, 375, and 377 of the IPC, sentencing him to 10 years.

High Court Ruling (Gorakhnath Sharma)

Quashed the conviction, citing the marital rape exception and doubts over the prosecution’s evidence.

Navtej Singh Johar vs Union of India (2018)

Supreme Court decision that decriminalized homosexuality under Section 377, but did not impact the marital rape exception.