Polity Current Affairs Archives | Page 4 of 5

Supreme Court on Ashoka Chakra Guidelines (2026 Explained)

Why in News?

The Supreme Court of India declined to entertain a petition seeking the formulation of guidelines for displaying the Ashoka Chakra on the national flag. The Court chose not to intervene, indicating no need for additional directions.

Key Highlights of the Case

The petition requested the Court to direct the Central Government to frame specific rules for the display of the Ashoka Chakra.
The Supreme Court refused to entertain the plea.
The Court did not find sufficient grounds to issue directions in this matter.
Existing provisions under the Flag Code of India already govern the use and display of the national flag

Ashoka Chakra – Key Facts

Inspired from the Lion Capital of Ashoka at Sarnath (Mauryan period)
Adopted on 22 July 1947.
Located at the center of the white band in the Indian National Flag
Color: Navy Blue
Shape: 24-spoked wheel

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Supreme Court Seeks Replies on RTE Implementation

Why in News?

The Supreme Court of India has asked the Centre, States, and Union Territories to respond to a Public Interest Litigation (PIL) demanding effective implementation of the Right to Education (RTE) Act.

Understanding Public Interest Litigation (PIL):

PIL allows any individual or organization to approach the court in the interest of the public, especially for marginalized sections.

Key Features

Relaxation of Locus Standi: Anyone can file a case, not just the affected party.
Epistolary Jurisdiction: Courts may accept letters/postcards as petitions.
Suo Motu Action: Courts can initiate cases on their own.

Historical Background

Introduced during the late 1970s–1980s.
Key contributors:
- Justice P. N. Bhagwati
- Justice V. R. Krishna Iyer
Considered a major tool of judicial activism in India.

Right to Education (RTE) Act, 2009 – Key Points

Constitutional Basis

Article 21A: Makes education a Fundamental Right (6–14 years).
86th Constitutional Amendment Act, 2002 introduced this provision.
Supporting provisions:
- Article 45: Early childhood care (DPSP)
- Article 51A(k): Duty of parents to provide education

Major Provisions

Free & Compulsory Education for children aged 6–14 years (Classes I–VIII)
25% Reservation in private unaided schools for:
- Economically Weaker Sections (EWS)

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Chairs of both Houses reject notice seeking CEC’s removal

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Why in News?

Chairpersons of both Houses of Parliament rejected a notice submitted by Opposition Members of Parliament seeking the removal of the Chief Election Commissioner (CEC). It sought the removal of the current Chief Election Commissioner Gyanesh Kumar

Constitutional Provision: Article 324(5)

Article 324 deals with the Election Commission of India (ECI).
Clause (5) ensures security of tenure for the CEC.
It states that:
- The CEC can be removed only in the same manner and on the same grounds as a Supreme Court Judge.

Grounds for Removal of CEC:

The CEC can be removed only on:

Proven misbehaviour
Incapacity

These conditions ensure independence and prevent arbitrary removal.

Procedure for Removal of CEC

The process is similar to the removal of a Supreme Court Judge and follows the Judges (Inquiry) Act, 1968. The procedure is as follows

1. Initiation of Motion

Requires:
- At least 100 Lok Sabha MPs, OR
- At least 50 Rajya Sabha MPs

Admission & Investigation

The motion is submitted to:
- Lok Sabha Speaker or Rajya Sabha Chairman
If admitted, a 3-member inquiry committee is formed:
- A Supreme Court Judge
- A Chief Justice of a High Court
- A Distinguished jurist

3. Parliamentary Approval

If charges are proven:
- Both Houses must pass the motion with a Special Majority:
  - Majority of total membership AND
  - Two-thirds of members present and voting

4. Final Removal

After Parliament passes the motion:
- The President of India issues the final removal order.

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Right to Menstrual Health as Fundamental Right: Supreme Court Expands Article 21 in Jaya Thakur Case

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Why in News

Dr. Jaya Thakur vs Union of India, the Supreme Court recognized the right to menstrual health as a fundamental right under Article 21.

right to menstrual health as fundamental right

Key Highlights

Right to Menstrual Health is now part of:

Right to Life and Personal Liberty (Article 21)

Key Directions by Supreme Court:

Provision of free sanitary pads in schools
Establishment of separate toilets for girls

Article 21:

States:
- “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Applicability:
- Available to citizens and foreigners (except enemy aliens)

Judicial Evolution of Article 21

A.K. Gopalan v. State of Madras (1950)
- Took a narrow interpretation
- Focused only on procedure established by law
Maneka Gandhi v. Union of India (1978)
- Introduced “fair, just and reasonable” procedure
- Expanded Article 21 to include due process of law
- Linked Article 21 with Articles 14 & 19

https://www.downtoearth.org.in/health/menstrual-health-now-a-fundamental-right-its-gender-inclusive-constitutional-justice

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No-Confidence Motion Against Lok Sabha Speaker: Removal Process, Articles & Key Facts (UPSC/PSC Notes)

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Why in News?

Opposition parties have submitted a no-confidence motion seeking the removal of Lok Sabha Speaker . The notice has met the minimum support requirement, and the motion may be taken up after the mandatory 14-day notice period.

Procedure for Removal of Speaker

Article 94(c) → Provides for removal of the Lok Sabha Speaker through a resolution passed by the House.

Notice Requirement

Minimum 14 days’ written notice must be given

Support for Admission

At least 50 Members of Parliament (MPs) must support the motion

Presiding Restriction

Speaker cannot preside during the proceedings
However, can participate and defend himself (Article 96)

Voting Requirement

Requires Effective Majority:
- Majority of all existing members of Lok Sabha

Outcome

If passed → Speaker removed immediately
If rejected → Speaker continues in office
Even after removal → continues as MP

https://www.ndtv.com/india-news/oppositions-no-confidence-motion-against-speaker-defeated-in-lok-sabha-11200786

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16th Finance Commission Recommendations 2026 – Key Highlights, Devolution Formula & Fiscal Reforms (UPSC/PSC Notes)

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Why in News?

The 16th Finance Commission (FC) report was tabled in Parliament on February 1, 2026, along with the Union Budget. The Government has accepted key tax devolution and grant recommendations for the period 2026–27 to 2030–31.

Key Recommendations:

1. Vertical Devolution (Centre–State Share)

41% of divisible tax pool allocated to States
Unchanged from the 15th Finance Commission
Ensures continuity and fiscal stability for States

2. Grants-in-Aid (2026–27)

Total allocation: ₹1.4 lakh crore
Includes:
- Grants to Rural Local Bodies (Panchayats)
- Grants to Urban Local Bodies (Municipalities)
- Disaster management funding

Horizontal Devolution Formula (2026–31)

Criterion	15th FC Weight (2021–26)	16th FC Weight (2026–31)
Income Distance	45.0%	42.5%
Population (2011 Census)	15.0%	17.5%
Demographic Performance	12.5%	10.0%
Area	15%	10%
Forest & Ecology	10%	10%
Contribution to GDP (New)	–	10%
Tax and Fiscal Effort	2.5%	–

Background:

The Finance Commission is a constitutional body under Article 280. Constituted every 5 years by the President of India. Functions:

Recommend tax sharing (Centre–State)
Suggest grants-in-aid
Promote fiscal federalism

16th Finance Commission

Chairman: Dr. Arvind Panagariya
Award Period: 2026–27 to 2030–31

https://www.pib.gov.in/PressReleasePage.aspx?PRID=2221390&reg=3&lang=2

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National Commission for Scheduled Tribes (NCST) – 23rd Foundation Day | Article 338A, Functions & Composition

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Why in News?

The 23rd Foundation Day of the National Commission for Scheduled Tribes (NCST) was recently celebrated in New Delhi. It highlights the role of NCST in protecting the rights of Scheduled Tribes (STs) in India.

National Commission for Scheduled Tribes

NCST is a constitutional body established under Article 338A of the Indian Constitution.
It works for the protection, welfare, and development of Scheduled Tribes.
Formed after the Constitution (89th Amendment) Act, 2003.

Separation of Commissions (2003):

Earlier: A single body for SCs & STs
After Amendment:
- National Commission for Scheduled Castes (NCSC) – Article 338
- National Commission for Scheduled Tribes (NCST) – Article 338A

Composition of NCST:

Chairperson
Vice-Chairperson
3 other Members

Appointment & Tenure:

Appointed by the President of India
Tenure: 3 years

Functions of NCST

Investigate and monitor safeguards for STs
Inquire into complaints regarding deprivation of rights
Advise on planning process for socio-economic development
Present reports to the President annually

https://www.pib.gov.in/PressReleasePage.aspx?PRID=2230380&reg=3&lang=1

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Supreme Court Hearing on CAA Petitions from May 5 – Key Points for UPSC & PSC Exams

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Why in News?

The Supreme Court of India has scheduled final hearings from May 5, 2026 on more than 250 petitions challenging the Citizenship (Amendment) Act, 2019 (CAA). The petitions question the constitutional validity of the Act, especially on grounds of alleged religious discrimination.

Key Highlights:

The CAA amends the Citizenship Act, 1955.
It provides fast-track Indian citizenship to certain migrants facing religious persecution.
Eligible communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
Countries covered: Afghanistan, Bangladesh, and Pakistan.
Cut-off date: Migrants must have entered India on or before 31 December 2014.
It reduces the residency requirement for citizenship from 11 years to 5 years for eligible migrants.
Over 250 petitions challenge the Act’s constitutionality, mainly citing violation of Article 14 (Right to Equality). The Supreme Court will now conduct final hearings, which could have major constitutional implications

https://www.indiatoday.in/india/law-news/story/supreme-court-caa-final-hearing-may-5-iuml-plea-petitions-2870995-2026-02-19

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Kerala Renaming to ‘Keralam’ Approved – Article 3 & State Name Change Procedure Explained for Exams

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Why in News?

Union Cabinet has approved a proposal to rename Kerala as “Keralam”, initiating the constitutional process under Article 3 of the Indian Constitution.

Constitutional Basis:

Article 3 – Alteration of State Name

Parliament has the power to:

Form new states
Alter boundaries
Increase or decrease area
Change the name of a state

Article 4 – Supplemental Provisions

Any law under Article 3:
- Amends the First Schedule (list of states)
- Amends the Fourth Schedule (Rajya Sabha seats)
Such changes:
- Are not considered Constitutional Amendments
- Passed by simple majority

Step-by-Step Procedure to Change State Name:

Presidential Recommendation:
- Bill can be introduced in Parliament only with prior approval of the President.
Reference to State Legislature:
- President refers the Bill to the concerned State Legislature for its opinion.
Non-Binding Opinion:
- State’s views are not binding on Parliament.
Parliamentary Approval:
- Bill passed by simple majority in both Houses.
Presidential Assent:
- After approval, the President signs the Bill → Name change becomes official.

https://ddnews.gov.in/en/union-cabinet-approves-proposal-to-rename-kerala-as-keralam/

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Rajya Sabha Elections 2026 – 37 Seats Notified | Composition, Tenure & Articles Explained

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Why in News?

The Election Commission of India (ECI) has issued notification for elections to 37 Rajya Sabha seats, with polling scheduled in March 2026, as the terms of these members are expiring in April.

Rajya Sabha – Key Features:

Maximum Strength: 245 members

233 elected from States & UTs
12 nominated by the President

Nature of House:

Permanent body (cannot be dissolved)
Ensures continuity in Parliament

Tenure:

Each member serves 6 years
1/3rd members retire every 2 years (biennial elections)
Based on Article 83(1)

Composition & Representation:

Allocation of seats is based on population.
Governed by the Fourth Schedule of the Constitution.

Nominated Members (Article 80(3)):

12 members nominated by the President of India.
Chosen from fields like:
- Literature
- Science
- Art
- Social Service
They may join a political party within 6 months of taking their seat

https://ddnews.gov.in/en/eci-announces-march-16-polling-for-37-rajya-sabha-seats-across-10-states/

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