UPSC Polity

APPOINTMENT OF CEC AND ECS: CONCERNS OVER INDEPENDENCE AND TRANSPARENCY

The Election Commission of India appointment process shifted from executive discretion to a statutory framework under the 2023 Act, replacing the Chief Justice of India with a Cabinet Minister, raising concerns over executive dominance and electoral independence.

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GOVERNOR'S ROLE IN A HUNG ASSEMBLY: CONSTITUTIONAL MECHANICS & COURT JUDGMENTS

In a hung assembly, the Governor uses constitutional discretion to appoint a Chief Minister. They sequentially invite pre-poll alliances, the largest party, or post-poll coalitions to prove their majority on the assembly floor.

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MODEL CODE OF CONDUCT: EVOLUTION, PROVISIONS, CHALLENGES, WAY FORWARD

The Model Code of Conduct ensures free and fair elections by regulating political entities. Lacking direct statutory backing, its enforcement relies on Article 324. Emerging challenges like deepfakes and freebies necessitate modernizing the framework with robust legal and digital tools.

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INCREASE IN SUPREME COURT JUDGES STRENGTH

The Cabinet approved the Supreme Court Amendment Bill, 2026, raising judge strength from 33 to 37. This addresses India's massive 5.1 crore case backlog, though extensive systemic reforms remain completely vital for long-term efficiency

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SUPREME COURT RULINGS ON CONTEMPT OF COURT

The power of contempt must be a "measure of last resort," as judicial independence is best secured through transparency and quality judgments, rather than legal coercion to suppress democratic dissent or criticism.

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PESA ACT 1996: PROVISIONS, CHALLENGES, WAY FORWARD

Nearly 30 years after PESA, tribal self-governance remains weak. Some states like Jharkhand notified rules, while others lag. Gram Sabha consent is diluted to consultation, and mining laws override protections. Cases like Mendha Lekha and Niyamgiri show progress and struggle, highlighting the need for legal harmonisation and empowerment.

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