Economic Valuation of Unpaid Domestic Work
The Supreme Court's Shishupal judgment significantly advanced the economic valuation of homemakers' unpaid domestic work, setting a precedent for compensatio...
The Supreme Court's Shishupal judgment is a landmark ruling that significantly increased compensation for a homemaker in a motor accident case, valuing her services at ₹30,000 a month with a 10% hike every three years. This decision builds on previous judgments (Lata Wadhwa, Kirti) to address the economic undervaluation of women's unpaid domestic labor. While specifically for MACT cases, it is expected to have ripple effects on other legal contexts like maintenance under the Hindu Marriage Act and employment disputes, and may impact the motor insurance sector.
Durable syllabus ideas for revision — not article memory.
The Supreme Court's Shishupal judgment significantly advanced the economic valuation of homemakers' unpaid domestic work, setting a precedent for compensatio...
The Shishupal judgment underscores the Supreme Court's active role in driving social change by interpreting existing laws to address societal inequities, spe...
Previous year Prelims questions on overlapping themes and topics.
With reference to the casual workers employed in India, consider the following statements:
1. All casual workers are entitled for Employees Provident Fund coverage.
2. All casual workers are entitled for regular working hours and overtime payment.
3. The government can by a notification specify that an establishment or industry shall pay wages only through its bank account.
Which of the above statements are correct?
Statement 1 is not correct: The Government had launched a scheme viz Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993. As per the scheme, Temporary status would be conferred on all casual labourers who were in employment and who have rendered a continuous service of at least one year, which means that they must have been engaged for at least 240 days (206 days in case of offices observing 5 days week). Statement 2 is correct: The Supreme Court has decreed that casual workers are also entitled to social security benefits as stipulated in the Employees Provident Funds and Miscellaneous Provisions Act. The Court's ruling stemmed from its interpretation of Section 2(f) of the EPF Act, wherein the definition of an "employee" encompasses a broad scope, including any individual engaged directly or indirectly in connection with an establishment's work and receiving wages. A bench of the Supreme Court affirmed this viewpoint. Statement 3 is correct: The government has the authority to specify through a notification that an establishment or industry is obligated to disburse wages exclusively via its bank account.
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
With reference to Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.
The Preamble to the Constitution of India is
* The correct answer is D. a part of the Constitution but has no legal effect independently of other parts. * The Preamble of the Indian Constitution sets out the guiding principles and objectives of the document. While it is an integral part of the Constitution (Kesavananda Bharati case), it cannot be directly enforced in a court of law. * The Supreme Court of India has clarified that the Preamble can be used to interpret ambiguous provisions within the Constitution, but cannot be used to strike down laws as unconstitutional on its own. It serves as a guiding light for understanding the spirit and intent of the Constitution.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
Who/Which of the following is the Custodian of the Constitution of India?
A custodian is a person entrusted with the custody or care of something. - Whenever Fundamental Rights are denied or restricted, it can be challenged in the Supreme Court under Article 32; - The dispute between Centre and State can be settled in the Supreme Court under Article 131; - the Law declared by the Supreme Court shall be binding on all the courts in India under Article 141; - For the enforcement of decrees - Article 142; - President of India consulting Supreme Court under Article 143; - After all, under Article 13, all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void ( Doctrine of Judicial Review). - Supreme Court judgments are the law of the land; Based on the above facts, the Supreme Court takes care of the Constitution. So, simply the Supreme Court is the Custodian of the Constitution.
Consider the following statements:
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament. Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself. Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights. Hence, neither of the statements is correct.
With reference to the Constitution of India, consider the following statements:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.
Previous year Mains questions mapped to overlapping GS syllabus topics.
Ashok is Divisional Commissioner of one of the border districts of the North East State. A few years back, Military has taken over the neighbouring country after overthrowing the elected civil government. Civil law situation is prevailing in the country especially in last two years. However, internal situation further deteriorated due to rebel groups taking over control of certain populated areas near town border. Due to intense fight between military and rebel groups, civilian casualties have increased manifold in recent past. In the meantime, one night Ashok got 200-250 people, mainly women and children by firing to cross over to our side of the border. There are also about 10 soldiers with their weapons in military uniform part of this group who wants to cross over. Women and Children are also crying and begging for help. A few of them are injured and bleeding profusely need immediate medical care. Ashok tried to contact Home Secretary of the State but failed to do so due to poor connectivity mainly due to inclement weather.
(a) What are the options available with Ashok to cope with the situation?
(b) What are the ethical and legal dilemmas being faced by Ashok?
(c) Which of the options, do you think would be more appropriate for Ashok to adopt and why?
(d) In the present situation, what are the extra precautionary measures to be taken by the Border Guarding Police in dealing with soldiers in uniform?
Mahatma Gandhi National Rural Employment Guarantee Program, MGNREGA was earlier known as National Rural Employment Scheme, NREGA. It is an Indian Social Welfare Program that aimed at fulfilling the 'Right to Work' provisions made in the Constitution. MGNREGA was launched in 2006 under Rural Employment Sector by the Ministry of Rural Development.
Main objective of the program is to give legal guarantee of wage employment to the adult members of rural households who are willing to do unskilled manual labour work subject to a maximum of 100 days per year for every household. Every rural household has the right to register under the scheme; job card is issued to the registered; Job Card holder can seek employment. State government shall pay 25% of minimum wage for the first 30 days as compensatory daily unemployment allowance to the families and of wage for remaining period of the year. MGNREGA work was undertaken by various Gram Panchayats
You have been appointed as an Administrator Incharge of the District. You have been given the responsibility of monitoring MGNREGA work undertaken by various Gram Panchayats. You are also given the authority to give technical sanctions to all MGNREGA works.
In one of the Panchayats in your jurisdiction, you notice that your predecessor has mismanaged the Program in terms of:
(i) Money not disbursed to actual job-seekers.
(ii) Muster Rolls of the Labourers not properly maintained.
(iii) Mismatch between the work done and payments made.
(iv) Payments made to fictitious persons.
(v) Job Cards were given without looking into the need of person.
(vi) Mismanagement of funds and to the extent of siphoning of funds.
(vii) Approved works that never existed.
(a) What is your reaction to the above situation and how do you restore the proper functioning of MGNREGA Program in this regard?
(b) What actions would you initiate to solve the various issues listed above?
(c) How would you deal with the above situation?
The National Commission for Protection of Child Rights has to address the challenges faced by children in the digital era. Examine the existing policies and suggest measures the Commission can initiate to tackle the issue.
Rajesh is a Group A officer with nine years of service. He is posted as Administrative Officer in an Oil Public Sector undertaking. As an Administrative Officer he is responsible for managing and coordinating various administrative tasks to ensure smooth functioning of office. He also manages office supplies, equipment etc.
Rajesh is now sufficient senior and is expecting his next promotion in JAG (Junior Administrative Grade) in the next one or two years. He knows that promotion is based on examination of ACRs/Performance Appraisal of last few years (5 years or so) of an officer by a DPC (Departmental Promotion Committee) and an officer lacking requisite grading of ACRs may not be found fit for promotion. Consequences of losing promotion may entail financial and reputational loss and set-back for career progression. Though he also puts his best efforts in official discharge of his duties, yet he is unsure of assessment by his superior officer. He is now putting extra efforts so that he gets thumping report at the end of financial year.
As Administrative Officer, Rajesh is regularly interacting with his immediate boss, who is his reporting officer for writing his ACR. One day he calls Rajesh and wants him to buy computer-related stationery on priority from a particular vendor. Rajesh instructs his office to initiate action for procuring these items. During the day, the dealing Assistant brings an estimate of Rupees Thirty Five Lakhs covering all stationery items from the same vendor. It is noticed that as per delegated financial powers, as provided in the GFR (General Financial Rules) as applicable in that Organisation, expenditure for office items exceeding Rupees Thirty Lakhs requires sanction of the next higher authority (boss in the present case). Rajesh knows that immediate superior would suspend all these purchases should he delve at his level, and may not appreciate such lack of initiative on his part. During discussions with office, he learns that common practice of splitting of expenditure (where large order is divided into a series of smaller ones) is followed to avoid obtaining sanction from higher authority. This practice is against the rules and may come to the adverse notice of Audit.
Rajesh is perturbed. He is unsure of taking decision in the matter.
(a) What are the options available with Rajesh in the above situation?
(b) What are the ethical issues involved in this case?
(c) Which would be the most appropriate option for Rajesh and why?
Subash is Secretary, PWD in the State Government. He is a senior officer, known for his competence, integrity and dedication to work. He enjoys the trust and confidence of the Minister in charge of PWD and Programme Implementation. As a part of his job profile, he is responsible for policy formulation, execution of projects relating to infrastructure initiatives in the State. Besides, he oversees the technical and administrative aspects relating to planning, designing and construction etc..
Subash's Minister is an important Minister in the state and significant growth in urban infrastructure development and road network has been registered during his tenure. He is very keen for launching of ambitious road construction project in the near future.
Subash is in regular touch with the Minister and is working various modalities of road construction project. Regular meetings, interactions and presentations are made by him to the Minister before a formal public announcement of the project is made by the Minister. Subash's only son Vikas is in real estate business. His son, from his own sources, is aware that a mega road project is on the anvil and announcement in this regard is expected anytime. He is very keen to know from his father the exact location of the upcoming project. He knows that there would be quantum jump in the prices of land in the vicinity. Buying land at this stage at cheaper prices would pay him rich dividends. He is pleading with him (his father) day in and day out to share him location of the proposed project. He assured him that he would handle the matter discreetly so it would not attract any adverse notice as he in the normal course, keeps on buying land as a part of his business. He feels pressurised because of constant pleadings by his son.
Another significant aspect of the matter pertained to the extra/undue interest in the above project by the Minister PWD. His nephew was also having big infrastructure project company. In fact, the Minister has also introduced his nephew to him and indicated to him to take care of his nephew's business interest in the forthcoming project. The Minister encouraged him to act fast in the matter as early announcement and execution of mega road project would enhance his status in the party and public life.
In the above backdrop, Subash is in a fix as to the future course of action.
(a) Discuss the ethical issues involved in the case.
(b) Critically examine the options available to Subash in the above situation?
(c) Which of the above would be most appropriate and why?
In line with the Directive Principles of State Policy enshrined in the Indian Constitution, the government has a constitutional obligation to ensure basic needs – "Roti, Kapda aur Makan (Food, Clothes and Shelter)" – for the under-privileged. Pursuing this mandate, the district administration proposed clearing a portion of forest land to develop housing for the homeless and economically weaker sections of the society.
The proposed land, however, is an ecologically sensitive zone densely populated with age-old trees, medicinal plants and vital biodiversity. Besides, these forests help to regulate micro-climate and rainfall; provide habitat for wildlife, support soil fertility and prevent land/soil erosion and sustain livelihoods of tribal and nomadic communities.
In spite of the ecological and social costs, the administration argues in favour of the proposed initiative by highlighting that this very initiative addresses fundamental human rights as a critical welfare priority. Besides, it fulfils the government's duty to uplift and empower the poor through inclusive housing development. Further, these forest areas have become unsafe due to wild animal threats and recurring human-wild life conflicts. Lastly, clearing a forest-zone may help to curb anti-social elements allegedly using these areas as hideouts, thereby enhancing law and order.
(a) Can deforestation be ethically justified in the pursuit of social welfare objectives like, housing for the homeless?
(b) What are the socio-economic, administrative and ethical challenges in balancing environmental conservation with human development?
(c) What substantial alternatives or policy interventions can be proposed to ensure that both environmental integrity and human dignity are protected? (Answer in 250 words)
The article explicitly states that the Supreme Court’s judgment in Shishupal @Shish Ram vs Surjeet revised the compensation and attached a sum of ₹30,000 a month to the homemaker’s 'economic value'.
Statement 1 is incorrect as the article states, 'The judgment does not create a salary, wage entitlement, pension scheme or employment relationship for homemakers'. Statement 2 is correct as it says, 'applies to compensation calculations in MACT cases only'. Statement 3 is correct as the article mentions, 'This decision builds on previous judgments (Lata Wadhwa, Kirti) to address the economic undervaluation of women's unpaid domestic labor'.
The article explicitly mentions all four areas: 'homemakers seeking maintenance under the Hindu Marriage Act', 'litigants to invoke similar reasoning in employment disputes vis-à-vis 'work from home' arrangements', 'Motor insurance is already a low-margin segment... may force companies to reassess their risk models', and 'Rural women who 'assist in sowing, harvesting, and cattle-tending'... can now invoke the Court’s reasoning to pitch to have their labour... valued higher'.
Introduce the Shishupal judgment and its core ruling. Elaborate on its significance as a 'vital corrective' to economic erasure, building on previous judgments. Discuss its contribution to social justice by recognizing the economic value of unpaid domestic work and its role in promoting gender equality by challenging societal undervaluation of women's labor. Conclude with its potential for broader impact.
Begin by stating the judgment's primary scope (MACT cases). Then, detail the anticipated ripple effects across legal contexts (e.g., Hindu Marriage Act, employment disputes) and economic sectors (e.g., motor insurance, valuation of rural women's labor). Conclude by discussing potential challenges such as inconsistent quantification, resistance from stakeholders, and the need for further judicial or legislative clarity.