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GS Paper: GS2-09.Appointment to various Constitutional posts; Constitutional Bodies(powers, functions and responsibilities); Statutory, Regulatory and Quasi-judicial bodies

  • SC upholds NCLAT order setting aside CCI’s ₹301.6-crore penalty on Grasim Industries

    Why in the News

    The Supreme Court dismissed the Competition Commission of India’s appeal against an NCLAT order that set aside a Rs 301.6 crore penalty on Grasim Industries, holding that the regulator breached natural justice by not giving the company a hearing after departing from its own investigative findings. The ruling exposes the boundary between a regulator’s power to penalise dominant firms and the procedural fairness it owes them before doing so.

    What did the CCI originally rule and why was it set aside?

    1. Original penalty: The Competition Commission of India imposed the Rs 301.6 crore penalty on Grasim Industries in March 2020 for allegedly abusing its dominant position in the supply of viscose staple fibre to spinners.
    2. Departure from the Director General’s findings: The National Company Law Appellate Tribunal found that the CCI had departed from the findings of its own Director General, the regulator’s investigative arm, without giving Grasim a chance to respond to that departure.
    3. NCLAT’s order: The NCLAT set aside the CCI’s order and remanded the matter back to the Commission for a fresh hearing that accounts for this procedural gap.

    Why did the Supreme Court agree with the natural justice finding?

    1. Hearing before departure: A bench of the Supreme Court held that once the CCI decided to differ from the Director General’s conclusions, natural justice required that Grasim be given an opportunity to present its arguments against that specific departure.
    2. Procedural fairness as a substantive check: The ruling confirms that a regulator’s substantive finding of market dominance abuse can be undone purely on procedural grounds, regardless of the underlying merits of the dominance allegation.

    What are the challenges this ruling poses for competition regulation?

    1. Delay in enforcement: The case now returns to the CCI for a fresh hearing, meaning a matter that began with a 2020 penalty order will take years longer to resolve, weakening the deterrent effect of competition enforcement.
    2. Procedural burden on the regulator: The CCI will need to build an additional hearing step into its process whenever it departs from Director General findings, adding to its administrative workload in future dominance cases.
    3. Precedent for future appeals: Companies facing CCI penalties now have a clearer procedural ground to challenge orders that diverge from investigative findings without an intervening hearing.
    4. Market conduct still unresolved: Whether Grasim actually abused its dominant position in the viscose staple fibre market remains unresolved and will only be settled after the CCI re-examines the case.

    Conclusion

    The Supreme Court’s ruling turns on procedure, not on whether Grasim actually abused its market position. The Competition Commission of India must now rehear the case with Grasim given the opportunity it was earlier denied, leaving the substantive dominance question open until that fresh hearing concludes.

    Back2Basics:

    Competition Commission of India (CCI)

    1. The CCI is India’s cross-sectoral competition regulator, governed by the Competition Act, 2002, covering anti-competitive agreements, mergers and combinations, and abuse of dominance across all sectors.
    2. It is not a price control body; it intervenes only where conduct is anti-competitive, a distinction commonly tested since CCI does not regulate prices directly.
    3. The CCI acts as the first-instance adjudicator across all sectors, since there is no separate technical regulator performing a parallel function within its domain.
    4. Appeals against CCI orders lie with the National Company Law Appellate Tribunal (NCLAT), as in the Grasim case, with further appeal lying with the Supreme Court.

    The National Company Law Appellate Tribunal (NCLAT):

    1. It serves as the direct appellate authority for orders, directions, and decisions passed by the Competition Commission of India (CCI). When the CCI rules on anti-competitive agreements, cartels, or abuse of dominant market positions, aggrieved parties challenge those decisions before the NCLAT

    Key Aspects of the Relationship

    1. Appellate Jurisdiction: Empowered under Section 410 of the Companies Act, 2013, NCLAT hears and disposes of all appeals arising from CCI rulings (replacing the erstwhile Competition Appellate Tribunal or COMPAT).
    2. Judicial Review: NCLAT evaluates whether CCI orders follow principles of natural justice, properly weigh market evidence, or stay within regulatory jurisdiction

    PYQ Relevance

    [UPSC 2023] Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National Corporations in India. Refer to the recent decisions.

    Linkage: The PYQ tests the role of the CCI in preventing abuse of dominant position and promoting fair competition. The article highlights the CCI’s enforcement powers and the need to uphold natural justice while regulating dominant firms.

  • Centre defends CEC panel without CJI

    Why in the News?

    The Supreme Court is examining the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which gives the executive a majority in the CEC selection committee. The Court has reserved its decision on whether to refer the matter to a Constitution Bench.

    What is the CEC Selection Committee under the 2023 Act?

    The Act provides for a three-member selection committee comprising:

    • Prime Minister (Chairperson)
    • Union Cabinet Minister nominated by the Prime Minister
    • Leader of the Opposition (LoP) in the Lok Sabha

    What changed?

    • The Act replaced the Chief Justice of India (CJI) with a Cabinet Minister.
    • This gives the executive two out of three votes, with the Opposition holding one.

    What is the Anoop Baranwal Judgment (2023)?

    • Delivered by a five-judge Constitution Bench.
    • Held that until Parliament enacted a law, the CEC and Election Commissioners should be appointed by a committee comprising:
      • Prime Minister
      • Leader of the Opposition
      • Chief Justice of India
    • The Court stressed that the Election Commission must be independent, neutral, and free from executive control.

    Centre’s Arguments

    • Parliament is competent to decide the appointment process.
    • The Prime Minister’s office carries constitutional trust.
    • Courts should not presume bad faith by constitutional authorities.
    • Replacing the CJI with a Cabinet Minister is within Parliament’s legislative powers.

    Supreme Court’s Concerns

    • The committee lacks a neutral member.
    • A 2:1 executive majority may affect the perception of independence.
    • Appointments should not only be fair but also appear to be fair.

    [2017] Consider the following statements regarding the Election Commission of India:
    1.The ECI is currently a five-member body consisting of the Chief Election Commissioner and four Election Commissioners.
    2.The Union Ministry of Home Affairs is the final authority that decides the election schedule for general elections.
    3.The ECI is the designated authority to resolve disputes relating to splits or mergers of recognized political parties.
    Which of the statements given above is/are correct?

    [A] 1 and 2 only

    [B] 3 only

    [C] 2 and 3 only

    [D] 1, 2 and 3

  • IRDAI Reforms to Revamp the Insurance Sector

    Why in News?

    The Insurance Regulatory and Development Authority of India (IRDAI) approved a series of reforms to modernise the insurance sector and implement the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Act, 2025.

    Key Highlights

    • Reforms aim to:
      • Improve ease of doing business.
      • Enhance insurance penetration.
      • Strengthen governance and policyholder protection.
      • Provide greater operational and financial flexibility to insurers.
    • Liberalised norms for Investments. Capital infusion. Corporate restructuring. Transfer of shares and amalgamation of insurers.
    • Policyholders’ Education and Protection Fund (PEPF) operationalised under Section 16A of the IRDA Act, 1999 to Promote insurance awareness. Improve grievance redressal. Trace unclaimed insurance amounts. Enhance policyholder services.
    • Insurance intermediaries reforms:
      • Mandatory tagging of the authorised salesperson with every insurance proposal and policy.
      • Perpetual registration for intermediaries through an annual fee system, replacing periodic renewals.

    About IRDAI

    • Statutory regulator established under the IRDA Act, 1999.
    • Regulates, promotes, and ensures orderly growth of the insurance sector.
    • Headquarters: Hyderabad.

    Prelims Facts

    • IRDA Act, 1999 established IRDAI.
    • PEPF aims to strengthen insurance literacy and policyholder protection.
    • The reforms implement the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Act, 2025.

    [2019] In India, which of the following bodies/mechanisms review the functioning of independent regulators like PFRDA, IBBI, AERA, and PNGRB?
    1.Ad Hoc Committees appointed by the Parliament.
    2.Parliamentary Standing Committees.
    3.NITI Aayog.
    4.Financial Sector Legislative Reforms Commission (FSLRC).
    5.Finance Commission.
    Select the correct answer using the code given below:

    [A] 1 and 2 only

    [B] 1, 3, and 4

    [C] 2, 4, and 5

    [D] 2 only

  • Delhi High Court’s ANI v OpenAI ruling offers a better path on copyright and AI than a training licensing regime

    Why in the News?

    The Delhi High Court’s ruling in ANI v OpenAI, addressing technological neutrality and the research exemption, offers a framework for copyright and AI. At the same time, there is a growing criticism about the Department for Promotion of Industry and Internal Trade (DPIIT) committee’s proposed AI training licensing regime as potentially harmful to innovation.

    What did the Delhi High Court’s ANI v OpenAI ruling establish?

    1. Technological neutrality: The ruling applies existing copyright principles to AI training without creating a separate, more restrictive legal category just because the technology involved is new.
    2. Research exemption: The ruling recognises a research exemption relevant to how AI systems process copyrighted content during training, rather than treating every instance of AI training on copyrighted material as infringement by default.

    How is the DPIIT new hybrid licensing system (One Nation – One License – One Payment) different from the Delhi High Court (ANI v OpenAI) judgment?

    1. DPIIT Proposal: AI seeks to bring in a statutory licensing mechanism that requires companies to pay compensation (royalties) to content creators through a centralized government system.
    2. Delhi High Court verdict: The court in its latest order refused to impose any strict or prior licensing norms, stating that AI training can be considered ‘fair dealing’ (under research purposes).

    Why does the proposed licensing regime as a step backward?

    1. Compliance burden: A mandatory AI training licensing regime would require AI developers to negotiate and pay for licenses before training on copyrighted content, raising the cost of building AI systems in India.
    2. Innovation chilling effect: Smaller AI developers and startups, unable to absorb licensing costs at the scale large technology companies can, would face a higher barrier to entry than the court’s technological neutrality approach imposes.
    3. Inconsistency with the ruling: A DPIIT-driven licensing regime would move policy in a more restrictive direction than the judiciary’s own reading of technological neutrality and the research exemption, creating a mismatch between executive rule making and judicial precedent.

    Conclusion

    The Delhi High Court’s ANI v OpenAI ruling offers a workable copyright and AI framework built on existing legal principles rather than new restrictions. DPIIT’s proposed licensing regime would discard that workable framework in favour of a compliance heavy structure that risks innovation without a clear corresponding gain for rights holders.

    Back2Basics

    The Proposed Licensing system by DPIIT:

    The Department for Promotion of Industry and Internal Trade (DPIIT) proposed a new hybrid licensing systemin December 2025 called “One Nation – One License – One Payment”. Its main purpose is to strike a balance between creators’ rights and technological innovation on the use of copyrighted content for artificial intelligence (AI) training.

    The important aspects and provisions of this proposed policy are as follows:

    Mandatory Blanket License

    1. Data usage rights: AI developers can use any copyrighted content that is legally accessible (for example, freely available online) to train their models without seeking separate permission. [1, 2]
    2. No Opt-Out: Content creators or organizations do not have the right to opt-out of having their content used for AI training.

    Royalty Structure

    1. Payment after commercialization: AI developers do not have to pay any fees upfront. Royalties apply only after the AI ​​tool or product starts generating revenue commercially.
    2. Centralized Body: The government will set up a non-profit centralized nodal agency called “Copyright Royalties Collective for AI Training” (CRCAT) to collect royalties and distribute them to copyright holders .
    3. Pricing: Royalty rates are determined independently by a special expert committee appointed by the government

    Department for Promotion of Industry and Internal Trade (DPIIT)

    1. It is a Union government department under the Ministry of Commerce and Industry.
    2. It is responsible for industrial policy, including the committee that proposed the AI training licensing regime referenced here.

    PYQ Relevance

    [UPSC 2024] What is the present world scenario of intellectual property rights with respect to life materials? Although India is second in the world to file patents, still only a few have been commercialized. Explain the reasons behind this less commercialization.

    Linkage: The PYQ examines India’s intellectual property rights framework and the balance between protection of intellectual property and innovation. The article discusses whether India’s copyright framework should promote AI innovation through existing legal principles or impose a mandatory licensing regime. It highlights the broader challenge of designing an IPR regime that protects creators without discouraging technological innovation.

  • How should cities reclaim footpaths?

    Why in the News?

    Following the Supreme Court’s recognition of the right to walk on safe, obstruction-free footpaths as a Fundamental Right, Bengaluru Development Minister directed a 10-day “Safe Footpath” drive across the five corporations under the Greater Bengaluru Authority, removing thousands of street vendors from pavements. The drive enforced the pedestrian right the court recognised but bypassed the process the Street Vendors Act, 2014 requires before vendors can be removed, exposing a gap between enforcing one right and protecting another.

    Why was the Street Vendors Act, 2014 enacted?

    1. Vending recognised as legitimate occupation: The Supreme Court has repeatedly held that street vending is a legitimate occupation protected under Article 19 of the Constitution, regulable in the public interest but not prohibitable outright.
    2. Response to arbitrary evictions: Municipal bodies and police had a recurring pattern of evicting vendors without notice, reducing years of livelihood to rubble overnight, which the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was enacted to end.
    3. Not an anti-encroachment law: The Act does not give vendors an unrestricted right over public space, nor does it function as an anti-encroachment statute.
    4. Balancing two rights: It balances the public’s right to safe, obstruction-free footpaths against a vendor’s right to livelihood, laying down who can vend, where they can vend, and when they can be removed or relocated.

    What process must cities follow before removing vendors?

    1. Town Vending Committee (TVC): Every city must constitute a TVC comprising officials, police, planning authorities, resident representatives and street vendors, who must hold at least 40% of the seats, with representation for women and other marginalised communities.
    2. Survey requirement: Once constituted, the TVC must survey all existing vendors before authorities decide who can continue vending and under what conditions.
    3. Protection during the process: No vendor can be evicted or relocated until the survey is completed and Certificates of Vending are issued.
    4. Certificate of Vending: The certificate gives official permission to vend at a specified location under specified conditions and confers no ownership over public land.
    5. Removal remains conditional, not barred: The Act does not prohibit the removal of vendors; it only requires that removal follow this sequence.

    Why has Bengaluru’s drive come under scrutiny?

    1. No Town Vending Committee in place: Bengaluru’s corporations began removing vendors before constituting a TVC, the body the Act requires to identify vending and no-vending zones.
    2. Relocation promised only after the fact: Karnataka Chief Minister promised relocation only after the drive had already removed vendors.
    3. Sequence reversed: The government acted on the Supreme Court’s recognition of the pedestrian’s right to walk without first completing the survey and certification process the Street Vendors Act requires.
    4. Foundation of the law is balance: The Act’s foundation is the balance between the two rights, not the primacy of one over the other.

    Conclusion

    The Street Vendors Act, 2014, requires cities to constitute a Town Vending Committee, survey existing vendors and issue Certificates of Vending before removal or relocation, precisely to prevent the arbitrary evictions that predate the law. Bengaluru’s drive enforced the Supreme Court’s recognition of the pedestrian’s right to walk without first completing this sequence, showing that reclaiming footpaths lawfully requires following the Act’s process rather than invoking one right to bypass the other.

    PYQ Relevance

    [UPSC 2023] “The states in India seem reluctant to empower urban local bodies both functionally as well as financially.” Comment.

    Linkage: The PYQ examines the effectiveness of Urban Local Bodies (ULBs) in urban governance, particularly their institutional capacity, devolution of powers, and ability to manage public spaces and civic services. The article highlights that effective implementation of the Street Vendors Act, 2014 depends on empowered municipal institutions such as Town Vending Committees (TVCs). Bengaluru’s failure to constitute a TVC before undertaking evictions reflects the governance and institutional weaknesses of ULBs

  • Fast-track courts: When they can be established, where they lag

    Why in the News

    Indian Prime Minister assured to set up fast-track courts (FTCs) to try exam paper-leak cases, announced after protests by the Cockroach Janta Party (CJP) at Jantar Mantar. A draft Bill on paper leaks was taken to Cabinet on Friday, but existing fast-track courts show that speed depends on constitutional limits, infrastructure and investigation quality.

    What are fast-track courts, and what legal basis funds them?

    1. No single governing law: There is no central legislation that governs fast-track courts as a category.
    2. 14th Finance Commission origin: The 14th Finance Commission (2015-2020) recommended FTCs to expedite trials of heinous crimes such as murder, kidnapping and property disputes pending over five years, and for cases involving vulnerable groups such as women and children.
    3. 2019 fast-track special courts (FTSCs) scheme: In 2019, following a Criminal Law (Amendment) Act, 2018 and a Supreme Court directive, the Union Government launched a centrally sponsored scheme for fast-track special courts (FTSCs), funded partly by the Nirbhaya Fund, exclusively for rape cases and offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012. (Nirbhaya Fund: Following the Nirbhaya case of 16th December, 2012, the Government has set up a dedicated fund , Nirbhaya Fund, which can be utilized for projects specifically designed to improve the safety and security of women. It is a non-lapsable corpus fund, being administered by Department of Economic Affairs, Ministry of Finance. The Ministry of Women and Child Development (M/o WCD) is the nodal Ministry to appraise/recommend proposals and Schemes to be funded under Nirbhaya Fund.)

    Can a Special Court be created for a single case?

    1. Article 14: Creation of special courts must satisfy the Right to Equality under Article 14.
    2. Anwar Ali Sarkar precedent: In State of West Bengal vs Anwar Ali Sarkar (1952), the Supreme Court struck down a law letting the government arbitrarily pick cases for special courts for the “object of speedier trial” alone, calling “speed” too vague a criterion.
    3. Reasonable Classification: Cases assigned to special courts must be based on an objective and rational classification, such as the nature of the offence or vulnerability of victims.
    4. A precedent for public-demand cases: The Supreme Court directed the Centre to establish a special court for the 2G case to ensure a day-to-day trial, even amid public demand.
    5. NEET’s uncertain path: It remains to be seen whether the NEET case, being heard in a Delhi court, will be sent to a special court by the government or through a court order.

    How quickly are Fast-Track Courts expected to dispose of cases?

    1. No statutory deadline: There is no fixed legal time limit for completing trials.
    2. Bharatiya Nagrik Suraksha Sanhita (BNSS) recommended timelines: Recommends completing criminal trials within two years and sexual offence trials within two months.
    3. FTSC Performance Target: Each Fast-Track Special Court (FTSC) is expected to dispose of 41-42 cases per quarter or at least 165 cases annually.
    4. No judicially prescribed outer limit: In P. Rama Chandra Rao vs State of Karnataka (2002), a seven-judge Constitution Bench ruled it is “neither advisable or feasible, nor judicially permissible” to prescribe an outer limit for concluding all criminal proceedings.

    What do current Fast-Track Court statistics show?

    1. Current strength: As of January, 862 regular FTCs were functioning across 21 states and Union Territories, alongside 774 FTSCs, including 398 exclusive POCSO courts, across 29 states and UTs.
    2. Disposal rates: The disposal rate for special courts stands around 96%, with an FTSC disposing of about 9.5 cases a month compared with 3.3 cases by a regular trial court of similar jurisdiction.
    3. Persistent pendency: More than 2.4 lakh cases remained pending in FTSCs by the end of 2023.
    4. Government’s own explanation: A 2026 Lok Sabha reply from the Ministry of Law and Justice attributed disposal delays to factors including physical infrastructure availability, quality of investigation, and cooperation of the bar, investigation agencies and forensic support.

    Will Fast-Track Courts solve the paper leak problem?

    1. Poor Conviction Record: Out of 45 major exam paper leaks (2002-2025) involving at least one lakh candidates, only two cases resulted in convictions.
    2. Investigation is the Real Bottleneck: Weak investigations and the absence of stringent bail provisions remain the major challenges.
    3. Limited Impact: Experts argue that FTCs alone cannot solve issues such as judicial vacancies, heavy case pendency, and procedural delays.
    4. Mixed Performance: FTSCs have shown limited success in POCSO and Indian Penal Code (IPC) cases because of heavy caseloads, while performing relatively better in cases under the Prevention of Corruption Act, 1988.

    Conclusion

    Fast-track courts can expedite trials only within the constitutional limits set in Anwar Ali Sarkar case(1952) and cases must rest on a rational classification, not speed or public demand alone. Even then, the FTSC record shows disposal depends on infrastructure and investigative quality that a court’s “fast-track” label does not create. With 2.4 lakh cases still pending in FTSCs and only two convictions among 45 major exam leaks since 2002, the paper-leak Bill will resolve little unless it also addresses investigation quality and bail conditions.

    PYQ Relevance

    [UPSC 2024] What are the aims and objects of the recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act?

    Linkage: The PYQ examines the legal and institutional framework for ensuring the integrity of public examinations. The article builds directly on this theme by evaluating whether fast-track courts can effectively enforce accountability under the proposed paper-leak framework.

  • A Checklist for a New-Age Courtroom

    Why in the News:

    The Supreme Court released Draft Regulations on the Use of Artificial Intelligence (AI) in the Judiciary in June 2026 for public consultation. While the draft establishes several AI governance committees, it leaves key questions regarding institutional design, accountability, and AI standards unresolved before AI systems are deployed in courts.

    Why do successive waves of court technology each create new oversight committees, and why is that a concern?

    1. Committee proliferation: Every phase of judicial technology reform has created new committees. AI governance now proposes an Apex AI Body, five Standing Committees, High Court AI Committees, District AI Secretariats, and a Centre of Research and Excellence on AI (CoRE-AI).
    2. Fragmented accountability: AI applications such as case scheduling simultaneously involve case management, digital infrastructure, court administration, and AI governance. Multiple committees dilute ownership, coordination, and decision making.

    What institutional design would address this challenge, and what are the Indian precedents?

    1. Need for a permanent institution: Instead of creating separate committees for every technological innovation, the judiciary requires one permanent technology institution that integrates the functions of the existing e-Committee, AI governance, and future digital initiatives.
    2. Precedent – Tamil Nadu Medical Services Corporation (TNMSC): TNMSC institutionalised professional procurement of medicines, becoming a model adopted by several states.
    3. Precedent – Unique Identification Authority of India (UIDAI): UIDAI serves as a permanent institution responsible for developing and maintaining the Aadhaar ecosystem.
    4. Importance of permanence: Long term technology governance requires institutional continuity, technical expertise, and clear accountability, which rotating committees cannot consistently provide.

    Why should AI standard setting be separated from procurement?

    1. UPI model: The National Payments Corporation of India (NPCI) developed the Unified Payments Interface (UPI) standards, while private companies such as PhonePe and Google Pay built competing applications based on those standards.
    2. Role of CoRE-AI: The proposed Centre of Research and Excellence on AI (CoRE-AI) should function as a neutral standard setting body, without financial or commercial interests in selecting AI vendors.
    3. Separation of functions: A sound governance framework requires:
      • A permanent technical institution to develop AI standards.
      • A separate procurement authority to acquire AI systems.
      • A judicial oversight committee to approve AI applications for court use.

    What happens if AI standards remain undefined?

    1. Key unanswered questions: The draft regulations do not specify:
      • Explainability requirements for AI decisions.
      • Acceptable error rates for different judicial functions such as bail decisions versus case scheduling.
      • Standards governing training data, transparency, and validation.
    2. Risk of inconsistent implementation: Without common national standards, each of India’s 25 High Courts may independently determine what constitutes an acceptable AI system, resulting in uneven adoption and inconsistent judicial practices.
    3. Regulatory comparison: Just as pharmaceutical products must comply with uniform quality standards before approval, judicial AI requires national technical standards to ensure reliability, fairness, and public trust.

    Conclusion:

    The Supreme Court’s Draft AI Regulations represent an important step towards integrating Artificial Intelligence into India’s judicial system. However, effective implementation requires a permanent institutional framework, a clear separation between standard setting and procurement, and uniform national AI standards. Without these safeguards, differences in technical capacity across High Courts could result in unequal AI governance and inconsistent standards of justice, undermining the objective of technology enabled judicial reform.

  • Is Yashwant Varma still a judge?

    Why in the News?

    Parliament is set to take up, in the Monsoon Session, the report of the Judges (Inquiry) Act committee that investigated misbehaviour charges against former judge Yashwant Varma, who resigned in April 2026 after burnt currency notes were found at his residence. Three months later, he is still listed as a sitting judge by the Allahabad High Court and the Union Department of Justice, exposing a gap between judicial independence and judicial accountability.

    Why does the Constitution let judges resign without anyone’s acceptance?

    1. Resign at will power: Thirteen constitutional functionaries, including Supreme Court and High Court judges, may resign merely by writing to the specified authority, with no acceptance required.
    2. Contrast with legislators: Article 101(3)(b) and Article 190(3)(b) make resignation of MPs and MLAs subject to acceptance by the Speaker or Chairman, unlike judges.
    3. Judicial precedent: A five judge Constitution Bench in Union of India vs Gopal Chandra Misra (1978) unanimously held that a judge’s resignation takes effect ex proprio vigore, automatically, without needing acceptance.
    4. Purpose: The power shields judges from being coerced to continue in office, protecting judicial independence.
    5. Track record: At least 12 High Court judges have resigned since 2017, and one Supreme Court judge, Justice Dalveer Bhandari, resigned in 2012; these resignations were reportedly handled in compliance with the law.

    Is Varma still officially a judge on paper?

    1. Legal status: Varma ceased to be a judge on April 9, 2026, making any later listing of him as a sitting judge incorrect.
    2. Administrative lapse: The Allahabad High Court and the Department of Justice have continued to list him as a sitting judge for over three months.
    3. Bar record: His status at the Bar was reportedly changed to “active” and some dues and benefits as a sitting judge have reportedly stopped, showing the system elsewhere treats him as having exited office.
    4. Correction needed: It would be illegal for him to draw any salary or benefit as a sitting judge, and his name should be deleted from official lists.

    Does judicial accountability survive when the judge quits before removal?

    1. Statutory duty: The report concerns Varma’s conduct before resignation, so it must still be laid before both Houses and made public under the Judges (Inquiry) Act, 1968.
    2. Public interest: Citizens have a legitimate right to know whether the committee found proven misbehaviour against a judge of a constitutional court.
    3. If exonerated: If the report finds no misbehaviour, the matter ends there.
    4. If found guilty: The removal motion can no longer be moved because Varma no longer holds the office he would be removed from.
    5. Procedural gap: Under Section 6, the report is to be discussed together with the removal motion; since the motion lapses, the report itself cannot be discussed by Parliament under the Act.

    Can the resignation loophole be closed without amending the Constitution?

    1. Nature of the gap: Judges may resign at will before Parliament even takes up the removal motion, halting the entire accountability process.
    2. Preferred fix: The loophole should be closed through constitutional amendment, not executive or judicial reinterpretation.
    3. Design of fix: The amendment could make a judge’s resignation subject to acceptance during the pendency of removal proceedings.
    4. Who accepts: To protect judicial independence, that acceptance power should vest in the Chief Justice of India, not the President.
    5. Separate remedy for debate: If Parliament wants to discuss the report despite resignation, the 1968 Act itself would need to be amended to enable this.
    6. Rule of law caution: Interpreting constitutional or statutory silences to suit Parliament’s or the executive’s convenience would be against the rule of law.

    Conclusion:

    The resign at will power, designed to protect judicial independence, can be exploited to halt removal proceedings once they are underway, leaving accountability incomplete even when misconduct is established. Varma’s continued listing as a sitting judge is a correctable administrative error, but the deeper gap is structural: the Inquiry Committee report must still be tabled even though the removal motion has lapsed. Closing this requires a constitutional amendment vesting the CJI, not the President, with the power to accept a judge’s resignation while removal proceedings are pending

  • Can Courts Restrain a Film Cleared by the CBFC?

    Why in the News?

    The Supreme Court declined to permit the release of the CBFC-certified animated film Mahaprabhu Jagannath on its scheduled date, directing the producer to postpone release until after the Rath Yatra in Puri concludes, following an Orissa High Court stay over the film’s depiction of Lord Jagannath. The episode brings into focus the tension between the settled judicial position that certification by an expert statutory body carries a strong presumption of validity immune from apprehensions of public disorder, and the recurring judicial practice of restraining certified films precisely on such grounds.

    What triggered the dispute, and what exactly did the Supreme Court decide?

    1. Origin of the restraint: The Orissa High Court, on July 15, stayed the film’s release over concerns about its depiction of Lord Jagannath and the possible impact of screening it during the Rath Yatra.
    2. Nature of the Supreme Court’s order: The Court did not permit release on the original date. It also did not uphold an indefinite restraint. It directed postponement until after July 27, when the Rath Yatra concludes.
    3. Scope of challenge: The producer contested the High Court’s power to restrain a certified film, and the extent to which such restraint can rest on apprehensions of public disorder rather than an actual legal violation.
    4. High Court’s stated reasoning: The film’s depiction of Lord Jagannath’s childhood and adventures was held “not in tune with the religious texts,” and its release during the Rath Yatra was called “counterproductive.”
    5. Certification status of the film: The film held three separate ‘U’ (universal) certificates from the CBFC for its Hindi, Telugu, and Odia versions, dated May, June, and July respectively.
    6. Territorial overreach in the stay: The restraint stalled the certified Hindi and Telugu versions even in states “where no cause of action existed and no relief was ever sought.

    Why does CBFC certification carry a strong presumption of validity against restraint by apprehension of disorder?

    1. Petitioner’s core argument: Once an expert statutory body certifies a film for unrestricted public exhibition, there is a strong legal presumption of validity. Courts should not substitute their own view for the CBFC’s expert judgment based on unverified apprehensions.
    2. Union of India v K M Shankarappa (2000): The Supreme Court struck down a provision letting the government revise a tribunal’s decision on a certified film. It held that once an expert statutory body certifies a film, that decision cannot be revisited by the executive on the grounds of objections or apprehensions about public reaction.
    3. Allocation of responsibility for law and order: The Court in Shankarappa held that once an expert body clears a film, apprehension of a law-and-order situation is no excuse to restrain it. Maintaining law and order is the concerned state government’s responsibility, not a ground to withhold the certified film.
    4. S Rangarajan v P Jagjivan Ram (1989): The Supreme Court held that if a film is otherwise unobjectionable under Article 19(2), freedom of expression cannot be suppressed on account of threatened demonstrations, processions, or violence.
    5. The anti-heckler’s-veto principle: Yielding to such threats amounts to a “negation of the rule of law.” The state cannot plead inability to handle a hostile audience; it has an obligatory duty to prevent disruption and protect the freedom of expression. Heckler’s veto, suppression of lawful expression to avoid a violent or disruptive reaction from its opponents, rather than because the expression itself is unlawful.

    Does the outcome in this case match the doctrine it invokes, or does it concede ground to the apprehension the doctrine forbids?

    1. Re-adjudication of content already cleared: The High Court’s finding that the depiction was “not in tune with the religious texts” evaluates content on the same grounds the CBFC had already cleared, which the Shankarappa doctrine holds courts should not revisit.
    2. A calibrated restraint, not a vacated one: The Supreme Court did not fully restore the certified release. It replaced an indefinite block with a postponement timed to the Rath Yatra, a decision still shaped by public-sensitivity considerations rather than a finding of unlawful certification.
    3. Restraint exceeding the specific dispute: The stay affected certified versions in states where no cause of action existed and no relief was sought, extending the restraint beyond what the underlying grievance covered.
    4. Net effect on the doctrine: The anti-heckler’s-veto principle is reaffirmed in language but diluted in practice. This is because the timing of a certified film’s release is still being shaped by apprehension of disruption during a religious event.

    Is certification actually beyond interference, or does the law retain other levers over a cleared film?

    1. Certification is not immune from judicial scrutiny: Courts retain the power to examine whether certification was granted in accordance with law, including whether the CBFC relied on statutory grounds, issued reasons, or followed fair procedure.
    2. Deference is conditional: Where the CBFC acts within the framework of the Cinematograph Act, courts usually defer to it. This deference is tied to lawful process, not to certification as such.
    3. Executive power to suspend or revoke: Under the Cinematograph Act, the government may suspend or revoke a certification even after approval.
    4. Power to restrict without prior hearing: The government may, in some cases, temporarily restrict a certified film’s screening without a prior hearing.
    5. Enforcement mechanisms beyond certification: The Act allows criminal liability for violations, and authorities are empowered to enter theatres and seize materials.

    Conclusion

    The doctrine from Shankarappa and Rangarajan holds that CBFC certification is final, and that neither the executive nor the courts may let apprehension of public disorder override a cleared film’s freedom of expression. In practice, both the Orissa High Court’s stay and the Supreme Court’s own decision to postpone release until after the Rath Yatra show that religious and public-order sensitivities continue to shape when and how a certified film is actually screened. Certification functions as a strong but not absolute shield: courts retain review over the legality of the certification process. Also, the executive retains statutory power to suspend, revoke, or temporarily restrict a cleared film. The unresolved question is where deference to apprehension, which the doctrine forbids, ends and legitimate statutory or procedural oversight, which the doctrine permits, begins.

  • What is meant by trial in Absentia? 

    Why in the News?

    A Special NIA Court in Jammu issued a non-bailable warrant against Lashkar-e-Taiba chief Hafiz Saeed in the Pahalgam terror attack case, days after the NIA filed a supplementary chargesheet charging him under the Bharatiya Nyaya Sanhita (BNS), 2023 and the Unlawful Activities (Prevention) Act, 1967. Since Saeed is unlikely to appear before an Indian court, the NIA is expected to seek a trial in absentia under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

    What is trial in absentia, and why did the CrPC regime fail to deliver it?

    1. Definition: A trial in absentia is a criminal trial conducted without the physical presence of the accused, with the court proceeding to inquiry, trial, and judgment as if the accused were present.
    2. Section 356 mechanism: BNSS Section 356 permits a court to treat the absence of a proclaimed offender as a waiver of the right to be present, after recording reasons in writing, once there is no immediate prospect of arrest.
    3. CrPC’s partial provisions: Section 82(4) CrPC allowed proclamation and attachment of an absconding accused’s property. Section 317 CrPC allowed trial in absence only in specific cases. Section 299 CrPC allowed recording of evidence in absence where early arrest was not expected.
    4. Discretion without completion: CrPC provisions permitted in-absentia proceedings only when the accused’s personal attendance was unnecessary for justice, or when the accused persistently disrupted court proceedings. None allowed a full trial to conclude in the accused’s absence.
    5. Resulting backlog: Without a mechanism for full trial completion, cases against absconding accused remained pending for years until arrest. Prosecutorial closure and deterrence were both weakened.

    Whom does Section 356 apply to?

    1. Restricted scope: The provision does not apply to every absconding accused. It applies only to a person declared a “proclaimed offender” under Section 84 of the BNSS.
    2. Offence severity threshold: Under Section 84(4), a person can be declared a proclaimed offender only for offences punishable with imprisonment of 10 years or more, life imprisonment, or death.
    3. Declaration process: The court declares a person a proclaimed offender after such inquiry as it considers necessary, once the accused fails to appear at the specified place and time despite proclamation.
    4. Application to Saeed: Charges relating to waging war against India and cross-border conspiracy meet this severity threshold, making Saeed eligible for trial in absentia once declared a proclaimed offender.

    What procedural safeguards protect the accused’s right to a fair trial?

    1. Dual warrants: Two consecutive arrest warrants must be issued at an interval of at least 30 days before proceedings can commence.
    2. Public notice: A notice must be published in a local or national newspaper, giving the accused 30 days to appear before the court.
    3. Notice at residence: The notice must also be displayed at the accused’s last known residence, and a relative or friend must be informed of the trial.
    4. Cooling-off period: The trial cannot commence until 90 days have elapsed from the framing of charges, giving the accused time to appear.
    5. State-funded defence: If the absconding accused has no legal representation, the court must appoint a defence lawyer at the State’s expense.

    What happens if the absconding accused later appears or is apprehended?

    1. Provisional use of evidence: Statements of prosecution witnesses recorded before the trial’s commencement can be used as evidence against the absconding accused.
    2. Right to cross-examine: If the accused later appears or is apprehended, the court may permit cross-examination of witnesses in the interest of justice.
    3. Audiovisual preservation: Depositions and examination of witnesses are, as far as practicable, recorded through audiovisual electronic means.
    4. Purpose of preservation: Recordings are preserved to ensure transparency, accuracy, and integrity of the trial, and to enable review if the accused is later apprehended.

    Does trial in absentia resolve the problem of absconding offenders, or does it merely shift it elsewhere?

    1. Verdict without custody: A conviction in absentia establishes legal guilt but does not itself secure physical custody of an accused based abroad, as in Saeed’s case in Pakistan.
    2. Enforcement gap persists: Extradition or handover of a convicted proclaimed offender still depends on bilateral treaties and the host state’s cooperation, which a trial in absentia cannot compel.
    3. Symbolic versus substantive closure: The mechanism ends prosecutorial limbo and enables sentencing, but substantive closure for victims requires enforcement of the sentence, an outcome outside the court’s control.
    4. Fair trial versus finality: Section 356’s safeguards balance the accused’s Article 21 rights against the State’s interest in finality. The accused’s inability to personally instruct defence counsel or contest evidence in real time remains an inherent limitation of any in-absentia trial.

    Conclusion

    Section 356 of the BNSS fills a long-standing gap in India’s criminal law by allowing a full trial in absentia for proclaimed offenders in serious offences. Unlike the CrPC, which allowed only limited in-absentia proceedings, it prevents cases from remaining pending indefinitely. The provision balances this expanded power with layered safeguards, dual warrants, public notice, a waiting period, state-funded defence, and post-apprehension cross-examination rights, to protect the accused’s fair trial rights. However, a conviction in absentia only delivers a judicial verdict; it does not solve the challenge of bringing back an accused protected by a non-cooperating foreign state.