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GS Paper: GS2

  • Overseas Citizenship of India (OCI)

    Why in the News?

    The Overseas Citizenship of India (OCI) status of a notable British-Indian academic has been cancelled due to involvement in anti-India activities.

    About Overseas Citizenship of India (OCI):

    • Launch: Introduced in August 2005 to give Persons of Indian Origin (PIOs) a long-term connection to India.
    • Eligibility: Open to those who were citizens of India on/after January 26, 1950, or eligible for Indian citizenship on that date.
    • Nature: OCI is not full citizenship but offers lifelong visa and residency benefits.
    • Benefits: Includes a multiple-entry, lifelong visa and exemption from police registration.
    • Administered by: Ministry of Home Affairs (MHA).
    • Global Numbers (2023): Over 45 lakh OCI holders from 129 countries — top sources include the USA (16.8 lakh), UK (9.34 lakh), Australia (4.94 lakh), and Canada (4.18 lakh).

    Who are the Persons of Indian Origin (PIOs)?

    • The PIO category was abolished in 2015 and merged with the OCI category. However, existing PIO cards are valid till December 31, 2023.
    • PIO referred to a:
      • Foreign citizen (except a national of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) who at any time held an Indian passport, or
      • Who or either of their parents/ grandparents/great grandparents was born and permanently resided in India as defined in Government of India Act, 1935, or
      • Who is a spouse of a citizen of India or a PIO.

    Rules, Amendments & Privileges:

    • 2021 Rule Change: Special permission required for visiting restricted areas, conducting research, journalism, or religious work.
    • FEMA Status: Treated as foreign nationals under the Foreign Exchange Management Act (2003).
    • Earlier Privileges:
      • 2005: Life-long visa, no FRRO (Foreigners Registration Office) registration
      • 2007: Parity with NRIs for adoption, domestic airfare
      • 2009: Parity for monument entry and access to regulated professions

    Limitations and Ineligibility:

    • Not Eligible:
      • Individuals with parents/grandparents from Pakistan or Bangladesh
      • Foreign military personnel, active or retired
    • Spouse Clause: Foreign spouse eligible if legally married for at least two years.
    • No Political Rights: OCI holders cannot vote, contest elections, hold constitutional posts (President, Vice President, or Supreme Court/High Court Judge), or work in Indian government services.
    [UPSC 2021] Consider the following statements:

    1.There is only one citizenship and one domicile.

    2.A citizen by birth only can become the Head of State.

    3.A foreigner, once granted citizenship, cannot be deprived of it under any circumstances.

    Which of the statements given above is/are correct?

    Options: (a) 1 only * (b) 2 only (c) 1 and 3 (d) 2 and 3

     

  • [19th May 2025] The Hindu Op-ed: What is a Presidential reference?

    PYQ Relevance:

    [UPSC 2017] Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

    Linkage: NJAC Act was struck down (the Collegium system) had its detailed guidelines laid down by the Supreme Court in the Third Judges case, which itself was a Presidential reference made under Article 143. Therefore, understanding the advisory jurisdiction under Article 143 and its outcome in the Third Judges case is essential background for critically examining the NJAC judgment.

     

    Mentor’s Comment: The Supreme Court recently set time limits for Governors to decide on state bills, so they can’t delay action forever—a practice often called a “Pocket Veto.” The Court said Governors must act within one or three months, based on the case. This raised doubts about the Court’s powers under Article 142, so President Murmu asked for its advice under Article 143. 

    Today’s editorial talks about Article 143 of the Constitution, where the President has asked the Supreme Court for its opinion on the powers and responsibilities of the President and Governors. This topic is useful for GS Paper II (Indian Polity) in the UPSC Mains exam.

    _

    Let’s learn!

    Why in the News?

    President Droupadi Murmu has used Article 143 of the Constitution to ask the Supreme Court for its opinion on some important questions about the powers and duties of the President and Governors, especially related to how and when they should act on state bills.

    What are the provisions?

    • Article 143(1): The President may refer any matter to the Supreme Court for its opinion. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president.
    • Article 143(2): Allows the President to refer disputes arising from pre-Constitution agreements, including state-related matters, for the Supreme Court’s opinion. The Supreme Court must tender its opinion to the President. The Supreme Court’s opinion is advisory—not binding or precedent-setting—but carries strong persuasive value.
    • Article 145: Such references must be heard by a bench of at least five judges.

    Note: The President makes these references based on the Cabinet’s advice. 

    What is the historical context?

    The advisory jurisdiction of India’s Supreme Court under Article 143 originates from the Government of India Act, 1935, which gave the Governor-General the power to refer important legal questions to the federal court for opinion.

    What were past instances?

    • Delhi Laws Act Case (1951): Clarified the scope of delegated legislation by the legislature to the executive.
    • Kerala Education Bill (1958): Interpreted the balance between Fundamental Rights and Directive Principles, especially regarding minority education rights under Article 30.
    • Berubari Union Case (1960): Held that ceding Indian territory to another country requires a constitutional amendment under Article 368.
    • Special Courts Bill (1978): Stated that references must be specific and that the Court may decline to answer vague or political questions.
    • Third Judges Case (1998): Laid down detailed guidelines for the appointment of judges and established the collegium system.

    What is the significance of Article 143 and its colonial legacy?

    • Provides Advisory Role to the Executive: Allows the President to seek the Supreme Court’s opinion on complex legal or constitutional issues, helping the executive navigate difficult questions. Eg: President referred the question on delegated legislation in the Delhi Laws Act case (1951).
    • Ensures Constitutional Clarity: Helps resolve ambiguities or uncertainties in law, thus guiding governance and preventing conflicts. Eg: The Berubari case (1960) clarified constitutional procedures for ceding Indian territory.
    • Maintains Separation of Powers: The advisory nature avoids direct judicial interference in executive functions while still providing legal guidance. Eg: The Supreme Court may decline vague or political questions, as in the Special Courts Bill reference (1978).

    What key issues are raised in the latest Article 143 reference?

    • Judicial Review of Executive Discretion: The reference questions whether the judiciary can review the discretionary powers of the President and Governors, particularly regarding the assent to bills under Articles 200 and 201.
    • Imposition of Timelines on Constitutional Authorities: It seeks clarity on whether the Supreme Court can prescribe timelines for the President and Governors to act on bills, given that the Constitution does not specify such timeframes.
    • Concept of ‘Deemed Assent’: The reference challenges the Supreme Court’s introduction of the ‘deemed assent’ concept, questioning its compatibility with the constitutional framework.
    • Scope of Article 142 Powers:  Article 142 gives the Supreme Court power to pass orders to do “complete justice”, but it must be within constitutional bounds.  In the present reference questions whether this provision allows the Court to create new rules not found in the Constitution.
    • Justiciability of Executive Actions Pre-Legislation: The reference probes whether actions of the President and Governors concerning bills can be subjected to judicial review before the bills become law.
    • Impacts Federalism and Democratic Functioning: The Supreme Court’s opinion will influence the Centre-State power dynamics and safeguard democratic processes. Eg: The Cauvery dispute advisory opinion (1992) that reinforced limits on the Court’s advisory role to respect federalism.

    How does India’s advisory jurisdiction compare globally?

    India Canada United States
    Origin / Legacy Inherited from Government of India Act, 1935 Similar colonial legacy No advisory jurisdiction
    Nature of Opinion Non-binding but persuasive Non-binding but persuasive No advisory opinions given
    Who Can Refer President on Union Council of Ministers’ advice Federal and provincial governments Not applicable
    Judicial Approach Supreme Court may decline to give opinion Supreme Court provides opinions on request Strict separation of powers, no advisory role
    Example (Eg) Article 143 references (e.g., Berubari case) Reference re Secession of Quebec (1998) – clarified constitutional secession rules In Muskrat v. United States (1911), the Supreme Court rejected advisory jurisdiction

    Way forward: 

    • Clarify Constitutional Timelines: Amend or clarify constitutional provisions to explicitly define timelines for presidential and gubernatorial actions on bills, reducing ambiguities and potential conflicts.
    • Strengthen Centre-State Dialogue: Promote cooperative federalism through regular dialogue and dispute resolution mechanisms to prevent politicization of constitutional functions and ensure smooth governance.

  • Why Northeast-Kolkata link via Myanmar — not Bangladesh — is significant

    Why in the News?

    Recently, the Ministry of Road Transport and Highways (MoRTH) has approved a 166.8-km four-lane highway from Shillong to Silchar. This highway will later be extended to Zorinpui in Mizoram and will link the Kaladan Multi-Modal Transit Transport Project (KMMTTP) with a fast road network running through the center of Northeast India.

    What is the Kaladan project’s role in Northeast India’s connectivity?

    • The Kaladan Multi-Modal Transit Transport Project (KMMTTP) offers a strategic alternative to the narrow and vulnerable Siliguri Corridor (“Chicken’s Neck”), currently the only land route connecting the Northeast to the rest of India. Eg: Direct Kolkata–Mizoram route via Myanmar.
    • The project significantly shortens the transport distance (by around 1,000 km) and time (3–4 days), facilitating faster movement of goods and people, and promoting trade and investment in the resource-rich but infrastructure-poor Northeast.  

    Why have India-Bangladesh ties worsened recently?

    • Political Shift and Leadership Change: The ousting of pro-India Prime Minister Sheikh Hasina in August 2024 disrupted longstanding bilateral ties. Her party, the Awami League, was subsequently banned by the interim government led by Muhammad Yunus, raising concerns in India about democratic processes and political inclusivity.
    • Strained Diplomatic Exchanges: Interim leader Muhammad Yunus made statements perceived as antagonistic by India, such as referring to Northeast India as “landlocked” and suggesting Bangladesh as the “only guardian of the ocean.” These remarks, especially during his visit to China, were viewed by India as a shift towards a more China-aligned stance, causing diplomatic unease.
    • Trade Restrictions and Economic Tensions: In response to Bangladesh’s interim government’s approach, India imposed restrictions on Bangladeshi exports to its Northeast region.

    Why has the Kaladan project been delayed?

    • Security Concerns: Ongoing civil unrest in Myanmar, especially in Rakhine State, has disrupted construction and posed risks to workers. Eg: In 2024, the Arakan Army seized Paletwa, making the area unsafe for project activities.
    • Incomplete Infrastructure: Critical segments of the project, especially the road link from Paletwa to Zorinpui, remain unfinished. Eg: The 109 km road stretch needed to connect the waterway to the Indian border is still under construction.
    • Operational Hurdles: Difficult terrain, weak contractor coordination, and reliance on local sub-contracting have caused delays. Eg: Despite awarding the contract to IRCON in 2022, progress has been slow due to logistical difficulties.

    How does the new Shillong-Silchar-Zorinpui highway enhance the connectivity of the Kaladan project?

    • Strategic Redundancy: The highway provides an alternative route to the vulnerable Siliguri Corridor, ensuring uninterrupted access to the Northeast. Eg: In response to Bangladesh’s “landlocked” remark, India approved the ₹22,864 crore Shillong–Silchar highway to bypass Bangladesh.
    • Integrated Multi-Modal Link: It seamlessly connects to the Kaladan Multi-Modal Transit Transport Project, facilitating efficient cargo movement between Kolkata and the Northeast. Eg: The Shillong–Silchar highway acts as a continuation of the Kaladan project, linking the Northeast to Kolkata via Myanmar.
    • Economic Development: Enhanced connectivity boosts trade, tourism, and economic activities in the Northeast region. Eg: The new corridor is expected to spur economic development by improving road connectivity and reducing travel time.
    • Reduced Transit Time: The highway shortens travel time between key cities, facilitating faster movement of goods and people. Eg: The 166.8 km highway will cut travel time between Shillong and Silchar from 8.5 hours to 5 hours.

    Way forward: 

    • Strengthen Security and Coordination: Enhance cooperation with Myanmar and local stakeholders to ensure safe and timely completion of the Kaladan project’s remaining sections, addressing security challenges in Rakhine State.
    • Expand Infrastructure Integration: Accelerate development of connecting highways and transport networks in Northeast India to fully leverage the Kaladan corridor for economic growth and strategic resilience.

    Mains PYQ:

    [UPSC 2013] The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India?

    Linkage: The political and social changes happening inside Bangladesh are important for India to understand, because they can affect India’s security and ties with its neighbour. Recently, Bangladesh’s  sentiments (like cut the “Chicken’s Neck” of India) have raised concerns for India, especially around the narrow “Chicken’s Neck” – the only land link between mainland India and the Northeast. That’s why the Kaladan project is very important. It will give the Northeast a direct link to the Bay of Bengal, reducing dependence on Bangladesh.

  • Madras HC judge picks: 88% not from general category

    Why in the News?

    During the tenure of Chief Justices D.Y. Chandrachud and Sanjiv Khanna, authorities appointed 15 out of 17 judges to the Madras High Court from BC, OBC, MBC, SC, or ST communities.

    Why is BC/OBC/SC/ST representation highest in Madras High Court?

    • Strong Social Justice Framework in Tamil Nadu: Tamil Nadu has a long history of affirmative action and reservation policies aimed at uplifting Backward Classes (BC), Other Backward Classes (OBC), Most Backward Classes (MBC), Scheduled Castes (SC), and Scheduled Tribes (ST), which creates a larger pool of eligible candidates from these communities.
    • Better Educational Access and Mobility: The state contributes disproportionately to the OBC population in higher education—while Tamil Nadu has about 10% of India’s OBC population, it accounts for 13% of OBCs enrolled in higher education nationally. This leads to higher qualifications among BC/OBC candidates, increasing their chances of judicial appointments.
    • Collegium Appointments Reflect State Demographics: The Supreme Court Collegium, while selecting judges, considers inputs from the state, and the Madras High Court appointments reflect this social reality, with 88.2% of recent appointees belonging to BC/OBC/MBC/SC/ST groups, the highest among all High Courts.

    Why do Southern High Courts have more non-general category judges?

    • Higher Social Mobility and Educational Access: Southern States like Tamil Nadu have better upward social mobility for BC/OBC groups, reflected in higher enrollment rates in higher education. Eg, Tamil Nadu has about 10% of India’s OBC population but accounts for 13% of OBCs in higher education nationally, which leads to greater representation in judicial appointments.
    • Regional Political and Social Dynamics: Southern States often have political environments and social policies that encourage inclusion of non-general categories in key positions. Eg, Madras High Court had 88.2% of appointees from BC/OBC/SC/ST groups, the highest share among all High Courts.

    What role do Chief Ministers and State Intelligence play in appointments?

    • Chief Ministers’ Opinions Are Considered: The Supreme Court Collegium takes into account the views of Chief Ministers during the appointment process, which can subtly influence the selection of judges. Eg, this influence might explain variations in representation across States, though the exact extent of their impact is unclear.
    • State Intelligence Inputs Are Used: The Collegium also reviews inputs from the State Intelligence Branch to assess candidates’ suitability and background. Eg, such inputs could affect appointments in States like Rajasthan, where political and security considerations might play a role.

    How does BC social mobility affect judicial representation?

    • Women from Non-General Categories Are Represented but in Small Numbers: Out of 34 women appointed, several belonged to BC, OBC, MBC, SC, or ST communities, showing some diversity in gender and social groups. Eg, at the Madras High Court, 5 women were appointed, including one from BC, one from MBC, and three from OBC categories.
    • Other High Courts Also Appoint Women from Non-General Categories: States like Telangana, Kerala, Andhra Pradesh, Rajasthan, Guwahati, and Manipur have women appointees from various non-general groups, reflecting broader inclusivity. Eg, Telangana appointed women from BC and OBC categories, while Manipur had a woman appointee from the ST category.

    Way forward: 

    • Institutionalize Diversity Criteria in Appointments: Formal guidelines should be introduced to ensure fair representation of BC/OBC/SC/ST and women in judicial appointments across all High Courts.
    • Strengthen Educational and Legal Training Access: Expand scholarships, coaching, and mentorship programs for underrepresented communities to build a larger pool of eligible candidates for the judiciary.

    Mains PYQ:

    [UPSC 2021]  Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

    Linkage: While the article focuses on social categories (caste/class), the underlying theme of ensuring diversity and representation in the judiciary is common. The article also provides data on women appointees, including their social categories in Madras HC.

  • [17th May 2025] The Hindu Op-ed: The ingredient to turn around nutrition outcomes

    PYQ Relevance:

    [UPSC 2024] Distinguish between gender equality, gender equity and women’s empowerment. Why is it important to take gender concerns into account in programme design and implementation?

    Linkage: Gender concerns are important in programme design, aligning with the article’s argument that nutrition programmes like POSHAN have limited impact.

     

    Mentor’s Comment: India’s free foodgrain programme, which supports 800 million people, shows a harsh truth: hunger and malnutrition are still big problems. In this fight against malnutrition, women and girls are often ignored. Even though the economy is growing and many welfare schemes exist, nutrition is still very unequal, especially for women. The government started the POSHAN Abhiyaan in 2018 to make India free of malnutrition by 2022. This scheme focuses on improving nutrition for pregnant women, new mothers, teenage girls, and young children. But, big differences in nutrition levels still remain.

    Today’s editorial discusses malnutrition among women and girls in India, despite government efforts like the POSHAN Abhiyaan. This topic is useful for GS Paper I (Women-related Issues) and GS Paper II (Welfare State).

    _

    Let’s learn!

    Why in the News?

    The government launched the POSHAN Abhiyaan to end malnutrition by 2022, but it has not achieved its goals.

    How does malnutrition in India remain deeply gendered?

    • Stark Anaemia Disparity: NFHS-5 reports 57% of women aged 15–49 are anaemic compared to 26% of men, highlighting deep nutritional inequality.
    • Underweight Burden: Nearly 1 in 5 women is underweight, a sharp contrast to men and a sign of chronic deprivation.
    • Entrenched Norms: In poorer households, women eat last and least, reinforcing invisible cultural biases that deny them basic nutritional rights.
    • Economic Disempowerment: 49% of women lack control over their own earnings, which translates into less dietary agency and poor health outcomes.
    • Nutrition as Justice: Malnutrition is framed not just as a health issue, but a social justice issue driven by patriarchal household structures.

    Why has POSHAN 2.0 failed to improve women’s nutrition significantly?

    • Underutilization of Allocated Funds: Despite a large budget, only about 69% of funds were used by December 2022, limiting the programme’s reach and effectiveness. Eg: ₹24,000 crore allocated in 2022-23, but nearly one-third remained unspent.
    • Rising Anaemia Rates Despite Investments: Anaemia prevalence among women increased from 53% to 57%between NFHS-4 and NFHS-5, showing no significant improvement. Eg: NFHS-5 data shows anaemia rates rose even after POSHAN 2.0’s interventions.
    • Focus on Awareness Over Actual Nutrition: The programme has raised awareness (Jan Andolan) but awareness alone cannot address the root causes of malnutrition such as poverty and food scarcity.
    • Ignoring Social and Economic Barriers: POSHAN 2.0 largely addresses food supply and supplementation but does not sufficiently tackle women’s economic dependence and decision-making power. Eg: 49% of women lack control over how their income is spent, limiting their ability to benefit from nutrition programmes.

    How does women’s empowerment impact nutritional outcomes?

    • Improved Spending on Nutrition: When women control income, they prioritize food and health for themselves and their families, leading to better nutrition. Eg: Nobel laureate Esther Duflo found that women’s control over extra income increases spending on children’s nutrition.
    • Greater Decision-Making Power: Empowered women can make choices about their diet, healthcare, and food allocation, reducing malnutrition risks. Eg: NFHS-5 showed that women with decision-making power over finances had better nutritional status.
    • Increased Access to Employment and Income: Economic empowerment through stable jobs helps women afford nutritious food and healthcare. Eg: Women with even modest independent income were found less likely to be undernourished in low-income communities.
    • Enhanced Health Awareness and Education: Empowered women tend to have better knowledge of nutrition and health practices, improving family nutrition. Eg: Women participating in financial literacy and health workshops show better child feeding practices.
    • Reduced Gender-Based Nutritional Inequality: Empowerment challenges social norms that deprioritize women’s nutrition, leading to more equitable food distribution. Eg: Households where women contribute economically often have less gender disparity in food consumption.

    How can inter-scheme convergence tackle gendered malnutrition?

    Note: Inter-scheme convergence is the coordinated collaboration of multiple government programmes across sectors.
    • Integrated Service Delivery: Combining nutrition, health, and livelihood schemes ensures women receive comprehensive support addressing multiple malnutrition causes. Eg: Anganwadi centres providing food supplements along with skill training and job linkages.
    • Efficient Resource Utilization: Coordination between departments reduces duplication and optimizes use of funds for women’s nutrition and empowerment. Eg: Joint budgeting for POSHAN Abhiyaan and women’s employment schemes leads to better fund utilization.
    • Holistic Empowerment of Women: Linking nutrition programmes with economic and social empowerment schemes increases women’s ability to accessand afford nutritious food. Eg: Combining POSHAN 2.0 with financial literacy and credit schemes for women.
    • Targeted Interventions in High-Risk Areas: Collaborative planning allows focused efforts in districts with severe malnutrition, addressing structural and social barriers. Eg: Health, nutrition, and livelihood departments working together in tribal districts to improve women’s nutrition.
    • Multi-dimensional Monitoring and Evaluation: Integrated monitoring tracks progress on nutrition and women’s empowerment indicators simultaneously, improving accountability. Eg: Measuring both reduction in anaemia and increase in women’s decision-making power under joint schemes.

    What steps can make women active agents in nutrition programmes? (Way forward)

    • Enhance Economic Empowerment: Provide women with access to skill training, income opportunities, and financial literacy so they can afford nutritious food and make independent decisions. Eg: Linking Anganwadi centres with local skill development and credit schemes for women.
    • Increase Decision-Making Power: Promote women’s participation in household and community decisions related to health, diet, and resource allocation. Eg: Community meetings where women lead discussions on nutrition and health interventions.
    • Strengthen Awareness and Capacity Building: Use nutrition programmes to conduct health education, nutritional counselling, and leadership training, empowering women as knowledge bearers and change-makers. Eg: Financial literacy workshops and health awareness sessions at POSHAN Abhiyaan centres.

  • Permanent Lok Adalats 

    Why in the News?

    Permanent Lok Adalats in as many as 16 districts of Rajasthan have ceased functioning owing to the non-extension of tenure of their presiding officers and members.

    About Permanent Lok Adalats (PLAs) 

    • Legal Basis: PLAs are statutory bodies established under Section 22-B of the Legal Services Authorities Act, 1987.
    • Establishment: They were introduced in 2002 to offer speedy and affordable dispute resolution for public utility services.
    • Disputes Handled: PLAs resolve issues related to transport (air, road, water), postal, telecom, electricity, water supply, sanitation, healthcare, and insurance.
    • Composition: Each PLA has a Chairman (a current or retired District Judge or higher) and 2 members with experience in the relevant public utility sectors.
    • Functioning: Unlike regular Lok Adalats, PLAs operate on a continuous basis and are always available for dispute resolution.
    • Jurisdiction Limit: They can hear cases involving claims up to ₹1 crore but cannot take up non-compoundable criminal cases.
    • Unique Power: If conciliation fails, the PLA has the authority to adjudicate the dispute and issue a final and BINDING award, just like a civil court.

    Back2Basics: Lok Adalats vs Permanent Lok Adalats

    Lok Adalats Permanent Lok Adalats 
    Nature Ad hoc, held occasionally Permanent, functional continuously
    Jurisdiction Broad (civil, compoundable criminal, family, etc.) Limited to public utility service disputes
    Dispute Stage Usually post-litigation Pre-litigation stage only
    Panel Composition Judicial officers, lawyers, social workers Chairman (Judge) + 2 experts in utility services
    Conciliation Role Only conciliatory; no decision if no settlement Can adjudicate if no settlement is reached
    Decision Binding only if parties agree Award is final and binding, with no appeal
    Legal Status Decree of a civil court Also a civil court decree, but with adjudication power
    Appeal Provision No appeal, but fresh suit possible No appeal, but constitutional remedies may apply

     

    [UPSC 2009] With reference to Lok Adalats, consider the following statements:

    1. An award made by a Lok Adalat is deemed to be a degree of a civil court and no appeal lies against thereto before any court.

    2. Matrimonial/Family disputes are not covered under Lok Adalat.

    Which of the statements given above is/are correct?

    Options: (a) 1 only * (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

     

  • Drinking to death: On illicit liquor cases

    Why in the News?

    Recently, in Majitha, Amritsar district of Punjab, 21 people aged between 26 and 80 died and 10 others were critically hospitalised after allegedly drinking spurious liquor.

    Note: Hooch tragedies refer to incidents where people die or fall seriously ill after consuming illicit or spurious liquor.

    What systemic issues contribute to recurring hooch tragedies in India?

    • Poverty and Social Vulnerability: Poor, daily wage earners often turn to cheap illicit liquor as a coping mechanism. Eg: Victims in the 2023 Punjab hooch tragedy were mostly from low-income backgrounds.
    • Easy Availability and Misuse of Methanol: Methanol, an industrial chemical, is cheap, easily pilfered, and often used in spurious liquor despite being highly toxic. Eg: Bootleggers dilute methanol to create hooch, as seen in several mass poisoning incidents.
    • Weak Regulatory Oversight and State Capacity: Lax control over methanol transport and lack of inter-state coordination enable theft and illegal use. Eg: No central framework exists to monitor methanol movement, despite repeated incidents.
    • Corruption and Nexus Among Stakeholders: A deep-rooted nexus between bootleggers, local politicians, and police often shields the culprits. Eg: In many hooch cases, police are suspended post-tragedy, but no long-term accountability follows.
    • Ineffective Legal Enforcement: Laws like the Poison Act are rarely used, and convictions are rare due to weak evidence or delayed trials. Eg: In the 2015 Malvani case, only 4 out of 14 accused were convicted after 9 years.

    Who is primarily accountable for spurious liquor deaths?

    • Bootleggers and Illicit Manufacturers: They produce and distribute toxic brews, often using dangerous chemicals like methanol for profit. Eg: In the 2023 Punjab hooch case, bootleggers used methanol-laced liquor that killed at least 23 people.
    • Corrupt Law Enforcement Agencies: Police often ignore illegal activities due to bribes or political pressure, enabling the supply chain to flourish. Eg: After the Punjab incident, several police officers were suspended for negligence.
    • Regulatory Authorities and State Governments: Weak oversight of methanol distribution, lack of tracking mechanisms, and poor implementation of prohibition laws lead to repeated failures. Eg: States lack robust frameworks to monitor industrial alcohol movement, allowing diversion.
    • Local Politicians and Political Nexus: Some politicians support or protect bootleggers for electoral or financial gains, compromising public safety.

    What are the legislations to regulate spurious liquor or illicit alcohol in India? 

    • The Poisons Act, 1919: Regulates the manufacture, possession, sale, and transport of poisonous substances like methanol, which is often diverted to make illicit liquor. Eg: Methanol is classified as a Class B poison under this Act, but its diversion is a key issue in hooch tragedies.
    • The Essential Commodities Act, 1955: Controls the production and distribution of essential goods, including alcohol ingredients, to prevent hoarding and illegal diversion. Eg: Used to regulate methanol supply and prevent pilferage that fuels illicit liquor trade.

    Why has the legal framework failed to ensure convictions in illicit liquor cases?

    • Weak Application of Existing Laws: Cases are often booked under prohibition laws or general criminal provisions, but not under stronger laws like the Poison Act or organized crime statutes, leading to weaker prosecution. Eg: In the 2015 Malvani hooch tragedy (Mumbai), 105 people died, but the court acquitted 10 out of 14 accusedafter 9 years; none was convicted under the Poison Act.
    • Poor Evidence Collection and Investigation: Police often fail to collect scientific and documentary evidence, link the entire supply chain, or prove intent and causation beyond reasonable doubt. Eg: In multiple cases, including the 2023 Bihar hooch incident, forensic reports were delayed or inconclusive, weakening the case in court.
    • Lack of Inter-State Regulatory Mechanism for Methanol: Methanol, used industrially, is not illegal in itself. Without a centralised tracking system, tracing its diversion becomes difficult, weakening the case against suppliers. Eg: Bootleggers source methanol from authorised dealers across states, making it hard to fix legal liability on any single actor.

    What policy measures can prevent methanol diversion into the illicit liquor trade? (Way forward)

    • Centralised Methanol Monitoring Framework: Establish a nationwide tracking system for methanol production, transport, and sale using barcoding or GPS tracking. Eg: Like the track-and-trace system for pharmaceutical drugs, methanol consignments can be monitored to prevent theft or leakage.
    • Tighter Regulation and Licensing of Dealers: Enforce strict licensing norms for methanol dealers with regular audits and surprise inspections; cancel licences for non-compliance. Eg: Some states classify methanol as a Class B poison and regulate it under the Poison Act.
    • Criminal Liability for Supply Chain Negligence: Amend laws to hold manufacturers and transporters accountable for diversion due to negligence or collusion, with higher penalties and jail terms. Eg: In the Punjab hooch tragedy (2020), weak action against upstream suppliers limited accountability—stronger legal deterrents can close such gaps.

    Mains PYQ:

    [UPSC 2024] Explain how narco-terrorism has emerged as a serious threat across the country. Suggest suitable measures to counter narco- terrorism.

    Linkage: Criminal activities linked to trafficking dangerous substances for profit and the security threats they pose, similar in nature to the illicit methanol trade described in the article.

  • Terror, treaties, and civilisations: Indus through the centuries

    Why in the News?

    On April 22, a terrorist attack in Pahalgam, Kashmir, killed 26 civilians. In response, the Indian government took several diplomatic steps, including suspending the Indus Waters Treaty (IWT).

    Why is the Indus Waters Treaty crucial for India-Pakistan ties?

    • Framework for Water Sharing: The IWT provides a clear, legally binding agreement on how the Indus River and its tributaries are shared, reducing the risk of water conflicts between India and Pakistan. Eg: India controls the eastern rivers (Ravi, Beas, Sutlej), while Pakistan manages the western rivers (Indus, Jhelum, Chenab), helping avoid disputes over water access.
    • Endurance Amid Political Tensions: Despite wars and terrorist attacks (e.g., 2008 Mumbai attacks, 2019 Pulwama attack), the treaty has endured for over six decades, maintaining a vital channel of cooperation between two hostile neighbors. Eg: Even after the 2019 Pulwama terror attack, the treaty remained a key framework for managing shared water resources.
    • Diplomatic Leverage and Stability: The treaty serves as a strategic tool in diplomatic relations, with India occasionally using it as leverage while ensuring continued water flow, preventing escalation into broader conflict. Eg: After the 2023 Pahalgam attack, India announced suspension of some treaty provisions as a diplomatic response.

    How does climate change affect the Indus Basin?

    • Glacial Melt and Water Flow Variability: The Indus Basin depends heavily on glacier-fed rivers, with about 80% of water coming from glacial melt. Climate change accelerates glacier melting, causing short-term floods and long-term water shortages during dry seasons.
    • Rising Water Demand and Scarcity: Growing population and agricultural needs increase pressure on limited water resources, worsening water scarcity in the basin, especially in Pakistan, where water availability has dropped below critical levels. Eg: Irrigation losses in Pakistan exceed 50% in some areas, threatening food security.
    • Impact on Agriculture and Livelihoods: Reduced and unpredictable water flow due to climate change affects crop yields and fisheries, destabilizing rural economies dependent on the Indus Basin.

    How did colonial irrigation projects influence post-independence water disputes?

    • Extensive Canal Systems Built by British: The British developed large canal networks for irrigation, creating shared water infrastructure across regions. Eg: The 1915 Triple Canal Project linked major tributaries, affecting river flows between future India and Pakistan.
    • Altered Natural River Flow: British dams and barrages controlled floods and irrigation but changed river courses, leading to downstream access issues. Eg: Barrages on the Indus and its tributaries shifted water availability patterns.
    • No Formal Water Sharing Post-Partition: At independence, India and Pakistan inherited interconnected irrigation but lacked agreements on water distribution. Eg: This led to conflicts over the use of eastern and western rivers after 1947.
    • Regional Water Imbalances: Colonial irrigation prioritized certain areas, creating uneven water distribution that fueled disputes. Eg: Punjab’s canal systems served both countries but became points of contention.

    What lessons can India draw from other river treaties? (Way forward)

    • Promote Cooperative Water Management: Successful treaties often emphasize joint management and data sharing to build trust and avoid conflicts. Eg: The Mekong River Commission involves multiple countries collaborating on water usage and flood control.
    • Include Climate Change Adaptation: Modern treaties factor in environmental changes and sustainable usage to address future water challenges. Eg: The Nile Basin Initiative incorporates climate resilience strategies for water-sharing among East African nations.
    • Establish Dispute Resolution Mechanisms: Effective treaties have clear, impartial conflict resolution processes to handle disagreements peacefully. Eg: The Danube River Protection Convention includes mechanisms for arbitration and mediation among European countries.

    Mains PYQ:

    [UPSC 2020] In what way have the science-based technologies triggered off striking changes in agriculture?

    Linkage: Genome editing is a science-based technology that represents a significant advancement capable of triggering changes in agriculture by developing improved crop varieties.

  • [16th May 2025] The Hindu Op-ed: Does Article 21 include right to digital access?

    PYQ Relevance:

    [UPSC 2022] The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment.

    Linkage: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

     

    Mentor’s Comment: On 30 April, 2025, the Supreme Court’s directive to revise digital KYC norms to ensure accessibility for persons with disabilities (PwDs), recognizing digital access as a fundamental right under Article 21. It highlights legal safeguards like the RPwD Act 2016, challenges faced by PwDs in current KYC processes, and the Court’s emphasis on inclusive, accessible digital infrastructure for marginalized groups.

    Today’s editorial discusses the Supreme Court’s order to update digital KYC rules to make them accessible for persons with disabilities (PwDs). This topic is useful for GS Paper II (covering governance, the Supreme Court’s role, and issues related to vulnerable groups like PwDs).

    _

    Let’s learn!

    Why in the News?

    Recently, ​​the Supreme Court of India directed the revision of digital Know Your Customer (KYC) norms to ensure they are accessible to persons with disabilities (PwDs), especially the visually impaired.

    What KYC changes did the Supreme Court direct for PwDs?

    • Mandated Accessible Digital KYC Processes: KYC procedures must include accessible design features like screen-reader compatibility, audio cues, and simplified verification steps.
    • Alternative Identity Verification Methods: KYC systems must allow thumb impressions, signatures in accessible formats, and alternative ways to verify identity without facial recognition or selfies. Eg: An acid attack survivor unable to use facial recognition can verify their identity using thumb impression linked with Aadhaar and OTP verification.
    • Uniform Accessibility Standards Across Institutions: All regulated entities (banks, telecom, SEBI, etc.) must follow a standardized, inclusive KYC frameworkrather than creating their own tests Eg: Every bank and mobile provider must adopt unified, accessible KYC apps that meet 2021 and 2022 ICT Accessibility Standards, ensuring consistency and inclusion.

    Which laws protect the rights of PwDs in India?

    • Constitution provision: Guarantees equality, dignity, and non-discrimination through the Preamble, Fundamental Rights(Articles 14, 15, 21), and Directive Principles (Article 38). Eg: Under Article 21, the Supreme Court reinterpreted the right to life to include digital access for PwDs.
    • Rights of Persons with Disabilities (RPwD) Act, 2016: Adopts a social-barrier model of disability and mandates measures for accessibility, inclusion, and equal opportunity. Eg: Section 42 requires the government to ensure accessible electronic media, including sign-language, audio descriptions, and captions.
    • UN Convention on the Rights of Persons with Disabilities (UNCRPD): India is a signatory and is obligated to promote, protect, and ensure full human rights and freedoms of PwDs. Eg: The RPwD Act, 2016 was enacted to give domestic effect to the UNCRPD’s principles like accessibility, dignity, and non-discrimination.
    • Information and Communication Technology (ICT) Accessibility Standards (2021, 2022): Prescribe technical standards for websites, apps, and digital services to be screen-reader friendly, with audio/video guidance. Eg: Despite these standards, most KYC platforms lack audio prompts or camera alignment assistance, which the SC directed to be rectified.

    Why do banks and other financial and government institutions mandate collecting KYC details?

    • Ensures Security: KYC helps identify and verify customers, reducing risks of money laundering, fraud, and terrorism financing. Eg: Under the Prevention of Money-laundering Act, 2002, banks are required to verify identities and report suspicious transactions to the Financial Intelligence Unit.
    • Availing Financial and Telecom Services: KYC is a regulatory requirement to access services like bank accounts, SIM cards, demat accounts, insurance, and pension schemes. Eg: A person must complete KYC to open a bank account or activate a mobile number.
    • Enables Access to welfare schemes:  Digital KYC links individuals to Aadhaar-based Direct Benefit Transfers (DBTs), ensuring targeted delivery of welfare schemes. Eg: Students must complete e-KYC to receive national scholarshcips or access Aadhaar-linked subsidieslike LPG or pensions.

    How do current KYC methods exclude PwDs?

    • Visual Verification Disadvantage: Steps like reading flashing codes, aligning for selfies, or signing on paper are inaccessible to those with visual impairments or disfigurements. Eg: A blind user cannot complete video-KYC if the app lacks screen-reader prompts or audio guidance for camera positioning.
    • Lack of Alternative Biometric Methods: Common alternatives like thumb impressions are not accepted as valid signatures, and PAN cards aren’t issued with them. Eg: A visually impaired person using thumbprint verification may be denied KYC approval due to lack of signature or photo verification.
    • Non-Compliant Digital Infrastructure: Most KYC apps and portals violate ICT Accessibility Standards by lacking features like text-to-speech, audio cues, or accessible form inputs. Eg: A KYC website without voice feedback or keyboard navigation makes it impossible for a person using assistive tech to complete the process independently.

    Why did the SC link digital access to Article 21?

    • Digital Access is Integral to the Right to Life and Dignity: The Court held that in today’s digital era, access to essential services through digital means is part of living with dignity and autonomy. Eg: Denying blind users the ability to complete KYC digitally affects their right to life under Article 21 by limiting access to banking or welfare services.
    • Ensures Substantive Equality:  The Court emphasized substantive equality, noting that equality is not just about treating everyone the same, but removing barriers for the disadvantaged. Eg: People with visual impairments face unique hurdles with video-KYC, which violates their equal access to services guaranteed under Articles 14 and 21.
    • Bridges the Digital Divide:  The judgment recognized that digital exclusion impacts not just PwDs, but also rural citizens, elderly people, and linguistic minorities, deepening socio-economic inequality. Eg: During COVID-19, the Court earlier ruled that digital vaccine portals must be accessible, reinforcing the idea that public digital infrastructure must be inclusive.

    Way forward: 

    • Adopt Inclusive Digital Design Standards: Ensure all KYC platforms follow universal design principles with features like screen-readers, voice prompts, and alternative authentication methods.
    • Mandate Regulatory Oversight and ComplianceRBI, SEBI, and DoT must monitor and enforce accessibility standards across all regulated entities to guarantee equal digital access for PwDs.

  • Article 143 of the Indian Constitution

    Why in the News?

    The Tamil Nadu CM has criticised the Presidential Reference under Article 143 as a “desperate attempt” to weaken State powers, following a Supreme Court ruling that set timelines for Governors and the President to act on State Bills.

    Article 143 of the Indian Constitution

    Recent Invocation:

    • The Presidential Reference asked whether the Supreme Court could impose timelines on:
      • Governors under Article 200 (assent to State Bills)
      • The President under Article 201 (Bills reserved for Presidential assent)

    What is Article 143 of the Indian Constitution?

    • Article 143 empowers the President of India to seek the advisory opinion of the Supreme Court on any question of law or fact that is-
      • of public importance
      • Likely to arise or has already arisen
    • This provision defines the Supreme Court’s advisory jurisdiction, exclusive to the President.
    • Sub-clauses and Legal Operation:
      • Article 143(1): The President may refer any matter to the Supreme Court for its opinion. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president.
      • Article 143(2): Allows the President to refer disputes arising from pre-Constitution agreements, including state-related matters, for the Supreme Court’s opinion. The Supreme Court must tender its opinion to the President.
    • Nature of the Reference: The Supreme Court’s opinion is advisory and NOT legally binding since it is NOT a judicial pronouncement.
    • President’s Response: It is NOT binding on the President; he/she may follow or may not follow the opinion. However, it facilitates the government to have an authoritative legal opinion.
    • Types of Questions Referred: Article 143(1) allows the President to refer questions of law or fact.
      1. Legal questions: Constitutional interpretation, rights, and executive powers.
      2. Factual questions: The 1993 Ram Janmabhoomi-Babri Masjid reference asked whether a temple existed at the disputed site.
    • Judicial Interpretation: The Supreme Court has clarified that Article 143 is broad in scope and not limited to questions that have arisen; potential or likely questions can also be referred.

    Executive’s Control of Presidential Reference: 

    • Although Article 143 vests the power in the President, the real decision to refer is taken by the Union Council of Ministers under Article 74(1). 
    • Article 74(2) bars the Court from inquiring whether such advice was given.

     

    [UPSC 2010] Consider the following statements:

    The Supreme Court of India tenders’ advice to the President of India on matters of law or fact

    1. on its own initiative (on any matter of larger public interest).

    2. if he seeks such an advice.

    3. only if the matters relate to the Fundamental Rights of the citizens.

    Which of the statements given above is/are correct?

    Options: (a) 1 only (b) 2 only * (c) 3 only (d) 1 and 2 only