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.
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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.
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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.
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Why in the News?
A protest has erupted in Goa after a scientific paper on water availability and diversion in the Mahadayi basin reignited its long-standing dispute with Karnataka.
About the Mahadayi River:
- Origin: The Mahadayi River (Mhadei in Goa) originates in Bhimgad, Karnataka, in the Western Ghats.
- Length and Flow: It flows 81 km, passing through Karnataka (35 km), Goa (45 km), and Maharashtra (1 km) before reaching the Arabian Sea.
- Basin Area: Covers 2,032 sq km—78% in Goa, 18% in Karnataka, and 4% in Maharashtra.
- Significance: Forms the Mandovi River, essential for drinking water, agriculture, and navigation in Goa.
- Tributaries: Kalasa Nala, Surla Nala, Haltar Nala, Poti Nala, Mahadayi Nala, Pansheer Nala, Bail Nala, Andher Nala and many more. It has a catchment area of 2032 sq.km.
- Topography: Elevation ranges between < 0m and > 980m w.r.t Mean Sea Level, slope of the catchment varies up to 150%. Very high slope we observed in the Ghats (Braganja Ghats).
- Waterfalls: Variations in the terrain has led to formation of various water falls such as the Doodhsagar falls,Vajra poha falls etc.
- Ecology: Supports rich biodiversity, including the Salim Ali Bird Sanctuary.
- Mineral Ores found: Iron, limestone, bauxite, quartz, limestone, sand, clay, lime shell, Manganese, Asbestos, Mica, Lead, Cadmium.
Mahadayi Water Dispute:
- Karnataka’s Project: Proposed the Kalasa-Banduri Nala to divert water to the Malaprabha basin.
- Tribunal Setup: The Mahadayi Water Disputes Tribunal (2010) addressed disagreements.
- 2018 Verdict:
- Karnataka: 13.42 tmcft (1.72 from Kalasa, 2.18 from Bhandura).
- Goa: 24 tmcft (plus 9.395 tmcft for existing use).
- Maharashtra: 1.33 tmcft.
- Concerns: Goa feared impacts on Mandovi navigation; the tribunal cited tidal flow ensures stability.
- Legal Status: Both states have challenged the verdict in the Supreme Court.
Controversy Over CSIR-NIO Report:
- Study Findings: Claimed Karnataka’s diversions would have minimal impact on Goa’s water or estuarine navigation.
- Institutions: Report authored by CSIR-NIO (Goa) and INCOIS (Hyderabad).
- Recommendations: Suggested check dams and a Tillari-style agreement for shared water use and ecological balance.
Tap to read more about Interstate Water Disputes in India.
| [UPSC 2013] Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. |
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Why in the News?
Chinese researchers found that A-to-I mRNA editing, once considered random, plays a key role in development, especially in the wheat pathogen Fusarium graminearum.
About A-to-I mRNA Editing:
- mRNA: Our cells use DNA as a guide to make proteins. First, they copy DNA into messenger RNA (mRNA).
- A-to-I editing: This is a process where the letter adenosine (A) in mRNA is changed to inosine (I) by special enzymes called ADARs. The cell reads inosine as guanine (G), which can change the protein being made.
- Why it matters:
- It helps the cell make different versions of proteins without changing the DNA.
- It can remove early stop signals, allowing full proteins to be made.
- It helps the cell adapt to different conditions or stages of life.
What did scientists discover in the fungus?
- Fungal Discovery: Scientists found that the fungus edits over 26,000 mRNA sites during reproduction, not during normal growth.
- Development Role: This editing fixes early stop signals in key genes, helping the fungus develop and reproduce properly.
- Stress Adaptation: Some genes work better unedited under stress, showing the fungus edits only when needed for survival.
Does this happen in humans?
Yes, A-to-I editing is common in humans:
- In the brain: It helps with brain growth, memory, and learning.
- In the immune system: It helps fight infections and control inflammation.
Health Implications:
- Health Risks: Faulty editing is linked to epilepsy and certain cancers.
- Therapeutic Potential: Understanding this process can lead to new treatments and improve gene-editing technologies.
| [UPSC 2016] In the context of the developments in Bioinformatics, the term ‘transcriptome’, sometimes seen in the news, refers to:
Options: (a) a range of enzymes used in genome editing (b) the full range of mRNA molecules expressed by an organism * (c) the description of the mechanism of gene expression (d) a mechanism of genetic mutations taking place in cells |
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Why in the News?
The RBI may transfer a record ₹2.5–₹3 lakh crore surplus for 2024–25 after its recent review of its Economic Capital Framework (ECF).
About Surplus Transfer by RBI:
- Legal Basis: Under Section 47 of the RBI Act, 1934, the RBI must transfer its net surplus from its income to the central government.
- Tax Exemption: As per Section 48, the RBI is exempt from income tax and direct taxes.
- Timeline: RBI has recently changed its accounting year from June-July to April-May.
- Recent Transfers: In 2023–24, RBI transferred a record ₹2.11 lakh crore; estimates for 2024–25 range between ₹2.5 and 3 lakh crore.
- Reserve Allocation: Some surplus may be set aside for contingency or asset development funds.
- Policy Debate: The government often seeks higher transfers, while the RBI stresses on maintaining financial stability and autonomy.
- Past Disagreements: Tensions have occurred but are usually resolved through mutual agreement.
How does the RBI generate its surplus?
- Foreign Investments: RBI earns returns from investing in foreign government bonds, treasury bills, and deposits with other central banks.
- Domestic Bonds: It receives interest on Indian government securities (G-secs) held in its portfolio.
- Bank Lending: Income is earned by lending short-term funds to commercial banks via repo operations.
- Commission Services: The RBI charges commissions for managing borrowings and public debt for the central and state governments.
- Main Expenditure: Costs include printing currency, staff salaries and pensions, bank commissions, and dealer fees.
- Net Surplus: The surplus is what remains after expenses, provisions, and reserves are accounted for.
Back2Basics: Economic Capital Framework (ECF)
- Purpose: The ECF guides how much capital RBI must retain and how much surplus can be transferred.
- Y.H. Malegam Committee (2013): It reviewed the adequacy of reserves and surplus distribution policy in 2013, recommended a higher transfer to the government.
- Introduction: Finalised in 2019, based on a committee led by Bimal Jalan.
- Goal: Seeks to balance government funding needs with RBI’s financial resilience.
- Reserve Components: Defines key buffers like the Contingency Risk Buffer (CRB), Revaluation Reserves, and Asset Development Fund.
- Minimum CRB: Requires at least 5.5% of RBI’s balance sheet to be held as contingency reserve.
- Transfer Stability: Allows for more consistent surplus transfers when RBI’s earnings are strong.
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| [UPSC 2021] In India, the central bank’s function as the ‘lender of last resort’ usually refers to which of the following:
1.Lending to trade and industry bodies when they fail to borrow from other sources.
2.Providing liquidity to the banks having a temporary crisis.
3.Lending to governments to finance budgetary deficits.
Select the correct answer using the code given below:
Options: (a) 1 and 2 (b) 2 only * (c) 2 and 3 (d) 3 only |
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Why in the News?
The onset of cool, moisture-laden monsoon winds offers not just relief but also a significant opportunity for wind energy generation.
About the Indian Monsoon:
- Origin: The word “monsoon” comes from Arabic ‘mausin’ or Malayan ‘monsin,’ meaning “season”.
- Seasonal Wind Shift: Monsoons are seasonal winds that reverse direction with changing seasons.
- Types:
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- Southwest Monsoon: Blows from sea to land, bringing rainfall across most of India.
- Northeast Monsoon: Blows from land to sea, bringing rain mainly to southeast India.
- Role of Tibet: The Tibetan Plateau heats up in summer, creating low pressure that draws in moist winds.
- Ocean Influence: A high-pressure system in the southern Indian Ocean helps drive the southwest monsoon.
- Atmospheric Factors: Influencers include the Subtropical Jet Stream, Tropical Easterly Jet, and ITCZ.
- Other Drivers: The Somali Jet, Somali Current, Indian Ocean Dipole, and Walker Cell also affect monsoon behaviour.
How does monsoon impact wind variability?
- Changing Wind Speeds: Monsoon wind speeds vary in strength and direction over time and place.
- Energy Planning: Wind behaviour prediction is crucial for renewable power management, especially wind energy.
- Agricultural Demand: Kharif crops planted in June depend on monsoon, raising seasonal energy demand.
- Wind Energy Output: In areas like the Western Ghats, 70% of wind energy is generated June–September.
- Forecasting Tools: Numerical Weather Prediction (NWP) models provide high-resolution wind forecasts.
- AI Models: Tools like Google’s MetNet3 use satellite and radar data to predict wind in remote areas.
India’s Wind Energy: Capacity, Growth & Challenges
- India became the 3rd largest wind and solar producer in 2024, after China and the US.
- Installed wind capacity: 50 GW as of March 31, 2025.
- In 2024, wind and solar contributed 10% of electricity—solar 7%, wind 3%; hydro added 8%, totalling 22% from clean sources.
- Solar capacity grew by 24 GW in 2024, doubling 2023’s figure; wind grew by 3.4 GW.
- Leading wind additions: Gujarat (1,250 MW), Karnataka (1,135 MW), Tamil Nadu (980 MW).
- Top wind states: Tamil Nadu, Gujarat, and Maharashtra; targets: 140 GW wind and 500 GW non-fossil capacity by 2030.
- Land Use & Capacity Utilization Factor (CUF): Wind farms occupy just 2% of land, allowing agriculture on the rest; CUF ranges between 16%–19%, with peak generation during monsoon months.
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| [UPSC 2014] The seasonal reversal of winds is the typical characteristic of:
Options: (a) Equatorial climate (b) Mediterranean climate (c) Monsoon climate * (d) All of the above climates |
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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.
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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.
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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.
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