PYQ Relevance:
[UPSC 2024] Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.
Linkage: The article highlights that data is the “digital era’s most valuable resource” and that compromising its control, including individual data, poses “serious security risks” and affects national competitive advantage. Safeguarding personal data is a crucial component of asserting digital sovereignty. |
Mentor’s Comment: The India–UK FTA, recently finalised, is hailed as a “gold standard” but raises concerns over digital sovereignty. India conceded access to source code and government data, weakening regulatory control and AI innovation leverage. The deal also marks a shift from India’s previous global stand on data localisation, contrasting positions taken even by countries like the US.
Today’s editorial analyses the concerns over digital sovereignty in the India-UK FTA. This topic is important for GS Paper II (International Relations) in the UPSC mains exam.
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Let’s learn!
Why in the News?
The India–United Kingdom Free Trade Agreement (FTA), officially called the Comprehensive Economic and Trade Agreement (CETA), is in the news because of a significant debate over its provisions for the digital sector and digital sovereignty.
What digital issues arise from the India-UK FTA?
- Unrestricted Use of Public Data: UK firms gain equal access to Indian public datasets, affecting domestic innovation potential. Eg: British companies can commercially exploit Indian transport or agricultural data.
- Weakened Data Localization Autonomy: India must engage in consultations before enacting data rules, reducing flexibility.
- No Safeguards for Critical Infrastructure: The deal doesn’t exempt sensitive sectors from source code restrictions. Eg: India can’t review software running in strategic areas like nuclear power plants.
- Lack of Coherent Digital Trade Policy: Commitments were made without a clear digital governance framework. Eg: Digital clauses went unchallenged, unlike the agricultural sector, which had strong negotiation backing.
- Restricted Source Code Access: India is barred from demanding source code or algorithms, limiting oversight.
What is Source Code?
Source code is the original set of instructions written by a programmer in a human-readable programming language (like Python, Java, or C++) that defines how a software program works. |
How does source code access loss affect India’s digital control?
- Weakens Cyber Sovereignty: Without access to source code, India cannot verify or modify software behavior, increasing reliance on foreign tech. Foreign telecom equipment may have backdoors compromising national security.
- Inhibits Regulatory Oversight: Lack of access hinders the ability of Indian regulators to audit algorithms or ensure compliance with local laws. Eg: India can’t fully inspect e-commerce platforms’ pricing algorithms for anti-competitive behavior.
- Compromises Data Privacy & Security: Source code opacity prevents India from detecting data leaks or unauthorized data transfers.
Why is a digital policy crucial for India’s trade interests?
- Ensures Data Sovereignty: A strong policy helps India control how data is stored and used globally. Eg: Prevents sensitive health data from being transferred without oversight.
- Protects Domestic Industry: Clear rules support Indian startups against unfair access by global players. Eg: Limits foreign firms from exploiting local e-commerce data.
- Strengthens Negotiation Power: Defined digital laws give India leverage in FTA talks. Eg: Helps resist pressure to allow free cross-border data flow in trade deals.
- Secures National Interests: Policy enables checks on cybersecurity threats and foreign surveillance. Eg: Restricts flow of defence-related digital information.
- Boosts Digital Economy: Promotes data-driven innovation and economic growth through regulation. Eg: Encourages investment in Indian cloud services by assuring legal clarity.
Way forward:
- Reassess Digital Commitments: Review FTA clauses that compromise digital sovereignty and seek renegotiation if needed.
- Strengthen Data Protection Laws: Enforce robust data localisation and privacy regulations to safeguard national interest.
- Ensure Source Code Access: Mandate conditional access to critical software for security audits and public interest.
- Promote Indigenous Tech: Invest in local AI and digital infrastructure to reduce foreign dependency.
- Align Trade with Policy: Harmonise trade agreements with India’s long-term digital and strategic goals.
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Why in the News?
Recently, US President Donald Trump has threatened additional penalties on Indian imports, specifically targeting India’s purchase of discounted Russian oil.
Why is India buying more oil from Russia?
- Steep Price Discounts: Russian crude is sold at prices significantly below global benchmarks. In FY 2024-25, India imported $56.9 billion worth of mineral fuels from Russia, up from $2.1 billion in 2020-21.
- Energy Security Priority: Ensuring affordable and reliable energy is vital for India’s economic stability and consumer welfare.
- No UN Sanctions: India legally continues trade since Russian oil is not under United Nations sanctions, unlike US/EU bans. India cites international legality and moral justification for its purchases.
- Strategic Pragmatism: India follows a non-aligned, interest-driven foreign policy, prioritizing national needs over bloc politics.
What are the impacts of the US and NATO warnings on India?
- Trade Penalty Threats: The US has imposed a 25% tariff on Indian goods and hinted at an additional penalty linked to India’s energy trade with Russia.
- Secondary Sanctions Warning: NATO has warned that countries continuing business with Russia may face secondary sanctions. NATO Secretary General Mark Rutte issued a caution to India, China, and Brazil for sustaining Russia’s wartime economy.
- Legislative Pressure in the US: A proposed US Congressional bill seeks a 500% duty on imports from nations trading in Russian-origin petroleum and uranium. If passed, this could impact Indian exports to the US due to its engagement in discounted Russian oil.
- Strained Strategic Ties: Continued trade with Russia risks diplomatic friction with key Western allies, affecting defence cooperation and technology sharing. India’s balancing strategy between Russia and the West becomes harder as the Western bloc consolidates against Moscow.
- Push for Energy Diversification: Western pressure is pushing India to rethink its energy security strategy and reduce dependence on Russian crude.
How can India change its strategy to buy oil from other countries?
- Diversify Import Sources: India can increase crude purchases from Gulf countries, the US, Latin America, and Africa to reduce dependence on Russia. Eg: India has ramped up imports from Iraq and Saudi Arabia, traditionally among its top suppliers.
- Sign Long-term Contracts: Establish long-term supply agreements with stable oil-exporting nations to ensure steady and secure inflow. Eg: India signed a long-term deal with Abu Dhabi National Oil Company (ADNOC) for crude supply and storage.
- Invest in Strategic Partnerships: Strengthen ties through energy diplomacy and joint ventures in oil exploration and production abroad. Eg: Indian PSUs like ONGC Videsh have stakes in oil fields in Vietnam, Venezuela, and Russia.
- Leverage Spot Market and Strategic Reserves: Use the global spot market for short-term deals and enhance strategic petroleum reserves (SPRs). Eg: India has bought crude from the US and Nigeria on the spot market during price dips.
- Boost Domestic Refining Flexibility: Upgrade refineries to process diverse crude grades, enabling imports from a wider range of countries. Eg: Reliance and Indian Oil refineries are capable of handling crude from the US, Middle East, and West Africa.
How can India protect its interests and handle pressure? (Way forward)
- Prioritize Strategic Autonomy: India should maintain an independent foreign policy, making decisions based on national interest rather than aligning with any geopolitical bloc.
- Engage in Diplomatic Dialogue: Proactively communicate with Western partners to explain its energy needs and seek carve-outs or exemptions from potential sanctions.
- Strengthen Domestic Resilience: Increase investments in renewable energy, expand strategic oil reserves, and boost refining capacity to reduce vulnerability to external shocks.
- Balance Competing Relationships: Carefully navigate ties with both Russia and the West, ensuring that economic cooperation does not compromise strategic partnerships elsewhere.
Mains PYQ:
[UPSC 2019] What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s National self-esteem and ambitions” Explain with suitable examples.
Linkage: This question highlights the tension arising when India seeks to act according to its “National self-esteem and ambitions” rather than conforming to a global strategy dictated by another power (the US). This strongly aligns with the idea of India making independent decisions guided by its own interests.
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Why in the News?
Recently, the International Court of Justice (ICJ) delivered a landmark advisory opinion on July 23, 2025, clarifying the legal obligations of states regarding climate change.
Note: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. While advisory opinions are not formally binding, they hold persuasive (Convince other) legal weight and reflect the Court’s authoritative interpretation of international law.
What does the ICJ say about saving nature and the climate?
- Nature is a climate actor, not just a victim: ICJ recognizes ecosystems like forests, oceans, and coral reefs as active parts of the climate system. Eg: Forests absorb CO₂ and regulate rainfall.
- Protecting nature is a legal climate duty: Countries have a responsibility to safeguard nature as part of their climate obligations. Eg: Wetlands must be preserved to manage floods and store carbon.
- Ecological literacy is essential: Decision-makers must understand ecosystem roles in climate regulation. Eg: Mangrove destruction worsens storm impact and carbon release.
- Biodiversity and climate are equal: Climate action must not come at the cost of biodiversity. Eg: Solar parks should not destroy grasslands or wildlife zones.
- Global justice includes nature’s rights: The ICJ promotes a shift from human-centred to eco-centred justice. Eg: Legal personhood to rivers (like Ganga) aligns with this approach.
How can India align the ICJ view with Articles 21 and 48A of the Constitution?
- Recognize environmental rights as part of Right to Life (Article 21): Link clean air, water, and a healthy ecosystem to the fundamental right to life. Eg: Supreme Court’s recognition of the right to a healthy environment in the Subhash Kumar case.
- Implement Directive Principle on environment (Article 48A): Strengthen policies to protect and improve forests, rivers, and biodiversity. Eg: Initiatives like Namami Gange align with this duty.
What are the roles of Tribals in India’s climate plans?
The roles of tribals in India’s climate plans are crucial because they are deeply connected with nature and are key to conservation and climate resilience.
- Traditional Ecological Knowledge: Tribals have deep understanding of local ecosystems, useful for conservation and climate adaptation. Eg: Bhil tribes, Madhya Pradesh – traditional water harvesting for drought resilience.
- Forest and Biodiversity Guardianship: Indigenous communities act as forest protectors and biodiversity custodians, aiding carbon sequestration. Eg: Dongria Kondh, Odisha – protect Niyamgiri Hills’ biodiversity.
- Sustainable Livelihood Practices: Tribes follow low-carbon, eco-friendly practices, supporting climate goals. Eg: Apatani tribe, Arunachal Pradesh – eco-friendly wet rice farming (growing rice in flooded fields).
- Community-Based Climate Adaptation: Local innovation enables faster climate resilience and resource management. Eg: Women in Kutch, Gujarat – build check dams for water security.
- Effective Implementation of Climate Schemes: Grassroots involvement improves policy success, ensures inclusive development. Eg: Van Dhan Yojana – empowers tribal collectives for sustainable forest use.
Which laws should India improve to better protect nature and fight climate change?
- Strengthen Environmental Impact Assessment (EIA): Make public consultations more transparent and science-based. Eg: Dilution in EIA 2020 draft faced criticism for reducing oversight on polluting projects.
- Amend Forest Conservation Act (FCA): Ensure tribal rights and ecological value are protected during land diversion. Eg: FCA 2023 allowed exemptions for some forest lands, risking biodiversity loss.
- Update Air (Prevention and Control of Pollution) Act, 1981: Include stricter penalties and real-time monitoring for industrial emissions. Eg: Delhi’s recurring smog highlights the law’s limited deterrence.
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Way forward:
- Empower Local Communities: Recognize and support tribal and grassroots climate efforts through legal rights, funding, and capacity building.
- Mainstream Climate in Policy Planning: Integrate climate adaptation and mitigation into urban planning, agriculture, and infrastructure development.
- Promote Green Finance and Innovation: Incentivize clean technologies, nature-based solutions, and public-private partnerships for sustainable development.
Mains PYQ:
[UPSC 2023] The most significant achievement of modern law in India in the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws.
Linkage: The article highlights that India’s Supreme Court has interpreted Article 21 (right to life) to include the right to a healthy environment, and the ICJ’s opinion internationalizes this idea, providing a strong basis for India’s legal framework to embrace a restorative vision.
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Why in the News?
The Ministry of Information and Broadcasting has announced the 71st National Film Awards.
About National Film Awards:
- Establishment: Instituted in 1954, administered by the Directorate of Film Festivals (DoFF) under the Ministry of Information and Broadcasting, Government of India.
- Purpose:
- To encourage the production of films of aesthetic and technical excellence.
- Promote films that reflect the cultural and social fabric of India.
- Recognize and reward cinematic achievements across languages and formats.
- Award Components:
- Swarna Kamal (Golden Lotus): Includes medallion, certificate, and cash prize. Given in top categories.
- Rajat Kamal (Silver Lotus): Awarded in various other categories.
- Main Categories:
- Feature Films: For artistic and technical excellence across Indian languages.
- Non-Feature Films: For documentaries, shorts, and socially relevant content.
- Best Writing on Cinema: For books and critics advancing understanding of cinema.
- Eligibility Criteria:
- Films must be produced in India.
- Makers must be Indian nationals.
- Must be certified by CBFC between Jan 1 and Dec 31.
- Foreign co-productions have specific eligibility conditions.
- Jury and Selection:
- Independent juries for each category.
- No governmental or commercial influence in the selection process.
- Part of NFA.
- India’s highest cinematic honour.
- Instituted in 1969 to commemorate Dhundiraj Govind Phalke, India’s first filmmaker.
- Consists of:
- Swarna Kamal
- ₹10 lakh cash prize
- Certificate, silk roll, and shawl
- First recipient: Devika Rani Roerich
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Why in the News?
The Supreme Court of India has reserved its judgment (i.e. final decision is pending) in a set of petitions challenging the age-related eligibility criteria under the Surrogacy (Regulation) Act, 2021.
These cases involve couples who had initiated the surrogacy process prior to the enactment of the law on January 25, 2022, but are now disqualified due to the new age limits.
About the Surrogacy (Regulation) Act, 2021
- Objective: To regulate surrogacy in India, prohibit commercial surrogacy, and promote ethical, altruistic surrogacy based on medical necessity.
- Scope:
Key Provisions:
- Type Permitted: Only altruistic surrogacy (unpaid surrogate mother) is allowed; commercial surrogacy is banned.
- Eligibility Criteria for Intending Couples:
- Legally married for at least 5 years.
- Woman must be 23–50 years of age; man must be 26–55 years.
- Must not have any living biological, adopted, or surrogate child.
- Eligibility for Single Women:
- Only widows or divorcees between 35–45 years are eligible.
- Unmarried women are not eligible (currently under challenge).
- Surrogate Mother Criteria:
- Must be a close relative, married, and have at least one biological child.
- Age: 25–35 years.
- Certification Requirement: A Certificate of Essentiality is required, including:
- Proof of infertility
- Court order for parentage and custody
- Insurance for the surrogate mother
- Penalties: Commercial surrogacy invites imprisonment (up to 10 years) and fines (up to ₹10 lakh).
- Regulatory Structure:
- National Surrogacy Board at the central level.
- State Surrogacy Boards at the state level.
Issues Highlighted by the Supreme Court:
- No Transitional Provision: The Act lacks a grandfather clause to protect couples who began the surrogacy process (e.g., embryo freezing) before the law came into effect in January 2022.
- Rigid Age Limits: The court questioned the fairness of disqualifying couples solely on age grounds, especially when natural pregnancies at older ages are not prohibited.
- Violation of Fundamental Rights: Petitioners argued the age restrictions violate Article 14 (equality before law) and Article 21 (right to reproductive autonomy and personal liberty).
- Exclusion of Unmarried Women: The law permits only widows or divorcees (35–45 years) to pursue surrogacy, which the court noted may be arbitrary and discriminatory.
- Law’s Intent vs. Impact: The court stressed that while the law aims to prevent commercial surrogacy, it should not unreasonably prevent genuine intending parents from having children.
| [UPSC 2020] In the context of recent advances in human reproductive technology, “Pronuclear Transfer” is used for:
Options: (a) fertilization of egg in vitro by the donor sperm (b) genetic modification of sperm producing cells (c) development of stem cells into functional embryos (d) prevention of mitochondrial diseases in offspring* |
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Why in the News?
Researchers in Britain & Ireland are aiming to sequence all animals, fungi and plants under the Darwin Tree of Life (DToL) Project.
About Darwin Tree of Life (DToL) Project:
- Objective: To sequence the genomes of all ~70,000 known eukaryotic species (whose cells contain a nucleus and other membrane-bound organelles) found in Britain and Ireland.
- Initiated: In 2019 as a UK–Ireland contribution to the Earth BioGenome Project.
- Geographic Focus: Great Britain and Ireland, chosen for their well-documented and accessible biodiversity.
Key Features:
- Phases:
- Pilot Phase (2019–2022): Focused on collecting 8,000 species; targeted 2,000 genome assemblies.
- As of 2025: ~8,000 species collected; over 2,000 genomes sequenced.
- Approach:
- Systematic specimen collection and species verification.
- High-quality genome sequencing using advanced tools and curated pipelines.
- Public Access: All genome data is released openly via the DToL portal and public archives.
- Scientific Significance:
- Enhances understanding of evolution, adaptation, and species relationships.
- Supports conservation efforts amid growing biodiversity threats.
- Applications: Informs conservation biology, medicine, agriculture, and climate adaptation.
| [UPSC 2011] At present, scientists can determine the arrangement or relative positions of genes or DNA sequences on a chromosome. How does this knowledge benefit us?
1. It is possible to know the pedigree of livestock.
2. It is possible to understand the causes of all human diseases.
3. It is possible to develop disease-resistant animal breeds.
Options: (a) 1 and 2 only (b) 2 only (c) 1 and 3 only* (d) 1, 2 and 3 |
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Why in the News?
The 155-year-old Patalpani–Kalakund heritage train services has resumed after a temporary halt.
About the Patalpani–Kalakund Heritage Line:
- Route: 9.5 km metre-gauge section between Patalpani and Kalakund in Madhya Pradesh.
- Section: Part of the Dr. Ambedkar Nagar (Mhow)–Khandwa route.
- Restoration Year: Revived in 2018 as a heritage line after being excluded from gauge conversion due to difficult terrain.
- Operational Details:
- Average speed: 5–10 km/h.
- Features scenic gorges, tunnels, embankments, Patalpani waterfall, and natural springs.
- Historical Origins:
- Proposed by Maharaja Tukoji Rao Holkar II in 1870.
- First constructed as part of Holkar State Railways, completed in 1878.
- Became part of Rajputana–Malwa Railway in 1881–82.
- Cultural Significance:
- Patalpani station named after Tantia Bhil, a tribal revolutionary.
- Kalakund station named after a local sweet delicacy.
Other Heritage Railways of India:
| Name & Route |
Details |
| Darjeeling Himalayan Railway |
- Location: West Bengal
- UNESCO Status: World Heritage Site (1999)
- Built: 1879–81
- Highlights: Batasia Loop, zigzags, colonial-era steam engines
- Route: New Jalpaiguri to Darjeeling (88 km, narrow gauge)
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| Nilgiri Mountain Railway |
- Location: Tamil Nadu
- UNESCO Status: World Heritage Site (2005)
- Highlights: Only rack-and-pinion railway in India, steep climbs, vintage locomotives
- Route: Mettupalayam to Ooty (46 km, metre gauge)
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| Kalka–Shimla Railway |
- Location: Himachal Pradesh
- UNESCO Status: World Heritage Site (2008)
- Built: 1898–1903
- Highlights: 102 tunnels, 800+ bridges; access to British summer capital
- Route: Kalka to Shimla (96 km, narrow gauge)
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| Matheran Hill Railway |
- Location: Maharashtra
- UNESCO Status: Tentative World Heritage Site
- Built: 1907
- Highlights: Zigzags, tight curves, eco-sensitive, vehicle-free destination
- Route: Neral to Matheran (21 km, narrow gauge)
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| Kangra Valley Railway |
- Location: Himachal Pradesh
- UNESCO Status: Tentative World Heritage Site
- Highlights: 971 bridges, 2 tunnels; scenic Dhauladhar views, access to ancient temples
- Route: Pathankot to Joginder Nagar (163 km, narrow gauge)
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| [UPSC 2009] Recently, which one of the following was included in the UNESCO’s World Heritage list?
Options: (a) Dilwara Temple (b) Kalka-Shimla Railway* (c) Bhiterkanika Mangrove Area (d) Vishakhapatnam to Araku Valley railway line |
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Why in the News?
The Union Culture Ministry has successfully retrieved the sacred ‘Piprahwa’ Buddhist relics, which were set to be auctioned in Hong Kong.
About the Piprahwa Relics:
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Discovery: Unearthed in 1898 by William Claxton Peppe, a British engineer, at Piprahwa (Siddharthnagar, Uttar Pradesh), near the Nepal border.
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Historical Significance: Identified as ancient Kapilavastu, capital of the Shakya republic, where Prince Siddhartha (Buddha) lived before renunciation.
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Findings at the Site: A buried stupa yielded a large stone coffer containing:
- Bone fragments believed to be Buddha’s relics
- Caskets made of soapstone and crystal
- A sandstone coffer
- Over 1,800 ornaments: pearls, rubies, sapphires, gold sheets
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Legal Custody:
- The British Crown claimed the relics under the Indian Treasure Trove Act, 1878.
- Most artifacts were transferred to the Indian Museum, Kolkata.
Stupas with Buddha’s Relics:
- After the Buddha’s death (Mahaparinirvana), his cremated relics were divided among 8 kingdoms and a Brahmin named Drona, who coordinated their distribution.
- Each recipient built a Stupa to enshrine their share of the relics, creating important pilgrimage sites and early centers of Buddhist worship.
- The 9 stupas were located in Rajagriha, Vaishali, Kapilavastu, Allakappa, Ramagrama, Vethadipa, Pava, Kushinagar, and Pippalivana.
- Emperor Ashoka (3rd century BCE) redistributed the relics from these stupas into thousands of new stupas across his empire.
- The stupa at Ramagrama is unique because it is believed to remain untouched and still holds the original relics.
- A typical early Buddhist stupa included a hemispherical mound (anda), a square railing (harmika), a central pillar (yashti) with umbrellas (chatra), and a path for circumambulation (pradakshinapatha).
| [UPSC 2023] With reference to ancient India, consider the following statements:
1. The concept of Stupa is Buddhist in origin.
2. Stupa was generally a repository of relics.
3. Stupa was a votive and commemorative structure in Buddhist tradition. How many of the statements given above are correct?
Options: (a) Only one (b) Only two* (c) All three (d) None |
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