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  • The ‘Vimal Elaichi’ promotion question

    Why in the News

    The Maharashtra Food and Drugs Administration (FDA) has issued notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their endorsement of Vimal Elaichi, alleging that the advertisements could amount to surrogate promotion of Vimal Pan Masala, a prohibited tobacco-related product in the State. The action moves enforcement from the manufacturer to the celebrity endorser, using food safety, consumer protection and tobacco-control law together.

    What is surrogate advertising?

    1. About: Surrogate advertising promotes a prohibited or restricted product indirectly, by advertising a legally permitted product that carries the same brand name, packaging identity and visual grammar.
    2. How it works: The permitted product acts as a carrier for brand recall, so consumer attraction built around the prohibited product is maintained without the prohibited product ever appearing in the advertisement.
    3. Why it exists: Direct advertising of tobacco products is prohibited by law, so a manufacturer extends the brand to a permitted category such as cardamom, mineral water or music to keep the name in circulation.
    4. The legal test applied: The question is whether the communication is an advertisement for an independent product or whether it is intended to maintain, reinforce or enhance the brand identity associated with the prohibited product.

    What is the Central Consumer Protection Authority?

    1. About: The Central Consumer Protection Authority is the regulator created under the Consumer Protection Act, 2019 to protect and enforce the rights of consumers as a class, with powers over false or misleading advertisements and unfair trade practices.

    Why does the FDA treat this advertisement as surrogate promotion?

    1. The eight elements weighed: The notice assesses the nature of the advertisement, the identity of the brand, its presentation, its visual elements, the dialogue, the product name, the market identity of the brand and the context in which the advertisement is presented.
    2. The brand identity test: The notice asks whether the use of the Vimal brand under the name of Elaichi or a similar product is intended to maintain, reinforce or enhance the brand identity and consumer attraction associated with pan masala and tobacco-related products.
    3. The consequence if the test is met: Such communication would not merely constitute an advertisement for an independent product, but would amount to indirect or surrogate promotion of a prohibited or restricted product.
    4. Status of the underlying product: Vimal Pan Masala is a prohibited tobacco-related product in the State, which is what makes the brand extension legally significant.
    5. Interim direction issued: The FDA has directed the removal of all content associated with the advertisement, alongside the notices to the endorsers.

    Where does the tension lie between a brand extension and a prohibited promotion?

    1. The manufacturer’s position in law: Cardamom is a lawful food product, and advertising a lawful product under a lawful trademark is ordinarily protected commercial activity.
    2. The regulator’s position: Legality of the advertised product does not settle the question, since the advertisement’s function may be to sustain recall for a different product that cannot be advertised at all.
    3. The shift in the enforcement target: The notices proceed against the endorsers rather than the manufacturer, which places liability on the person lending recognition to the brand.
    4. Pan masala’s regulatory position: Pan masala is a regulated food product under the Food Safety and Standards Authority of India framework, so compliance with all provisions relating to its manufacture, marketing, sale and advertisement is mandatory.
    5. What remains unsettled: The notice frames the surrogate question as a serious question that arises rather than as a finding, so the determination follows the actors’ response.

    Which laws does the notice say the advertisement violates?

    1. Food Safety and Standards Act, 2006: The notice invokes various sections of the Act and the rules and regulations framed thereafter, including Section 24, which restricts advertisements and prohibits unfair trade practices relating to food, including misleading advertisements.
    2. Food Safety and Standards (Advertising and Claims) Regulations, 2018: Food Business Operators and marketers must ensure that their advertisements are truthful, unambiguous and not misleading, and are prohibited from making claims that encourage excessive consumption of a particular food.
    3. Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011: These pertain to substances that may be injurious to health, and are the route through which States prohibit tobacco-bearing pan masala.
    4. Central Consumer Protection Authority guidelines, 2022: The advertisement is said to violate the 2022 guidelines on the prevention of misleading advertisements and endorsements for misleading advertisements.
    5. Cigarettes and Other Tobacco Products Act, 2003: The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 is invoked for its provisions prohibiting tobacco advertisements.

    What penalty can follow a misleading endorsement?

    1. Statutory basis: Section 21 of the Consumer Protection Act, 2019 governs action against false or misleading advertisements and against the endorsers of such advertisements.
    2. Direction power: The Central Consumer Protection Authority can direct the discontinuation or modification of a false or misleading advertisement.
    3. First penalty: It can impose a penalty of up to Rs 10 lakh on the endorser.
    4. Repeat penalty: For subsequent contraventions, the penalty may extend to Rs 50 lakh.
    5. Endorsement ban: The authority can prohibit the endorser from endorsing any product for up to one year, and for subsequent contraventions the ban may extend to three years.

    What procedure must the endorsers now follow?

    1. Response window: The notices ask the actors to respond within 15 days.
    2. Mode of response: They need not appear in person and may submit a written explanation either in person or through a duly authorised representative, along with documentary evidence.
    3. Personal hearing: If they wish to be heard in person they may indicate it in the written explanation, and an opportunity of personal hearing, in person or through a duly authorised representative, is to be afforded in accordance with the principles of natural justice.
    4. Consequence of silence: Failure to respond within the stipulated period, or an unsatisfactory response, may attract action under the Food Safety and Standards Act, 2006 without any further reference or notice.
    5. The presumption: In the absence of a satisfactory explanation, it shall be presumed that the endorser has nothing to state in the matter.

    Challenges to Enforcement Against Surrogate Advertising

    1. Proving intent: Regulators must show that a lawful product’s advertisement was intended to promote a prohibited one, which turns on inference from brand identity rather than on a direct statement. Eg. Notices in this case rest on presentation, dialogue and market identity rather than on any reference to pan masala in the advertisement itself.
    2. Split jurisdiction: Food safety, tobacco control, consumer protection and broadcasting law sit with different regulators, so a single advertisement attracts overlapping and slow proceedings. Eg. The present notices invoke the Food Safety and Standards Act, 2006, the Consumer Protection Act, 2019 and the Cigarettes and Other Tobacco Products Act, 2003 simultaneously.
    3. State variation in prohibition: A product prohibited in one State is lawfully sold in another, so a national advertisement cannot be uniformly assessed. Eg. Gutkha and tobacco-bearing pan masala have been banned by successive State notifications under the 2011 sales regulations, with renewal cycles differing across States.
    4. Penalty scale against advertising budgets: A ceiling of Rs 10 lakh on the endorser is small relative to the value of a national campaign, which weakens deterrence. Eg. Pan masala brands are among the largest advertisers during high-viewership sporting events.
    5. Digital and influencer channels: Enforcement designed for television and print struggles with content distributed through social platforms and regional influencers. Eg. The Central Consumer Protection Authority had to issue separate endorsement disclosure guidelines for social media influencers in 2023.
    6. Cross-border and streaming content: Advertisements and product placement travel through streaming services and platforms hosted outside the regulator’s reach. Eg. Anti-tobacco warning requirements had to be extended to over-the-top streaming content through separate rules notified in 2023.
    7. Health burden after prohibition: Prohibition of sale has not removed consumption, since smokeless tobacco moves through informal retail. Eg. Smokeless tobacco use remains widespread in States where gutkha has been banned for more than a decade.

    Conclusion

    The notices turn on a single legal question: whether an advertisement for a lawful cardamom product functions as indirect promotion of a prohibited tobacco-related product carrying the same brand identity. The FDA has invoked food safety, consumer protection and tobacco-control law together and directed the removal of the associated content. The actors have 15 days to file a written explanation with documentary evidence, and may seek a personal hearing.

    “[2018] Consider the following statements:

    1. The Food Safety and Standards Act, 2006 replaced the Prevention of Food Adulteration Act, 1954.

    2. The Food Safety and Standard Authority of India (FSSAI) is under the charge of Director General of Health Services in the Union Ministry of Health and Family Welfare.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Panel to review nuclear liability caps every 5 years

    Why in the News

    Draft rules released by the Department of Atomic Energy on 14 August 2026 require an expert group to review the graded caps on nuclear operators’ civil liability once every five years. The review reaches only the operator’s cap, and leaves untouched the removal of the supplier’s statutory liability that is now the subject of a challenge in the Supreme Court.

    What is the Sustainable Harnessing and Advancing Nuclear Energy for Transitioning India (SHANTI) Act, 2025?

    1. About: The SHANTI Act, 2025 replaces both the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010 (CLNDA) in a single unified statute, and is the first comprehensive overhaul of India’s nuclear power regime since independence.
    2. What it opens: The Act allows private entities to own and operate nuclear power plants for the first time, covering construction, transport, storage, import, export and handling of nuclear material, with mandatory authorisation from the Atomic Energy Regulatory Board for every activity.
    3. What it retains for the State: The government keeps an exclusive monopoly over enrichment, isotope separation, spent fuel reprocessing and radioactive waste management, so the fuel cycle remains entirely in the public sector.
    4. What it changed on liability: The Act’s Second Schedule introduced graded liability caps based on the size of a nuclear installation, replacing the earlier flat cap of Rs 1,500 crore under the CLNDA.

    What is an operator’s right of recourse?

    1. About: A right of recourse is the operator’s ability, after paying compensation for nuclear damage, to recover that amount from another party responsible for the incident.
    2. Why it is contested: The scope of this right decides whether the financial consequence of a defective component rests with the plant operator or travels back to the equipment supplier.

    What does Rule 78 of the draft rules provide?

    1. A standing review, not an occasional one: Rule 78 requires the Central government to constitute a group of experts to review the maximum limits of the operator’s civil liability for nuclear damage once every five years.
    2. Composition of the expert group: The group draws from nuclear science and engineering, actuarial science, insurance and law, together with public-interest representatives.
    3. What it can recommend: The group may propose amendments to the Second Schedule of the Act, which is where the graded caps sit.
    4. How this differs from the earlier law: Section 6 of the now-repealed CLNDA also allowed the Centre to periodically review the operator’s liability and notify a higher amount. The draft rules add a defined time period within which that review must happen.

    What are the graded liability caps under the Second Schedule?

    1. Above 3,600 Megawatt-electric (MWe): Operators of reactors above 3,600 MWe face a maximum liability of Rs 3,000 crore. MWe measures the electrical output of a reactor as distinct from its thermal output.
    2. 1,500 MWe to 3,600 MWe: Operators in this band face a cap of Rs 1,500 crore.
    3. 750 MWe to 1,500 MWe: The cap falls to Rs 750 crore.
    4. 150 MWe to 750 MWe: The cap falls to Rs 300 crore.
    5. Up to 150 MWe and other facilities: For reactors up to 150 MWe, for fuel-cycle facilities other than spent-fuel reprocessing plants, and for the transportation of nuclear material, liability is capped at Rs 100 crore.

    How has the operator’s right of recourse against suppliers changed?

    1. The three grounds under the old law: Section 17 of the CLNDA gave the operator a right of recourse where the right was expressly provided for in a written contract, where the incident resulted from an act of the supplier or the supplier’s employee including supply of equipment or material with patent or latent defects or sub-standard services, and where the incident resulted from an act or omission of an individual done with intent to cause nuclear damage.
    2. What survives: The new law retains the contractual ground and the intentional damage ground.
    3. What has been dropped: The supplier defect ground has been omitted, and it was the provision that exposed nuclear equipment vendors to long-term and uncertain liability risk in the event of an accident.
    4. What replaces it: Operators may now seek recourse from suppliers only through what they negotiate into a contract, which moves the question from statute to bargaining power.
    5. What it unblocks: Removing the statutory supplier exposure directly addresses the objection that kept foreign vendors out of Indian projects for over a decade.

    Why is the liability framework being challenged in the Supreme Court?

    1. The grounds pleaded: A petition challenges the Act for allowing private sector and foreign companies to operate nuclear power plants in India, for capping the liability of these operators at what it calls an absurdly low level, and for exempting the supplier from any liability, in violation of the Constitution.
    2. The accountability objection: Opening the sector to private operators while capping their exposure shifts residual risk from the operator to the exchequer and ultimately to victims.
    3. The five-yearly review does not answer it: Rule 78 allows the operator’s cap to be revised upward over time. It creates no mechanism to restore a supplier’s statutory liability, which the Act has removed from the framework entirely.
    4. The competing objective: Liability certainty is the precondition foreign vendors set for entering Indian projects, so the same provision that draws the petition is the one that makes the capacity expansion arithmetic feasible.

    What challenges does India’s civil nuclear liability framework face?

    1. A cap fixed in nominal terms erodes with inflation: A rupee figure written into a Schedule loses real value between revisions, so the five-year cycle sets the pace at which protection decays. Eg. The flat cap under the Civil Liability for Nuclear Damage Act, 2010 stood unrevised from 2010 until the SHANTI Act, 2025 replaced it with graded caps.
    2. Caps far below the actual cost of a severe accident: Graded caps measured in thousands of crores do not approach the cost of a major release. Eg. Cleanup and compensation costs after the 2011 Fukushima accident in Japan ran to tens of trillions of yen, orders of magnitude above any cap in the Second Schedule.
    3. Thin domestic insurance capacity for nuclear risk: Operators must place cover for the capped amount in a market with few underwriters willing to carry nuclear exposure. Eg. The India Nuclear Insurance Pool was created in 2015 precisely because individual insurers would not write the risk alone.
    4. Contractual recourse depends on bargaining power: With the statutory supplier ground removed, a smaller operator negotiating with a global vendor has little leverage to secure recourse in the contract. Eg. Jaitapur negotiations with the French vendor stalled for years over tariff and liability terms even while the statutory provision was in force.
    5. Regulatory independence still being built out: The Atomic Energy Regulatory Board has only now received statutory authority, having previously reported to the Department of Atomic Energy it was meant to regulate. Eg. The SHANTI Act, 2025 grants the Board statutory status for the first time and places its expenditure under the Comptroller and Auditor General.
    6. Claims machinery untested at scale: A dedicated claims commission exists on paper without a demonstrated record of settling mass claims quickly. Eg. The Act establishes a Nuclear Damage Claims Commission with appeals to the Electricity Appellate Tribunal, neither of which has adjudicated a nuclear damage claim.
    7. Public acceptance and siting resistance: Liability caps read as a transfer of risk to communities near installations, which hardens local opposition to siting. Eg. Sustained local protest at Kudankulam in Tamil Nadu delayed commissioning of the first units for years.

    Conclusion

    The five-yearly expert review converts a static Schedule of liability caps into a periodically revisable one, which is a real improvement on a flat figure left unrevised for fifteen years. It does not address the change that drew the litigation, since the supplier’s statutory exposure has been removed rather than capped, and no review clause can restore it. The measure currently stands at the draft rules stage, and the source states no date for the close of the comment window or for notification of the final rules, with the constitutional challenge to the Act pending before the Supreme Court.

    “[2018, GS3, 15] With growing energy needs should India keep on expanding its nuclear energy programme? Discuss the facts and fears associated with nuclear energy.”

  • Congress-ruled states to move court against new mines law

    Why in the News

    State governments where the Congress is in power are preparing to challenge the Mines and Minerals (Development and Regulation) Amendment Act, 2026 in the Supreme Court, on the ground that it undermines the rights of the States. The Act, passed by the House on 13 August 2026, seeks to curb the power of States to levy taxes on mineral rights and mineral bearing lands. That power was confirmed as belonging to the States by a nine judge Bench two years ago, so the dispute is over whether Parliament can legislate away a taxing entry the Court has read as independent.

    What is the Mines and Minerals (Development and Regulation) Act, 1957?

    1. What it is: The Mines and Minerals (Development and Regulation) Act, 1957, referred to as the MMDR Act, is the parent law governing every mineral in India except petroleum and natural gas.
    2. The core split it creates: The State Government owns the mineral in its territory. The Central Government decides the rules, fixes the royalty rate for major minerals and, for some categories, conducts the auction.
    3. How a block reaches a miner: Someone auctions the block, the State signs the lease, and the company mines. The State signs the lease in every case, including where the Centre ran the auction.
    4. Where the money goes: Royalty, dead rent and the auction premium go to the State in every case, with offshore blocks the only exception.

    What is the current status of State taxing power over minerals in India?

    1. The settled position since 2024: A nine judge Bench of the Supreme Court in Mineral Area Development Authority v Steel Authority of India, decided eight to one in 2024, held that States hold an independent power under Entry 50 of the State List to levy taxes on mineral rights, and that the MMDR Act does not take that power away.
    2. The distinction the ruling rests on: Royalty is not a tax. It is consideration paid to the State as the owner of the mineral, which is why a State levy on mineral rights is a separate and additional exercise of power.
    3. What the ruling overturned: India Cement v State of Tamil Nadu (1990), which had held royalty to be a tax and State cesses on royalty to be beyond State competence, stands overruled.
    4. The recovery window: States may recover past dues from 1 April 2005, in instalments spread over twelve years beginning 1 April 2026, without interest or penalty on the earlier period.
    5. What the ruling did not give the States: It conferred a power to tax mineral rights, not a power to fix the royalty rate. Royalty rates for major minerals continue to be set centrally under the Second Schedule to the MMDR Act.
    6. What the 2026 amendment now does to that position: The Act passed on 13 August 2026 seeks to curb the power of States to levy taxes on mineral rights and mineral bearing lands, which is the power the 2024 ruling had recognised.

    Constitutional Provisions Related to Mineral Rights and Legislative Competence

    1. Entry 54, Union List: Regulation of mines and mineral development, to the extent that Parliament by law declares such Union control to be expedient in the public interest.
    2. Entry 23, State List: Regulation of mines and mineral development, expressly made subject to the provisions of Entry 54 of the Union List.
    3. Entry 50, State List: Taxes on mineral rights, subject to any limitations imposed by Parliament by law relating to mineral development.
    4. Entry 49, State List: Taxes on lands and buildings, the entry under which States tax mineral bearing land.
    5. Entry 55, Union List: Regulation of labour and safety in mines and oilfields.
    6. Article 297: Vests in the Union all lands, minerals and other things of value underlying the ocean within the territorial waters, the continental shelf and the exclusive economic zone.
    7. Article 246: Distributes legislative power between Parliament and the State legislatures across the three Lists.
    8. Article 265: Provides that no tax shall be levied or collected except by authority of law.
    9. Article 131: Confers original jurisdiction on the Supreme Court in a dispute between the Government of India and one or more States, the route through which a State sues over a central statute.

    What is royalty on minerals?

    1. What it is: Royalty is the payment a lessee makes to the owner of the mineral for the mineral removed or consumed, calculated mostly on an ad valorem basis on the average sale price published by the Indian Bureau of Mines.
    2. Who sets it and who receives it: The Centre fixes the rate for major minerals through the Second Schedule to the MMDR Act, and the State fixes it for minor minerals. The State Government receives it in both cases.

    What is a minor mineral?

    1. The statutory definition: Section 3(e) of the MMDR Act names building stones, gravel, ordinary clay and ordinary sand as minor minerals, and allows the Centre to notify any other mineral as minor. Everything not notified as minor is a major mineral, defined negatively with no positive list.
    2. Who controls them: Section 15 gives States exclusive power to frame minor mineral rules and to fix minor mineral royalty, so the Centre’s power over minor minerals is limited to deciding what enters the category.

    What does the Mines and Minerals (Development and Regulation) Amendment Act, 2026 change?

    1. The core change: The Act seeks to curb the power of States to levy taxes on mineral rights and on mineral bearing lands.
    2. The scope claimed for it: The Centre states that it is seeking to regulate only major minerals such as coal, limestone, iron ore, copper and manganese.
    3. What is stated to be left untouched: The States would continue to have powers over 49 minor minerals.
    4. The stated purpose: The Union Minister of Mines told the Rajya Sabha that the legislation does not seek to interfere with the autonomy or revenue rights of States, and that it aims only to ensure uniform mineral rates across the country.
    5. The stage it has reached: The Act was passed by the House on 13 August 2026.

    Which States are challenging the Act and on what ground?

    1. The States on board: Karnataka, Telangana and Himachal Pradesh are already committed to challenging the amendment Act in the Supreme Court.
    2. The State still being negotiated: The Congress is in talks with its ally the Jharkhand Mukti Morcha to get the Jharkhand government to join the challenge.
    3. The stated ground: The party alleges that the law undermines the rights of the States.
    4. The demand short of litigation: The Karnataka Deputy Chief Minister urged the Centre to withdraw the amendment Act, objecting to its restrictive provisions.
    5. The federal framing from Kerala: The Kerala Chief Minister stated that the amendments to the Act are against federal principles.

    How can a State challenge a central law?

    1. The original suit route: A State may institute an original suit against the Government of India in the Supreme Court under Article 131, which is the route available where the dispute involves a question on which a legal right of the State depends.
    2. The writ route is not open to a State in the same way: Article 32 is a remedy for enforcement of fundamental rights, and a State is not a person entitled to fundamental rights, so a State ordinarily proceeds under Article 131 rather than Article 32.
    3. Why the choice of route matters here: An Article 131 suit frames the matter as a Centre State dispute over legislative competence rather than as a grievance of an affected mining company.
    4. The competence question that will be argued: The dispute turns on whether the 2026 Act is a limitation of the kind Entry 50 permits Parliament to impose, or an extinguishing of the entry itself.
    5. The precedent that will be relied on: The 2024 nine judge ruling held that the MMDR Act as it then stood did not take away the Entry 50 power, which leaves open whether a later Act can impose limitations that empty it.

    Major debates surrounding State taxation of mineral rights

    1. Ownership against regulation: The State owns the mineral and receives the royalty, while the Centre fixes the rate and writes the rules, so the party bearing the social and environmental cost of mining does not set the price of it.
    2. Competing readings of one entry: Entry 50 is read either as a State power with a boundary Parliament may draw, or as a power Parliament may narrow until nothing is left of it.
    3. A tax entry against a regulatory entry: Entry 54 of the Union List is a regulatory entry over mineral development, and the question is whether a regulatory power carries with it the power to restrict a taxing entry in the State List.
    4. Two landmark rulings in tension: India Cement (1990) treated royalty as a tax and denied State competence, and Mineral Area Development Authority (2024) treated royalty as consideration and affirmed it, so the sector has operated under opposite rules within one generation.
    5. Uniform rates against fiscal autonomy: Uniform mineral rates across the country lower input cost volatility for steel, aluminium, cement and power, and remove a revenue instrument from the States where those minerals lie.
    6. The retrospective recovery question: Permitting recovery of dues from 1 April 2005 in instalments from 1 April 2026 exposes mineral users to a large accumulated liability, which is the practical trigger for legislative intervention.
    7. The empirical gap the dispute turns on: There is no agreed estimate of what the recovered dues and future State levies would add to the delivered cost of coal, iron ore and limestone, so both the revenue claim and the input cost claim rest on projections.

    Challenges to the new mineral taxation framework

    1. A single change alters two revenue streams at once: Curbing taxes on mineral rights and on mineral bearing lands touches Entry 50 and Entry 49 together, so States lose both an activity based and a property based levy. Eg. Several mineral States had begun framing levies immediately after the 2024 ruling recognised the Entry 50 power.
    2. Litigation freezes revenue planning on both sides: States cannot budget on a levy under challenge, and miners cannot provide for a liability that may be extinguished. Eg. Karnataka, Telangana and Himachal Pradesh have already committed to moving the Supreme Court against the Act.
    3. Uniform national rates ignore differences in deposit quality: A single rate across States taxes a high grade and a low grade deposit identically, which penalises the State with the harder ore body. Eg. Iron ore grades differ sharply between Odisha, Karnataka and Goa, with different beneficiation costs.
    4. The retrospective window collides with the amendment: Recovery of dues from 1 April 2005 was to start in instalments from 1 April 2026, the same period in which the curbing Act was passed. Eg. The twelve year instalment schedule the Court allowed begins precisely when the new restriction takes effect.
    5. The distinction between royalty and tax remains contestable in practice: A State levy structured on the royalty amount can be characterised as a tax on mineral rights or as a levy on land, which invites classification disputes at every notification. Eg. District Mineral Foundation contributions are already computed on the royalty amount rather than on sale value.
    6. Mining States bear the externalities regardless of the tax outcome: Land degradation, dust pollution, groundwater disruption and displacement fall on the district whether or not the State can levy. Eg. The mineral belt overlaps the Fifth Schedule tribal belt almost exactly.
    7. Investment decisions stall while competence is unsettled: Long gestation mining projects require certainty on the total payment stack over a fifty year lease. Eg. A mining lease under the MMDR Act runs for fifty years, far longer than the litigation cycle over the levy.

    Conclusion

    The Mines and Minerals (Development and Regulation) Amendment Act, 2026 has been passed by the House on 13 August 2026 and seeks to curb State powers to tax mineral rights and mineral bearing lands. The next step is a challenge in the Supreme Court, with Karnataka, Telangana and Himachal Pradesh committed and Jharkhand still under negotiation, and the source states no date for filing. The dispute is not about who owns the mineral, which is settled, but about whether a taxing entry in the State List can be narrowed by a central law made under a regulatory entry in the Union List. Until that is answered, the sector operates with two revenue claims on the same rupee.

    “[2025] Consider the following statements:

    Statement I: In India, State Governments have no power for making rules for grant of concessions in respect of extraction of minor minerals even though such minerals are located in their territories.

    Statement II: In India, the Central Government has the power to notify minor minerals under the relevant law.

    Which one of the following is correct in respect of the above statements?

    (a) Both Statement I and Statement II are correct and Statement II explains Statement I

    (b) Both Statement I and Statement II are correct but Statement II does not explain Statement I

    (c) Statement I is correct but Statement II is not correct

    (d) Statement I is not correct but Statement II is correct |

  • This is not the end. They will be back

    Why in the News

    Students wound down a 36-day protest at Jantar Mantar a month after their attempted march on Parliament. The state conceded the movement’s central demand within days of a crackdown that left over 100 injured, which separates the state’s capacity to repress from its capacity to prevail.

    What is the Cockroach movement?

    1. About: A student movement that held a 36-day protest at Jantar Mantar in Delhi and attempted a march on Parliament, built around demands on examination integrity and employment.
    2. Origin of the name: The movement took its name from an insult directed at its participants, which landed because it confirmed a generational suspicion that the system discounts merit in favour of proximity to power and capital.
    3. Structure: It is a distributed structure of social-media accounts, campus unions and Left student federations moving in loose, non-hierarchical coordination.
    4. Founder and allies: Its founder is a young man skilled at communications rather than a moral authority, and its closest unifying figure, Sonam Wangchuk, was an ally who lent his hunger strike to a cause he did not create.

    How does its structure differ from earlier Indian mass movements?

    1. The older template: Every major mass movement in India over the last century organised itself around a moral authority, with Gandhi, Jayaprakash Narayan and Anna Hazare as the reference points.
    2. The inversion: The Cockroach movement inverted that template, since its organisational logic makes a singular leader almost unnecessary for mobilisation.
    3. Where a leader may still be needed: A single figure may eventually become necessary for consolidation, which is a different task from mobilisation.
    4. Resilience without a leader: The movement functions less as a single episode than as a recurring condition that has found a name and a shared vocabulary, which gives it a resilience no single leader could provide.

    What does a leaderless structure gain and what does it cost?

    1. The gain: A leaderless structure is hard for the state to decapitate, since there is no single node whose removal stops the movement.
    2. The three costs: Coalitions without a centre struggle to negotiate coherently, to discipline internal tactical disagreement, and to convert a moment of mobilisation into an institution.
    3. The precedent: India Against Corruption never built that institutional layer, unlike the Aam Aadmi Party it produced. The movement dissolved and the party it created persisted.
    4. The open question: Whether anyone is building an equivalent institutional layer beneath the surface of the Cockroach movement is the most important unresolved question about it.
    5. The untested capacity: Sustaining coherence and pressure over years is a capacity the movement has not yet had occasion to demonstrate.

    Why did coercive dominance not deliver the outcome it promised?

    1. The asymmetry of resources: The state fields cadre strength, a police and paramilitary apparatus, and financial resources that no youth movement funded by small donations can match.
    2. The crackdown: When protestors tried to march on Parliament, the police response left over 100 injured and dozens arrested, with the record showing violence running in one direction only.
    3. The concession: Within days of the crackdown, the government conceded the central demand.
    4. The distinction that follows: The episode separates the state’s capacity to repress from its capacity to prevail, and disproves any account in which coercive machinery automatically wins.
    5. The exposure of the machinery: The students left behind a dazed government, a confused leadership and a police machinery exposed as brutal and lacking the sensitivity the moment required.

    Why was the medical entrance examination leak a trigger rather than a cause?

    1. The distinction: The leak of the National Eligibility cum Entrance Test (NEET), the single national entrance examination for undergraduate medical admission, is a scandal rather than a structural condition. Only a movement fuelled by a structural condition survives the resolution of the immediate grievance.
    2. The labour market: Underneath the leak sits a labour market that cannot absorb the graduates it produces.
    3. The examination system: The examination and recruitment system is widely perceived as corruptible, which is a standing condition rather than a single episode.
    4. The rural crisis: A rural unemployment crisis draws less media attention than its urban counterpart and is arguably deeper and more intractable.
    5. What the insult confirmed: The name given to the movement stuck because it matched what a generation already believed about how selection actually works.

    What separates a low-cost concession from a structural demand?

    1. The cheap concession: A single resignation is a low-cost concession, which is why the government conceded it quickly.
    2. The expensive demands: Systemic examination reform, large-scale job creation and accountability for the crackdown are much harder fiscally and politically.
    3. The durability test: Extracting one concession through a low-cost demand is a different task from sustaining pressure on a structural condition with no single remediable trigger.
    4. What the movement has proved: The movement has already outperformed what its lack of centralised leadership would predict.
    5. What remains unproved: Whether a leaderless coalition can maintain coherence and pressure over years is the test the movement has not yet faced.

    Challenges to Sustaining the Movement

    1. Negotiating without a centre: A distributed coalition cannot make binding commitments across the table, since no faction can deliver the others. Eg. India Against Corruption fragmented once talks moved from street demands to draft legislation, with its constituent groups splitting over the text of the Lokpal Bill.
    2. Conversion into an institution: Movements that do not build an organisational layer dissolve when the immediate demand is met. Eg. The Aam Aadmi Party survived the collapse of India Against Corruption because it built an electoral machine, and the parent movement did not.
    3. State response confined to force: The government has shown no evident plan beyond force, and a ham-handed approach paired with the hope that pressure deters the youth is likely to misfire. Eg. Appointing a committee whose composition is unpalatable to the protestors solves nothing and hardens positions.
    4. Funding asymmetry: A movement funded by small donations cannot sustain legal defence, medical costs and logistics against a prolonged state response. Eg. Dozens arrested after the Parliament march face criminal proceedings that will run for years.
    5. Attention decay: A structural condition without a fresh scandal loses media attention, and rural distress attracts less coverage than its urban counterpart. Eg. Rural unemployment runs deeper than urban graduate unemployment and receives far less national coverage.
    6. Substituting identity for mobility: Where the economic route to status narrows, religion, nationalism, caste and online tribes supply the standing a salary does not, which fractures a common economic demand. Eg. Youth mobilisation in India has repeatedly shifted from employment demands to identity assertion within the same cohort.

    Conclusion

    The movement’s durability rests not on its leaderlessness but on whether a distributed coalition can convert a structural grievance into sustained institutional pressure. The state conceded a single resignation quickly and left the labour market, the examination system and rural unemployment untouched. What is needed on the government’s side is a return to the drawing board rather than force paired with a committee the protestors reject. The alternative is a long confrontation with a generation the state has not learned how to answer.

    “[2024, GS2, 15] What are the aims and objects of the recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act?”

  • Five years after Taliban takeover, life in Afghanistan marred by many struggles

    Why in the News

    Five years have passed since the Taliban entered Kabul on 15 August 2021, ending the United States led military presence and the Islamic Republic that had governed Afghanistan for two decades. The Taliban have converted military victory into durable control of institutions, borders and revenue, without converting it into recognition, economic recovery or rights for women. That gap defines the position every state now has to work around, including India.

    What is a de facto government?

    1. Definition: A de facto government is an authority that exercises effective control over a territory and its population without being formally recognised as its lawful government by other states. Control is a question of fact, recognition a question of law.
    2. What recognition does: Recognising a government endorses its authority to represent the state internationally, while withholding recognition does not deny that the state itself exists.
    3. Why states still transact: Border management, humanitarian delivery and consular work require dealing with whoever controls territory, which produces engagement without recognition.
    4. What non recognition costs the authority: It blocks the state’s seat at international organisations, access to central bank reserves held abroad and formal sovereign borrowing.

    What is the Islamic State-Khorasan Province?

    1. What it is: The Islamic State-Khorasan Province (ISKP) is the regional branch of the Islamic State operating in Afghanistan, Pakistan and parts of Central Asia, formed in 2015.
    2. Its relationship with the Taliban: It rejects the Taliban’s authority as insufficiently doctrinaire and is an armed rival rather than an ally, which is why the Taliban conduct operations against it.

    What has actually changed in Afghanistan’s security situation since 2021?

    1. The war ended: The most immediate change was the end of the war between the Taliban and the then Afghan government.
    2. The withdrawal and the collapse: The United States and NATO completed their military withdrawal in August 2021, and Afghan security forces collapsed soon afterwards.
    3. Consolidation of control: The Taliban control Afghanistan’s major government institutions, security forces and borders, and armed opposition groups have not been able to mount a significant nationwide challenge.
    4. No comparable conflict: There is now no nationwide armed conflict comparable to the fighting that took place before 2021.
    5. What it means on the ground: Roads previously affected by battles and checkpoints are generally more accessible, and the risk of being caught in clashes between the Taliban and government forces has fallen.

    Why has the end of the war not meant the end of violence?

    1. A surviving armed rival: The Islamic State-Khorasan Province remains active and has carried out attacks against civilians, Taliban officials and foreign nationals.
    2. Counter operations: The Taliban have carried out operations against the group, which makes the conflict internal rather than against a foreign force.
    3. Deteriorating relations with Pakistan: The two countries have repeatedly accused each other of allowing militant groups to operate from their territory.
    4. Frequency of border clashes: Clashes along the border have become more frequent since 2021.
    5. A reversal of the earlier relationship: Pakistan had been an important supporter of the Taliban for years, but since 2021 Islamabad’s concerns over militant attacks and border security have increasingly complicated relations with Kabul.

    How far have restrictions on women gone, and what do they cost in the long run?

    1. The initial assurance: When the Taliban took control in 2021 they said they would respect women’s rights under their interpretation of Islamic law.
    2. What followed: Restrictions on women have steadily increased rather than stabilised at the level announced.
    3. Education: Girls remain barred from secondary education and higher education.
    4. Employment and movement: Women have been excluded from many areas of employment and face restrictions on movement and on access to public spaces, affecting almost every aspect of participation in public life.
    5. The pipeline effect: Girls unable to complete school cannot move on to university or professional training, which means fewer women will enter professions such as medicine, teaching, journalism and public administration.

    Why is economic stability not the same as economic recovery?

    1. The pre 2021 base: International aid accounted for a significant part of government spending and economic activity before the takeover.
    2. The shock: The withdrawal of foreign troops and the sudden reduction in aid created a major economic shock, and there were fears that the Afghan economy could collapse.
    3. What the Taliban did instead: The administration increased domestic revenue collection, tried to expand trade with neighbouring countries, invested in infrastructure and attempted to raise economic activity within the country.
    4. The result: Afghanistan has achieved a degree of economic stability since the severe crisis that followed the takeover, but stability is not recovery.
    5. What stability leaves untouched: Poverty remains widespread, unemployment remains a major problem, and humanitarian assistance continues to be important for millions of Afghans.
    6. A new pressure: The country is dealing with the return of large numbers of Afghans from Pakistan and Iran, whose arrival has created additional pressure on housing, employment and public services.

    What do other countries’ positions show about the limits of non-recognition?

    1. The general position: The Taliban regime has not received widespread international recognition, and most countries continue to avoid formally recognising it as Afghanistan’s legitimate government.
    2. The stated grounds: The main concerns are restrictions on women, the absence of an inclusive political system, and questions about terrorism and human rights.
    3. Russia: Russia has formally recognised the Taliban regime, making it the outlier among major powers.
    4. China and the United Arab Emirates: Both have accepted Taliban appointed ambassadors, which is operational acceptance short of formal recognition.
    5. Western governments: Several Western governments have maintained contact with Taliban officials without extending recognition.
    6. The common driver: Countries have increasingly had to deal with the Taliban because they control Afghanistan, which shows that control eventually compels engagement even where it does not compel recognition.

    What explains India’s shift from distance to pragmatic engagement?

    1. The posture: India has followed a cautious but increasingly pragmatic approach towards the Taliban since they returned to power in August 2021.
    2. The line held: New Delhi did not recognise the Taliban regime, and has expanded diplomatic engagement without altering that position.
    3. Return of presence: India reopened its diplomatic mission in Kabul in 2022.
    4. Continuing assistance: India continued providing humanitarian assistance, including food, medicines and other supplies.
    5. The turning point: The engagement became more significant in 2025 with the visit of the Taliban Foreign Minister.
    6. Why Afghanistan matters: Security is one of India’s biggest concerns in relation to Afghanistan, and Pakistan is the other factor shaping the calculation.

    Challenges to India’s Afghanistan policy

    1. Engagement without recognition has no legal footing: Agreements reached with an unrecognised authority cannot be enforced or registered internationally. Eg. India’s diplomatic mission in Kabul, reopened in 2022, operates as a technical mission rather than a full embassy.
    2. Overland access runs through a hostile neighbour: India has no land route to Afghanistan that does not cross Pakistan. Eg. India’s wheat consignments to Afghanistan required specific Pakistani transit permission in 2022 for movement through the Wagah crossing.
    3. Dependence on a sanctioned transit route: The alternative sea and land corridor runs through Iran, which carries its own sanctions exposure. Eg. India’s ten year contract of May 2024 to operate the Shahid Beheshti terminal at Chabahar depends on a project specific sanctions exemption.
    4. Stranded development assets: India built infrastructure whose upkeep now depends on an authority it does not recognise. Eg. The Afghan Parliament building inaugurated in 2015 and the Afghan India Friendship Dam at Salma completed in 2016 both sit under Taliban administration.
    5. Reputational cost of engaging a rights violating authority: Expanded contact runs against India’s own stated positions on women’s rights. Eg. Girls in Afghanistan remain barred from secondary and higher education while diplomatic engagement expands.
    6. Competition from states willing to recognise: Recognition buys influence that engagement alone does not. Eg. Russia formally recognised the Taliban regime, and China and the United Arab Emirates accepted Taliban appointed ambassadors.
    7. Terrorism risk that engagement cannot eliminate: Groups hostile to India retain sanctuary regardless of the state of India Kabul relations. Eg. The Islamic State-Khorasan Province has attacked foreign nationals in Afghanistan, including a Sikh gurdwara in Kabul in June 2022.

    Conclusion

    Five years after the takeover, the Taliban hold Afghanistan’s institutions, borders and security forces, have arrested the economic collapse that was predicted, and face no nationwide armed challenge. They have not obtained recognition, have not converted stability into recovery, and have deepened rather than relaxed the restrictions that keep recognition out of reach. The unresolved question is whether states that must deal with a de facto authority can extract any change in its conduct through engagement alone, since Russia’s recognition and India’s non recognition have so far produced the same behaviour from Kabul.

    “[2013, GS2, 10] The proposed withdrawal of International Security Assistance Force (ISAF) from Afghanistan in 2014 is fraught with major security implications for the countries of the region. Examine in light of the fact that India is faced with a plethora of challenges and needs to safeguard its own strategic interests.”

  • Core industrial sector growth slows to 5.4% in July as fertilizer, steel, iron ore, oil output falls

    Why in the News

    Growth in India’s nine core industrial sectors slowed to 5.4% in July 2026 from 6% in June, according to official data released on 20 August 2026. The headline number is being held up by cement, electricity and a low-base rebound in iron ore and coal, at a time when the input industries feeding manufacturing and the domestic energy producers are contracting.

    What is the Index of Core Industries?

    1. About: The Index of Core Industries (ICI) measures the combined production performance of nine industries that supply inputs and energy to the rest of the economy, and is released monthly by the Ministry of Commerce and Industry.
    2. The nine sectors: Coal, crude oil, natural gas, refinery products, fertilizers, steel, iron ore, cement and electricity.
    3. New series: A new series of the index was released in July 2026 with 2022-23 as the base year, replacing the 2011-12 base year, and July’s reading is the second print of the revamped index.
    4. Break in comparability: Because of the base year change, a historical comparison on the new series is possible only up to June 2025.

    How did each of the nine sectors perform in July 2026?

    1. Cement: Growth hit 13.1% in July, a seven-month high, up from 11.1% growth in July of last year.
    2. Iron ore: Growth slowed to 29.5% in July from 44.5% in June, the biggest shift among the nine sectors.
    3. Electricity: The sector grew 9% in July, slower than the 11.4% recorded in June.
    4. Coal: Growth reached 7.6% in July 2026, an eleven-month high, against a contraction of 12.3% in July last year.
    5. Steel: Growth slowed to 2.9% in July, the lowest in the 14 months for which data exists on the new series, down from 5.6% in June.
    6. Refinery products: The sector grew 2.7% in July, snapping a three-month streak of contractions and delivering its best performance in nine months.
    7. Natural gas: The sector contracted 3.7% in July 2026, part of an unbroken run of contractions across all 14 months for which data exists.
    8. Crude oil: The sector contracted 5.3% in July 2026, also contracting continuously across the same 14 months.
    9. Fertilizers: The sector contracted 8% in July against a contraction of 3.3% in June, having grown 1.9% in July of last year.

    Why does the headline growth rate overstate the underlying recovery?

    1. The fastest growing sector is rebounding off a collapse: Iron ore’s 29.5% growth sits on a base in which the sector contracted 16.4% in June and 7.1% in July of last year.
    2. Coal’s eleven-month high has the same explanation: The 7.6% reading follows a 12.3% contraction in July last year, so the level of output has not necessarily exceeded its earlier peak.
    3. A truncated series hides the longer trend: With comparison possible only back to June 2025, a fourteen-month record is the longest statement the data supports about any sector.
    4. Composite growth masks divergence: July’s 5.4% was still the second-fastest reading in seven months, even as three of the nine sectors were in contraction.

    What explains the contraction in fertilizers and in domestic energy output?

    1. Monsoon transmission into fertilizer demand: The 8% fertilizer contraction is attributed to a deficient and patchy monsoon and the resultant lower levels of sowing, which cut the demand fertilizer plants produce for.
    2. A structural decline in domestic hydrocarbons: Natural gas and crude oil have contracted in every one of the 14 months for which data exists, which is a production trend rather than a monthly disturbance.
    3. Refining recovered while extraction did not: Refinery products returned to growth in July even as the crude oil that feeds refineries kept contracting, which widens the gap filled by imports.
    4. Steel weakness alongside cement strength: Steel growth fell to a fourteen-month low in the same month that cement growth hit a seven-month high, so construction activity is not translating into metal demand.

    “[2015] In the ‘Index of Eight Core Industries’, which one of the following is given the highest weight?

    (a) Coal Production

    (b) Electricity generation

    (c) Fertilizer production

    (d) Steel production

  • Can free public technology break the private coaching industry?

    Why in the News

    The Independence Day address of 15 August 2026 announced that the government will roll out free online coaching for competitive examinations using India’s digital public infrastructure. The announcement raises a question free access alone cannot settle, since the coaching industry sells structure, assessment and test strategy rather than lectures.

    What is the proposed free online coaching network?

    1. About: A publicly funded online coaching service for aspirants of competitive examinations, to be built on India’s existing digital public infrastructure, teachers and talent.
    2. Stated purpose: The stated objective is to save poor and middle-class families thousands of crores of rupees and to let students prepare without leaving their homes.
    3. Trigger for the announcement: The announcement was framed as an outreach to Gen-Z youth, following widespread student protests against the National Eligibility cum Entrance Test (NEET) paper leak.
    4. Design question left open: The current thinking within government is one course per examination, against a proposal for a single layered stack serving many examinations.

    What is SWAYAM?

    1. About: Study Webs of Active Learning for Young Aspiring Minds (SWAYAM) is the government’s massive open online course platform, offering courses from Class 9 to post-graduation free of cost to any learner.

    What is SAATHI?

    1. About: Self Assessment Test and Help for Entrance Exams (SAATHI) is a free preparation platform and application for national entrance examinations, carrying lectures and practice tests for aspirants.

    What is agentic artificial intelligence?

    1. About: Agentic artificial intelligence describes systems that pursue a goal across multiple steps on their own, choosing actions and tools rather than answering a single prompt at a time.
    2. Why it is invoked here: In a learning platform it allows the system to diagnose a student’s weak areas, set the next task and adapt the sequence without a teacher directing each step.

    What is a digital twin in education?

    1. About: A digital twin is a live digital replica of a real system, updated with data from that system so changes can be tested on the replica first.
    2. Why it is invoked here: A digital twin of a course or a classroom lets a student tweak the model and reshape the learning path to individual need.

    Why does coaching dependency persist when schools and colleges exist?

    1. Two different objectives: The school aims to conceptualise learning and focuses on board examinations. Competitive examinations ask whether a student can outperform millions of others under severe time pressure.
    2. A separate skill set: The two are different dimensions and require a separate skill set, which the school curriculum is not designed to build.
    3. Where dependency begins: Students in Classes 9 and 10 are less dependent on coaching. Dependency starts in Classes 11 and 12 as students begin preparing for the Joint Entrance Examination (JEE) and NEET and have to solve complex questions.
    4. The gap in objectives: The board curriculum is not designed to prepare a student for the examinations that follow it, so the objectives of the two systems diverge sharply.

    What does the private coaching industry sell that free lectures do not?

    1. Structure: Coaching classes are structured and deliver on what they promise, which free access to recorded lectures does not reproduce.
    2. Assessment and doubt resolution: The industry provides weekly assessments and doubt-solving forums as part of the same package.
    3. Examination technique: Coaching centres teach rapid problem solving and test strategies, including eliminating wrong options to arrive at the right answer, which directly improves rank.
    4. Price is not always the barrier: Not all coaching courses cost lakhs of rupees. Some tutors offer the same structure through an application for a minimum charge of around Rs 700 to Rs 800.
    5. The human element: Personalised feedback and a competitive peer environment come from teachers who mentor a student emotionally and academically, which an online module alone cannot supply.

    Does free access break coaching dependency or add another video library?

    1. The equity reading: The announcement is a major intervention in education equity and an opportunity to redesign the competitive examination preparation ecosystem, so the probability of success depends less on family income, geography and access to an elite coaching centre.
    2. The dependency reading: Accessibility and affordability are not the main issues. The deeper issue is the dependency of the Indian education system on coaching, and a platform that does not end that dependency becomes another free access platform where videos are uploaded daily.
    3. Why existing platforms fall short: The existing public platforms are traditional in nature and are not designed for a cohort that wants mobile-based delivery, quick content in different formats and room to experiment outside a classroom.
    4. The resource argument: The government has ample funds and the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs) at its disposal, so it can make coaching free. The entire structure has to be incorporated, not only the lectures.
    5. The proposed middle path: A hybrid mechanism is needed, with skill hubs in schools that students attend physically for periodic mentoring alongside online classes, since the National Education Policy (NEP), 2020 already encourages skill hubs.

    Should the platform be one common stack or one platform per examination?

    1. The common stack case: India has over 100 major national-level examinations, including the Union Public Service Commission examinations, JEE and NEET, which attract millions of aspirants. About 70 to 80 per cent of these examinations have similar requirements for reasoning, language, general awareness and current affairs.
    2. The proposed grid: A national competitive learning and opportunity grid with a layered selection method would let a student adopt only the layers relevant to the examination being attempted.
    3. The dedicated platform case: The common stack model does not work in practice, since the same subject is taught differently for two examinations. Fundamental concepts in physics are the same for NEET and JEE, and the nature of the examination differs enough to require separate classes.
    4. The feasibility verdict: A common grid is a futuristic plan rather than a currently feasible one, so there should be one proper dedicated platform per examination.
    5. The dilution risk: Building coaching for all national examinations at one point risks diluting quality, which is why the scope of the plan has to be settled first.

    How can the last mile be reached?

    1. The double hurdle: Millions of students face two problems at once: the absence of reliable, high-speed Internet and electricity for online coaching, and examination centres located hundreds of kilometres away.
    2. Current coverage: Third generation and fourth generation mobile implementation has already reached tribal areas, so the residual problem is difficult terrain with low penetration and frequent disconnects.
    3. The satellite receiver: A small, compact ground antenna box is installed at a remote examination centre. The antenna connects directly to Low Earth Orbit (LEO) or Geostationary (GEO) satellites instead of relying on local broadband or mobile networks, in the manner of satellite television broadcasting.
    4. The offline base station: The base station receives the question paper from the satellite and stores it locally. It then acts as an offline server to display the paper or transmit it over short range to students.
    5. The digital answer pad: Students write answers with pen and paper placed over a small smart digital pad carrying short-range wireless capability such as near field communication or radio waves. The pad captures the answers as they are written, encrypts the data locally and saves it in real time, so no active Internet connection is needed during the test.
    6. The upload step: Once the examination ends and a satellite link connects, the local base station securely uploads all encrypted answer files back to the central examination authority.
    7. The low-technology alternative: Existing infrastructure can be improved instead, by installing smart boards, supplying all lectures, and having a mentor play the video and work through concepts and activities in front of the students.

    Challenges to the Free Online Coaching Network

    1. Content without structure: A platform that uploads lectures without weekly assessment and doubt resolution reproduces a library rather than a course. Eg. SWAYAM has run since 2017 with large enrolment and course completion rates that remain a small fraction of registrations.
    2. Device and bandwidth exclusion: Online delivery presumes a personal device and continuous data, which the poorest households do not have. Eg. The National Sample Survey round on education found that only about 8 per cent of rural households with members aged 5 to 24 had both a computer and an Internet connection.
    3. Teacher supply: A public platform needs subject teachers trained in examination technique, and the school system already runs short of teachers. Eg. Government schools carry lakhs of sanctioned teaching posts that lie vacant, with single-teacher schools still functioning in several States.
    4. Examination integrity: Moving preparation online does not address the leak risk in the examination itself, which is what triggered the protests. Eg. The NEET undergraduate paper leak of 2024 forced a re-examination and a Supreme Court-monitored review of the National Testing Agency’s processes.
    5. Coaching hubs and student distress: A free platform does not by itself dismantle the residential coaching economy or its pressures. Eg. Kota in Rajasthan recorded a series of student suicides, which led the district administration to mandate counselling and anti-suicide devices in hostels.
    6. Regional language coverage: Competitive examination content in Indian languages is thin, so a national platform in English replicates the existing advantage. Eg. NEET is conducted in 13 languages, and the supply of quality preparation material outside English and Hindi remains limited.
    7. Sustained financing: Platform costs are recurring, covering content refresh, mentors, assessment and bandwidth, and a one-time announcement does not fund them. Eg. Several State-run e-learning portals launched during the pandemic went dormant once the dedicated budget line lapsed.

    Conclusion

    Free public technology can lower the price of preparation, and price is not the mechanism that sustains coaching dependency. That dependency comes from the gap between what schools teach and what competitive examinations test, and from the structure, assessment and test strategy the coaching industry sells alongside its lectures. A public platform reduces dependency only if it reproduces that structure, adds physical mentoring through school skill hubs, and solves the connectivity and distance problem at the last mile. The scope question, one common stack against one platform per examination, remains unsettled and determines whether quality survives scale.

    “[2016] ‘SWAYAM’, an initiative of the Government of India, aims at

    (a) promoting the Self Help Groups in rural areas

    (b) providing financial and technical assistance to young start-up entrepreneurs

    (c) promoting the education and health of adolescent girls

    (d) providing affordable and quality education to the citizens for free

  • Collectors empowered to grant citizenship under CAA

    Why in the News

    The Union Ministry of Home Affairs (MHA) has transferred the processing of pending citizenship applications under the Citizenship Amendment Act, 2019 from centrally staffed Empowered Committees to District Collectors in eight States and Union Territories. The transfer reverses a centralising arrangement built two years earlier specifically to keep State machinery out of the process. It arrives after the political composition of the State that had resisted the law most strongly changed.

    What is the Citizenship Amendment Act, 2019?

    1. What it does: It amends the Citizenship Act, 1955 to create a route to Indian citizenship for members of six communities from three neighbouring countries who entered India before a fixed cut off date.
    2. Who it covers: It applies to Hindu, Sikh, Buddhist, Jain, Parsi and Christian migrants from Pakistan, Afghanistan and Bangladesh who entered India on or before 31 December 2014 without documents or illegally.
    3. How it operates: It inserts Section 6B into the Citizenship Act, 1955, under which such persons may be granted citizenship by registration or naturalisation, and it exempts them from being treated as illegal migrants.
    4. When it became operational: The Act was passed in December 2019, and the Citizenship (Amendment) Rules that made it operational came into effect on 11 March 2024, days before the 2024 General Election.

    What is Section 6B of the Citizenship Act, 1955?

    1. The provision: Section 6B is the enabling clause inserted by the 2019 amendment, under which the Central Government or an authority specified by it may grant a certificate of registration or naturalisation to a person covered by the Act.
    2. What it removes: It provides that proceedings pending against such a person in respect of illegal migration or citizenship stand abated on grant of citizenship, and that the person is deemed a citizen from the date of entry into India.

    What were the Empowered Committees?

    1. Composition: Each Empowered Committee was made up of Central Government officials, drawn from bodies including the Census organisation, the Intelligence Bureau (IB) and the postal department.
    2. Purpose: They were created to receive and clear citizenship applications without routing them through State government machinery, with at least four constituted, two of them at the district level.

    What does the 19 August order change in the processing chain?

    1. The transfer of pending cases: All applications pending before the Empowered Committees and the District Level Committees in the eight jurisdictions stand transferred to the concerned Collector.
    2. The jurisdictions covered: Gujarat, Rajasthan, Punjab, West Bengal, Assam except tribal areas, Tripura except tribal areas, Jammu and Kashmir, and Ladakh.
    3. The instrument used: The Citizenship (Third Amendment) Rules, 2026, notified on 19 August 2026, empower Collectors in these jurisdictions to receive, scrutinise and dispose of applications for registration or naturalisation under Section 6B.
    4. What the Collector must now do: The Collector is required to verify the documents submitted by an applicant and determine whether the applicant meets the eligibility requirements.
    5. The earlier notification is displaced: The order makes the MHA notification of 11 March 2024 implementing the Citizenship Amendment Rules inapplicable to these jurisdictions.
    6. The committee route is spent: The order renders the earlier multi agency committee arrangement redundant in the eight jurisdictions.

    Why was the power centralised in the first place?

    1. State opposition to the law: The Citizenship Amendment Act was strongly opposed by the then Trinamool Congress government in West Bengal.
    2. The design was built to bypass the State: Empowered Committees headed by Central Government officials were constituted specifically to keep the State government out of the processing of applications.
    3. The timing tracked the electoral calendar: The committees were created days before the Assembly polls in West Bengal in April 2026, and the amendment now decentralising the process was notified after the Bharatiya Janata Party came to power in that State.
    4. The first grants preceded the committees: The Home Ministry handed the first set of citizenship certificates to 14 applicants in May 2024.

    Why does a Union List subject still need the States?

    1. The subject is central: Citizenship, naturalisation and aliens fall under the Union List of the Seventh Schedule, so legislative and executive competence rests with the Centre.
    2. The delivery is district level: Receiving applications, verifying documents and issuing certificates are field functions that need offices, staff and records located in the district.
    3. Police verification sits with the State: Police is a State List subject, so verification of an applicant’s antecedents runs through the State police machinery whatever the processing authority.
    4. The State’s role was reduced to logistics: Under the centralised arrangement the State’s contribution was limited to providing office space and police verification of applicants.
    5. The Collector belongs to both systems: A District Collector is an officer of the State administration and simultaneously the Centre’s principal field functionary in the district, which is why the transfer restores State machinery without transferring the subject.

    What are the other major changes the Citizenship Amendment Act, 2019 made?

    1. Shortened naturalisation period: For the covered communities the residence requirement in the qualifying period for naturalisation was reduced from eleven years to five years, a change made to the Third Schedule of the Citizenship Act, 1955.
    2. Exemption from illegal migrant status: Covered persons were exempted from the operation of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946, so their entry without documents no longer bars citizenship.
    3. Abatement of pending proceedings: Proceedings pending against a covered person in respect of illegal migration or citizenship abate on grant of citizenship.
    4. Geographic carve outs: The Act does not apply to the tribal areas of Assam, Meghalaya, Mizoram and Tripura covered by the Sixth Schedule, nor to areas under the Inner Line Permit regime in Arunachal Pradesh, Nagaland, Mizoram and Manipur.
    5. Effect on Overseas Citizen of India registration: The Act added a ground for cancellation of Overseas Citizen of India registration where the holder violates any law notified by the Central Government, with an opportunity of being heard.

    Major debates surrounding the Citizenship Amendment Act

    1. Religion as a statutory classification: The Act identifies its beneficiaries by naming six religious communities, which is contested as a classification that fails the reasonable classification test under Article 14.
    2. The defence of the classification: The stated basis is that the three named countries have a State religion and that the six communities are religious minorities there facing persecution, which is offered as an intelligible differentia with a rational nexus.
    3. The excluded groups: Persecuted groups outside the classification, including Ahmadis and Shias in Pakistan, Rohingya from Myanmar and Tamils from Sri Lanka, fall outside the Act’s coverage.
    4. The cut off date and the Assam Accord: The 31 December 2014 cut off for the covered communities sits against the 24 March 1971 cut off fixed for Assam by Section 6A of the Citizenship Act, 1955, inserted after the Assam Accord of 1985 to regularise migrants in that State. The gap between the two dates is the source of the objection in Assam.
    5. Section 6A itself has been upheld: A Constitution Bench of the Supreme Court upheld the validity of Section 6A in 2024, confirming the 1971 cut off for Assam as constitutionally valid.
    6. The link with a national register: The objection that the Act operates as a filter alongside a nationwide citizens register turns on whether the two exercises are read together, since the Act creates a route to citizenship but no obligation to prove it.
    7. The federal objection: Several State legislatures passed resolutions seeking repeal of the Act, and Kerala filed an original suit in the Supreme Court under Article 131, raising the question whether a State can sue over a Union List subject.

    Challenges to implementing the CAA framework

    1. Documentary proof of origin is the binding constraint: An applicant who entered without documents has to establish nationality of the country of origin and the date of entry, which is precisely what the flight left behind. Eg. The Home Ministry issued its first set of certificates to only 14 applicants in May 2024, years after the Act was passed.
    2. Eligibility determination sits with a generalist officer: The Collector must now assess questions of foreign nationality, religious identity and date of entry alongside a full district administration workload. Eg. The function was earlier assigned to committees staffed by Census, Intelligence Bureau and postal officials specifically for that expertise.
    3. Verification depends on a machinery the Centre does not control: Police verification of applicants runs through the State police, a State List subject, so the pace of processing depends on State cooperation. Eg. The centralised committee design was itself adopted because the West Bengal government opposed the law.
    4. Applicants risk exposure by applying: Filing an application is an admission of having entered India without valid documents, which deters applicants where the outcome is uncertain. Eg. The Act exempts covered persons from the Foreigners Act, 1946 only on grant of citizenship, not on filing.
    5. Uniformity across eight jurisdictions is hard to hold: Decentralising to district officers across eight States and Union Territories creates as many decision practices as there are districts. Eg. The 19 August order applies to Gujarat, Rajasthan, Punjab, West Bengal, Assam, Tripura, Jammu and Kashmir and Ladakh, each with a different administrative history on migration.
    6. The carve outs cut through the areas of highest migrant density: Excluding Sixth Schedule areas and Inner Line Permit States removes from coverage several districts where the affected population actually lives. Eg. Tribal areas of Assam and Tripura are expressly excluded from the 19 August transfer as well.
    7. The constitutional challenge remains live: A framework operating while its parent Act is under challenge risks decisions being unsettled later. Eg. More than 200 petitions challenging the Act were filed before the Supreme Court after its enactment.

    Conclusion

    The Citizenship (Third Amendment) Rules, 2026 stand notified with effect from 19 August 2026, and pending applications in the eight named jurisdictions have been transferred to District Collectors, who will now verify documents and determine eligibility. The 11 March 2024 notification no longer applies in those jurisdictions and the Empowered Committee route is spent there. The source names no further date or milestone for the disposal of the transferred applications. The change is administrative in form, and it records that the reason for centralising the process, namely State government opposition, is no longer present in the State it was designed for.

    “[2021] With reference to India, 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?

    (a) 1 only

    (b) 2 only

    (c) 1 and 3

    (d) 2 and 3

  • Ganga treaty not in Bihar’s interests, says JD(U) leader

    Why in the News

    The national working president of the Janata Dal (United), who was Bihar’s Minister for Water Resources between 2021 and 2024, has advocated against renewal of the 1996 India Bangladesh Ganga Water Treaty on the ground that renewal would hurt Bihar’s interests. The treaty expires on 31 December and the two sides are yet to hold the last round of talks on its renewal. A federal objection has therefore entered a bilateral negotiation that the Union alone has the power to conclude.

    What is the India Bangladesh Ganga Water Treaty, 1996?

    1. What it is: A bilateral treaty signed on 12 December 1996 for a term of 30 years, governing the sharing of Ganga waters between India and Bangladesh at the Farakka Barrage.
    2. What it covers: It applies only to the dry season, from 1 January to 31 May, when flow at Farakka is lowest and competition between the two uses is sharpest.
    3. How sharing is measured: Availability is measured in ten day periods at Farakka, and shares are calculated separately for each period rather than as an annual total.
    4. How disputes are handled: A Joint Committee observes and records flows at Farakka and at the Hardinge Bridge in Bangladesh, and the treaty provides for review of the arrangement at five yearly intervals or earlier by mutual agreement.

    What is a cusec?

    1. What it means: A cusec is one cubic foot of water flowing per second, the standard unit in which river discharge and canal capacity are stated in South Asia. All the sharing thresholds in the Ganga treaty are expressed in this unit.

    What does the sharing formula actually do at Farakka?

    1. When availability is 70,000 cusecs or less: The flow is divided equally, with India and Bangladesh receiving 50 percent each.
    2. When availability is between 70,000 and 75,000 cusecs: Bangladesh receives 35,000 cusecs and the balance of the flow goes to India.
    3. When availability is 75,000 cusecs or more: India receives 40,000 cusecs and the balance of the flow goes to Bangladesh.
    4. The guarantee clause: Between 1 March and 10 May, India and Bangladesh each receive a guaranteed 35,000 cusecs in alternate blocks of three ten day periods.
    5. The fallback provision: Where the two sides cannot agree at review, India is to release not less than 90 percent of Bangladesh’s share until an understanding is reached.

    Why does Bihar say the treaty has hurt its interests?

    1. The claim made: Thirty years of data under the treaty show that the interests of Bihar have been negatively impacted.
    2. The separation of interests asserted: Diplomatic issues between the two countries must be sorted out, but Bihar’s interests too must be kept in mind while doing so.
    3. The trade off named: The treaty may have checked a few boxes in terms of international messaging, but it has hurt the State’s interests.
    4. The physical mechanism behind the grievance: Maintaining pond level at Farakka raises the water surface upstream, which slows the river and deposits silt in the Ganga bed across Bihar, reducing channel capacity.
    5. The flood consequence: Reduced channel capacity aggravates flooding and drainage congestion in the Bihar districts along the Ganga, including Bhagalpur, Katihar and Munger.
    6. The State’s standing demand: Bihar has for years sought large scale desilting of the Ganga, a national silt management policy, and at one point the decommissioning of the Farakka Barrage.

    Why does the renewal decision sit with the Union alone?

    1. Treaty making power: Article 253 empowers Parliament to make any law for implementing an international treaty or agreement, and the executive power to conclude treaties rests with the Union.
    2. Water as a State subject: Water, including water supplies, irrigation and canals, drainage and embankments, is Entry 17 of the State List, which is why States claim a stake in any water sharing arrangement.
    3. The Union’s own entry: Entry 56 of the Union List gives Parliament power over the regulation and development of inter State rivers and river valleys where declared expedient in the public interest.
    4. Consultation is practice, not obligation: Riparian States are consulted as a matter of convention in transboundary water negotiations, but the Constitution does not require their concurrence.
    5. The precedent of exclusion: West Bengal objected in 2024 to being left out of the committee constituted for the Ganga treaty renewal and the Teesta discussions, which shows the grievance is not confined to Bihar.

    Why is the renewal a test of the wider India Bangladesh relationship?

    1. The deadline: The treaty expires on 31 December, which fixes the outer limit of the negotiation.
    2. The pending step: The two sides are yet to hold the last round of talks on renewal.
    3. The linked file: The Teesta water sharing arrangement has remained unconcluded since 2011, and the Ganga renewal is the only functioning template the two sides have.
    4. The upstream downstream asymmetry: India is the upper riparian on the Ganga, so the treaty is the principal instrument through which Bangladesh secures a predictable dry season flow.
    5. The domestic politics on both sides: A renewal that satisfies Dhaka must also survive objections from Bihar and West Bengal, which makes the negotiation a two level one.

    Challenges to the renewal of the Ganga Water Treaty

    1. No mechanism to compensate an affected upstream State: The treaty allocates water between countries and is silent on internal distribution of costs. Eg. Bihar’s siltation and flood costs from Farakka pondage have no route to redress inside the treaty text.
    2. Declining lean season flow: The volume the formula divides has itself been shrinking, which sharpens the distributional fight. Eg. The guaranteed 35,000 cusecs blocks between 1 March and 10 May become harder to honour when total availability falls below 70,000 cusecs.
    3. Absence of a State role in the negotiating machinery: Riparian States have no formal seat, which produces objection after the fact rather than input before it. Eg. West Bengal objected in 2024 to exclusion from the renewal committee.
    4. Silt management remains unfunded and unassigned: No agency has both the mandate and the budget for basin scale desilting. Eg. Bihar’s demand for a national silt management policy has been pending across successive Union budgets.
    5. Political transition in Dhaka: A renewal negotiated with one government may be reopened by its successor. Eg. Bangladesh has undergone a change of government since the fall of the Awami League administration in 2024, with the Bangladesh Nationalist Party returning to power in February 2026.
    6. Linkage risk with other rivers: Dhaka has consistently sought to tie the Ganga arrangement to progress on the Teesta. Eg. The Teesta sharing draft agreed in 2011 was not signed because of West Bengal’s objection, and remains unresolved.
    7. No basin wide framework with upper riparians: The Ganga basin extends beyond the two signatories, so a bilateral treaty cannot govern total flow. Eg. Nepal controls the headwaters of the Kosi, Gandak and Ghaghara, which contribute a large share of the Ganga’s dry season flow.

    Conclusion

    The India Bangladesh Ganga Water Treaty, 1996 expires on 31 December, the last round of renewal talks has not yet been held, and a party in Bihar’s ruling coalition has now publicly opposed renewal on the ground that thirty years of the arrangement have damaged the State’s interests. The dispute is not about the sharing ratio alone but about whether an upstream State’s siltation and flood costs can be recognised inside an instrument the Union alone concludes. The next milestone is the final round of renewal talks between the two sides before the treaty lapses.

  • In a 5-4 ruling, Supreme Court for tweaking the definition of industry, exempts pending matters

    Why in the News

    A nine-judge Bench of the Supreme Court held on 20 August 2026, by a 5:4 margin, that the expansive 1978 interpretation of the term industry will not govern the Industrial Relations Code, 2020. The ruling preserves that interpretation for disputes already pending under the Industrial Disputes Act, 1947 and withdraws it from every case that follows.

    What is the ‘triple test’ laid down in Bangalore Water Supply (1978)?

    1. Origin: A seven-judge Constitution Bench in Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978), authored by Justice V.R. Krishna Iyer, read Section 2(j) of the Industrial Disputes Act, 1947 expansively.
    2. The three conditions: An undertaking qualifies as an industry where there is systematic activity, organised by cooperation between employer and employee, for the production or distribution of goods or services calculated to satisfy human wants and wishes.
    3. What the test ignores: Profit motive is irrelevant to the classification. Purely spiritual or religious activity stays outside the definition.
    4. Reach: The test brought hospitals, educational institutions and municipalities within the fold of industry, exempting only core sovereign activities such as the judiciary, law and order and defence, in order to protect the state’s functional autonomy.

    What is the Industrial Relations Code, 2020?

    1. About: The Industrial Relations Code, 2020 consolidates the law on trade unions, standing orders and the settlement of industrial disputes into a single statute, and came into force in November 2025.
    2. The operative provision: Section 2(p) of the Code carries its own definition of industry, taking over the function that Section 2(j) of the 1947 Act performed for 48 years.

    What did the Supreme Court actually hold on the reach of the 1978 definition?

    1. A clean slate for the new Code: The majority held that industry under Section 2(p) of the Industrial Relations Code, 2020 would not be burdened by the 1978 interpretation of Section 2(j) of the 1947 Act.
    2. No sheet anchor: The Chief Justice of India stated that the 1978 judgment and its conclusion would not act as the sheet anchor or the foundation for any future interpretation of Section 2(p).
    3. A refinement, not a reversal: The majority found that the essential framework of the 1978 interpretation had withstood the test of time, and that some of its constituent elements could have been articulated differently to better reflect the scope and contours of Section 2(j).
    4. Prospective operation: The refined triple test evolved in the opinion of the Chief Justice of India will operate prospectively, and the modified definition will not apply to pending cases.
    5. Pending disputes protected: All matters presently pending before courts, tribunals and labour authorities under the Industrial Disputes Act, 1947 are to be adjudicated in accordance with the triple test as laid down in Bangalore Water Supply.
    6. Maintainability settled: The majority held that the reference questioning the correctness of the 1978 ruling was maintainable.
    7. Text still awaited: The fine print of the ruling prescribing the new formulation of the definition has not yet been released.

    Why was the 1978 definition sent to a nine-judge Bench at all?

    1. Docket explosion: Later Benches found that the 1978 definition produced what they called a docket explosion, bringing far more cases to the labour courts.
    2. A failed legislative narrowing: Parliament attempted to narrow the definition through the Industrial Disputes (Amendment) Act, 1982, excluding several organisations from its scope.
    3. The 2005 admission: The Centre told the Court in 2005 that no alternative dispute resolution mechanism existed for employees who would fall outside the amended definition, so the 1978 position continued to hold.
    4. Divergent readings: Subsequent rulings interpreted the 1978 judgment differently, and the case was referred to a nine-judge Bench for reconsideration.

    What three questions did the reference place before the Bench?

    1. Correctness of the test: Whether the test laid down in Bangalore Water Supply remains the correct interpretation of industry, and whether later legislative developments have any bearing on it.
    2. Welfare schemes: Whether welfare schemes run by the government count as an industrial activity.
    3. Sovereign function: What constitutes a sovereign function of the state, and whether such functions fall outside the ambit of labour law altogether.
    4. When framed: The Court identified these three broad questions for consideration in February 2026.

    Why does preserving the 1978 test only for pending cases divide the workforce in two?

    1. Two regimes running side by side: A dispute already filed under the 1947 Act is decided on the wide 1978 definition. An identical dispute arising under the Code is decided on a definition that has not yet been written out.
    2. The Court’s own reason: The majority stated that it did not intend to displace the governing legal position on pending proceedings, since doing so would create artificial discrimination.
    3. What the wide net secured: The 1978 definition enabled workers across a wide range of jobs to obtain legal recourse on wages, working hours, strikes, collective bargaining and protection against arbitrary dismissal.
    4. What the clean slate removes: Workers whose disputes arise after the Code’s commencement lose the settled presumption that their workplace is an industry, and must establish it afresh under Section 2(p).

    What does the dissent argue about the State as an employer?

    1. Reference itself questioned: Justice B.V. Nagarathna found the reference against the 1978 verdict unwarranted and not maintainable, and held that the ruling required no interference or modification.
    2. Identity of the employer is irrelevant: The dissent held that merely because a function is performed by the State, it cannot be exempted from the definition of industry, so the test of who carries out the activity is not relevant.
    3. Nature of the activity governs: Social welfare activities and schemes undertaken by government departments or their instrumentalities can be construed as industrial activities for the purpose of Section 2(j), depending on the nature of the activity and all other relevant factors.
    4. Why it matters now: The dissent held that it was important, now more than ever, to retain the inclusive definition of industry to safeguard workers’ rights.
    5. Split within the majority side: Justice Joymalya Bagchi recorded disagreement with the majority on the reformulation of the triple test, and Justices Dipankar Dutta and Ujjal Bhuyan wrote dissenting opinions.

    What challenges follow from redefining ‘industry’ under the new Code?

    1. Coverage uncertainty until the operative text arrives: The modified formulation was pronounced without the wording that prescribes it being available, so adjudicating authorities have no text to apply. Eg. The hour-long pronouncement on 20 August 2026 ended with the fine print of the new formulation still awaited.
    2. Identical workplaces treated differently by filing date: The cut-off is the date of the proceeding, not the nature of the work, so two workers in the same undertaking can face different definitions. Eg. A dispute in a municipal water supply undertaking filed under the 1947 Act is decided on the triple test, and one arising afterwards is not.
    3. No fallback forum for excluded categories: Narrowing the definition removes workers from the industrial adjudication machinery without putting anything in its place. Eg. The Centre itself told the Court in 2005 that no alternative dispute resolution mechanism existed for employees who would fall outside a narrowed definition.
    4. Threshold effects that discourage firms from growing: The Code applies its stricter obligations only above stated headcounts, which gives firms a reason to stop hiring below the line. Eg. Standing orders now apply at 300 employees and prior approval for layoff, retrenchment and closure applies at 300 workers, both raised from far lower thresholds.
    5. The sovereign function boundary left to case-by-case litigation: The Court has framed the question of what a sovereign function is without settling a workable test for it. Eg. Whether a government-run welfare scheme is an industrial activity was one of the three questions placed before the Bench in February 2026.
    6. A definition built for a standard employment relation: The triple test turns on cooperation between employer and employee, which platform-mediated work does not fit. Eg. Gig and platform workers are addressed through the Code on Social Security, 2020 rather than through the industrial dispute machinery.

    Conclusion

    The Court has separated the past from the future of a single statutory term, keeping Justice Krishna Iyer’s wide definition alive for disputes already in the system and denying it any authority over the Code that now governs Indian industrial relations. The substantive contest has therefore moved from the judiciary to the text of Section 2(p) and to whoever interprets it first. The Industrial Relations Code, 2020 has been in force since November 2025, and the next milestone is the release of the full text of the judgment carrying the refined formulation of the triple test.

    “[2024, GS3, 15] Discuss the merits and demerits of the four ‘Labour Codes’ in the context of labour market reforms in India. What has been the progress so far in this regard?”