💥Mains Ready By December. Smash Mains & Smash PYQ Admissions Open
Talk to Mentor

Civilsdaily

Login

Archives: News

  • The myth called ‘perfect victim’

    Why in the News

    The Goa Division Bench of the Bombay High Court on 6 August set aside a 2021 trial court judgment and convicted a former magazine editor of raping a former colleague, sentencing him to ten years of rigorous imprisonment. The High Court termed the trial court’s ruling perverse and held that it had fallen for the notion that a sexual assault complainant must be a ‘perfect victim’ and conduct herself in a certain way to appear credible. The ruling sets the evidentiary record against a stereotype of expected victim behaviour that has shaped Indian adjudication for four decades.

    What is the ‘ideal victim’ concept?

    1. Who theorised it: The Norwegian criminologist Nils Christie set out the concept of the ‘ideal victim’ or ‘perfect victim’ in a chapter of the same name in the book From Crime Policy to Victim Policy, published in 1986.
    2. What it claims: Victimhood is not an objective state established by the facts of the offence, it is a status that society grants or denies according to how far the complainant matches an expected profile.
    3. Where it is produced: The idea is propagated by the media, social media, films and the larger society, and race, class and gender determine who is cast as innocent and deserving and who as undeserving of sympathy.
    4. Why it matters in court: Once the profile becomes the test of credibility, a complainant who departs from it has her account doubted regardless of the evidence on record.

    What five attributes did Nils Christie assign to the ‘ideal victim’?

    1. Weakness relative to the offender: The victim is often female, disabled, very young or very old, and is therefore weak in relation to the offender.
    2. Respectability of activity: The victim is engaged in what society treats as respectable activities at the time of the offence.
    3. Blamelessness of location: The victim cannot reasonably be blamed for being where she was during the crime.
    4. No prior acquaintance: The victim does not know the offender personally.
    5. A stereotypically bad offender: The victim is attacked by a perpetrator who is big and bad.
    6. The additional condition: While being weak, the victim must have enough social power to influence sympathy and have her victim status recognised, which is why the poorest complainants are least often believed.

    What is the current status of protection for sexual assault survivors in India?

    1. The governing offence: Rape is defined and punished under Section 63 and Section 64 of the Bharatiya Nyaya Sanhita, 2023, with the minimum sentence set at ten years of rigorous imprisonment.
    2. Consent defined in statute: Consent is defined as an unequivocal voluntary agreement, and the absence of physical resistance does not by itself amount to consent.
    3. Past sexual history excluded: Evidence of a complainant’s general immoral character or previous sexual experience is no longer relevant to the question of consent, following the amendment of the evidence law in 2003 and its retention in the Bharatiya Sakshya Adhiniyam, 2023.
    4. The presumption on consent: Where sexual intercourse is proved in specified aggravated cases and the woman states she did not consent, the court presumes the absence of consent.
    5. Procedural protections: Trials are held in camera, the survivor’s identity may not be disclosed, and her statement is to be recorded by a woman officer, with a two month outer limit for completing the trial.
    6. The workplace framework: Sexual harassment at the workplace is governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which codified the Vishakha guidelines.
    7. The gap that persists: None of these provisions govern the inferences a judge may draw from a survivor’s demeanour, which is what the Supreme Court’s report of 3 August 2026 addresses.

    Constitutional Provisions Related to Gender Justice and Fair Adjudication

    1. Article 14: Guarantees equality before the law and equal protection of the laws, the basis for challenging a differential standard of credibility applied to women complainants.
    2. Article 15(1): Prohibits discrimination on grounds of sex.
    3. Article 15(3): Permits the State to make special provision for women and children.
    4. Article 21: Guarantees life and personal liberty, read to include the right to live with dignity and bodily integrity.
    5. Article 39(a) and 39(d): Direct the State to secure an equal right to an adequate means of livelihood and equal pay for equal work for men and women.
    6. Article 39A: Directs the State to secure equal justice and free legal aid so that opportunities for securing justice are not denied by economic or other disabilities.
    7. Article 42: Directs the State to make provision for just and humane conditions of work and for maternity relief.
    8. Article 51A(e): Places a fundamental duty on every citizen to renounce practices derogatory to the dignity of women.
    9. Article 141: Makes the law declared by the Supreme Court binding on all courts, the route through which the Vishakha guidelines operated before Parliament legislated.

    How has the ‘ideal victim’ standard shaped Indian judgments?

    1. Mathura, 1979: In the custodial rape case of a teenager, the Sessions Court relied on the survivor’s previous sexual experience to reason that she had likely consented, describing her as habituated to sexual intercourse. The Supreme Court, while acquitting the accused policemen, noted the absence of any alarm or resistance from the survivor and of injuries on her body.
    2. Bhanwari Devi, 1992: In the gang rape of a social worker, the Jaipur District and Sessions Court in 1995 acquitted the accused of gang rape, reasoning that it was unlikely that upper caste men would pollute themselves by having sexual relations with a Dalit woman. Her caste status was what made her an unlikely ‘ideal victim’ in the court’s eyes.
    3. What that case nonetheless produced: The Bhanwari Devi case became the catalyst for the formulation of the Vishakha guidelines and later for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
    4. The Jindal case, 2017: A Punjab and Haryana High Court division bench, in an interim order, suspended the sentences and granted bail to three former law school students convicted of gang raping and blackmailing a classmate, describing the survivor’s behaviour as having a perverse streak.
    5. The reasoning in that order: The bench acknowledged that the allegations of threat and blackmail lent sufficient diabolism to the offence, but read her statement as offering an alternate conclusion of misadventure stemming from a promiscuous attitude and a voyeuristic mind, placing her sexual behaviour at the centre of its assessment.
    6. The trial court in the present case, 2021: The Goa Sessions Court noted several discrepancies in the survivor’s versions, and held that while she had claimed to be in shock and trauma after exiting the lift on 7 November 2013, the closed circuit television footage showed her composed and smiling.
    7. The common thread: Each ruling demanded a performance of trauma from the survivor, and treated any departure from the expected behaviour as a reason to doubt her credibility rather than to examine the evidence.

    Why did the High Court call the trial court’s reasoning perverse?

    1. What the trial court examined: It focused on the complainant’s conduct, her reactions and her personal background rather than on the evidence on record.
    2. What the High Court held about that: It termed the ruling perverse, and identified the specific error as the assumption that a complainant must conduct herself in a certain way to appear credible.
    3. The finding on trauma response: The High Court noted that a survivor has already faced trauma and might feel too ashamed, nervous or confused to respond clearly when questioned repeatedly in an unfamiliar environment.
    4. What that does to the demeanour evidence: Composure on camera minutes after an assault ceases to be evidence of consent once trauma is recognised as producing varied responses.
    5. The outcome: The conviction was recorded and a sentence of ten years of rigorous imprisonment imposed on the former editor for raping a former colleague.

    Why does the ‘ideal offender’ stereotype collapse in this case?

    1. The mirror concept: Christie held that the ‘ideal offender’ must be framed as purely bad, dangerous and a stranger to the victim, so that it becomes easy for society not to like him.
    2. When the frame breaks: Where the offender is a familiar person with a good background story, the ideal dynamic breaks down.
    3. How it broke here: The accused’s social status and his image as a liberal intellectual complicated the stereotype of the ‘ideal offender’.
    4. The consequence for the complainant: On Christie’s argument, when there is no ideal offender to hate, it becomes hard to perceive an ideal victim to sympathise with, so the doubt is transferred to the complainant.
    5. Why this is the core of the item: The two stereotypes operate as a single mechanism, and a complainant’s credibility is set not by her evidence but by how easily society can dislike the man she accuses.
    6. The structural result: This produces a hierarchy of victimisation in which those thought undeserving are perceived as having contributed to the situation and receive less sympathy or none at all.

    How is the judiciary correcting course?

    1. The institutional apology: In 2025, a former Chief Justice of India apologised on behalf of the judiciary for the Supreme Court’s judgment in the Mathura case, calling it a moment of institutional embarrassment.
    2. The report of 3 August 2026: The Supreme Court issued a report recommending greater gender sensitivity in judicial writing.
    3. What it cautions against: It cautions judges against drawing adverse conclusions from delayed reporting, from a lack of physical injuries, from inconsistencies in testimony, or from a survivor’s demeanour.
    4. The reasoning it supplies: It records that trauma affects people differently, which removes the empirical basis for treating a uniform behavioural response as a test of truthfulness.
    5. What the present ruling adds: The Bombay High Court applied that reasoning to set aside a completed acquittal, which converts a recommendation about judicial writing into an operative ground of appeal.

    Major debates surrounding the credibility of sexual assault survivors

    1. Demeanour as evidence: One position treats a complainant’s behaviour after the offence as relevant corroboration, the other holds that trauma responses vary so widely that demeanour carries no evidentiary value.
    2. The sole testimony rule: Indian law permits conviction on the sole testimony of the prosecutrix if found reliable, and the contest is over what makes testimony reliable when there is no medical or electronic corroboration.
    3. Delay in reporting: Delay is read by one line of reasoning as weakening the complaint and by another as the ordinary consequence of shame, dependence and fear of the accused’s social position.
    4. Character evidence in practice: The statutory bar on past sexual history has not removed the use of a complainant’s background and conduct as a proxy, which is precisely the defect the High Court identified here.
    5. Class and caste in the assessment: The Bhanwari Devi ruling turned on the improbability of upper caste men assaulting a Dalit woman, which shows social hierarchy operating as an evidentiary presumption.
    6. Judicial training against judicial discretion: Prescribing what inferences a judge may not draw is defended as necessary correction and resisted as an intrusion on the appreciation of evidence.
    7. The absence of measurement: There is no systematic dataset on how often acquittals turn on demeanour or conduct reasoning, so the scale of the problem is argued from a succession of named cases rather than from evidence.

    Challenges to eliminating victim stereotyping in adjudication

    1. Reasoning migrates to sentencing and bail: Barred from the finding on consent, stereotype reasoning reappears in orders on bail and on suspension of sentence. e.g. the 2017 Punjab and Haryana High Court interim order suspending the sentences of three convicted law students on a reading of the survivor’s promiscuous attitude.
    2. Social hierarchy operating as evidence: Caste and class assumptions are treated as improbability findings rather than as prejudice. e.g. the 1995 Jaipur District and Sessions Court reasoning that upper caste men would not pollute themselves with a Dalit woman.
    3. Electronic evidence read against the survivor: Footage recorded minutes after an assault is used to test a trauma response against an expected script. e.g. the 2021 Goa Sessions Court relying on closed circuit television footage showing the complainant composed and smiling after exiting the lift.
    4. Status of the accused shaping the inquiry: A respected or well connected accused shifts the burden of explanation onto the complainant. e.g. the present case, where the accused’s standing as a magazine editor and liberal intellectual complicated the stereotype of the ideal offender.
    5. Recommendations without binding force: A report on judicial writing does not bind a trial court in the way a statutory provision does. e.g. the Supreme Court’s report of 3 August 2026, whose recommendations reach trial judges only through appellate correction.
    6. Time to correction: Reversal comes at the appellate stage, years after an acquittal. e.g. the 6 August 2026 High Court conviction reversing a trial court ruling of 2021 on an incident of November 2013.
    7. Attrition before trial: Complainants withdraw under social pressure long before any court examines the evidence, so the reported cases understate the problem. e.g. the Mathura case, whose 1979 acquittal produced the nationwide campaign that led to the criminal law amendment of 1983.

    Conclusion

    The ‘ideal victim’ framework explains why Indian courts have repeatedly assessed a complainant’s respectability, caste, prior sexual history and post assault demeanour rather than the evidence on record. The High Court’s reversal on 6 August is the first appellate ruling to name that framework as the reason a trial verdict was perverse, and it applies the Supreme Court’s report of 3 August 2026 on gender sensitivity in judicial writing to an operative outcome. What remains unaddressed is that the correction arrives only on appeal, years after an acquittal, and that a report on judicial writing does not bind a trial court in the way a statutory bar does.

    What is Victimology?

    1. About: Victimology is the systematic study of the victim of a crime, the victim’s relationship with the offender, and the treatment the victim receives from the criminal justice system and from society.
    2. Rationale: It emerged because criminal law is framed as a contest between the State and the accused, which leaves the person actually harmed without a defined position in the proceedings.
    3. Primary victimisation: The harm caused by the offence itself.
    4. Secondary victimisation: The further harm caused by the response of the police, the courts, the media and the community, including hostile cross examination and disbelief.
    5. Victim precipitation: An older strand of the discipline that examined the victim’s own conduct as a contributing factor, now largely discredited in sexual offence contexts for shifting responsibility onto the complainant.
    6. Victim typologies: Classifications of victims by vulnerability and by perceived blameworthiness, of which Christie’s ‘ideal victim’ is the best known.

    Key Concerns Regarding Victimology in India

    1. No statutory standing for the victim: The victim is a witness in the prosecution’s case rather than a party, so the conduct of the trial rests with the State.
    2. Uneven victim compensation: Compensation schemes framed under the criminal procedure law vary widely between States in quantum and in disbursal time.
    3. Secondary victimisation in trial practice: Repeated questioning in an unfamiliar environment and cross examination on conduct reproduce the harm the trial is meant to remedy.
    4. Absence of support services: Trained counsellors, support persons and witness protection are unevenly available across districts.
    5. Blame allocation persists in reasoning: Discredited victim precipitation logic survives in judicial language about conduct, demeanour and lifestyle.
    6. No data on outcomes by victim profile: Conviction rates are not disaggregated by the survivor’s caste, class or relationship to the accused, so disparities cannot be measured.

    Laws and Rules Governing Sexual Offences and Survivor Protection in India

    1. Indian Penal Code, 1860: Defined rape under Section 375 and punished it under Section 376 until its replacement in 2023.
    2. Criminal Law (Amendment) Act, 1983: Enacted after the Mathura acquittal, it created the offence of custodial rape and introduced a presumption against consent in specified cases.
    3. Indian Evidence Act, 1872, as amended in 2003: Removed the provision permitting evidence of the prosecutrix’s general immoral character in a rape trial.
    4. Protection of Women from Domestic Violence Act, 2005: Provides civil remedies including protection, residence and monetary orders.
    5. Protection of Children from Sexual Offences Act, 2012: Creates gender neutral offences against children with child friendly trial procedures and special courts.
    6. Criminal Law (Amendment) Act, 2013: Enacted on the recommendations of the Justice J.S. Verma Committee, it widened the definition of rape and created offences of stalking, voyeurism and acid attack.
    7. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Codified the Vishakha guidelines and requires an Internal Committee in every workplace with ten or more employees.
    8. It also requires a Local Committee at the district level for establishments below that threshold and for the unorganised sector.
    9. Criminal Law (Amendment) Act, 2018: Introduced the death penalty for the rape of a girl below twelve years and raised minimum sentences.
    10. Bharatiya Nyaya Sanhita, 2023: Replaced the Indian Penal Code, 1860, with rape defined in Section 63 and punished in Section 64.
    11. Bharatiya Sakshya Adhiniyam, 2023: Replaced the Indian Evidence Act, 1872 and retains the bar on evidence of the complainant’s past sexual history.
    12. Bharatiya Nagarik Suraksha Sanhita, 2023: Carries the trial procedure, including in camera proceedings and the recording of the survivor’s statement by a woman officer.

    Key Facts about Gender Justice Jurisprudence in India

    1. Vishakha versus State of Rajasthan, 1997: Laid down binding guidelines on workplace sexual harassment under Article 141, which governed the field for sixteen years until Parliament legislated in 2013.
    2. Tukaram versus State of Maharashtra, 1979: The Mathura acquittal, which triggered an open letter from four law professors and the nationwide campaign leading to the 1983 amendment.
    3. State of Punjab versus Gurmit Singh, 1996: Held that the testimony of a rape survivor is on the same footing as that of an injured witness and needs no corroboration as a rule.
    4. Justice J.S. Verma Committee, 2013: Constituted after the December 2012 Delhi gang rape, it reported within 29 days and its recommendations shaped the Criminal Law (Amendment) Act, 2013.
    5. Handbook on Combating Gender Stereotypes, 2023: Issued by the Supreme Court, it lists stereotyped terms used in judgments and supplies the neutral alternatives.
    6. International Day for the Elimination of Violence against Women: Observed on 25 November, marking the start of the sixteen days of activism ending on Human Rights Day.
    7. National Commission for Women: Established under the National Commission for Women Act, 1990 as the statutory body for the review of legal safeguards for women.

    Back2Basics: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

    1. What it is: A central statute creating a civil mechanism for the prevention and redressal of sexual harassment of women at the workplace.
    2. Origin: It codified the Vishakha guidelines laid down by the Supreme Court in 1997, which themselves arose from the gang rape of a social worker in Rajasthan in 1992.
    3. Administering ministry: The Ministry of Women and Child Development.
    4. Internal Committee: Mandatory in every workplace employing ten or more persons, headed by a senior woman employee, with at least half its members being women and one member drawn from a non governmental organisation.
    5. Local Committee: Constituted by the District Officer for establishments with fewer than ten employees and for complaints against the employer.
    6. Coverage: It extends to the organised and unorganised sectors, to domestic workers, and to clients, customers and visitors at a workplace.
    7. Timelines: A complaint is to be filed within three months of the incident, the inquiry completed within ninety days, and action taken within sixty days of the report.
    8. Duties on the employer: Providing a safe working environment, displaying the penal consequences of harassment, organising awareness programmes and filing an annual report.

    Way Forward

    1. Convert the report into a practice direction: Issuing the 3 August 2026 recommendations as a binding practice direction under Article 141 would reach trial courts directly rather than through appeal.
    2. Mandatory reasoning standards in acquittals: Requiring a trial court to record why the evidence on record, and not the complainant’s conduct, produced an acquittal would make stereotype reasoning visible on the face of the order.
    3. Gender sensitisation in judicial academies: Sustained modules in State judicial academies for trial judges and public prosecutors, using the Supreme Court’s handbook on gender stereotypes as the syllabus.
    4. Trauma informed examination protocols: Recording the survivor’s evidence through a support person and in a single sitting reduces the repeated questioning the High Court identified as producing confused responses.
    5. Statutory bar on demeanour inference: An express evidentiary provision that a survivor’s demeanour is not relevant to consent would close the gap that the bar on past sexual history left open.
    6. Disaggregated conviction data: Publishing outcomes by the survivor’s caste, class and relationship to the accused would replace argument from named cases with measured disparity.
    7. Strengthen victim support infrastructure: Fully staffed one stop centres, district witness protection under the 2018 scheme, and timely compensation reduce the attrition that removes cases before trial.

    “[2014, GS4, 10 marks] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.”

  • Supreme Court orders a time bound eviction framework for Agasthyamalai encroachments

    Why in the News

    The Supreme Court has held that clearing encroachments inside the protected areas of the Agasthyamalai landscape requires a structured, time bound and closely monitored framework. Encroachments have survived decades of directions from the Madras High Court and the top court, so the Court has shifted from ordering eviction to removing the benefits that keep illegal occupation viable. The Court also raised the option of using paramilitary forces to carry out the evictions.

    What is the Central Empowered Committee?

    1. About: The Central Empowered Committee (CEC) is a body that examines forest and wildlife compliance matters and reports its findings and recommendations directly to the Supreme Court.
    2. Mandate in this case: The Court directed it last year to survey the entire Agasthyamalai landscape and identify every non forestry activity running contrary to the Forest (Conservation) Act, 1980 and the Wild Life (Protection) Act, 1972.
    3. Output: It submitted an interim report carrying division wise findings and recommended a time bound, division wise encroachment eviction plan.

    What did the Central Empowered Committee find on the ground?

    1. Kanyakumari Wildlife Sanctuary: An area of 427.40 hectares stands encroached, with 237.09 hectares caught in litigation. Verified maps of the reserve forest are not available.
    2. Srivilliputhur-Megamalai Tiger Reserve: As per official records of 2020, around 4,595 individuals are encroaching upon 5,071.27 hectares of reserved forest land.
    3. Nature of the occupation: The encroachments there are old, with many holdings under permanent cultivation of silk cotton, cardamom and beans.
    4. Structures inside forest land: A total of 116 government and public utility structures have been constructed inside forest lands without prior approval.
    5. Encroachers on the government payroll: A total of 118 individuals listed as encroachers were identified as serving or retired government employees, including personnel from the Army, the Police, the Forest Department and other State departments.
    6. Kalakad-Mundanthurai Tiger Reserve: The total extent of encroachment is 10.16 hectares by 998 families.

    Why does encroachment in Srivilliputhur-Megamalai carry consequences beyond the forest boundary?

    1. Upper catchment function: The Committee recorded the reserve as one of the most ecologically vulnerable areas because it forms the upper catchment of the Vaigai river.
    2. Downstream dependence: The Vaigai is a critical water source for five downstream districts, so degradation of the catchment transfers the cost to users outside the forest.
    3. Permanent cultivation: Standing plantation crops convert a temporary trespass into a settled land use that resists seasonal eviction.
    4. Enforcement record: Despite clear orders from the Madras High Court to remove encroachments, no significant progress has been made so far.

    What did Tamil Nadu offer in its defence?

    1. Detailed affidavit: The State filed an affidavit listing the steps its authorities had already taken against encroachment.
    2. Resistance on the ground: It acknowledged resistance from encroachers as a live obstacle to eviction drives.
    3. Pending litigation: It cited ongoing court cases that block action on specific parcels.
    4. Social profile of encroachers: It stated that many encroachers were landless and drawn from economically weaker sections.
    5. Law and order risk: The Committee separately recorded that law and order problems arose whenever the Forest Department attempted evictions, making a joint effort necessary.

    Can the difficulty of rehabilitation justify indefinite postponement of eviction?

    1. The Court’s acceptance: The Bench accepted that the complexity of the rehabilitation task is real and cannot be understated.
    2. The limit it set: That complexity cannot serve as a perpetual justification for the indefinite postponement of legally mandated eviction and restoration measures.
    3. What the two positions expose: The State’s constraint is genuine and its cost falls on the forest, so every year of delay converts an unlawful occupation into a settled claim.
    4. The shift in remedy: The Court moved from repeating an eviction order that had failed for decades to withdrawing the entitlements that make continued occupation rational.

    What has the Supreme Court directed?

    1. Action against government servants: Disciplinary and legal action must be initiated against all 118 identified government servants found to be encroachers.
    2. Moratorium on state benefits: A blanket moratorium was sought on the extension of welfare schemes, public utilities, transport facilities, electricity supply and infrastructure support within encroached forest areas, so that illegal occupation is neither incentivised nor legitimised.
    3. Freeze on new activity: A complete prohibition was ordered on the approval or commencement of any new non forestry activity within Agasthyamalai.
    4. A monitored framework: The matter requires a structured, time bound and closely monitored framework rather than periodic directions.
    5. Force option: The Court went as far as to suggest using the paramilitary to evict the encroachers and protect the ecologically sensitive region.

    Why has the political economy of eviction defeated three decades of orders?

    1. Benefits without title: Welfare schemes, electricity and transport reaching encroached parcels signalled state acceptance, which is precisely what the moratorium now targets.
    2. Enforcers as beneficiaries: With 118 serving or retired government employees among the encroachers, including Forest Department personnel, the enforcing agency contained a section of the offenders.
    3. Numbers as leverage: Evicting 4,595 individuals in a single reserve converts a forest law question into a mass displacement question that no district administration will initiate alone.
    4. Electoral exposure: The newly formed coalition government in Tamil Nadu faces two major Dravidian parties in the Opposition that are likely to resist an eviction touching thousands of families.
    5. Restoration burden: Beyond eviction, the State carries the task of resettling and rehabilitating the displaced families and restoring the original forest cover.

    Conclusion

    The Supreme Court has accepted that a repeated eviction order is not a remedy when the State’s own benefit delivery keeps encroachment viable, so it has attacked the incentive rather than only the occupation. The directions now require disciplinary action against 118 government servants, a freeze on welfare and utility extension inside encroached forest, and a prohibition on fresh non forestry activity in Agasthyamalai. The State must now produce a division wise, time bound eviction and restoration plan while simultaneously resettling landless families it has itself described as economically weak. Whether the moratorium survives the political cost of enforcing it is the test the next hearing will apply.

    Protected Area Governance in India

    1. About: A protected area is a legally notified tract managed primarily for the conservation of wildlife and its habitat, with human use restricted by statute rather than by administrative discretion.
    2. Four statutory categories: The Wild Life (Protection) Act, 1972 provides for National Parks, Wildlife Sanctuaries, Conservation Reserves and Community Reserves, each with a different level of permitted human activity.
    3. Scale: India’s protected area network covers a little over 5 percent of the country’s geographical area, while recorded forest cover is close to a fifth of it.
    4. Tiger reserves: A tiger reserve is constituted with a core or Critical Tiger Habitat, kept inviolate, and a buffer zone allowing regulated coexistence.
    5. Diversion control: Any use of forest land for a non forest purpose requires prior central approval under the Forest (Conservation) Act, 1980, which is why the 116 unapproved structures in Agasthyamalai are themselves an offence.
    6. Judicial supervision: Forest governance in India has been supervised continuously by the Supreme Court since the 1996 T.N. Godavarman Thirumulpad proceedings, which extended statutory forest protection to all land recorded as forest.

    Laws and Rules Governing Forests and Wildlife in India

    1. Indian Forest Act, 1927: Provides for the constitution of reserved forests, protected forests and village forests, and defines forest offences and their penalties.
    2. Wild Life (Protection) Act, 1972: Establishes protected areas, prohibits hunting of scheduled species and regulates trade in wildlife articles.
    3. 2006 amendment: Created the National Tiger Conservation Authority and the statutory concept of Critical Tiger Habitat.
    4. 2022 amendment: Restructured the species schedules and gave effect to India’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
    5. Forest (Conservation) Act, 1980: Bars the dereservation of reserved forest and the use of forest land for non forest purposes without prior approval of the Union government.
    6. Van (Sanrakshan Evam Samvardhan) Adhiniyam, 2023: Renamed the 1980 Act and exempted specified categories of land and strategic projects from prior approval.
    7. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: Recognises individual and community forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers and provides the only lawful route for settling occupation claims.
    8. Compensatory Afforestation Fund Act, 2016: Governs the use of funds collected as compensatory afforestation and net present value from diverted forest land.
    9. Environment (Protection) Act, 1986: Provides the umbrella power under which eco sensitive zones around protected areas are notified.

    Key Facts about Protected Areas in India

    1. Project Tiger was launched in 1973 and Project Elephant in 1992.
    2. The National Tiger Conservation Authority and the Wildlife Crime Control Bureau are the two central bodies created under the Wild Life (Protection) Act, 1972 and its amendments.
    3. Critical Tiger Habitat is notified under Section 38V of the Wild Life (Protection) Act, 1972 on the basis of scientific evidence.
    4. The Western Ghats were inscribed as a UNESCO World Heritage Site in 2012 under the natural criteria.
    5. Wildlife Week is observed from 2 to 8 October every year.
    6. India’s biosphere reserves follow the core, buffer and transition zoning of the UNESCO Man and the Biosphere Programme.

    Back2Basics: The Agasthyamalai Landscape

    1. Location: It occupies the southern end of the Western Ghats, straddling the Tamil Nadu and Kerala border, and is named after the Agastyamalai peak.
    2. Designation: The Agasthyamalai Biosphere Reserve was designated in 2001 and was added to the UNESCO World Network of Biosphere Reserves in 2016.
    3. Protected areas on the Tamil Nadu side: Kalakad-Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve and Kanyakumari Wildlife Sanctuary.
    4. Protected areas on the Kerala side: Neyyar, Peppara and Shendurney Wildlife Sanctuaries.
    5. Kalakad-Mundanthurai Tiger Reserve: Notified in 1988 as Tamil Nadu’s first tiger reserve, it is often called a river sanctuary for the number of streams rising within it.
    6. Srivilliputhur-Megamalai Tiger Reserve: Notified in 2021 as Tamil Nadu’s fifth tiger reserve, it forms the upper catchment of the Vaigai river.
    7. Species: The landscape holds the endemic lion tailed macaque, the Nilgiri tahr and the Nilgiri langur, alongside tiger and elephant populations.
    8. Communities: The Kani tribal community lives in the landscape and is associated with the traditional knowledge of the Arogyapacha plant.

    Challenges in Protected Area Management in India

    1. Encroachment and regularisation pressure: Long standing occupation acquires political protection and becomes practically irreversible. e.g. the 427.40 hectares encroached in Kanyakumari Wildlife Sanctuary, of which 237.09 hectares sit in litigation.
    2. Unauthorised construction inside forest land: Public agencies themselves build without the prior approval the Forest (Conservation) Act, 1980 requires. e.g. the 116 government and public utility structures recorded inside Agasthyamalai forest land.
    3. Linear infrastructure fragmentation: Roads and railway lines cut habitat into blocks and raise animal mortality. e.g. animal deaths on the national highway running through Kaziranga National Park during the annual Brahmaputra floods.
    4. Human wildlife conflict: Crop and life losses on the periphery erode local support for strict protection. e.g. repeated elephant deaths on the Madukkarai railway stretch near Coimbatore.
    5. Rights settlement conflicting with eviction: Claims under the Forest Rights Act, 2006 and eviction drives run on separate tracks with no sequencing. e.g. the Supreme Court’s February 2019 order in Wildlife First v Union of India directing eviction of rejected claimants, which was stayed within weeks.
    6. Invasive species: Alien plants suppress native fodder and degrade grazing habitat. e.g. the spread of Lantana camara and Senna spectabilis across Bandipur and Wayanad.
    7. Frontline capacity deficit: Vacancies and weak equipment leave beat level protection thin. e.g. the Forest Department in Agasthyamalai being unable to conduct evictions without a joint force because of law and order risk.

    Way Forward

    1. Division wise time bound plan: Adopt the Committee’s recommendation of a division wise eviction schedule with named officers, fixed dates and monthly reporting to the Court.
    2. Sequence rights settlement before eviction: Complete the disposal of individual and community claims under the Forest Rights Act, 2006 in each division first, so eviction proceeds only against occupation that has no legal basis.
    3. Rehabilitation package before displacement: Notify a resettlement package with alternative land, housing and livelihood support before any eviction of landless families, on the pattern of the voluntary village relocation model used in tiger reserves.
    4. Departmental accountability: Complete disciplinary proceedings against the 118 serving and retired government employees within a fixed period and publish the outcome.
    5. Verified cadastral mapping: Prepare and publish verified maps of the reserve forest boundaries of Kanyakumari Wildlife Sanctuary using satellite imagery, since the absence of maps is itself an enabler of encroachment.
    6. Utility linkage audit: Audit every electricity connection, road and welfare scheme extended into forest parcels and terminate those inside notified boundaries.
    7. Catchment restoration: Fund assisted natural regeneration of the vacated Vaigai upper catchment through the Compensatory Afforestation Fund, with downstream district water users as monitored stakeholders.

    “[2020] Among the following Tiger Reserves, which one has the largest area under “Critical Tiger Habitat”?

    (a) Corbett

    (b) Ranthambore

    (c) Nagarjunsagar-Srisailam

    (d) Sunderbans

  • Due diligence: curbs on surrogate advertising must avoid regulatory overreach

    Why in the News

    The Maharashtra Food and Drug Administration (FDA) Commissioner has begun summoning celebrity endorsers of a pan masala brand, treating the endorsement as a surrogate promotion of tobacco. The action moves enforcement from the manufacturer to the person who supplies the brand recall, and it tests whether the state can discharge the burden of proof that the courts have already placed on it.

    What is surrogate advertising?

    1. Definition: Surrogate advertising is the promotion of a banned product through a legally saleable substitute that carries the same brand name, packaging and visual identity.
    2. How it operates: A tobacco or liquor manufacturer registers an extension product such as elaichi, soda or music CDs, then advertises that extension so the parent brand stays visible where direct advertising is prohibited.
    3. The legal test: An advertisement becomes surrogate when the substitute product has no market identity independent of its association with the prohibited product.
    4. The case at hand: The FDA holds that the pan masala brand endorsed by three leading film actors has no identity independent of tobacco, so endorsing it amounts to endorsing tobacco.

    What is endorser liability?

    1. Meaning: Endorser liability is the statutory responsibility placed on a celebrity or influencer for a false or misleading claim made in an advertisement they lend their name to.
    2. Source of the duty: The Consumer Protection Act, 2019 created this liability along with monetary penalties, which removes ignorance of the manufacturer’s intent as a defence.

    Why has enforcement shifted from the manufacturer to the endorser?

    1. The asymmetry named: The person carrying the persuasive power bears almost none of the health or economic cost of the product being consumed.
    2. Where the cost lands: The consumer absorbs that cost, and an underfunded public health system absorbs the treatment burden that follows.
    3. Why the manufacturer route stalls: Brand extension is legal on its face, so acting only against the manufacturer leaves the advertisement itself untouched.
    4. Why the endorser route bites: Requiring endorsers to explain their decision making applies the endorser liability principle at the enforcement stage rather than only after a complaint.
    5. The wider field: The same asymmetry runs through advertisements making unsubstantiated health claims such as “boosts immunity”, and through educational and financial products.

    What must the state prove before it can call an advertisement surrogate?

    1. The governing ruling: The Delhi High Court in DGHS vs Som Pan Product Pvt. Ltd. (2024) held that the state carries the responsibility of proving a case of surrogate advertising.
    2. Brand registration is not proof: The mere registration of an extension brand does not by itself establish that the advertisement is surrogate.
    3. Legality is not a shield either: The existence of a technically legal product does not automatically permit the particular advertisement built around it.
    4. What follows for the FDA: Suspicion must be converted into inquiries under the Cigarettes and Other Tobacco Products Act (COTPA), 2003 and its Rules and under the Food Safety and Standards Act, 2006 that survive judicial scrutiny.

    Why does the existing regulatory regime struggle with such advertisements?

    1. Fragmentation: Regulation is scattered across a series of Acts and Rules with no single authority owning the surrogate advertising question end to end.
    2. Forum shopping: Advertisers use the multiplicity of legal and administrative instruments to draw the judiciary into the dispute and stall enforcement.
    3. Definitional gap: No statute defines the threshold at which an extension product’s independent market identity becomes real rather than nominal.
    4. Health stakes: India carries the world’s largest burden of oral cancer, which is what makes treatment of these advertisements as unfair trade practices a consumer health question rather than a marketing dispute.

    Does tougher enforcement strengthen the rule or invite regulatory overreach?

    1. The case for acting: Penalties or prohibitions in this case would materially narrow the space that surrogate advertising currently exploits.
    2. The case for restraint: An action that fails the evidentiary standard set in 2024 becomes a precedent that advertisers cite in every later proceeding.
    3. The self defeating outcome: Enforcement seen as arbitrary strengthens the very practice it was meant to end, by converting a public health question into a dispute about administrative excess.
    4. The distinction that matters: Targeting the marketing chain is legitimate, targeting individuals without completing the statutory inquiry is not.

    Challenges to regulating surrogate advertising

    1. Proving the negative: The state must establish that a lawfully sold product has no independent market, which requires sales and distribution evidence that regulators rarely collect. e.g. brand extensions in elaichi and mouth freshener categories report genuine retail sales, which manufacturers cite as proof of independent identity.
    2. Split jurisdiction: Tobacco control sits with the health administration, food safety with the FDA and unfair trade practices with consumer authorities, so no single body carries the case through. e.g. the present action begins with a state FDA whose primary statute is the Food Safety and Standards Act, 2006, not COTPA.
    3. Digital advertising escapes the frame: Influencer posts and platform advertisements are transient and geo targeted, so they leave little evidence for a later inquiry. e.g. short video endorsements of betting and fantasy gaming platforms circulate widely without the disclosure labels print and television carry.
    4. Weak deterrence in practice: Penalties are small relative to advertising budgets and are contested for years. e.g. tobacco control prosecutions under COTPA are typically compounded at low fines rather than pursued to conviction.
    5. Sponsorship and event routes: Prohibited categories reach audiences through sports and cultural sponsorship where the brand appears without any product claim. e.g. surrogate liquor branding through music, soda and sporting event sponsorship has continued despite the advertising prohibition.
    6. Enforcement capacity: State drug and food administrations are staffed for sampling and licensing work, not for evidentiary media investigations. e.g. food safety officer vacancies in several States leave routine sampling targets unmet, before any advertising inquiry is added.

    Conclusion

    The action against celebrity endorsers is a defensible extension of endorser liability into the enforcement stage, and it addresses a real asymmetry between who persuades and who pays the health cost. Its survival depends entirely on whether the inquiry under COTPA, 2003 and the Food Safety and Standards Act, 2006 meets the evidentiary standard the Delhi High Court fixed in 2024. A well grounded order would narrow the space for surrogate advertising across tobacco, health claims, education and finance. An unsupported one would leave the practice stronger than it found it.

    Advertising Regulation in India

    1. What it covers: Advertising regulation governs the content, placement and truthfulness of commercial communication, and reaches the advertiser, the agency, the publisher and the endorser.
    2. Mixed model: India uses statutory control for specific product categories alongside self regulation by the Advertising Standards Council of India (ASCI), a voluntary industry body whose code is not itself law.
    3. Statutory anchor since 2019: The Central Consumer Protection Authority (CCPA), constituted under the Consumer Protection Act, 2019, can order the discontinuation of a misleading advertisement and impose penalties on the advertiser and the endorser.
    4. Prohibited categories: Direct advertising of tobacco products is banned, and liquor advertising is restricted, which is precisely what creates the incentive for brand extension.
    5. Scale: India is among the world’s largest advertising markets by volume of impressions, with digital and influencer marketing now the fastest growing segment and the least documented.

    Laws and Rules Governing Advertising and Surrogate Promotion

    1. Cigarettes and Other Tobacco Products Act (COTPA), 2003: Prohibits direct and indirect advertisement, promotion and sponsorship of tobacco products and regulates sale to and around minors.
    2. Section 5: Bars advertisement of cigarettes and other tobacco products, including indirect advertisement, which is the provision surrogate advertising is tested against.
    3. Consumer Protection Act, 2019: Defines misleading advertisement, creates the CCPA, and imposes liability and penalties on manufacturers and endorsers.
    4. Endorser penalty: Provides monetary penalty on an endorser for a false or misleading advertisement, with a prohibition on further endorsements for a stated period on repetition.
    5. Food Safety and Standards Act, 2006: Regulates food product claims and advertising, and prohibits misleading claims about the nature, quality or health effect of a food.
    6. Cable Television Networks (Regulation) Act, 1995: Bars advertisement of prohibited products on cable television through the Advertisement Code framed under it.
    7. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954: Prohibits advertisements claiming cure for listed diseases and conditions.
    8. Central Consumer Protection Authority (Prevention of Misleading Advertisements and Endorsements) Guidelines, 2022: Set conditions for a non misleading advertisement, regulate bait and surrogate advertisements, and fix due diligence duties for endorsers.
    9. Endorsement Know hows for digital advertising, 2023: Require celebrities, influencers and virtual influencers to disclose a material connection with the advertiser in a clear and prominent manner.

    Government Initiatives in Advertising and Consumer Protection

    1. National Tobacco Control Programme (NTCP): Implemented by the Ministry of Health and Family Welfare to enforce COTPA, run awareness campaigns and support cessation, targeted at tobacco users and youth.
    2. National Tobacco Quitline and mCessation: Provide telephone and mobile based cessation support to tobacco users seeking to quit.
    3. Jago Grahak Jago: Consumer awareness campaign of the Department of Consumer Affairs, aimed at informing consumers about misleading advertisements and grievance routes.
    4. National Consumer Helpline and the INGRAM portal: Give consumers a single point to lodge complaints against misleading advertisements and unfair trade practices.
    5. Eat Right India: Food Safety and Standards Authority of India (FSSAI) campaign to curb misleading food claims and promote safe and healthy food, aimed at consumers and food businesses.

    Key Facts about Tobacco Control and Advertising Regulation

    1. World No Tobacco Day is observed on 31 May each year.
    2. India has the world’s largest burden of oral cancer, which is the health basis for the strict treatment of tobacco surrogate advertising.
    3. India is a party to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), the first international public health treaty, which India ratified in 2004.
    4. Pictorial health warnings must cover 85 percent of the principal display area on both sides of a tobacco product package in India, among the largest such requirements globally.
    5. The Advertising Standards Council of India (ASCI) was set up in 1985 as a voluntary self regulatory body and its code has no statutory force of its own.

    Challenges in Advertising and Consumer Protection Regulation

    1. Self regulation without teeth: ASCI rulings bind only members and carry no penalty, so a non member advertiser faces no consequence. e.g. several offshore betting and crypto platforms advertising into India are outside ASCI’s membership entirely.
    2. Influencer economy outpaces disclosure rules: Paid endorsements are presented as personal opinion, and disclosure labels are omitted or hidden. e.g. financial influencers recommending securities without registration led the Securities and Exchange Board of India to restrict regulated entities from associating with unregistered advice givers.
    3. Dark patterns in digital interfaces: Design choices such as false urgency and forced action steer consumers without any express claim to test. e.g. the Department of Consumer Affairs notified guidelines in 2023 listing thirteen specified dark patterns on e commerce platforms.
    4. Regulatory capacity gap: The CCPA and State food and drug administrations have small investigation teams against a very large advertising volume. e.g. misleading claims in the coaching and edtech sector produced a separate CCPA advisory only after repeated complaints.
    5. Cross border advertising: Advertisements served from outside India for products banned within India are hard to reach through domestic statutes. e.g. offshore betting platforms advertise through surrogate news and sports content channels aimed at Indian audiences.
    6. Health claims without evidence: Immunity, weight loss and fortification claims sit between food law and drug law and are contested at the margin. e.g. claims on health supplements and nutraceuticals repeatedly draw FSSAI action for lacking substantiation.

    Back2Basics: Food Safety and Standards Authority of India (FSSAI)

    1. Governing Act: Established under the Food Safety and Standards Act, 2006.
    2. Year established: Constituted in 2008, with the Act’s substantive provisions brought into force from 2011.
    3. Parent ministry: Functions under the Ministry of Health and Family Welfare.
    4. Mandate: Lays down science based standards for articles of food and regulates their manufacture, storage, distribution, sale, import and advertising.
    5. Composition: Headed by a Chairperson of the rank of Secretary to the Government of India, with a Chief Executive Officer and members drawn from States, industry, consumer groups and food technology.
    6. Enforcement structure: Implemented on the ground by State Food Safety Commissioners, Designated Officers and Food Safety Officers, which is why a State FDA leads the present action.

    Way Forward

    1. Complete the statutory inquiry: Convert the summons into a documented proceeding under COTPA, 2003 and the Food Safety and Standards Act, 2006 that records evidence of the extension product’s dependent market identity.
    2. Define independent market identity: Notify an objective test combining sales volume, distribution reach and advertising spend of the extension product relative to the parent brand.
    3. Single window coordination: Create a joint mechanism between the CCPA, the health administration and State food and drug administrations so one authority carries a surrogate advertising case to conclusion.
    4. Raise the penalty to advertising spend: Link penalties to the advertising outlay of the campaign so the fine is not absorbed as a cost of business.
    5. Mandatory pre certification for prohibited categories: Require prior vetting of advertisements for brand names shared with tobacco and liquor products before release.
    6. Extend disclosure enforcement to digital: Audit influencer endorsements for the material connection disclosure and publish enforcement outcomes so the rule becomes visible.
    7. Consumer side remedy: Publicise the CCPA and National Consumer Helpline routes so complaints against misleading endorsements do not depend on regulator initiative alone.

    “[2014, GS2, 12.5 marks] The setting up of a Rail Tariff Authority to regulate fares will subject the cash strapped Indian Railways to demand subsidy for obligation to operate non-profitable routes and services. Taking into account the experience in the power sector, discuss if the proposed reform is expected to benefit the consumers, the Indian Railways or the private container operators.”

  • SEBI’s Closing Auction Session: Better Price Discovery, and the First Manipulation Case

    Why in the News

    The Closing Auction Session (CAS), introduced by the Securities and Exchange Board of India (SEBI) on 3 August 2026 to replace the average based method of fixing stock market closing prices, has raised mutual fund participation from 5% to 7% earlier to 25%. Within ten days of launch the regulator imposed a Rs 3.7 crore penalty on two entities for manipulating the same window, which exposes the trade off at the centre of the reform, that concentrating price discovery into a single transparent auction also concentrates the target for manipulation.

    How does the Closing Auction Session work?

    1. A fixed auction window: CAS is an official 20 minute auction held between 3:15 p.m. and 3:35 p.m., during which the exchange collects buy and sell orders from participants instead of executing continuous trades.
    2. A blind auction: Participants cannot see the full order book during the window, which prevents an order placed at the last instant from being priced against a visible book.
    3. Matching at the equilibrium price: At the end of the window all orders are matched at a single equilibrium price, defined as the price at which the maximum number of shares can be traded.
    4. Deferred execution: In contrast to continuous trading, where bids and offers match instantly, an auction can only result in a trade after the exchange ends it, which allows more time for supply and demand to find a new equilibrium.

    What is the Volume Weighted Average Price?

    1. An average of executed trades: The Volume Weighted Average Price (VWAP) is the average price of trades executed over a defined period, weighted by the quantity traded at each price, and it was the basis on which exchanges earlier fixed the closing price from the last 30 minutes of continuous trading.
    2. Why an average is vulnerable: Because it averages trades that have already happened, a few large trades placed at the end of the period can pull the average disproportionately without any change in the underlying supply and demand.

    What is order imbalance?

    1. The gap between buy and sell interest: Order imbalance is the gap between cumulative buy quantity and cumulative sell quantity at different price levels within the auction, and a low imbalance indicates that the discovered price represents a more stable consensus.

    What is tracking error?

    1. Deviation of a fund from its benchmark: Tracking error is the extent to which an index fund's or exchange traded fund's return diverges from the return of the index it is meant to replicate, and it widens when the closing price used to value the fund differs from the price at which the index is computed.

    Why did SEBI replace the VWAP based closing price?

    1. The closing price is a reference, not a number: The closing price of a security is used for portfolio valuation, index computation, derivative settlement, mutual fund net asset value calculation and institutional investment decisions, so it must reflect the expectations of both buyers and sellers.
    2. The old method's weakness: Exchanges determined the closing price largely through the VWAP of trades in the last 30 minutes of continuous trading, and a few large last minute trades could disproportionately affect the final average, creating the possibility of price distortion.
    3. When distortion was worst: The vulnerability was concentrated on large event days, specifically index rebalancing days and derivative expiry days, when order flow is heavily one sided.
    4. The measured evidence: For NIFTY 50 stocks, volatility in the last half hour exceeded the volatility observed between 09:15 and 14:30 by 1.8 times on MSCI index rebalancing days and by 1.5 times on FTSE index rebalancing days in 2024.
    5. The conceptual shift: CAS converts closing price determination from passive averaging of past trades into dynamic demand and supply discovery, and reduces price noise while improving the information efficiency of Indian equity markets.
    6. The regulatory gain: The SEBI Chairperson stated that CAS provides the regulator with greater capability to identify manipulation than the earlier VWAP based system.

    What does the spread of closing auctions across major exchanges establish about the model?

    1. The peer group: With this move the National Stock Exchange and the Bombay Stock Exchange have joined NASDAQ, the New York Stock Exchange, the London Stock Exchange, Euronext, the Hong Kong Stock Exchange, Singapore Exchange, the Tokyo Stock Exchange and the Australian Securities Exchange, all of which fix closing prices by auction.
    2. United States, NASDAQ Closing Cross: A single price auction at the close that publishes indicative closing prices and order imbalance information in the minutes before the cross, so that participants can supply liquidity against a visible imbalance.
    3. United States, New York Stock Exchange Closing Auction: Designated Market Makers publish imbalance information before the close and are obliged to offset residual imbalance, which places an accountable intermediary inside the auction.
    4. United Kingdom, London Stock Exchange: A closing auction with a randomised end to the uncrossing phase, so that no participant can time an order to the exact final instant.
    5. Hong Kong Stock Exchange: Reintroduced its Closing Auction Session in 2016 with price limits and a random closing period, after an earlier version launched in 2008 was suspended in 2009 following manipulation concerns, which is the closest precedent for India's present position.
    6. Japan, Tokyo Stock Exchange: Uses the Itayose single price call auction method to determine the closing price, matching all eligible orders at one price.
    7. Australian Securities Exchange: Runs a single price closing auction with a randomised start, again to defeat last instant order timing.
    8. What the set demonstrates: Closing auctions were initially adopted to achieve efficient price discovery and have since become a liquidity event in their own right, with the volume share of closing auctions increasing across both Europe and America.

    Who gains from a cleaner closing price?

    1. Passive funds first: India's passive funds, which have expanded from a relatively small base to a multi crore asset base driven by exchange traded funds and index funds, are likely to be the biggest beneficiaries initially, because they depend on accurate closing prices to replicate benchmarks.
    2. Mutual funds have already moved: The SEBI Chairperson stated that mutual funds' participation rate in CAS has risen sharply to 25%, compared with 5% to 7% earlier.
    3. Large orders execute without leaking information: The auction allows large investors to participate anonymously and execute at a commonly discovered price, which reduces information leakage and the price impact that usually accompanies large orders placed close to market closing time.
    4. Foreign institutional capital: Foreign investors managing billions of dollars prefer markets with predictable closing mechanisms, so aligning India with international practice can improve institutional inflows into Indian equities.
    5. Better execution technology: Execution algorithms that analyse order imbalance, liquidity patterns and equilibrium prices push Indian markets toward institutional quality trading practices.
    6. A stronger valuation benchmark: A well functioning CAS makes the closing price a stronger valuation benchmark by incorporating the bid spread, order imbalance, liquidity and investor conviction, rather than only executed trade prices.

    Does concentrating price discovery into one window reduce manipulation or relocate it?

    1. The case that it reduces manipulation: Matching at a single equilibrium price with a blind order book removes the ability of a few late trades to pull an average, and the regulator gains a complete record of every order placed and cancelled inside the window.
    2. The case that it relocates manipulation: Concentrating the entire closing price determination into 20 minutes creates one high value target, and the first enforcement action arrived within ten days of launch.
    3. The evidence for the second reading: The alleged manipulation involved placing very large orders and cancelling them within seconds, a technique that works precisely because the auction aggregates orders before matching them.
    4. What actually changed: The manipulation did not disappear, it became visible, since the regulator could identify the pattern from the order and cancellation record in a way the VWAP system did not permit.
    5. The unresolved part: Detection after the event does not prevent the closing price on that day from being distorted, and the closing price then flows into index computation, net asset values and derivative settlement before the enforcement order is issued.

    What did SEBI's first CAS manipulation order find?

    1. The penalty and the entities: SEBI imposed a penalty of Rs 3.7 crore on Copthall Mauritius Investment Ltd. and Mansi Share and Stock Broking Private Ltd. and barred them from the market for allegedly manipulating trades during the CAS.
    2. The date and the context: The alleged violations occurred on 13 August 2026, the day on which weekly derivative contracts linked to the Sensex expired.
    3. The reference price rule: SEBI fixes the maximum permitted deviation from the reference price at 3% within the CAS.
    4. The buy side conduct: One entity placed large buy orders constituting at least 85% of all buy orders made in the minutes before the Sensex closed, all of them above the 3% deviation mark, and simultaneously cancelled its latest buy order.
    5. The sell side conduct: The other entity placed large sell orders across eight Sensex constituents totalling about 12.65 lakh shares, of which more than seven lakh shares were placed 2.5% below the reference price and 4.6 lakh shares below 1%, and cancelled them within four to five seconds.
    6. The alleged effect: The manipulation led to three price spikes.
    7. The alleged motive: SEBI's preliminary findings state that placing and then cancelling these large buy and sell orders allowed the noticees to avoid losses or wrongfully profit from positions in derivative trades that would otherwise have expired worthless.
    8. The stage of proceedings: The noticees have been given 21 days to respond to the interim order.
    9. The regulator's stated posture: The SEBI Chairperson stated that anyone manipulating the CAS would face strict and immediate action, that CAS exists for transparency, and that those who think they can manipulate CAS in order to discredit it are mistaken.

    Challenges to the Closing Auction Session

    1. Cash and derivative markets close at different times: Cash market closing prices are set through CAS while equity derivatives continue trading beyond the window, creating a temporary gap between spot and futures prices. e.g. on Sensex weekly expiry days the mismatch is largest, and it was on the 13 August 2026 expiry that the first manipulation case arose.
    2. Arbitrage strategies lose their reference: Arbitrage traders who price the spot against the future cannot do so cleanly when one leg is settled by auction and the other by continuous trading. e.g. cash and carry arbitrage positions built on a VWAP close now carry an unhedged residual through the auction window.
    3. Algorithmic and institutional models were built on the old mechanism: Institutional traders and algorithmic firms must rebuild strategies that assumed a VWAP based close, factoring in auction imbalances, indicative prices and real time order flow. e.g. SEBI itself stated that the problem is a lack of understanding, because algorithms and other players historically based their models on the old mechanism.
    4. Index levels jumped across the auction in early sessions: Participants raised concerns over the sharp difference between index levels recorded before CAS and after the auction on the first two trading days, though SEBI ruled out foul play. e.g. this gap appeared immediately after the 3 August 2026 launch, before participation had stabilised.
    5. Illiquid securities cannot generate a representative price: The efficiency of CAS depends on sufficient order participation, and in less liquid securities limited buy and sell orders may produce a closing price that does not represent broader market sentiment. e.g. this is why the mechanism was launched only for stocks with futures and options contracts rather than the whole cash market.
    6. Retail investors do not recognise the new closing price: For many retail investors the closing price has traditionally meant the last traded price or a VWAP figure, so intraday traders and derivative participants may find the auction price confusing. e.g. an investor comparing a broker application's last traded price with the official closing price on the same screen sees two different numbers.
    7. Order cancellation is a manipulation channel the auction structure enables: Large orders placed to shift the indicative equilibrium and then withdrawn before matching are the classic auction manipulation technique. e.g. the 13 August 2026 case involved sell orders cancelled within four to five seconds of being placed.
    8. The 3% deviation band can itself be gamed: A cap on deviation from the reference price becomes a target that orders cluster against rather than a limit they respect. e.g. all of the buy orders in the first enforcement case were placed above the 3% deviation mark.
    9. Derivative expiry concentration magnifies the stake: Restricting the number of weekly expiries per exchange concentrated open interest into fewer expiry days, so the value riding on a single closing price rose. e.g. the alleged manipulation was targeted at derivative positions that would otherwise have expired worthless.
    10. Enforcement is after the fact: An interim order issued days later cannot restore a distorted closing price that has already flowed into net asset values, index levels and settlement. e.g. the Rs 3.7 crore order came with a 21 day response window, long after the 13 August settlement had been completed.

    Conclusion

    CAS replaces a passively computed average with an actively discovered equilibrium, and on the evidence of the first three weeks it is working as intended, with mutual fund participation quadrupling and the regulator able to reconstruct manipulation from the order record in a way the VWAP system did not allow. What the first enforcement case shows is that the reform relocates manipulation rather than eliminating it, moving it from a diffuse 30 minute average into a concentrated 20 minute auction where it is more consequential but also more visible. The correct test of the mechanism is not the volatility of its first fortnight but measurable improvement in market quality, specifically lower tracking errors, reduced closing price variance, narrower spreads, improved liquidity and stronger price efficiency.

    India's Securities Market

    1. What it is: The securities market is the set of institutions through which companies and governments raise capital by issuing securities and through which those securities are subsequently traded, valued and settled.
    2. Two segments: The primary market handles fresh issuance through public offers and private placements, while the secondary market handles trading of already issued securities on exchanges.
    3. Regulatory architecture: SEBI regulates the securities market, the RBI regulates the government securities and money markets, and the Insurance Regulatory and Development Authority of India and the Pension Fund Regulatory and Development Authority regulate the institutional investors that participate in it.
    4. Two national exchanges: The Bombay Stock Exchange, established in 1875, is Asia's oldest stock exchange, and the National Stock Exchange, which began operations in 1994, introduced screen based nationwide electronic trading.
    5. Global standing in derivatives: India accounts for a very large share of equity option contracts traded globally, and the National Stock Exchange has ranked as the world's largest derivatives exchange by number of contracts traded for several consecutive years.
    6. Dematerialised holding: Securities are held in electronic form through two depositories, the National Securities Depository Limited and the Central Depository Services Limited, established under the Depositories Act, 1996.
    7. Settlement cycle: India moved to a T plus 1 settlement cycle for all listed equities by January 2023, becoming one of the first large markets to do so, and has since introduced an optional same day settlement segment.
    8. Rising retail and passive participation: Growth in demat account openings, systematic investment plans and index linked products has made passive funds a structurally important source of demand, which is why the accuracy of the closing price now carries system wide consequences.
    9. Investor protection funds: Exchanges maintain Investor Protection Funds and SEBI operates an Investor Protection and Education Fund funded partly from disgorged amounts and penalties.

    Laws and Rules Governing India's Securities Market

    1. Securities and Exchange Board of India Act, 1992: Constitutes SEBI as a statutory body and gives it the powers to protect investor interests, promote market development and regulate the securities market.
    2. Section 11 confers the general power to regulate, and Section 11B the power to issue directions, including the interim orders under which market access is barred.
    3. Section 15HA provides the penalty for fraudulent and unfair trade practices, and Section 15J sets the factors for determining the quantum of penalty.
    4. Securities Contracts (Regulation) Act, 1956: Governs the recognition and regulation of stock exchanges, the definition of securities and the listing of securities.
    5. Securities Contracts (Regulation) Rules, 1957: Prescribe minimum public shareholding requirements and the conditions for continued listing.
    6. Depositories Act, 1996: Provides for the dematerialisation of securities and the constitution and regulation of depositories and depository participants.
    7. Companies Act, 2013: Governs public issues, prospectus disclosure, related party transactions and corporate governance obligations of listed companies.
    8. SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003: Prohibit manipulative and deceptive devices, including placing orders with no intention of executing them, which is the provision under which order and cancellation manipulation is pursued.
    9. SEBI (Prohibition of Insider Trading) Regulations, 2015: Prohibit trading on unpublished price sensitive information and require listed companies to maintain structured digital databases of such information.
    10. SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: Fix continuous disclosure, board composition and related party approval requirements for listed entities.
    11. SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011: Govern open offers on acquisition of control or of specified shareholding thresholds.
    12. SEBI (Intermediaries) Regulations, 2008: Govern registration and conduct of brokers, merchant bankers and other intermediaries, under which broking entities are proceeded against.
    13. Prevention of Money Laundering Act, 2002: Applies know your customer and beneficial ownership obligations to market intermediaries and foreign portfolio investors.

    Key Facts about SEBI and India's Exchanges

    1. CAS was launched on 3 August 2026, initially for stocks having futures and options contracts, and runs from 3:15 p.m. to 3:35 p.m.
    2. SEBI fixes the maximum deviation from the reference price within the CAS at 3%.
    3. Mutual fund participation in CAS rose to 25% from 5% to 7% earlier within the first weeks of operation.
    4. SEBI released its study on retail and non retail participation in the derivatives market for 2025-26 on 20 August 2026.
    5. An earlier SEBI study flagged that over 90% of trades by retail investors in the derivatives segment resulted in losses.
    6. SEBI's measures to curb excessive derivatives volatility include increasing lot sizes and limiting the number of expiries per exchange, while the Union Budget raised the Securities Transaction Tax on the segment.
    7. SEBI was established as a non statutory body in April 1988 and given statutory status by the SEBI Act, 1992 with effect from 30 January 1992.
    8. SEBI's headquarters is at the Bandra Kurla Complex in Mumbai, with regional offices in New Delhi, Kolkata, Chennai and Ahmedabad.
    9. Appeals against SEBI orders lie to the Securities Appellate Tribunal, and from there to the Supreme Court on a question of law.
    10. National Investors' Day, marking investor awareness, and the Investor Protection and Education Fund are both instruments through which SEBI discharges its investor protection mandate.

    Back2Basics: Securities and Exchange Board of India

    1. Governing Act: Constituted under the Securities and Exchange Board of India Act, 1992.
    2. Year established: Set up as an administrative body in April 1988 and given statutory powers with effect from 30 January 1992.
    3. Administrative ministry: Functions under the Department of Economic Affairs, Ministry of Finance.
    4. Threefold mandate: To protect the interests of investors in securities, to promote the development of the securities market, and to regulate the securities market.
    5. Composition: A Chairperson, two members from among officials of the Union Ministries dealing with finance and law, one member from the RBI, and five other members appointed by the Union Government, of whom at least three are whole time members.
    6. Appointment: The Chairperson and members are appointed by the Union Government, and the Chairperson can be removed only on the grounds specified in the Act.
    7. Jurisdiction: Covers stock exchanges, depositories, brokers, merchant bankers, mutual funds, foreign portfolio investors, credit rating agencies, listed companies and investment advisers.
    8. Quasi legislative power: Frames regulations binding on all market participants without requiring prior parliamentary approval, subject to laying before Parliament.
    9. Quasi judicial power: Conducts inquiries, passes interim and final orders, imposes monetary penalties, bars entities from the market and orders disgorgement of unlawful gains.
    10. Quasi executive power: Investigates, conducts search and seizure with the approval of a designated court, and calls for records from any person associated with the securities market.
    11. Appellate route: Its orders are appealable to the Securities Appellate Tribunal, a statutory tribunal constituted under the same Act.

    Challenges in India's Securities Market

    1. Retail losses concentrated in derivatives: Retail participation has grown fastest in the segment where retail outcomes are worst. e.g. a SEBI study found that over 90% of trades by retail investors in the futures and options segment led to losses.
    2. Speed advantage of co-located algorithmic trading: Firms with exchange co-located servers execute in fractions of the time available to other participants, raising questions of unequal access. e.g. the National Stock Exchange co-location matter, in which SEBI passed disgorgement orders, ran for years before resolution.
    3. Manipulation in small and mid cap counters: Thin float and low liquidity make price manipulation cheap in smaller listed companies. e.g. SEBI's action against Dhenu Buildcon Infra Ltd. for allegedly creating a Rs 1,000 crore unsecured loan through 46 transactions over eight days and converting part of it into equity through preferential allotment, leaving six entities with 99.70% of outstanding equity.
    4. Unregistered investment advice through digital channels: Social media based tip providers operate outside the registered investment adviser framework. e.g. SEBI has repeatedly issued orders against finfluencers running paid advisory channels without registration.
    5. Enforcement timelines outrun market timelines: Investigation, interim order, final order and appeal can take years while the price effect is realised in minutes. e.g. an interim order carrying a 21 day response window is issued after the affected settlement is complete.
    6. Corporate governance failures at listed entities: Related party transactions and fund diversion continue to surface after the fact. e.g. the Central Bureau of Investigation registered a case against Gensol Engineering Limited, Gensol EV Lease Limited and their promoters for allegedly causing a loss of Rs 672.74 crore to the Indian Renewable Energy Development Agency Limited.
    7. Concentration risk from passive investing: As index funds grow, index inclusion and rebalancing decisions move prices independently of company fundamentals. e.g. volatility on MSCI and FTSE rebalancing days for NIFTY 50 stocks ran 1.8 times and 1.5 times the normal session volatility in 2024.
    8. Cross border and offshore derivative exposure: Positions built through offshore derivative instruments and foreign entities complicate beneficial ownership tracing. e.g. the first CAS manipulation order named a Mauritius domiciled investment entity.
    9. Investor grievance redress capacity: The volume of complaints from a rapidly widening retail base outpaces the capacity of the online dispute resolution and grievance mechanisms. e.g. the SCORES platform and the Online Dispute Resolution portal were both introduced in response to backlogs rather than in anticipation of them.

    Way Forward

    1. Align the derivative and cash market close: Extend an auction based or reference linked close to the derivatives segment, so that the spot and futures legs settle against a consistent price and the expiry day arbitrage gap closes.
    2. Publish indicative equilibrium prices and imbalance during the window: Adopt the NASDAQ and New York Stock Exchange practice of disseminating indicative prices and order imbalance, so that participants can supply liquidity against a visible imbalance rather than trade blind.
    3. Randomise the auction close: Follow the London Stock Exchange and Australian Securities Exchange practice of a randomised uncrossing moment, so that an order timed to the final instant cannot determine the outcome.
    4. Penalise order and cancellation patterns directly: Frame an explicit order to trade ratio and cancellation threshold for the auction window, so that placing large orders with no intention of execution is actionable on the pattern itself rather than only on proof of derivative gain.
    5. Phase the extension to illiquid securities: Extend CAS beyond futures and options eligible stocks only where a minimum order participation threshold is demonstrated, so that thin counters are not given a closing price that no consensus supports.
    6. Run a structured transition programme for algorithmic participants: Publish auction microstructure documentation and offer a simulated environment, since the regulator has itself identified model dependence on the old mechanism as the core adjustment problem.
    7. Invest in retail investor communication: Explain through exchange and broker interfaces why the last traded price and the official closing price now differ, so that the change does not itself become a source of mistrust.
    8. Publish a market quality dashboard: Report tracking error, closing price variance, bid ask spreads and auction liquidity on a rolling basis, so that CAS is evaluated on the metrics the reform was designed to improve rather than on daily volatility.

    Matching Previous Year Question

    “[2025] Consider the following statements: I. India accounts for a very large portion of all equity option contracts traded globally, thus exhibiting a great boom. II. India's stock market has grown rapidly in the recent past, even overtaking Hong Kong's at some point in time. III. There is no regulatory body either to warn small investors about the risks of options trading or to act on unregistered financial advisors in this regard. Which of the statements given above are correct? (a) I and II only (b) II and III only (c) I and III only (d) I, II and III Answer: (a)”

  • Workers protesting for higher wages spent over 50 days in jail on average until courts intervened

    Why in the News

    An investigation into 222 bail orders arising from the April 2026 wage protests by factory workers in Noida found that relief was granted in 188 of them, or 84 per cent, after courts repeatedly held that mere presence in a protesting crowd is not evidence of criminal intent. The average protester nonetheless spent 53 days in custody before that relief arrived. Two protests over comparable grievances in the same month produced opposite outcomes, one ending in a ministerial resignation and an assurance of no prosecution, the other in mass arrests and preventive detention.

    What is the National Security Act, 1980?

    1. What it is: A central preventive detention law that allows the State to detain a person to prevent an apprehended act, without trial and without a criminal charge being proved.
    2. The period it permits: It allows detention for up to one year without trial.
    3. Who orders it: A district magistrate, a commissioner of police or the State government may pass the detention order, and the State government must confirm it.
    4. Its use in this case: Two of those arrested in the Noida protests were booked under the Act, a former journalist and a university graduate, and their pleas are pending before the Supreme Court and the Allahabad High Court respectively.

    What is the current status of the right to protest in India?

    1. A derived right, not an enumerated one: The right to protest is not written into the Constitution as a separate right, it is derived from the freedom of speech under Article 19(1)(a) and the freedom to assemble peaceably and without arms under Article 19(1)(b).
    2. The qualification on it: Both freedoms are subject to reasonable restrictions in the interests of public order and the sovereignty and integrity of India.
    3. The peaceful assembly limit: Protection extends only to assembly that is peaceable and unarmed, so the State may act against an assembly once it turns violent.
    4. The bail standard courts applied here: Judges in these cases held that mere presence at a protest is not evidence to deny bail, that the absence of specific evidence outweighs the gravity of the charges, and that ordinary workers cannot be equated with those found organising or instigating violence.
    5. Preventive detention sits alongside it: A person may be detained without trial under a preventive detention law even where no offence has been proved, which is the route taken against two of the accused here.

    Constitutional Provisions Related to Protest, Liberty and Preventive Detention

    1. Article 19(1)(a): Guarantees freedom of speech and expression, from which the right to protest is derived.
    2. Article 19(1)(b): Guarantees the right to assemble peaceably and without arms.
    3. Article 19(1)(c): Guarantees the right to form associations or unions, the basis of the right to organise labour.
    4. Article 19(2) and 19(3): Permit reasonable restrictions on speech and on assembly in the interests of public order.
    5. Article 21: Guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law, read to require a just, fair and reasonable procedure.
    6. Article 22(1) and 22(2): Guarantee an arrested person the right to be informed of the grounds of arrest, to consult a legal practitioner, and to be produced before a magistrate within twenty four hours.
    7. Article 22(3): Expressly withdraws those protections from a person detained under a preventive detention law.
    8. Article 22(4) and 22(5): Cap preventive detention at three months unless an Advisory Board of persons qualified to be High Court judges reports sufficient cause, and require the grounds of detention to be communicated to the detainee.
    9. Entry 9, Union List and Entry 3, Concurrent List: Place preventive detention connected with defence and foreign affairs with the Union, and preventive detention for reasons connected with State security and the maintenance of public order on the Concurrent List.
    10. Article 23: Prohibits forced labour, the constitutional anchor of minimum wage jurisprudence.
    11. Article 43: Directs the State to secure a living wage and conditions of work ensuring a decent standard of life, as a Directive Principle.

    What triggered the Noida wage protests?

    1. Rising fuel costs: Rising liquefied petroleum gas cylinder prices amid the West Asia crisis, with workers additionally citing black market prices for cylinders.
    2. A rumour about the Labour Codes: WhatsApp rumours in late March that the new Labour Codes would raise minimum wages.
    3. A neighbouring wage settlement: Wage hike protests in Haryana's Manesar, which produced a settlement that workers in Noida then demanded for themselves.
    4. The underlying grievances: Workers cited unrealistic work targets, the absence of social security benefits such as provident fund, and hiring on a temporary basis through contractors.
    5. Working hours in practice: Workers said they were officially on eight hour shifts but routinely worked ten to twelve hours with few breaks, with safety, especially for women, a further concern.

    What did the wage revisions actually deliver?

    1. The Haryana settlement: After the Manesar protests, the State government announced a 35 per cent hike in minimum monthly wages on 9 April, backdated to 1 April.
    2. The Haryana figures: Rs 15,220.71 for unskilled workers and Rs 19,425.85 for highly skilled workers.
    3. The effect on Noida: The Haryana announcement intensified the Noida protests, which turned violent as workers and activists took to the streets.
    4. The Uttar Pradesh interim hike: Calm returned after the State announced its own interim revision on 14 April, raising unskilled wages from Rs 11,313 to Rs 13,690 and skilled wages from Rs 13,940 to Rs 16,868 in Gautam Buddh Nagar and Ghaziabad.
    5. The parallel warning: Authorities in Noida warned contractors that complaints against them would be dealt with harshly.

    What did the bail orders across the seven FIRs establish?

    1. First Information Report 149 of 2026, Noida Phase III: 31 granted bail and 6 denied, on an allegation that 300 to 400 accused entered an electronics firm's premises in Sector 67 on 13 April carrying lathis, sticks, bricks, stones and deadly weapons and extended threats to kill. The sessions court held that the mere fact that an accused was part of the crowd cannot by itself lead to the conclusion that he possessed the same grave criminal intent, and found that the prosecution had described the crowd's acts in a collective manner without specifying individual roles. Fourteen further grants came from the High Court.
    2. First Information Report 151 of 2026, Noida Phase III: 37 granted bail, on an allegation of stone pelting with intent to cause death and vandalism of security gates, closed circuit television cameras, glass structures and office property. The prosecution relied on an informant's statement, an inspection of the site and closed circuit television footage, and the court found that no such footage or electronic record had been placed on record depicting the accused in any violent activity.
    3. First Information Report 163 of 2026, Noida Phase II: 3 granted bail and 10 denied, arising from protests by workers of three garment and apparel firms between 10 and 11 April. Bail went to three who had remained in judicial custody for a long period once the chargesheet was filed, and was refused to ten on prima facie allegations of an active conspiratorial role, including the creation of WhatsApp groups in the names of companies and the recovery of banners, posters and pamphlets from their residences.
    4. First Information Report 165 of 2026, Noida Phase II: 29 granted bail and 6 denied, on an allegation that 450 to 500 workers assembled in Sector 84 and elsewhere on 13 April over wages, overtime and bonuses, and that the protest turned violent between 8.30 am and 9.30 pm. The prosecution cited independent witnesses including a water vendor, a chowmein cart owner and a rickshaw puller, and the court found it was not clear how they were previously acquainted with or able to identify the accused, adding that the presence of an accused at a labourers' protest is not unnatural. Six further grants came from the High Court.
    5. First Information Report 169 of 2026, Noida Phase II: 26 granted bail and 1 denied, on an allegation that garment exporter employees blocked gates, restrained workers from entering and threatened vandalism and arson from 10 April. The court noted the First Information Report was lodged nearly ten days after the incident with several accused not named in it and no explanation for the delay, and that the complaint reflected no actual incident of arson or injuries. The single refusal rested on closed circuit television footage establishing a specific role.
    6. First Information Report 172 of 2026, Noida Phase I: 21 granted bail and 7 denied, on an allegation that workers of an auto components manufacturer blocked a public road, damaged government and company property and injured police personnel. The court held that the only allegation was presence in the protesting crowd, that the role of every person in a crowd cannot be treated the same, and that mere presence does not by itself make every accused equally liable where no specific act is attributed.
    7. First Information Report 164 of 2026, Noida Phase II: 41 granted bail and 4 denied, with 39 of the 41 grants coming from the Allahabad High Court, which applied a broad standard resting on the facts and circumstances of the case, the evidence on record and grounds of parity.

    On what grounds was bail refused?

    1. The common accusation: Those denied relief face an alleged role in the conspiracy rather than an alleged act at the protest.
    2. Administering WhatsApp groups: Courts cited data showing certain accused were administrators of a WhatsApp group alleged to have been created to facilitate the commission of violence.
    3. Mobilisation from outside: Bail was refused to accused said to have called others to Noida for the protests or to have run groups to mobilise and instigate workers.
    4. Absence of an employment link: One court held that persons with no direct employment relationship with the companies concerned stand on a different footing from the companies' own workers.
    5. Statements of co accused: In one case bail was refused on the statements of co accused despite the defence pointing to the absence of prior criminal antecedents.
    6. Preventive detention instead of bail: On 13 May, nearly a month after the protests turned violent, the State invoked the National Security Act, 1980 against a 60 year old former journalist from Lucknow and a 25 year old Delhi University graduate, taking both outside the bail process altogether.
    7. The material cited in the detention orders: The grounds included membership of a political organisation, writing described as inciting a new generation to join a rebel organisation, joining a library run by a co accused, the recovery of a book on Indian revolutionaries described as a controversial work of literature, and participation in earlier protests over citizenship registration and over Gaza. One police report used the term andolanjeevi.

    What did the arrests cost the workers and their families?

    1. Time in custody: Across the 106 arrests carrying substantive allegations, ranging from rioting and arson to attempt to murder, the average period a protester spent in custody was 53 days.
    2. Arrest away from any protest: A 34 year old daily wage worker was picked up from Labour Chowk on 14 April while looking for work, and was released on bail 40 days later.
    3. Cost of the process itself: That worker's family, migrants from Bihar, spent nearly Rs 50,000 on jail and court visits alone, and his mother lost her factory job over the frequency of those visits.
    4. The scale of borrowing: The families of two young men aged 20 and 18 from Sitamarhi spent almost Rs 3 lakh between them on bail, and sought relatives' help for surety bonds.
    5. Length of detention for the young: One of those two completed three months and a day in jail, and was released two days after the other because of a documentation problem.
    6. The lasting effect: A 19 year old picked up on 14 April after stepping out of his workplace for a meal was released on 18 May, and reports that his parents now call six times a day fearing he will be picked up again.

    Why did two protests over comparable grievances end so differently?

    1. The first outcome: The Jantar Mantar protest demanding a leak proof examination system ended with the Union Education Minister's resignation and an assurance by the Centre and the States that the police would pursue no case against the protesters.
    2. The second outcome: The week long protest beginning 10 April by factory workers in Noida demanding higher wages drew a police crackdown, with up to 200 people taken into custody.
    3. The distinction was not the demand: Both protests raised a grievance against a State failure, one over examination integrity and the other over the statutory minimum wage.
    4. The distinction was the protester: The workers were largely contract hires, migrants and daily wagers with no institutional voice, which is what left them dependent on the courts for relief the other protesters received by executive assurance.
    5. The State conceded the demand anyway: Uttar Pradesh raised wages on 14 April, so the substance of the workers' claim was accepted while the workers themselves remained in custody.
    6. The relief was judicial, not political: Courts granted relief in 84 per cent of the bail pleas, which means the correction came from the judiciary rather than from the executive that had made the arrests.

    Major debates surrounding preventive detention and the right to protest

    1. Preventive detention inside a rights guaranteeing Constitution: India is among the few democracies to carry preventive detention in the Constitution itself, and Article 22(3) removes the very safeguards Article 22(1) and 22(2) create for an arrested person.
    2. Public order against ordinary law and order: Preventive detention is available only for a threat to public order, and the line between a law and order breach and a public order breach determines whether the ordinary criminal process or detention without trial applies.
    3. Collective liability against individual act: The prosecution treats the crowd as the accused while the courts require a specific act attributed to a named individual, and the bail record here shows the two standards producing opposite results.
    4. Bail as the rule and jail as the exception: The settled principle collides with a practice in which the average protester spent 53 days in custody before a court applied it.
    5. Speech and association as evidence: Books read, library membership, publishing and participation in earlier protests were cited in the detention grounds, which raises whether protected expression can supply the material for a preventive order.
    6. Advisory Board review against judicial review: Preventive detention is reviewed by an Advisory Board rather than by a trial, so the detenu's remedy is a writ petition, which is slower than a bail application.
    7. The right to strike: Indian law recognises no fundamental right to strike, so a wage agitation has no protected status independent of the general freedom of assembly.

    Challenges to protecting the right to protest

    1. Procedure as punishment: Even where charges fail, the time spent in custody before bail is itself the penalty. e.g. the 53 day average custody in these Noida cases against an 84 per cent eventual bail rate.
    2. Collective First Information Reports: Naming 300 to 500 unidentified persons in a single complaint makes individual defence impossible and shifts the burden onto the accused. e.g. First Information Report 149 of 2026, where the sessions court found the prosecution had described the crowd's acts in a collective manner without specifying individual roles.
    3. Preventive detention bypasses bail entirely: Once a detention order is passed, the bail jurisprudence stops applying and the detenu must approach a constitutional court. e.g. the two National Security Act, 1980 detentions of 13 May 2026, whose pleas remain pending before the Supreme Court and the Allahabad High Court.
    4. Cost of accessing justice: Surety bonds, travel, lawyers and jail visits impoverish families whose original grievance was a wage below subsistence. e.g. one family spending nearly Rs 50,000 on visits and another almost Rs 3 lakh on two sons.
    5. Contract hiring removes institutional protection: Workers hired through contractors have no recognised union and no employer of record to negotiate on their behalf. e.g. courts here treated persons with no direct employer employee relationship with the companies as standing on a different footing when refusing bail.
    6. Delay in registering complaints: Complaints filed days after the event allow names to be added without contemporaneous evidence. e.g. First Information Report 169 of 2026, lodged nearly ten days after the incident with several accused not named in it.
    7. Unequal executive response: The executive can extend an assurance of no prosecution to one set of protesters and none to another, with no standard governing the choice. e.g. the Jantar Mantar assurance against the Noida crackdown in the same month.
    8. Absence of accountability for wrongful arrest: No consequence attaches to an investigating agency whose case collapses at the bail stage. e.g. senior police officers linked to this investigation declined comment on the findings.

    Conclusion

    The Noida record shows a criminal process in which the crowd, rather than a named individual with a proved act, was treated as the accused, and in which the correction came from the courts rather than from the agency that made the arrests. The State conceded the wage demand on 14 April while the workers who raised it remained in custody for weeks longer, so the substance of the grievance was accepted without any consequence for the arrests. The pending challenges to the two National Security Act, 1980 detentions, before the Supreme Court and the Allahabad High Court respectively, are the next milestone in the matter.

    What is Preventive Detention?

    1. About: Preventive detention is the confinement of a person to prevent an apprehended future act, rather than to punish a proved past offence, and it therefore involves no charge, trial or conviction.
    2. Rationale: It exists to allow the State to act on an anticipated threat to public order or State security in advance of the harm, on the reasoning that a completed offence would be too late to prevent.
    3. Punitive detention distinguished: Punitive detention follows conviction after a trial, preventive detention precedes any trial and rests on the subjective satisfaction of the detaining authority.
    4. The constitutional cap: Detention beyond three months requires an Advisory Board of persons qualified to be High Court judges to report sufficient cause, under Article 22(4).
    5. The grounds requirement: The authority must communicate the grounds of detention to the detainee and afford the earliest opportunity to make a representation, under Article 22(5).
    6. The judicial standard: Because the satisfaction is subjective, courts review the procedure and the relevance of the material rather than the sufficiency of the grounds themselves.

    Key Concerns Regarding Preventive Detention

    1. Constitutional safeguards expressly withdrawn: Article 22(3) removes the right to be informed of grounds of arrest, to counsel and to production before a magistrate for a preventively detained person.
    2. No requirement to prove an offence: Detention rests on apprehension rather than evidence of a committed act, so the ordinary standard of proof never applies.
    3. Executive rather than judicial review: An Advisory Board, not a trial court, examines the detention, and the detenu's only judicial route is a writ petition.
    4. Vague standards for public order: The distinction between a law and order breach and a public order breach is not statutorily defined, so classification is a matter of executive judgment.
    5. Successive detention orders: A fresh order can follow the revocation of an earlier one, extending confinement beyond the period any single order permits.
    6. Use against speech and association: Writing, publishing, reading and participating in earlier protests have been cited as material in detention grounds, converting protected expression into evidence of apprehended threat.

    Laws and Rules Governing Preventive Detention and Public Order in India

    1. Preventive Detention Act, 1950: The first post independence preventive detention statute, tested in A.K. Gopalan versus State of Madras in 1950, and allowed to lapse in 1969.
    2. Maintenance of Internal Security Act, 1971: Provided for preventive detention on internal security grounds and was repealed in 1978.
    3. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: Permits preventive detention in smuggling and foreign exchange matters, and remains in force.
    4. National Security Act, 1980: Permits detention for up to one year to prevent a person from acting prejudicially to the defence of India, the security of the State, relations with foreign powers, the maintenance of public order, or the maintenance of supplies and services essential to the community.
    5. Detention orders may be passed by a district magistrate, a commissioner of police or the State government, and must be confirmed by the State government.
    6. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: Provides preventive detention in narcotics cases.
    7. Unlawful Activities (Prevention) Act, 1967: Governs terrorist and unlawful association offences, with restrictive bail conditions in place of ordinary bail jurisprudence.
    8. Bharatiya Nagarik Suraksha Sanhita, 2023: Replaced the Code of Criminal Procedure, 1973 and carries the preventive powers of the police and the magistracy, including the dispersal of unlawful assemblies.
    9. Bharatiya Nyaya Sanhita, 2023: Carries the substantive offences of rioting, unlawful assembly, mischief and criminal conspiracy on which protest prosecutions are built.
    10. State security legislation: Several States operate their own public safety or goonda acts providing for preventive detention on locally defined grounds.

    Back2Basics: The Four Labour Codes

    1. What they are: Four consolidated central statutes that subsume 29 earlier central labour laws into a single framework covering wages, industrial relations, social security and workplace safety.
    2. Code on Wages, 2019: Merges four laws including the Minimum Wages Act, 1948 and the Payment of Wages Act, 1936, and provides for a statutory floor wage set by the Centre below which no State may fix its minimum wage.
    3. Industrial Relations Code, 2020: Merges three laws on trade unions, standing orders and industrial disputes, and raises the threshold for prior government permission for retrenchment and closure to establishments with 300 or more workers.
    4. Code on Social Security, 2020: Merges nine laws on provident fund, gratuity, maternity benefit and employees' state insurance, and for the first time brings gig and platform workers within the definition of beneficiaries.
    5. Occupational Safety, Health and Working Conditions Code, 2020: Merges 13 laws on factories, contract labour, migrant workmen and specific hazardous sectors.
    6. Coverage of minimum wages: The Code on Wages, 2019 extends minimum wage entitlement to all employees in both organised and unorganised sectors, whereas the earlier law applied only to scheduled employments.
    7. Why they figure here: A rumour in late March 2026 that the Codes would raise minimum wages was one of the three stated triggers of the Noida protests.

    Way Forward

    1. Require individualised allegations in a First Information Report: A complaint naming an unascertained crowd should be treated as insufficient to sustain custody absent a specific act attributed to a named person.
    2. Apply a statutory bail timeline in protest cases: A fixed outer limit for the first bail hearing would prevent the process itself becoming the punishment, as the 53 day average shows it did.
    3. Restrict preventive detention to defined public order threats: A statutory definition distinguishing a law and order breach from a public order breach would narrow the discretion the National Security Act, 1980 currently leaves to the detaining authority.
    4. Bar expression and association as sole detention grounds: Books read, publications authored and participation in earlier lawful protests should not by themselves constitute material for a preventive order.
    5. Enforce the Code on Wages, 2019 floor wage: Timely notification and revision of minimum wages removes the grievance that produced the agitation, since Uttar Pradesh conceded the revision within four days of the protests.
    6. Regulate contract hiring: Registration of contractors and a statutory grievance route for contract workers gives them a channel short of street protest, addressing the absence of any union or employer of record.
    7. Institutionalise a protest response protocol: A published standard for how the police respond to a peaceful assembly, applied uniformly, would end the disparity between the assurance given at Jantar Mantar and the crackdown at Noida.

    Matching Previous Year Question

    “[2023] Consider the following statements: 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from providing legal counsel to person being held for preventive detention 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence. How many of the above statements are correct? (a) Only one (b) Only two (c) All three (d) None Answer: (a)”

  • BRICS is working for a future that puts the planet first

    Why in the News

    India hosted the 12th BRICS Environment Ministers' Meeting on 18 August 2026 in New Delhi under its chairship of the grouping. The tension it exposes is that a bloc holding roughly 40 percent of global gross domestic product continues to argue for differentiated responsibility in climate action, while the outcomes it produces are principles and knowledge platforms rather than binding obligations.

    What is BRICS and what weight does it carry?

    1. What it is: BRICS is an intergovernmental grouping of major emerging economies, founded around Brazil, Russia, India, China and South Africa, that coordinates positions on economic governance, development and multilateral reform.
    2. Demographic weight: BRICS countries account for 49.5 percent of the world's population.
    3. Economic weight: They account for approximately 40 percent of global gross domestic product.
    4. Trade weight: They account for 26 percent of international trade, which together with the population and output figures underscores their growing influence on the global economy, the development agenda and the future direction of international cooperation.

    What is the BRICS Environment Working Group?

    1. What it is: The BRICS Environment Working Group is the technical body under which member countries negotiate environmental cooperation and prepare the outcomes adopted at the Environment Ministers' Meeting.
    2. Its function this cycle: Under India's chairship it organised its work around four interconnected priorities, which formed the substantive agenda of the 12th Environment Ministers' Meeting.

    What is Mission LiFE?

    1. What it is: Mission LiFE (Lifestyle for Environment) is an Indian initiative that seeks to shift climate action from state and market levers to individual and community behaviour, treating consumption choices as a mitigation instrument.
    2. Its role at BRICS: The BRICS priority on Promoting Sustainable Lifestyles builds directly on the principles of Mission LiFE.

    What is Ek Ped Maa Ke Naam?

    1. What it is: Ek Ped Maa Ke Naam, meaning a tree in the name of mother, is a national tree plantation campaign that ties ecological restoration to individual participation.
    2. What it demonstrates: Together with Mission LiFE it demonstrates the value of combining ecological restoration, public participation and community ownership.

    What were the four priorities of the BRICS Environment Working Group under India's chairship?

    1. Promoting Sustainable Lifestyles: Builds on the principles of Mission LiFE and encourages responsible and sustainable consumption and production, behavioural change, awareness among citizens and communities, and knowledge-sharing.
    2. Afforestation, Forest Fire Management and Disaster Resilience: Addresses growing pressures on forests, land and natural ecosystems through integrated landscape restoration, combating land degradation, wildfire preparedness and response, early-warning systems and ecosystem resilience, using scientific advances such as remote sensing and artificial intelligence.
    3. Circular Economy: Reflects the recognition that the traditional take, make and dispose model is no longer sustainable, and treats the circular economy as a key enabler of sustainable development and inclusive growth that reduces environmental pressures while creating economic opportunities and green employment through cooperation in research, innovation, technology transfer and capacity building.
    4. Adaptation: Responds to intensifying climate impacts and the disproportionate vulnerabilities of developing countries, and recognises that traditional, indigenous and local knowledge systems offer valuable insights for building resilience.

    What are the BRICS Principles for Advancing Climate Resilience through People-Centric and Community-Based Adaptation?

    1. What they are: A set of principles adopted under the BRICS adaptation priority that place communities rather than agencies at the centre of adaptation planning.
    2. The core method: They emphasise integrating traditional, indigenous and local knowledge with modern science and technology.
    3. The stated objective: The integration is intended to create context-specific, evidence-based and culturally appropriate adaptation solutions.
    4. Why the framing matters: Adaptation has become an urgent necessity particularly for developing countries facing disproportionate vulnerabilities, which is the constituency these principles are written for.

    What outcomes did India's chairship produce beyond declarations?

    1. Practical principles: The outcomes include the development of practical principles on sustainable lifestyles, integrated landscape management, forest fire preparedness and community-based adaptation.
    2. Technical products: They include technical reports, platforms, dialogues and knowledge-sharing networks rather than declaratory text alone.
    3. The process behind them: These outcomes reflect months of collaboration, negotiation and consensus-building among member countries.
    4. The claimed significance: They are presented as demonstrating the value of multilateral cooperation in addressing common environmental challenges at a time when multilateral processes are under strain.
    5. The stated guiding vision: India's chairship was guided by the stated aim of advancing the forum with a people-centric approach and the spirit of Humanity First, extending the inclusivity and Global South focus of India's G20 presidency.

    What does India's own record contribute to the BRICS position?

    1. Emissions intensity: India reduced the emissions intensity of its economy by 37.38 percent between 2005 and 2022.
    2. Non-fossil capacity: Non-fossil sources accounted for 54.18 percent of installed electricity capacity as of 30 June 2026.
    3. The forward commitment: India's new Nationally Determined Contribution (NDC) for 2031 to 2035, the national climate pledge submitted under the Paris Agreement, reflects a commitment to advancing climate action while supporting inclusive development and energy security.
    4. The argument these figures serve: India's efforts to reduce emissions intensity while expanding non-fossil energy capacity reinforce the position that development and environmental responsibility can advance together.
    5. The domestic template exported: Mission LiFE and Ek Ped Maa Ke Naam illustrate how climate action, biodiversity conservation, resilience-building and livelihood enhancement can reinforce one another when pursued through integrated approaches.

    Why does a bloc of this economic weight still argue for differentiated responsibility?

    1. The principle asserted: The principles of equity and Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) resonated across the meeting and remain fundamental to an effective and balanced global response to climate change.
    2. The basis of the claim: The principle rests on historical contribution to the accumulated stock of emissions and on current capability, not on present output share alone.
    3. The vulnerability argument: Adaptation is an urgent necessity particularly for developing countries facing disproportionate vulnerabilities, which is a burden the bloc's economic weight does not offset.
    4. The counter-pressure implicit in the figures: A grouping holding about 40 percent of global gross domestic product and 26 percent of international trade is difficult to present as a category requiring differentiated treatment on capability grounds.
    5. The bloc's own answer: Environmental action must be people-centric, implementation-oriented and responsive to the realities of developing countries, which shifts the test from aggregate output to conditions on the ground.
    6. The concession in the argument: Success will ultimately be measured not by the adoption of principles alone but by their ability to strengthen ecosystems, support livelihoods and build a more resilient future, which acknowledges that principles alone settle nothing.

    Conclusion

    The 12th BRICS Environment Ministers' Meeting in New Delhi on 18 August 2026 organised the bloc's environmental agenda around sustainable lifestyles, afforestation and disaster resilience, the circular economy and community-based adaptation, and adopted principles on people-centric adaptation grounded in equity and Common but Differentiated Responsibilities and Respective Capabilities. India brought to that table an emissions intensity reduction of 37.38 percent between 2005 and 2022, non-fossil sources at 54.18 percent of installed electricity capacity as of 30 June 2026, and a new Nationally Determined Contribution for 2031 to 2035. What remains unresolved is the conversion of adopted principles into strengthened ecosystems and supported livelihoods, which is the test the chairship has itself named.

    What is Common but Differentiated Responsibilities and Respective Capabilities?

    Source: Backgrounder, CoP UNFCCC.docx

    1. About: Common but Differentiated Responsibilities holds that all countries share the climate problem but that their obligations differ based on historical contributions to emissions and on current capability to act.
    2. Rationale: It exists to reconcile the universal character of the climate problem with the unequal responsibility for causing it and the unequal means available to address it.
    3. Where it was codified: It was embedded at the Rio Earth Summit of 1992 as the legal foundation of the climate regime and appears among the 27 principles of the Rio Declaration alongside the precautionary and polluter-pays principles.
    4. Annex I: Members of the Organisation for Economic Co-operation and Development as of 1992 plus economies in transition, required to adopt national policies to limit greenhouse gas emissions and protect sinks.
    5. Annex II: A subset of Annex I comprising only the Organisation for Economic Co-operation and Development members, required to provide financial resources to developing countries and facilitate technology transfer.
    6. Non-Annex I: Developing countries, carrying no binding emission targets under the original architecture.
    7. Least Developed Countries: A separate category given special consideration in view of limited capacity to respond to climate change.
    8. How Paris altered it: The Paris Agreement of 2015 replaced the firewall with a universal Nationally Determined Contribution system, common in framework but flexible in commitment, so differentiation survives through national determination rather than through separate annexes.

    Key Concerns Regarding Common but Differentiated Responsibilities

    1. The firewall's eroding legitimacy: As emerging economies became major annual emitters, the moral case for zero binding obligations on the non-Annex I side became the central contested question in climate diplomacy.
    2. Unmet finance obligations: The differentiated bargain rests on developed country finance that has repeatedly fallen short, and the 100 billion dollar per year pledge made at Copenhagen in 2009 became the most discussed unmet promise in the regime.
    3. Counting private finance as public obligation: Developed countries have sought to count private flows towards the finance goal, which India has objected to on the ground that private finance does not reach the most vulnerable countries and comes at commercial rather than concessional rates.
    4. Asymmetric transparency demands: Verification pressure has historically been applied to developing country mitigation rather than to developed country finance and technology transfer, which was the core of the standoff at Bali in 2007.
    5. No substantive obligation under the Paris system: Nationally Determined Contributions carry no international legal obligation on the substance of the target, so differentiation coexists with collectively insufficient ambition.
    6. Trade measures bypassing the principle: Unilateral trade instruments applied at the border shift the burden regardless of differentiated status, and India has treated the European Union's Carbon Border Adjustment Mechanism as incompatible with the principle.

    The Global Climate Governance Architecture

    Source: Backgrounder, CoP UNFCCC.docx

    1. Stockholm, 1972: The United Nations Conference on the Human Environment established the United Nations Environment Programme (UNEP), the first global intergovernmental platform for the environment, headquartered in Nairobi, and adopted the Stockholm Declaration of 26 non-binding principles.
    2. Rio Earth Summit, 1992: Produced three legally binding treaties in one conference, the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD) and the United Nations Convention to Combat Desertification (UNCCD), together called the Rio Trio, and codified Common but Differentiated Responsibilities as the foundational legal principle.
    3. Kyoto Protocol, 1997: The first legally binding instrument under the Framework Convention, requiring Annex I countries to cut emissions by an average of about 5 percent during 2008 to 2012, and creating three market mechanisms, the Clean Development Mechanism, Joint Implementation and Emissions Trading.
    4. Copenhagen, 2009: Recognised the 2 degrees Celsius limit for the first time and produced the first quantified climate finance goal of 100 billion dollars per year by 2020, negotiated by the BASIC group of Brazil, South Africa, India and China with the United States outside the formal process.
    5. Paris Agreement, 2015: Established the universal Nationally Determined Contribution system with submissions every five years and a no-backsliding progression rule, alongside Article 6 carbon markets, Article 9 finance obligations, the Enhanced Transparency Framework and the five-yearly Global Stocktake.
    6. Glasgow, 2021: Locked in the Article 6.2 and 6.4 rulebook including corresponding adjustments, and was where India announced its Panchamrit targets.
    7. Baku, 2024: Agreed the New Collective Quantified Goal (NCQG) of at least 300 billion dollars per year by 2035 from developed countries, with a broader aspirational goal of 1.3 trillion dollars per year from all sources.
    8. Belem, 2025: Adopted the Belem Political Package and the Global Mutirao declaration, agreed 59 Belem Adaptation Indicators under the United Arab Emirates Framework for Global Climate Resilience, established a Just Transition Mechanism, and was the deadline for third-generation Nationally Determined Contributions to 2035.
    9. The forward calendar: COP31 is to be held in Antalya, Turkiye in November 2026 and COP32 in Addis Ababa, Ethiopia in 2027.

    India's Standing Climate Targets

    Source: Backgrounder, CoP UNFCCC.docx

    1. Panchamrit, announced at Glasgow in 2021: Five commitments, namely 500 GW non-fossil energy capacity by 2030, 50 percent of energy requirements from renewable energy by 2030, reduction of projected carbon emissions by 1 billion tonnes by 2030, reduction of the carbon intensity of the economy by 45 percent by 2030 over 2005 levels, and net zero emissions by 2070.
    2. The 2022 Nationally Determined Contribution update: India upgraded its emissions intensity target to 45 percent by 2030 from the 33 to 35 percent pledged at Paris, and its non-fossil installed capacity target to 50 percent by 2030 from 40 percent.
    3. Ratification record: India signed the Paris Agreement on 22 April 2016 and ratified it on 2 October 2016, among the earliest major economies to do so.
    4. Long-Term Low Emission Development Strategy: A qualitative roadmap reaffirming net zero by 2070, grounded in climate justice and Common but Differentiated Responsibilities, spanning seven transitions across electricity, transport, industry, urban planning, forests, carbon removal and finance.
    5. Greenhouse Gases Emission Intensity Target Rules, 2025: Legally binding emission intensity targets notified for over 400 industrial units, covering aluminium, cement, chlor-alkali and pulp and paper initially, with iron and steel, fertiliser, petroleum refining, petrochemicals and textiles to follow, enforced through the Carbon Credit Trading Scheme, 2023.
    6. Article 6 National Designated Authority: A 21-member committee headed by the Secretary, Ministry of Environment, Forest and Climate Change, authorises projects under Article 6.4, with renewable energy, green hydrogen, green ammonia and carbon capture, utilisation and storage as eligible activities.

    Key Facts about BRICS

    1. The name: The acronym originated as BRIC for Brazil, Russia, India and China, with South Africa joining in 2010 to make BRICS.
    2. First summit: The first BRIC leaders' summit was held at Yekaterinburg in Russia in 2009.
    3. Expansion: Membership was expanded from 2024 to include Egypt, Ethiopia, Iran and the United Arab Emirates, with Indonesia joining in 2025.
    4. New Development Bank: Established under the 2014 Fortaleza Agreement and headquartered in Shanghai, it finances infrastructure and sustainable development projects in member and other developing countries.
    5. Contingent Reserve Arrangement: A currency swap framework agreed at Fortaleza in 2014 to provide members with short-term liquidity support against balance of payments pressure.
    6. Chairship: The chairship rotates annually among members, and India chairs the grouping for the current cycle.
    7. The environment track: The Environment Ministers' Meeting is the sectoral ministerial under which the BRICS Environment Working Group's outcomes are adopted, and the 12th meeting was held in New Delhi on 18 August 2026.

    Back2Basics: The New Development Bank

    1. What it is: The New Development Bank is a multilateral development bank established by the BRICS countries to mobilise resources for infrastructure and sustainable development projects.
    2. Founding instrument: It was established under the Agreement on the New Development Bank signed at the Fortaleza Summit in Brazil in 2014 and began operations in 2015.
    3. Headquarters: Shanghai, China, with regional offices including one in Johannesburg, South Africa.
    4. Capital structure: It was founded with equal shareholding among the five founding members, which distinguishes it from the weighted voting of the Bretton Woods institutions.
    5. Membership expansion: It has admitted non-founding members including Bangladesh, the United Arab Emirates, Egypt and Algeria.
    6. Mandate: It lends for infrastructure and sustainable development, with a significant share of its portfolio in clean energy, transport, water and sanitation, and urban development.
    7. India's position: India is a founding member and among the largest recipients of New Development Bank lending.

    Challenges to BRICS Environmental Cooperation

    1. Outcomes without binding force: The chairship's outputs are principles, technical reports and knowledge networks rather than enforceable commitments, e.g. the BRICS Principles on people-centric adaptation carry no compliance mechanism.
    2. Divergent member emission profiles: The bloc contains both the world's largest annual emitter and states with very low per capita emissions, which makes a single position difficult, e.g. China's annual emissions are several times India's while both invoke the same differentiated status.
    3. Fossil fuel dependence within the bloc: Several members are major hydrocarbon producers or exporters, which limits how far the grouping can go on transition language, e.g. Russia, Iran and the United Arab Emirates are among the world's leading oil and gas exporters.
    4. Finance gap unaddressed: The bloc restates the equity claim without an internal financing instrument for adaptation, e.g. adaptation finance for vulnerable members still depends on the contested developed country pledges under the Framework Convention.
    5. Unilateral trade measures bypassing the framework: Border carbon measures shift the burden regardless of differentiated status, e.g. the European Union's Carbon Border Adjustment Mechanism covers steel, aluminium, cement, fertilisers, electricity and hydrogen, and India has raised it as a trade barrier at the World Trade Organization.
    6. Bilateral frictions inside the grouping: Political disputes between members limit the depth of cooperation, e.g. unresolved boundary questions between two of the founding members constrain joint implementation.
    7. Institutional thinness: The grouping has no permanent secretariat, so continuity depends on the annual chair, e.g. priorities set under one chairship are not guaranteed carry-forward under the next.
    8. Weak measurement of implementation: Success is asserted through outputs rather than measured through outcomes, e.g. sustainable lifestyle and afforestation priorities carry no agreed indicator set comparable to the Belem Adaptation Indicators.

    Way Forward

    1. Convert principles into indicator sets: Attach measurable indicators and reporting timelines to each of the four priorities, so that the sustainable lifestyles, afforestation, circular economy and adaptation tracks can be assessed rather than asserted.
    2. Create a BRICS adaptation finance window: Use the New Development Bank to establish a dedicated adaptation and resilience lending facility, so the equity argument is backed by an internal instrument and not only by claims on developed country finance.
    3. Institutionalise the Environment Working Group: Give the working group a standing technical secretariat function, so priorities survive the annual rotation of the chairship.
    4. Build a shared technology transfer platform: Operationalise cooperation in research, innovation, technology transfer and capacity building for the circular economy through a common platform rather than through bilateral arrangements.
    5. Coordinate a joint response to border carbon measures: Present a common BRICS position at the World Trade Organization on unilateral trade instruments that bypass Common but Differentiated Responsibilities.
    6. Scale the community-based adaptation model: Convert the BRICS Principles on people-centric adaptation into pilot programmes with member country funding, integrating traditional and indigenous knowledge with remote sensing and artificial intelligence tools.
    7. Sustain the domestic template: Continue Mission LiFE and Ek Ped Maa Ke Naam as demonstrable models of behaviour-led and participation-led action that other members can adapt, so the chairship leaves a replicable method behind.

    Matching Previous Year Question

    “[2021, GS3, 10 marks] Explain the purpose of the Green Grid Initiative launched at the World Leaders Summit of the COP26 UN Climate Change Conference in Glasgow in November 2021. When was this idea first floated in the International Solar Alliance (ISA)?”

    # Compiled Articles, 20 August 2026 (Part 6, Items 31 to 36)

  • Clean electoral rolls are a necessary condition, and their selective use is the risk

    Why in the News

    The United States President’s appreciation of India’s election mechanism, and his social media post citing India’s Chief Election Commissioner on how the United States conducts elections without a valid photo identity, has put election integrity in both democracies under simultaneous scrutiny. Both political systems agree that rolls should be clean and voting should be verified, and disagree completely on who the requirement is meant to exclude.

    What is the Special Intensive Revision (SIR) of electoral rolls?

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Definition: Special Intensive Revision (SIR) is a comprehensive, time bound house to house verification drive involving fresh enumeration forms for all voters, door to door verification by Booth Level Officers, document verification of citizenship, deletion of ineligible entries and inclusion of omitted voters.
    2. How it differs from the routine exercise: Summary Revision is the routine annual update of additions, deletions and corrections carried out before general, Assembly and bye elections, with a qualifying date typically of 1 January.
    3. When it is triggered: SIR is exceptional and is triggered only when rolls have remained largely unchanged for years or when large scale irregularities are suspected.
    4. Statutory basis: Electoral rolls are prepared and maintained by the Election Commission of India under Article 324 of the Constitution and Section 21 of the Representation of the People Act, 1950, with intensive revision mandated under Sections 22 and 23 of that Act.

    What is the current status of electoral roll revision in India?

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Frequency in history: Intensive revisions have been carried out only 13 times in India’s history, in 1952, 1957, 1961, 1965, 1966, 1983-84, 1987-89, 1992, 1993, 1995, 2002, 2003 and 2004.
    2. The current exercise: The Election Commission launched a nationwide SIR 2.0 from 4 November 2025, the first in 21 years, covering 9 States and 3 Union Territories and targeting approximately 51 crore voter records.
    3. Method used: The exercise uses artificial intelligence driven duplicate detection and facial and identity match algorithms alongside field verification.
    4. The officer chain: The Chief Electoral Officer at State level, the District Election Officer at district level, the Electoral Registration Officer at constituency level and Booth Level Officers at polling booth level carry out the work.
    5. The immediately preceding exercise: The January 2025 Special Summary Revision was completed with no issues raised before the Bihar SIR was announced.
    6. The presumption cutoff: The exercise uses 2003 as the citizenship presumption cutoff, which effectively re verifies every voter added between 2003 and 2025.

    Constitutional Provisions Related to Elections and Electoral Rolls

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Article 324: Establishes the Election Commission of India and vests in it the superintendence, direction and control of elections to Parliament, State Legislatures and the offices of President and Vice President.
    2. Article 325: Guarantees that no person shall be ineligible for inclusion in, or claim to be included in, a special electoral roll on grounds of religion, race, caste or sex.
    3. Article 326: Provides that elections to the House of the People and State Legislative Assemblies shall be on the basis of adult suffrage, so every citizen not disqualified by a specific legal exception may vote.
    4. Articles 327 and 328: Authorise Parliament and State Legislatures respectively to make laws on all election related matters, including electoral rolls and delimitation of constituencies.
    5. Article 329: Bars courts from questioning laws relating to delimitation of constituencies, making Delimitation Commission orders final and non justiciable.
    6. Part XV: Articles 324 to 329 together constitute the electoral provisions of the Constitution, and they are the source of the Election Commission’s status as a constitutional body.

    Why has election integrity become contested in both democracies at the same time?

    1. Partisan mistrust as the common driver: Partisan politics in both countries has fostered political mistrust, which leads election losers to repeatedly question electoral integrity.
    2. Both sides want purification, in opposite directions: The liberal and progressive strands and the conservative and nativist strands in both countries want to purify and streamline electoral rolls and processes, in different and often contradictory ways.
    3. The ruling side’s claim: Ruling dispensations in both countries hold that the election process is too permissive and allows foreigners to obtain voting rights.
    4. The opposition’s claim: Their opponents point to systematic and premeditated efforts to target social groups in the name of election integrity.
    5. The point of agreement is narrow: No one disagrees that the process should be fair and transparent, and the agreement ends there.
    6. The shared opportunity: India and the United States could lead a shared democratic agenda on election rules, but only after restoring trust and integrity in their own electoral processes.

    How do the American and Indian election administration systems differ?

    1. United States, a decentralised and federalised process: The American electoral process is highly federalised and governed by fragmented rules and politics that resist the idea of a nationwide SIR type exercise.
    2. United States, the constitutional allocation: The Constitution grants each State its own methods, subject to the qualification that Congress may at any time by law make or alter such regulations.
    3. United States, the pending federal law: The expanded Safeguard American Voter Eligibility (SAVE) Act was passed in February and is pending in the Senate, and would require proof of citizenship for voter registration and photo identity for voting.
    4. United States, the gap identified: The decentralised system leaves too many loopholes in the process of enrolment and voting, and could benefit from a more robust national framework of the kind the Election Commission of India provides.
    5. India, a constitutional election authority: The Indian Constitution establishes the Election Commission as a constitutional body, unlike the American arrangement of State by State methods.
    6. India, a nationalised administration under strain: India’s nationalised election administration system has largely worked well and now faces a crisis of legitimacy.
    7. The common legal position: There is no ambiguity in existing law in either country that only citizens may register and vote, and the controversy is entirely about the process of ensuring this.

    Why can a legitimate requirement of clean rolls still damage trust?

    1. The requirement itself is elementary: Clean electoral rolls of citizens, and voting with photo identity, are elementary requirements of a fair process, and neither is objectionable in principle.
    2. The manner of introduction is the objection: In India the SIR is introducing the citizenship proof requirement without transparency, adequate consultation or sufficient time.
    3. Frequency argues for care, not speed: SIR is meant to be conducted only once in 20 years, which is precisely why it should be carried out carefully and inclusively.
    4. The same rule can serve two purposes: A requirement designed to exclude non citizens can equally be used to exclude citizens who lack the documents, and the two outcomes are indistinguishable in the roll.
    5. The standard both countries must meet: In both countries the state must not selectively weaponise these requirements against those not in power.

    Major debates surrounding electoral roll revision in India

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Bihar, the scale of deletion: A 47 lakh net reduction in the final roll, with 3.66 lakh removed in the last phase after draft publication, and allegations of large scale deletions in four border districts ahead of State elections.
    2. Bihar, the process failure: Booth Level Officers collected forms without acknowledgement slips, and contradictory deadlines of 25 July and 31 August caused mass confusion.
    3. West Bengal, the notice requirement: Large scale deletions were alleged, with Rule 18 of the Registration of Electors Rules, 1960, which requires individual notice before deletion, alleged to have been violated, and petitions filed in the Calcutta High Court against a contesting Commission affidavit.
    4. Uttar Pradesh, the quality of verification: Concerns were raised over disproportionate deletions in minority heavy constituencies, with field verification by Booth Level Officers reported as cursory and forms collected in bulk.
    5. Migrant voters: Multiple States including Jharkhand, Rajasthan and Assam reported that migrant workers away from their registered constituencies were deleted without notice.
    6. Timing without a stated trigger: The SIR was announced within six months of a clean January 2025 summary revision with no new justification offered.
    7. Feasibility of the timeline: The Commission’s own Assam National Register of Citizens experience shows that verification of this kind cannot be completed within the 90 days allotted.

    Challenges to a credible electoral roll revision

    1. Burden of proof falls on the voter: An intensive revision requires the voter to establish eligibility rather than requiring the state to establish ineligibility. e.g. the 2003 presumption cutoff placing the documentary burden on everyone enrolled between 2003 and 2025.
    2. Migrant and mobile populations are structurally exposed: Voters absent from their registered address during door to door verification are recorded as untraceable and deleted. e.g. migrant workers in Jharkhand, Rajasthan and Assam reported as deleted without notice.
    3. Notice requirements are unevenly observed: Deletion without individual notice removes the only opportunity to contest an error before publication. e.g. the alleged violation of Rule 18 of the Registration of Electors Rules, 1960 in West Bengal.
    4. Field capacity does not match the timeline: Booth Level Officers carry the entire verification load within a compressed window, and shortcuts follow. e.g. forms collected in bulk without acknowledgement slips in Bihar and cursory verification reported in Uttar Pradesh.
    5. Algorithmic deduplication carries error: Facial and identity match algorithms produce false positives that are removed before any human confirms the match. e.g. SIR 2.0 applying artificial intelligence driven duplicate detection across approximately 51 crore records.
    6. Contradictory administrative communication: Multiple deadlines and changing instructions destroy the voter’s ability to comply. e.g. the 25 July and 31 August deadlines issued in Bihar.
    7. Verification errors survive to the draft roll: Voters who submitted forms still appear in the deleted category, which shifts the burden to a post publication correction process. e.g. voters in Telangana finding their names listed under permanently shifted or dead in the recently released draft roll despite having filed forms.

    Conclusion

    Clean electoral rolls of citizens and voting with photo identity are elementary requirements of a fair process, and the disagreement in both India and the United States is about who the requirement is applied to and how. India’s nationalised system offers the national framework the American process lacks, and it is that system that now faces a crisis of legitimacy. An exercise conducted once in 20 years, over approximately 51 crore records, has to be carried out carefully and inclusively or it converts a legitimate purification into a selective exclusion. The obligation on the state in both countries is the same, not to weaponise these requirements against those not in power.

    What is Election Integrity?

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. About: Election integrity is the condition in which every stage of an election, from enrolment to the declaration of results, is conducted according to law and is accepted as such by winners and losers alike.
    2. Rationale: Democratic legitimacy rests on the losing side accepting the result, so integrity is measured by trust in the process rather than by the accuracy of the count alone.
    3. Pre poll phase: Covers electoral roll preparation and revision, delimitation and representation, candidate scrutiny and disqualification, and the registration and recognition of political parties.
    4. During poll phase: Covers the Model Code of Conduct, the voting mechanism including electronic voting machines and the Voter Verifiable Paper Audit Trail, and corrupt practices under Section 123 of the Representation of the People Act, 1951.
    5. Post poll phase: Covers exit and opinion poll regulation under Sections 126A and 126(1)(b) of the Representation of the People Act, 1951, and election disputes through election petitions before High Courts.
    6. The statutory division: The Representation of the People Act, 1950 governs the preparatory side including rolls and delimitation, and the Representation of the People Act, 1951 governs the conduct of elections including candidates, offences and disputes.

    Laws and Rules Governing Electoral Rolls and Elections

    Source: Backgrounder, Elections Lifecycle Approach.docx, supplemented

    1. Representation of the People Act, 1950: Provides for allocation of seats in Parliament and State Legislatures, delimitation of constituencies, and the preparation and maintenance of electoral rolls, and defines the machinery of electoral officers.
    2. Section 21: The provision under which electoral rolls are prepared and maintained.
    3. Sections 22 and 23: The provisions mandating correction, deletion and inclusion of entries, under which intensive revision is conducted.
    4. Representation of the People Act, 1951: Governs the conduct of elections, qualifications and disqualifications of candidates, nomination and scrutiny, corrupt practices, election offences, expenditure limits and election petitions.
    5. Section 8: Provides for disqualification on conviction, with immediate disqualification of a sitting legislator convicted and sentenced to two years or more, continuing for six years after release.
    6. Section 29A: Provides for registration of political parties with the Election Commission.
    7. Section 29C: Requires parties to disclose all donations above twenty thousand rupees annually to the Commission.
    8. Section 100: Sets out the grounds on which an election may be declared void.
    9. Registration of Electors Rules, 1960: Prescribe the procedure for preparation and revision of rolls, with Rule 18 requiring individual notice before deletion of an entry.
    10. Election Symbols (Reservation and Allotment) Order, 1968: Governs recognition of parties as State or National parties and the allotment of reserved and free symbols.
    11. Chief Election Commissioner and Other Election Commissioners (Service Conditions) Act, 2023: Governs the appointment and service conditions of the Chief Election Commissioner and Election Commissioners.
    12. Conduct of Elections Rules, 1961 (supplemented, not drawn from the Backgrounder): Prescribe the detailed procedure for nomination, polling, counting and declaration of results under the Representation of the People Act, 1951.

    Election Commission Initiatives to Strengthen the Electoral Process

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Electronic Voting Machines: Deployed across India since 2004, replacing the ballot box system used from 1952.
    2. Voter Verifiable Paper Audit Trail: Deployed at all polling stations from the 2019 elections, printing a slip visible to the voter for seven seconds before it falls into a sealed compartment.
    3. National Voters Services Portal: Allows voters to register, modify and confirm their electoral details online.
    4. cVIGIL mobile application: Introduced for the 2019 elections, enabling over 20,000 complaints of electoral malpractice to be reported directly to the Commission, with complaints attended within 100 minutes in Bihar.
    5. Systematic Voters Education and Electoral Participation: Targeted voter education campaigns that contributed to a turnout of approximately 67 percent in 2019, among the highest in Indian electoral history.
    6. Photo electoral rolls: All voter lists carried photographs by the 2019 elections, reducing impersonation risk.
    7. Election Seizure Management System: Provides real time reporting of interceptions of cash, liquor and other inducements, alongside 824 flying squads deployed in Bihar and static surveillance teams.
    8. Biometric identification: Piloted in select constituencies during State elections to verify voter identity more accurately.

    Key Facts about Elections and Electoral Rolls in India

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Voter access commitments: No polling station is to have more than 1,200 voters, and polling stations are to be located within 2 km of voters’ residences.
    2. Urban apathy measures: Polling stations are set up inside high rise buildings and residential colonies, with basic amenities guaranteed at every polling station.
    3. Seat freeze: The Lok Sabha seat count has been frozen at 543 on the basis of 1971 Census figures, and average voters per constituency has grown from roughly 10 lakh in 1971 to 18 lakh today.
    4. Delimitation Commissions: Four have been constituted so far, in 1952, 1963, 1973 and 2002.
    5. Expenditure ceiling: The official Lok Sabha election expenditure limit is now 95 lakh rupees, up from 25,000 rupees in 1951-52.
    6. Verification record of the machines: Over 4 crore Voter Verifiable Paper Audit Trail slips have been tallied with the electronic counts of their control units without a single mismatch recorded.

    Challenges in India’s Electoral System

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Criminalisation of politics: A record 251 of the 543 members elected to the 18th Lok Sabha in 2024, or 46 percent, have criminal cases registered against them, and the proportion with serious charges rose from 24 percent in 2004. e.g. the conviction rate for politicians involved in crimes standing at only 6 percent, so most accused legislators complete full terms.
    2. Money power and unaccounted funding: Over 60 percent of party income often comes from unknown sources, and registered political parties now exceed 2,800. e.g. cash, liquor and drugs worth over 100 crore rupees seized in Bihar in 2025 and 733.43 crore rupees in Karnataka in 2023.
    3. Seizures that do not convert into convictions: The burden of proving that seized cash was meant to influence votes defeats most cases. e.g. 303.86 crore rupees seized in the 2014 Lok Sabha election released after income assessment, with criminal cases filed in only three of hundreds of instances.
    4. Frozen representation: Seats fixed on 1971 population data leave voters in high growth States under represented, and any correction risks penalising States that reduced fertility. e.g. five southern States together standing to lose approximately 24 seats under a straight redistribution of the existing 543.
    5. Women’s under representation: Women form 49 percent of the population and held approximately 11 percent of Lok Sabha seats as of 2021. e.g. the Women’s Reservation Bill, first introduced in 1996, having failed multiple times, and state laws eroding the grassroots gains secured by the 73rd and 74th Amendments through retrograde eligibility criteria.
    6. Model Code of Conduct without statutory backing: The Code lacks statutory force and is enforced indirectly through existing law. e.g. the Supreme Court in Union of India versus Harbans Singh Jalal (2001) holding that the Code comes into force on the day the election date is announced, and opining that legalising the Code may not be suitable.
    7. Trust deficit in the Commission: Repeated controversies over electronic voting machines, SIR and turnout data have eroded the Commission’s moral authority. e.g. the demand that the Commission release detailed verification data and establish mechanisms for public scrutiny.
    8. Exit and opinion poll regulation gaps: Parliament limited only exit poll publication until the final phase, leaving opinion polls comparatively unrestricted. e.g. exit polls after the 2024 general elections significantly missing the actual result.

    Back2Basics: Election Commission of India (ECI)

    Source: Backgrounder, Elections Lifecycle Approach.docx

    1. Constitutional status: A constitutional body established on 25 January 1950 under Article 324, governed by Articles 324 to 329 in Part XV of the Constitution.
    2. Jurisdiction: Conducts and supervises elections to Parliament, State Legislatures and the offices of President and Vice President.
    3. Composition: A multi member body comprising one Chief Election Commissioner and up to two Election Commissioners.
    4. Status of the Chief Election Commissioner: Holds the same status, salary and perquisites as a judge of the Supreme Court, and can be removed only by a parliamentary address in the manner of a Supreme Court judge.
    5. Removal of Election Commissioners: An Election Commissioner can be removed by the President only on the recommendation of the Chief Election Commissioner.
    6. Appointment: Governed by the Chief Election Commissioner and Other Election Commissioners (Service Conditions) Act, 2023, under which a Selection Committee comprising the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister and the Leader of the Opposition in the Lok Sabha recommends candidates.
    7. The appointment dispute: The Supreme Court in Anoop Baranwal versus Union of India (2023) had directed that the selection panel include the Chief Justice of India until Parliament enacted a law, and the 2023 Act omitted the Chief Justice, which is under challenge.
    8. Administrative functions: Preparation and revision of electoral rolls, notification of election dates, scrutiny of nomination papers, recognition of political parties and allotment of symbols.
    9. Advisory and quasi judicial functions: Advises the President on disqualification of members of Parliament and Governors on State legislature disqualifications, cancels and reschedules polls for rigging or violence, and acts as a court for disputes on party recognition and symbols.

    Way Forward

    1. Publish the verification trail: Release booth level data on forms received, entries deleted and the reason recorded for each deletion, so that a claimed clean up is auditable rather than asserted.
    2. Enforce the individual notice requirement: Make compliance with Rule 18 of the Registration of Electors Rules, 1960 a precondition for deletion, with a recorded acknowledgement for every form collected.
    3. Match the timeline to the task: Set the revision period from the verification workload of the largest States rather than a uniform 90 day window, given the Assam experience.
    4. Provide a portable enrolment route for migrants: Enable remote or transferable enrolment so that absence from the registered address during verification does not by itself trigger deletion.
    5. Require human confirmation of algorithmic matches: Treat artificial intelligence generated duplicate and identity matches as flags for field verification rather than as grounds for deletion.
    6. Publish a single calendar: Issue one set of deadlines for each State at the outset, so that contradictory dates of the kind issued in Bihar do not recur.
    7. Restore the appointment safeguard: Settle the composition of the Selection Committee for Election Commissioners, since the Commission’s perceived independence is the foundation of any acceptance of its roll revision.
    8. Build a bilateral democratic agenda on rules, not on claims: Convert the shared interest of India and the United States in citizen only rolls and verified voting into a technical exchange on enrolment standards, after each restores trust in its own process.

    “[2018, GS2, 10 marks] In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?”

  • Early Closure of the FCNR(B) Swap Window and the Cost of Absorbing Dollars

    Why in the News

    The Reserve Bank of India (RBI) advanced the closure of the Foreign Currency Non-Resident (Bank), or FCNR(B), swap window by a month, and the RBI Governor defended the move on 19 August 2026 as a calibrated and data driven response rather than a reversal. The decision exposes a shift in the objective of India's forex defence, from maximising dollar inflows to managing the rising domestic cost of absorbing them.

    What is the FCNR(B) deposit and what was the swap window?

    1. The deposit: FCNR(B) deposits allow non residents to hold money in an Indian bank in the foreign currency itself, so the depositor faces no rupee exchange risk on the principal.
    2. Permanent availability: These deposits are available at all times and are a standing category of non resident deposit, not a temporary scheme.
    3. The temporary swap facility: In June 2026 the RBI opened a temporary window allowing banks to swap these foreign currency deposits with the central bank, with the RBI bearing the full currency risk on them.
    4. What the window did: By taking the currency risk off bank balance sheets, the facility made it commercially attractive for banks to mobilise fresh foreign currency deposits and convert them into rupee resources.

    What are External Commercial Borrowings?

    1. Foreign currency loans to Indian entities: External Commercial Borrowings (ECBs) are commercial loans raised by eligible Indian resident entities from recognised non resident lenders, governed by RBI limits on amount, maturity, end use and all in cost.

    What are Overseas Foreign Currency Borrowings?

    1. Bank borrowing abroad: Overseas Foreign Currency Borrowings (OFCBs) are foreign currency funds raised abroad by Indian banks themselves, typically through their overseas branches, and brought back to support domestic foreign currency lending and liquidity.

    What is sterilisation?

    1. Neutralising the rupee side of a dollar purchase: Sterilisation is the operation by which a central bank absorbs the rupee liquidity it releases when it buys foreign currency, using instruments such as open market sales of government securities or cash reserve ratio changes, so that the forex purchase does not add to domestic money supply.
    2. Why it has a cost: The central bank earns a low return on the dollars it holds and pays a higher domestic rate on the instruments used to absorb the rupees, and that spread is the sterilisation cost, which rises the longer the position is held.

    Why did the RBI advance the closure of the window?

    1. Inflows exceeded expectations: Inflows had been stronger than the RBI and most market participants had expected, so the quantity objective of the facility was met ahead of schedule.
    2. Diminishing marginal utility of each dollar: The Governor stated that there is a diminishing marginal utility of every dollar that is swapped, because each additional dollar adds less to an already adequate reserve and inflow position.
    3. Rising marginal cost: At the same time there is an increasing marginal cost, because the rupee liquidity created has to be sterilised for a longer period, and that cost accumulates with the size and duration of the position.
    4. A decision from strength: The closure was taken from a position of strength rather than under stress, and forms part of the RBI's wider external sector management.
    5. Not a reversal: The Governor stated that it would not be correct to call it a U turn, that it is rather a calibration, and that the move demonstrated the central bank's ability to remain flexible and data dependent amid rapidly changing conditions.

    Does an early closure amount to a policy reversal or a calibration?

    1. The criticism: Remarks made after the Monetary Policy Committee meeting of 5 August 2026 were read by the market as ruling out an early closure, so bringing the date forward within two weeks was read as a reversal of stated guidance.
    2. The defence on wording: The Governor pointed to the use of the words as of now in the statement that there was no proposal to advance the last date, which conditioned the guidance on the information available at that moment.
    3. The defence on process: The RBI had also said it would keep stakeholders informed of any decision, which on the central bank's reading indicated that an early closure had not been ruled out.
    4. The underlying trade off: Data dependence requires a central bank to change course when the data changes, while forward guidance requires it to keep its word, and the two objectives pull against each other whenever conditions move faster than the guidance horizon.
    5. Why the distinction matters commercially: Banks and depositors price fixed tenure instruments against the announced window, so an advanced closure imposes a real cost on those who planned against the earlier date, regardless of how the change is described.

    What do the three schemes mean for India's balance of payments?

    1. The combined expectation: The RBI expects the three schemes together, FCNR(B), ECBs and OFCBs, to attract at least $80 billion.
    2. What the number signals: The Governor stated that this reflects the country's strong macroeconomic fundamentals and would further strengthen the balance of payments.
    3. The channel: All three are capital account inflows, so they finance the current account deficit and add to reserves without requiring an improvement in the trade balance itself.
    4. The currency backdrop: The rupee stood at 95.76 to the United States dollar and the Indian basket crude oil price at $92.11 a barrel as of 18 August 2026, which is the pressure the inflows are being mobilised against.
    5. The market backdrop: The Sensex closed at 76,909.68, down 325.78 points or 0.42%, and the Nifty at 24,078.30, down 76.60 points or 0.32%, on the day the remarks were made.

    What did the Governor prescribe for Indian banks to reach global scale?

    1. The stated ambition: The Prime Minister has set out the objective of having an Indian bank among the world's top five, and the Governor stated that Indian banks have the scale and ability to achieve a larger global footprint and are on the right path.
    2. Governance and institutional strength: Banks must continue improving governance and institutional strength and build a sound risk management culture.
    3. Customer trust: They must sustain good customer service and retain customer trust, which the Governor listed as a distinct requirement rather than a consequence of the others.
    4. Technology and cost: They need to invest continuously in technology, reduce costs, improve efficiency and expand their reach.
    5. People: They must continuously train and equip their staff to adapt nimbly to a growing economy and a fast evolving financial system.
    6. On mergers: Asked whether bank mergers would hasten the process, the Governor said what is needed is a good, strong banking system with healthy competition, that the government merged a few banks earlier, and that whether there is a case for further mergers is a call the government can take.

    Challenges to the RBI's Forex Inflow Schemes and External Sector Management

    1. Sterilisation cost accumulates on the central bank's own balance sheet: Every dollar absorbed requires rupee liquidity to be withdrawn at a domestic rate higher than the return earned on reserves, and the spread is a direct cost. e.g. sustained open market sales of government securities to absorb liquidity push up domestic yields at the same time as the government is running a large borrowing programme.
    2. The inflows are debt creating, not equity: ECBs, OFCBs and FCNR(B) deposits all create a repayment obligation in foreign currency, unlike foreign direct investment, so they improve the balance of payments today at the cost of a redemption cliff later. e.g. the $34 billion FCNR(B) mobilisation of 2013 produced a concentrated redemption in late 2016 that the RBI had to manage through a pre announced forward book.
    3. Currency risk transfers to the central bank, not away from the system: Under the swap facility the RBI bears the full currency risk, so a sharp rupee depreciation converts a banking sector exposure into a public balance sheet loss. e.g. with the rupee at 95.76 to the dollar, every further rupee of depreciation raises the rupee cost of returning the same dollar principal.
    4. Guidance reversals raise the risk premium on future schemes: Advancing a closure date after indicating no such proposal makes participants discount the next announced window. e.g. banks that had built deposit mobilisation campaigns around the original closure date carry stranded acquisition costs.
    5. Inflows can reverse faster than they arrived: Non resident deposits and portfolio linked borrowings respond to interest rate differentials and can exit within a quarter. e.g. foreign portfolio investors withdrew a record of about Rs 1.66 lakh crore from Indian markets in 2025.
    6. Oil dominates the current account the schemes are financing: India imports the bulk of its crude requirement, so a rise in the crude price widens the deficit faster than capital inflows can be mobilised. e.g. the Indian basket price at $92.11 a barrel on 18 August 2026 sits well above the levels around which recent import bills were budgeted.
    7. Tariff shocks can undercut the export side simultaneously: Trade restrictions imposed by a major partner reduce export earnings at the same time as capital inflows are being courted. e.g. the imposition of tariffs of up to 50% on Indian goods by the United States in August 2025 hit textiles and auto components, which are labour intensive export earners.
    8. Concentration of banking scale can weaken competition: Pursuing a top five global bank through further mergers reduces the number of competing lenders, which the Governor himself flagged by insisting on healthy competition. e.g. the amalgamation of ten public sector banks into four with effect from 1 April 2020 cut the number of public sector banks from 27 in 2017 to 12.

    Conclusion

    The early closure of the FCNR(B) swap window is best read not as a change of view on the rupee but as the point at which the RBI judged the marginal cost of absorbing another dollar to exceed its marginal benefit. With the three schemes expected to deliver at least $80 billion, the quantity objective is largely met, and the residual task is managing the sterilisation cost of the liquidity already created. The open question is whether the communication cost of advancing an announced date will raise the price of the next facility the RBI needs to open.

    India's External Sector: Capital Flows and the Rupee

    Source: Backgrounder, External Sector_ FDI,FPI, Weakening Rupee against Dollar.docx

    1. Foreign Direct Investment: Foreign Direct Investment (FDI) is investment made to acquire a lasting interest and significant control over an enterprise, defined as 10% or more of the post issue paid up equity capital of a listed company, or any stake in an unlisted company.
    2. Foreign Portfolio Investment: Foreign Portfolio Investment (FPI) is investment in financial assets for short term financial gain without control, defined as less than 10% of the paid up equity capital of a listed company.
    3. Divergent stability: FDI is long term, strategic and often tied to physical assets such as factories, while FPI is highly liquid, passive and prone to sudden reversals during global stress.
    4. Split regulation: FDI is regulated primarily by the RBI under the Foreign Exchange Management Act and by the Department for Promotion of Industry and Internal Trade through the Consolidated FDI Policy, while FPI is regulated by the Securities and Exchange Board of India under the SEBI (Foreign Portfolio Investors) Regulations, 2019.
    5. FDI entry routes: Investment enters either through the automatic route, requiring no prior approval and only reporting to the RBI, or the government approval route requiring prior clearance, for example food retail and defence above 74%.
    6. Prohibited sectors: FDI is barred in atomic energy, gambling and lotteries, chit funds and Nidhi companies, real estate other than townships and special economic zones, and tobacco.
    7. Recent flow stress: Net FDI turned negative for three consecutive months even as gross inflows remained strong, driven by higher outward direct investment by Indian companies and high repatriation by foreign companies operating in India.
    8. The harvest phase: Many investments made in the early 2000s have reached a stage where funds prioritise profit booking over expansion, so repatriation rises without any deterioration in the investment climate.
    9. Portfolio outflow scale: FPIs recorded a record outflow of about Rs 1.66 lakh crore, roughly $18.9 billion, in 2025, the largest since FPI investment began in India.
    10. Financialisation of FDI: A growing share of FDI is routed through Alternative Investment Funds rather than direct industrial equity, so headline FDI increasingly behaves like volatile portfolio money and delivers less technology transfer.
    11. Round tripping: A large share of inflows still originates from Mauritius and Singapore, which points to tax arbitrage rather than fresh industrial capital and inflates the headline number relative to its productive impact.

    Statutory and Regulatory Framework Governing India's External Sector

    1. Foreign Exchange Management Act, 1999: Replaced the earlier control based regime and governs all current and capital account transactions, with the RBI as the administering authority.
    2. Section 6 of the Foreign Exchange Management Act, 1999: Empowers the RBI, in consultation with the Union Government, to specify the permissible classes of capital account transactions and the limits on them, which is the source of the FCNR(B), ECB and OFCB frameworks.
    3. Reserve Bank of India Act, 1934: Vests the RBI with the management of the country's foreign exchange reserves and with the issue and regulation of currency.
    4. Foreign Exchange Management (Deposit) Regulations, 2016: Govern non resident deposit accounts, including the FCNR(B), Non-Resident External and Non-Resident Ordinary categories.
    5. External Commercial Borrowings Master Direction of the RBI: Fixes eligible borrowers, recognised lenders, minimum average maturity, all in cost ceilings and permitted end uses for ECBs.
    6. Prevention of Money Laundering Act, 2002: Applies reporting and beneficial ownership requirements to cross border financial flows through banks and market intermediaries.
    7. SEBI (Foreign Portfolio Investors) Regulations, 2019: Govern registration, categorisation and investment limits for foreign portfolio investors in Indian securities.
    8. Consolidated FDI Policy of the Department for Promotion of Industry and Internal Trade: Codifies sectoral caps, entry routes and conditionalities for foreign direct investment.

    Government and Central Bank Initiatives to Manage External Sector Stress

    Source: Backgrounder, External Sector_ FDI,FPI, Weakening Rupee against Dollar.docx

    1. Open market operation purchases of government securities: A programme of about Rs 2 trillion in open market purchases, conducted in tranches, was used to offset the domestic cash crunch caused by portfolio investors pulling out of Indian equities.
    2. Dollar rupee swap and forex sales: A $10 billion dollar rupee swap auction, alongside direct sale of dollars, was used to prevent the rupee from crashing through a threshold level during a period of dollar shortage.
    3. Trade diversification through free trade agreements: The India European Union Free Trade Agreement and the India United Kingdom Comprehensive Economic and Trade Agreement are being used to reduce dependence on a single dominant export market.
    4. National Single Window System: Integrates 32 central departments and more than 25 States into a unified clearance portal to reduce approval delays that deter foreign investors.
    5. Jan Vishwas amendments: Decriminalisation of a large set of minor industry offences and removal of imprisonment for technical violations, aimed at reducing the perception of regulatory risk.
    6. New labour codes: Nationwide implementation of the four labour codes to simplify compliance on wages and social security for foreign investors.
    7. Beneficial ownership screening: Stricter beneficial ownership checks and portal upgrades to ensure incoming FDI brings permanent technology rather than tax arbitrage capital.

    Key Facts about India's Foreign Exchange Framework

    1. The rupee stood at 95.76 to the United States dollar and the Indian basket crude oil price at $92.11 a barrel as of 18 August 2026.
    2. The three schemes of FCNR(B), ECBs and OFCBs are together expected to attract at least $80 billion.
    3. India follows a managed float exchange rate regime, in which the rupee's external value is market determined and the RBI intervenes only to curb excessive volatility, not to defend a level.
    4. India's exchange rate arrangement is classified by the International Monetary Fund on the basis of observed intervention behaviour, not on any officially announced peg.
    5. The Foreign Exchange Management Act, 1999 replaced the Foreign Exchange Regulation Act, 1973, converting foreign exchange violations from criminal offences into civil contraventions.
    6. Non resident Indians hold rupee denominated deposits through Non-Resident External and Non-Resident Ordinary accounts, and foreign currency denominated deposits through FCNR(B) accounts.
    7. Portfolio investors withdrew a record of about Rs 1.66 lakh crore, roughly $18.9 billion, from Indian markets in 2025.
    8. Foreign direct investment is defined at a threshold of 10% or more of the post issue paid up equity capital of a listed company, the internationally standard cut off separating direct from portfolio investment.

    Back2Basics: India's Foreign Exchange Reserves

    1. What they are: Foreign exchange reserves are external assets held and controlled by the RBI that are readily available to finance a balance of payments gap and to intervene in the currency market.
    2. Four components: Reserves comprise foreign currency assets, gold, Special Drawing Rights held with the International Monetary Fund, and the Reserve Tranche Position with the Fund.
    3. Foreign currency assets: The largest component, held mainly in sovereign bonds, treasury bills and deposits with other central banks and the Bank for International Settlements, denominated chiefly in United States dollars, euros, pounds sterling and yen.
    4. Gold: Held partly domestically and partly in custody abroad, and revalued periodically, so movements in the gold price alone change the headline reserve number without any transaction.
    5. Special Drawing Rights: An international reserve asset created by the International Monetary Fund, allocated to members in proportion to their quota, whose value is set from a basket of five currencies comprising the United States dollar, euro, Chinese renminbi, Japanese yen and pound sterling.
    6. Reserve Tranche Position: The portion of a member's quota subscription paid in reserve assets, which the member may draw on from the Fund without conditions.
    7. Adequacy measures: Reserve adequacy is judged by the number of months of imports covered, by the ratio of reserves to short term external debt on residual maturity, and by the ratio of reserves to broad money.
    8. The forward book: The RBI's net forward position in the currency market is disclosed separately, because outstanding forward sales are a claim on future reserves that the headline number does not capture.
    9. Custody and disclosure: Reserve data are published weekly in the RBI's Weekly Statistical Supplement, with the currency composition disclosed with a lag in the half yearly report on foreign exchange reserves.

    Challenges in India's External Sector

    Source: Backgrounder, External Sector_ FDI,FPI, Weakening Rupee against Dollar.docx

    1. Protectionism and policy shocks abroad: Tariff escalation and trade fragmentation divert capital toward friend shoring hubs or back to home markets. e.g. tariffs rising to 50% on key Indian goods in August 2025 directly hit export oriented manufacturing in textiles and automobiles.
    2. Competing destinations with faster approvals: Rival economies offer quicker clearances and wider free trade agreement networks for near shoring investors. e.g. Vietnam, Indonesia and Mexico have absorbed a large share of the China plus one relocation that India was positioned to attract.
    3. Policy unpredictability: Frequent regulatory pivots undermine investor trust in the stability of the rules. e.g. retrospective taxation disputes and changes in e-commerce marketplace rules in 2025 sustained a perception of high regulatory risk.
    4. Cumbersome approvals: Land and environmental clearances remain a bottleneck for greenfield investment. e.g. roughly 200 FDI proposals faced delays as of August 2025 because of screening requirements, and legacy cases such as the abandoned $12 billion POSCO project continue to define the land risk narrative.
    5. Skill mismatch in frontier sectors: Only about 5% of India's workforce is formally skilled, with acute shortages in wafer fabrication and artificial intelligence roles. e.g. semiconductor and electric vehicle investors face a talent gap that constrains how much high value FDI India can absorb.
    6. Weak contract enforcement: Long drawn arbitration and a backlog in commercial courts raise the perceived exit risk for investors. e.g. multi year tax arbitration such as the Cairn Energy dispute is repeatedly cited as evidence of an unpredictable legal exit.
    7. Round tripping and financialisation: A large share of inflows originates in low tax jurisdictions and an increasing share is routed through Alternative Investment Funds rather than industrial equity. e.g. persistent concentration of inflows from Mauritius and Singapore points to tax arbitrage rather than fresh productive capital.
    8. Weak external demand: Cooling global orders discourage export oriented investment in labour intensive sectors. e.g. purchasing managers' index readings in April 2025 recorded a sharp cooling in Indian export orders.

    Way Forward

    1. Publish a sterilisation cost disclosure: Report the carrying cost of intervention alongside the reserve number, so that decisions to open or close swap windows can be evaluated against a visible fiscal and balance sheet cost.
    2. Pre announce redemption management for debt creating inflows: Publish the maturity profile of FCNR(B), ECB and OFCB obligations and the forward cover arranged against them, so that a redemption cliff is priced in advance rather than discovered.
    3. Attach conditions and horizons to guidance: State the data conditions under which a stated window date could change at the time the guidance is issued, so that a data driven adjustment is not read as a reversal.
    4. Rebalance toward equity inflows: Reduce the reliance on debt creating flows by removing sectoral entry frictions and completing single window clearances, so that the same balance of payments support carries no repayment obligation.
    5. Diversify export markets through concluded agreements: Operationalise the European Union and United Kingdom trade agreements at the level of standards, rules of origin and customs procedure, so that the current account improves rather than being financed by capital.
    6. Deepen the onshore rupee derivatives market: Widen participation in exchange traded currency futures and the non deliverable forward segment, so that hedging demand is met onshore and the RBI is not the residual bearer of currency risk.
    7. Reduce the oil exposure structurally: Expand strategic petroleum reserve capacity, ethanol blending and electric mobility so that a $90 a barrel oil price does not automatically translate into an external financing requirement.
    8. Strengthen banks before consolidating them: Prioritise governance, risk management culture and technology investment, as the Governor set out, over amalgamation, so that scale is built on institutional strength rather than on balance sheet addition.

    Matching Previous Year Question

    “[2018, GS3, 15 marks] How would the recent phenomena of protectionism and currency manipulations in world trade affect macroeconomic stability of India?”

  • Punjab’s decade-long journey towards a formal sacrilege law

    Why in the News

    Punjab brought a stringent sacrilege law into force in April 2026 by amending an existing State statute on the ceremonial custody of the Guru Granth Sahib, avoiding the Presidential assent that had defeated three earlier attempts. The route exposes a conflict between a State's determination to legislate on religious sentiment and the constitutional limits set by secularism, equality, proportionality and the division of legislative competence. A challenge to the Act is pending before the Punjab and Haryana High Court.

    What does Punjab's 2026 sacrilege law do?

    1. What it penalises: It punishes sacrilege committed against the Guru Granth Sahib, and covers no other religious scripture.
    2. The sentence it carries: Its most serious provisions carry a mandatory minimum sentence extending to life imprisonment, leaving no room for a judge to calibrate punishment to the facts of a case.
    3. The statute it amends: It amends a pre existing State law concerned specifically with the ceremonial custody of the Guru Granth Sahib, rather than the central penal code.
    4. How it was brought into force: Because the State argued the amendment falls within its own legislative competence, it claimed no Presidential assent was needed, and the Governor's signature brought it into force in April 2026.

    What is the current status of sacrilege law in India?

    1. The central provision: Insulting religion or religious beliefs with deliberate and malicious intent is an offence under Section 299 of the Bharatiya Nyaya Sanhita, 2023, the successor to Section 295A of the Indian Penal Code, 1860.
    2. The settled constitutional position: Section 295A was upheld in Ramji Lal Modi, and the Supreme Court has not revisited that ruling in almost sixty years.
    3. The intent requirement on paper: Conviction requires proof of deliberate and malicious intent, a threshold the court reads into the provision.
    4. Where the practical harm falls: Indian criminal procedure allows a First Information Report to be lodged and an accused arrested well before any court examines whether that intent was present, so the chilling effect operates at the point of complaint, not at the point of conviction.
    5. No standalone national sacrilege statute: There is no separate central law on sacrilege beyond the religious offence provisions of the Bharatiya Nyaya Sanhita, 2023, which is why Punjab has repeatedly attempted a State law.

    Constitutional Provisions Related to Sacrilege, Speech and Secularism

    1. Article 14: Guarantees equality before the law, and permits classification only where an intelligible differentia bears a rational nexus to the law's stated purpose.
    2. Article 19(1)(a): Guarantees freedom of speech and expression to all citizens.
    3. Article 19(2): Permits reasonable restrictions on that freedom in the interests of public order, decency or morality, among other grounds.
    4. Article 21: Guarantees life and personal liberty, which the Supreme Court has read as requiring a just, fair and reasonable procedure.
    5. Article 25: Guarantees freedom of conscience and the free profession, practice and propagation of religion, subject to public order, morality and health, and permits the State to legislate for social welfare and reform even where this cuts against religious custom.
    6. Entry 1, Concurrent List, Seventh Schedule: Places criminal law within the legislative competence of both Parliament and the State legislatures.
    7. Article 254: Provides that a State law repugnant to a central enactment on the same Concurrent List subject is void to that extent.
    8. Article 254(2): Saves such a State law only where it has been reserved for and has received the assent of the President.

    How did Punjab arrive at this law across a decade?

    1. 2016, the first attempt: The then Akali Dal and Bharatiya Janata Party government passed a bill imposing life imprisonment for sacrilege committed specifically against the Guru Granth Sahib. The Centre returned it, objecting that a law protecting only one religion's scripture could not sit easily with India's secular Constitution.
    2. 2018, the second attempt: The succeeding Congress government extended the same life sentence to the Guru Granth Sahib, the Bhagavad Gita, the Quran and the Bible, through a new Section 295AA of the penal code. That Bill was also returned without Presidential assent.
    3. July 2025, the third attempt: The Aam Aadmi Party government introduced the Punjab Prevention of Offences Against Holy Scripture(s) Bill, again covering all four texts, with sentences ranging from ten years to life. It was sent to a select committee and has since been effectively shelved.
    4. April 2026, the successful route: The State abandoned the amendment of the central penal code and instead amended an existing State statute on the ceremonial custody of the Guru Granth Sahib, bringing the law into force on the Governor's signature alone.
    5. The pattern the sequence shows: A State legislature has persistently tried, by one route or another, to entrench a sacrilege code of ever increasing severity, undeterred by repeated constitutional rebuffs.

    Why does a religion specific penal law run into the equality guarantee?

    1. The classification test it must pass: A provision drawing a line between one community's sacred text and every other's needs an intelligible differentia bearing a rational nexus to its stated purpose, the test the Supreme Court set out in State of West Bengal versus Anwar Ali Sarkar.
    2. Why the classification fails on its own terms: The Act's stated purpose is communal harmony, framed in terms of all communities, and singling out one faith's scripture does not serve a purpose framed in terms of all of them.
    3. The objection is not new: By protecting only the Guru Granth Sahib, the 2026 Act revives precisely the objection that sank the 2016 attempt.
    4. The pending litigation: In May 2026, the Anglican Church of India, through its Amritsar bishop, petitioned the Punjab and Haryana High Court arguing that the Act creates a religion specific penal regime violating equality before law, and sought both the quashing of the Act and a stay on its implementation.
    5. The standing wrinkle: The Bench reportedly questioned how a church whose own scripture the Act does not touch could claim to be aggrieved by it, a question that demonstrates the very defect alleged, since a law can discriminate in structure while leaving those it excludes without the conventional standing to challenge it. The petition remains pending.

    Why does the mandatory life sentence raise a proportionality problem?

    1. What the Act does: Its most serious provisions carry a mandatory minimum sentence extending to life imprisonment, removing all sentencing discretion from the trial judge.
    2. The controlling precedent: In Mithu versus State of Punjab, the Supreme Court struck down a different mandatory sentencing provision precisely because it stripped courts of discretion.
    3. The standard applied: Mithu applied the requirement of a just, fair and reasonable procedure that Maneka Gandhi versus Union of India had read into Article 21.
    4. The parallel is close: The earlier case also arose out of Punjab, which makes the comparison with the 2026 Act direct rather than analogical.
    5. Why proportionality matters here: Sacrilege covers conduct ranging from a deliberate desecration to an inadvertent act, and a single fixed maximum sentence prevents a court from distinguishing between them.

    Does the State have the legislative competence to enact this law?

    1. Where the subject sits: Criminal law sits on the Concurrent List, so both Parliament and the State legislature may legislate on it.
    2. The repugnancy rule: Article 254 makes a State law repugnant to a central enactment on the same subject void to that extent, and the Bharatiya Nyaya Sanhita, 2023 carries its own provisions on sacrilege and on outraging religious feeling.
    3. The only saving route: Article 254(2) saves such a State law only where it has received Presidential assent, which is the requirement that defeated the 2016 and 2018 Bills.
    4. How Punjab avoided it: The State amended a pre existing, ostensibly ceremonial statute rather than the Bharatiya Nyaya Sanhita directly, and argued that no assent was therefore needed.
    5. The challenge to that route: A petition before the Punjab and Haryana High Court argues that a life sentence is a matter of criminal law and cannot dodge central scrutiny merely by changing which statute book it sits in.

    Why does the free speech objection survive despite Ramji Lal Modi?

    1. The vagueness of the operative terms: Section 295A and its successor in the Bharatiya Nyaya Sanhita, 2023 rest on terms such as outrage, insult and religious feelings, policed after the fact by whichever officer receives the complaint.
    2. The precedent that should apply: In Shreya Singhal versus Union of India in 2015, the court struck down Section 66A of the Information Technology Act, 2000 in its entirety, holding that criminalising online messages using undefined terms such as offensive and menacing left the provision impermissibly vague, invited arbitrary enforcement and chilled protected speech in violation of Article 19(1)(a).
    3. The terms are no more precise: The words on which the religious offence provisions rest are as undefined as the words the court found fatal in Shreya Singhal.
    4. What the court has not done: It has never brought the Shreya Singhal reasoning to bear on Section 295A, whose constitutionality it settled in Ramji Lal Modi almost sixty years earlier and has not revisited since.
    5. The reason for the gap: The inconsistency reads as reluctance rather than principle, since it is easier to strike down a recent statute governing an unfamiliar medium than to unsettle an eighty year old precedent with a long and emotionally fraught history behind it.
    6. What the vagueness enables: A cartoon, a novel, a documentary or a stray remark on social media can all be made to fit the language of insult without any accompanying threat of actual disorder.

    Major debates surrounding sacrilege law

    1. Secularism as an unamendable limit: Secularism was declared part of the Constitution's unamendable basic structure in S.R. Bommai versus Union of India, precisely so that the State could neither favour a religion nor punish disrespect towards one, and a sacrilege law does the second.
    2. Religious freedom against religious reform: Article 25 protects the practice of religion and at the same time preserves the space for social reformers, sceptics and atheists to challenge religious practice, since the right is subject to public order, morality and health and the State may legislate for reform.
    3. Public order as a threshold or a label: One position requires an actual threat of disorder before speech may be punished, the other treats the giving of offence as itself a disturbance of public order.
    4. Ramji Lal Modi against Shreya Singhal: Two lines of authority now sit in tension, one upholding a vague religious offence provision and the other striking down a vague online speech provision on the same reasoning.
    5. Federal competence against local sentiment: A State legislature responding to local religious sentiment collides with a national criminal code and the Article 254 assent requirement designed to keep criminal law uniform.
    6. Deterrence against chilling effect: Severe sentences are defended as deterrence against desecration, and are opposed on the ground that the harm is inflicted at the stage of arrest, long before any court weighs intent.

    Challenges to enforcing a sacrilege law

    1. Undefined operative terms: Insult and outrage are not statutorily defined, so the same conduct produces prosecution in one district and none in another. e.g. Section 66A of the Information Technology Act, 2000 was struck down in Shreya Singhal in 2015 for exactly this defect.
    2. Arrest precedes adjudication of intent: A First Information Report can be registered and an accused arrested before any court tests the deliberate and malicious intent the offence requires. e.g. the 2026 Punjab Act's life sentence attaches to a charge that a magistrate never has to evaluate before custody begins.
    3. Selective protection invites litigation: Protecting one scripture and not others invites an equality challenge that can stall the law for years. e.g. the Anglican Church of India's May 2026 petition before the Punjab and Haryana High Court, still pending.
    4. No sentencing discretion: A mandatory minimum forces the same punishment on a deliberate desecration and an inadvertent act. e.g. Mithu versus State of Punjab struck down a mandatory sentencing provision for removing exactly this discretion.
    5. Repugnancy risk to the whole statute: A State criminal law that overlaps a central enactment is void to the extent of repugnancy unless it carries Presidential assent, so the entire Act can fall on a procedural ground. e.g. the 2016 and 2018 Punjab Bills were both returned without assent.
    6. Incentive for mob complaint: A severe penalty attached to a subjective standard makes the police complaint itself a weapon against critics, writers and artists. e.g. the returned 2018 Bill would have extended a life sentence to insult of four separate scriptures, multiplying the categories of complainant.
    7. Standing gap for excluded groups: A community whose scripture the law does not cover may be told it is not aggrieved, so the discrimination cannot be tested. e.g. the Punjab and Haryana High Court's question to the Amritsar bishop in the pending petition.

    Conclusion

    Punjab's 2026 Act carries three distinct constitutional infirmities at once: an equality defect under the Anwar Ali Sarkar test, a proportionality defect under Mithu, and a legislative competence defect under Article 254. Each of these is separate from the broader secularism objection that a State may neither favour a religion nor punish disrespect towards one. The petitions challenging the Act remain pending before the Punjab and Haryana High Court, and the next milestone is that court's decision on the quashing and stay applications.

    What is Secularism as a Constitutional Doctrine?

    1. About: Indian secularism requires the State to maintain equal distance from all religions, neither establishing nor favouring one, while retaining the power to regulate the secular aspects of religious practice.
    2. Rationale: It exists to secure equal citizenship in a society of multiple faiths, so that a citizen's legal standing does not vary with religious affiliation.
    3. Its constitutional status: It was declared part of the Constitution's unamendable basic structure in S.R. Bommai versus Union of India, and was written into the Preamble by the Forty second Amendment in 1976.
    4. Its distinguishing feature: Unlike a strict wall of separation, the Indian model allows positive State intervention in religion for social welfare and reform, which Article 25(2) expressly authorises.
    5. Where it is enforced: Articles 25 to 28 supply the operative provisions, and Article 15 and Article 16 bar religious discrimination by the State.

    Key Concerns Regarding Constitutional Secularism

    1. State regulation shading into State preference: The power to reform religious practice can be exercised unevenly across communities, converting regulation into favour.
    2. Religious offence provisions in a secular code: Criminal provisions protecting religious feelings require the State to adjudicate what counts as an insult to faith, a task secularism was meant to keep it out of.
    3. Uneven codification of personal law: Some communities' family law is codified and reviewable while others' is not, producing different legal protection for identically placed citizens.
    4. The essential religious practices test: Courts must decide what is essential to a religion before they may regulate it, drawing judges into theological determination.
    5. Local majoritarian legislation: State legislatures respond to locally dominant religious sentiment, so a nationally uniform standard fragments at the State level.
    6. Enforcement discretion at the police station: Where the offence turns on a subjective standard, the identity of the complainant rather than the conduct determines whether the law is invoked.

    Laws and Rules Governing Speech Restrictions in India

    Source: Backgrounder, Limits on Speech.docx

    1. Constitutional provision: Article 19(1)(a) guarantees free speech and Article 19(2) permits enumerated reasonable restrictions.
    2. Constitutional anchors for hate speech regulation: Article 14 on equality, Article 15 on non discrimination, Article 21 on dignity, Article 51A on the fundamental duty of harmony, and the Preambular value of fraternity.
    3. Bharatiya Nyaya Sanhita, 2023: Section 196 on promoting enmity between groups, Section 197 on imputations prejudicial to national integration, Section 299 on outraging religious feelings, and Section 356 on defamation.
    4. Section 152, effective from 1 July 2024, replaced Section 124A of the Indian Penal Code, 1860 and criminalises acts exciting secession, armed rebellion, subversive activities, separatist feelings or endangering sovereignty, unity and integrity, with punishment extending to life imprisonment.
    5. Representation of the People Act, 1951: Section 123(4) prohibits false statements about candidates during elections, and the Act carries the electoral speech restrictions.
    6. Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Govern online content, intermediary due diligence and takedown obligations.
    7. Cable Television Networks (Regulation) Act, 1995: Prohibits misleading and prohibited broadcast content under its Programme Code.
    8. Cinematograph Act, 1952: Governs film certification and censorship.
    9. Indecent Representation of Women (Prohibition) Act, 1986: Restricts indecent depiction of women in publications and advertisements.
    10. Kedar Nath Singh versus State of Bihar (1962): Sedition requires both a tendency to create disorder and incitement to violence, and vigorous criticism of government measures is protected.
    11. Shreya Singhal versus Union of India (2015): Distinguishes discussion, advocacy and incitement, protects discussion and advocacy even where unpopular, and holds that vague terms such as annoyance or inconvenience cannot be the basis for restricting speech.
    12. Amish Devgan versus Union of India (2020): Applies a three part contextual test of content, intent of the speaker and harm caused or likely to be caused, with public figures held to a higher standard.
    13. Ashwini Kumar Upadhyay versus Union of India (29 April 2026): The Supreme Court dismissed a batch of petitions seeking new hate speech laws, holding that creating criminal offences belongs exclusively to the legislature and that the existing framework is adequate, the real problem being an enforcement deficit.

    Back2Basics: S.R. Bommai versus Union of India

    1. What it is: A Supreme Court ruling of 1994 delivered by a nine judge bench, arising out of the dismissal of State governments and the imposition of President's Rule under Article 356.
    2. Its holding on federalism: It made the exercise of Article 356 justiciable, requiring the proclamation to rest on relevant material and permitting courts to restore a dismissed government.
    3. Its holding on secularism: It declared secularism a part of the Constitution's basic structure, and therefore beyond the amending power under Article 368.
    4. The consequence for State action: A State government acting against secularism can itself be a ground for action under Article 356.
    5. Why it governs this item: It is the authority for the proposition that the State may neither favour a religion nor punish disrespect towards one, which is the core objection to a scripture specific penal law.
    6. Its broader effect: It sharply reduced the routine use of President's Rule, which had been invoked over a hundred times before the ruling.

    Way Forward

    1. Legislate through the correct route: A State that wishes to create a criminal offence on a Concurrent List subject should reserve the Bill for Presidential assent under Article 254(2) rather than route it through a ceremonial statute.
    2. Protect all scriptures equally or none: A provision framed around communal harmony must apply uniformly across faiths to satisfy the intelligible differentia and rational nexus test.
    3. Restore sentencing discretion: Replacing the mandatory minimum with a graded range lets courts distinguish deliberate desecration from an inadvertent act, meeting the Mithu standard.
    4. Define the operative terms: Statutory definitions of insult and religious feelings, and an express requirement of proximate incitement, would reduce the vagueness Shreya Singhal identified as fatal.
    5. Insert a pre registration safeguard: Requiring a preliminary inquiry or prior sanction before a First Information Report is registered addresses the chilling effect that operates at the point of complaint.
    6. Refer Ramji Lal Modi for reconsideration: A larger bench revisiting the 1957 ruling in the light of Shreya Singhal would settle the doctrinal inconsistency that now runs through religious offence law.

    Matching Previous Year Question

    “[2025, GS2, 15 marks] Examine the evolving pattern of Centre-State financial relations in the context of planned development in India. How far have the recent reforms impacted the fiscal federalism in India?”

  • After Naxalism, a development corridor

    Why in the News

    The Centre declared the country free from Naxalism on 31 March 2026, closing a security campaign that ran for decades across the forests of Chhattisgarh, Jharkhand and the rest of the former Red Corridor. The tension this exposes is that the military defeat of an insurgency does not by itself produce the economic activity that must occupy the space the guns have vacated.

    What is Left Wing Extremism and what was the Red Corridor?

    1. The movement: Left Wing Extremism (LWE), commonly called Naxalism, is an armed insurgency pursuing the capture of state power through protracted rural armed struggle, drawing on Maoist doctrine.
    2. The territory: The Red Corridor was the contiguous belt of forested and mineral-rich districts across central and eastern India where Maoist cadres exercised effective control and the state's writ was contested.
    3. What that control looked like: For decades the region was associated with ambushes, armed cadres and Maoist control rather than with routine administration.
    4. The declared end point: The Centre declared the country free from Naxalism on 31 March 2026, which is treated as a turning point rather than as the end of the task.

    What are CoBRA units?

    1. What they are: Commando Battalion for Resolute Action (CoBRA) is the specialised jungle warfare and guerrilla warfare force raised within the Central Reserve Police Force for anti-Naxal operations.
    2. Their role here: CoBRA units, deployed alongside state police forces, carried out the operations that dismantled strongholds which had remained difficult to penetrate for years.

    What was the strategy that dismantled the insurgency?

    1. Intelligence-led operations: Operations were driven by actionable intelligence on cadre location and movement rather than by area domination alone.
    2. Centre and state coordination: Greater coordination between central and state forces removed the seams across state borders that cadres had used to evade pursuit.
    3. Disruption of Maoist financing: Agencies targeted the financial networks that sustained the insurgency, cutting the flow that paid, armed and supplied cadres.
    4. Rehabilitation: A surrender policy sought to bring former cadres back into civilian life through financial assistance, training and support for reintegration.
    5. Sustained expansion of the security grid: The security presence was expanded continuously rather than surged and withdrawn, so that recovered territory was held.
    6. Political direction from the top: Repeated engagement by the Union Home Minister, including visits to Bastar and security review meetings on the ground, kept the Centre involved in an operational challenge requiring coordination between Delhi, state governments and personnel deployed deep inside difficult terrain.

    Which operations broke the strongholds?

    1. Black Forest: One of the named operations conducted by CoBRA units alongside state police forces.
    2. Octopus: A second named operation in the same series.
    3. Double Bull: A third named operation in the same series.
    4. Chakrabandha: A fourth named operation in the same series.
    5. The common outcome: Together these operations helped dismantle strongholds that had remained difficult to penetrate for years, which is what allowed a more permanent state presence to be established.

    What has the development push delivered since 2014?

    1. Security infrastructure: 408 new security camps and 597 fortified police stations have been established in LWE-affected areas since 2014.
    2. Road connectivity: More than 12,000 km of roads have been constructed in the affected regions.
    3. Formal finance: 1,804 bank branches and 1,321 ATMs have been added.
    4. Postal reach: 6,025 post offices have been added.
    5. Telecommunications: Mobile connectivity has expanded across most villages in the affected regions.
    6. Education and skills: Eklavya Model Residential Schools, Industrial Training Institutes and skill development centres have been established alongside the physical infrastructure.

    Why does a road, a bank branch or a tower change more than the statistic suggests?

    1. Roads change access, not distance: A road changes access to a market and to a hospital, converting a physical distance into a usable one.
    2. Bank branches change the terms of credit: A bank branch connects households to formal finance and displaces the informal lender who set the terms in its absence.
    3. Towers change the relationship to the state: A telecom tower brings a remote village closer to the rest of the country, which affects everything from grievance redress to remittances.
    4. Schools change the option set: A school or a skill centre expands the choices available to young people, which is the mechanism by which recruitment into an insurgency loses its appeal.
    5. The sequencing that made it possible: These interventions became feasible only once security forces could establish a more permanent presence in areas where the state had previously struggled to maintain one.

    Why is the end of armed conflict the easier half of the task?

    1. The achievement is a milestone, not an outcome: The guns going silent is an important milestone, and the harder task is ensuring that the space they leave behind is filled with roads, schools, businesses, livelihoods and functioning institutions.
    2. The nature of the state's presence must change: The objective now is a state presence defined by institutions and opportunity rather than by the security challenge that once dominated the landscape.
    3. Infrastructure is an input, not a result: Roads, branches and towers must begin to generate sustained economic activity, better education and greater integration with the rest of India, which is not automatic.
    4. The next phase is less visible: The coming phase will be less dramatic than the operations that made the headlines, and could be more important in determining the legacy of the campaign.
    5. Reversibility is the risk: Rehabilitation must hold, since the surrender policy's purpose is to prevent former cadres from returning to the movement and to prevent the movement from replenishing its ranks.
    6. The test stated: The former Red Corridor becomes a development corridor only when the infrastructure now reaching these regions begins to generate sustained economic activity, which is where the larger test begins.

    Conclusion

    The military campaign against Left Wing Extremism succeeded through intelligence-led operations, central and state coordination, disruption of financing, rehabilitation and a sustained security grid, and the Centre declared the country free from Naxalism on 31 March 2026. The infrastructure that followed, 408 camps, 597 fortified police stations, over 12,000 km of roads, 1,804 bank branches, 1,321 ATMs and 6,025 post offices, has changed the physical reach of the state. What remains unresolved is whether that reach converts into sustained economic activity and institutions, since the durability of the achievement will be judged on that conversion and not on the operations.

    Left Wing Extremism in India

    1. What it is: Left Wing Extremism is an armed movement seeking to overthrow the state through protracted people's war, organised around rural base areas, guerrilla zones and armed squads.
    2. Origin: The movement takes its popular name from the 1967 peasant uprising at Naxalbari in West Bengal.
    3. Present organisation: The Communist Party of India (Maoist) was formed in 2004 through the merger of the People's War Group and the Maoist Communist Centre of India, and is proscribed as a terrorist organisation.
    4. Geographic concentration: Activity was concentrated in a forested, mineral-rich and tribal-majority belt spanning Chhattisgarh, Jharkhand, Odisha, Bihar, Maharashtra, Andhra Pradesh, Telangana, Madhya Pradesh and West Bengal.
    5. Structural drivers: The movement drew on land alienation, displacement by mining and infrastructure projects, denial of forest rights, absence of administration and the weakness of local grievance redress in Fifth Schedule areas.
    6. The doctrinal frame: The Union government's approach has been organised around the SAMADHAN doctrine, which sets out the components of the counter-insurgency response.
    7. Institutional lead: The Ministry of Home Affairs coordinates the response through the Left Wing Extremism Division, with the Central Reserve Police Force as the principal central force deployed.

    Laws Governing the Response to Left Wing Extremism

    1. Unlawful Activities (Prevention) Act, 1967: The principal central law used to proscribe the Communist Party of India (Maoist) and its front organisations and to prosecute membership and support.
    2. The 2019 amendment allows the designation of individuals, not only organisations, as terrorists.
    3. Prevention of Money Laundering Act, 2002: The instrument used to trace and attach the financial networks that sustained the insurgency.
    4. Chhattisgarh Special Public Security Act, 2005: A state law empowering the declaration of organisations as unlawful and criminalising membership and assistance in the most affected state.
    5. Andhra Pradesh Public Security Act, 1992: The corresponding state instrument in the southern part of the former corridor.
    6. Arms Act, 1959 and Explosive Substances Act, 1908: Govern possession and use of weapons and explosives, which are the principal charges alongside the terrorism statutes.
    7. Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA): Extends panchayat provisions to Fifth Schedule areas and vests the Gram Sabha with powers over land, minor minerals and local plans, addressing a grievance the insurgency mobilised.
    8. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: Recognises individual and community forest rights, addressing the land and forest alienation that underpinned recruitment.
    9. Fifth Schedule to the Constitution: Governs the administration of Scheduled Areas through the Governor and the Tribes Advisory Council, and is the constitutional frame within which most affected districts sit.

    Government Initiatives for Left Wing Extremism Affected Areas

    1. National Policy and Action Plan, 2015: The overarching framework combining security measures, development interventions, rights and entitlements of local communities, and public perception management.
    2. Security Related Expenditure (SRE) Scheme: Reimburses state governments for security-related expenditure including training, operational costs, ex gratia payments and the surrender and rehabilitation of former cadres.
    3. Special Central Assistance (SCA) for the most affected districts: Funds public infrastructure and services in the districts of highest concern, filling critical gaps identified by district administrations.
    4. Special Infrastructure Scheme (SIS): Strengthens state police infrastructure, including special forces and fortified police stations, in affected states.
    5. Road Connectivity Project for LWE Affected Areas (RCPLWEA): Successor to the Road Requirement Plan, it constructs and upgrades roads and bridges to open isolated blocks to administration and markets.
    6. LWE Mobile Tower Project: Installs mobile towers in affected districts to extend telecommunications where commercial operators would not otherwise invest.
    7. Eklavya Model Residential Schools: Provide residential schooling for tribal children in blocks with high Scheduled Tribe population, extending secondary education in the affected belt.
    8. Aspirational Districts Programme: Targets the least developed districts, a large share of which fall in the former corridor, on health, nutrition, education, agriculture, financial inclusion and infrastructure indicators.
    9. Civic Action Programme: Funds central armed police forces to conduct welfare activities that build confidence between security forces and local communities.

    Back2Basics: The SAMADHAN Doctrine

    1. What it is: SAMADHAN is the Union government's stated doctrine for countering Left Wing Extremism, articulated as an eight-point formulation.
    2. S, Smart leadership: Leadership capable of directing an operation that spans police, intelligence and administration.
    3. A, Aggressive strategy: A posture of sustained offensive operations rather than defensive holding.
    4. M, Motivation and training: Continuous training and morale management for deployed forces.
    5. A, Actionable intelligence: Intelligence specific enough to act on, which is the input the campaign was built around.
    6. D, Dashboard-based key result areas and key performance indicators: Measured performance targets for units and districts.
    7. H, Harnessing technology: Use of surveillance, communications and data tools in operations.
    8. A, Action plan for each theatre: A theatre-specific plan rather than a uniform national approach.
    9. N, No access to financing: Cutting the financial networks that sustain cadres, weapons and logistics.

    Key Facts about the Left Wing Extremism Campaign

    1. The declaration: The Centre declared the country free from Naxalism on 31 March 2026.
    2. Central Reserve Police Force: The largest central armed police force, it marked its Raising Day on 27 July and has been the principal force deployed in the campaign.
    3. CoBRA: The Commando Battalion for Resolute Action is the Central Reserve Police Force's specialised jungle and guerrilla warfare unit for anti-Naxal operations.
    4. Named operations: Black Forest, Octopus, Double Bull and Chakrabandha are the operations named as having dismantled entrenched strongholds.
    5. Bastar: The Bastar division of Chhattisgarh was the operational centre of the campaign and the site of repeated ministerial review visits.
    6. Infrastructure since 2014: 408 new security camps, 597 fortified police stations, over 12,000 km of roads, 1,804 bank branches, 1,321 ATMs and 6,025 post offices in affected areas.
    7. The origin marker: The movement is named after Naxalbari in West Bengal, the site of the 1967 uprising.

    Challenges in Consolidating the Post-Insurgency Transition

    1. Infrastructure without economic activity: Physical assets do not automatically generate livelihoods, e.g. more than 12,000 km of roads open access to markets only where there is production to move.
    2. Reversibility of surrender: Rehabilitation fails where former cadres find no economic footing, e.g. surrendered cadres receiving one-time financial assistance without sustained employment remain vulnerable to re-recruitment.
    3. Unsettled land and forest rights: The grievance that fed recruitment persists where titles remain unrecognised, e.g. pending individual and community claims under the Forest Rights Act, 2006 in Fifth Schedule districts.
    4. Displacement from mining and industry: Development in a mineral-rich belt can reproduce the alienation the insurgency mobilised, e.g. resettlement disputes around iron ore and coal projects in Bastar and Jharkhand.
    5. Thin administrative capacity: Newly opened blocks lack the staffing to run the institutions now built, e.g. teacher and health worker vacancies in interior blocks leave schools and health centres nominally functional.
    6. Security-first institutional habits: Areas administered through a security grid do not convert automatically to civil administration, e.g. 408 security camps and 597 fortified police stations remain the most visible state presence in many blocks.
    7. Justice system backlog: Cases registered during the campaign remain unresolved and undercut confidence, e.g. long undertrial detention of tribal accused under the Unlawful Activities (Prevention) Act, 1967.
    8. Residual and displaced cadres: Movement remnants may relocate rather than dissolve, e.g. cadre movement across inter-state boundaries has historically shifted the problem rather than ended it.
    9. Fragile fiscal continuity: Development spending contingent on the insurgency's salience declines once the emergency is declared over, e.g. schemes framed as LWE-specific lose their justification the moment the region is declared free.

    Way Forward

    1. Shift funding from security-tagged to development-tagged windows: Convert LWE-specific central assistance into sustained district development funding, so financing does not lapse with the security declaration.
    2. Complete forest rights recognition: Clear the backlog of individual and community forest rights claims in the former corridor, which addresses the grievance the movement recruited on.
    3. Staff the institutions already built: Fill teacher, health worker and revenue staff vacancies in the newly connected blocks, since a building without staff does not constitute a functioning institution.
    4. Link infrastructure to production: Tie the road, banking and connectivity network to minor forest produce value chains, agro-processing and local enterprise credit, so that access converts into income.
    5. Make rehabilitation employment-linked: Extend the surrender policy beyond financial assistance into guaranteed placement in skill centres, Industrial Training Institutes and public works, so reintegration is durable.
    6. Strengthen PESA implementation: Operationalise Gram Sabha powers over land, minor minerals and local plans under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, so local consent governs the next phase of development.
    7. Fast-track pending cases: Establish dedicated courts to clear the backlog of insurgency-era cases, since prolonged undertrial detention undermines the legitimacy the campaign gained.

    Matching Previous Year Question

    “[2025, GS3, 10 marks] The Government of India recently stated that Left Wing Extremism (LWE) will be eliminated by 2026. What do you understand by LWE and how are the people affected by it? What measures have been taken by the government to eliminate LWE?”