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  • Air Pollution

    SC allows CAQM to take ‘proactive’ measures to curb Delhi air pollution

    Prelims Only | | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Why In The News?

    The Supreme Court allowed CAQM full freedom to take proactive anti-pollution measures in Delhi-NCR, including applying GRAP-IV options like work-from-home and 50% office attendance during the ongoing GRAP-III stage.

    About the Judgement:

    • Supreme Court’s Direction: SC empowered CAQM to take proactive pollution-control measures in Delhi-NCR.
    • Bench Observation: CJI Gavai urged stakeholder consultation.
    • Key Proposals: Early use of GRAP-IV measures, vehicle exemptions, staggered timings, and congestion control.
    • Additional Proposals: CAQM proposed advancing GRAP measures, enforcing congestion control, notifying vehicle aggregator policies, reviewing school sports during pollution months, and adopting long-term steps like EV policy review and higher charges on luxury diesel SUVs

    2) What is CAQM (Commission for Air Quality Management)?

    • About: A statutory body managing air quality in Delhi-NCR and adjoining areas, created under the CAQM Act, 2021, replacing the earlier EPCA (1998) and initially introduced via a 2020 ordinance.
    • Structure: Chairperson is a senior government official (Secretary/Chief Secretary); includes 5 ex-officio members from Delhi, Punjab, Haryana, Rajasthan, Uttar Pradesh; 3 full-time technical members; 3 NGO members; supported technically by CPCB, ISRO, and NITI Aayog.
    • Functions: Responsible for monitoring, coordinating, and implementing air quality policies, researching pollution sources, proposing mitigation strategies, and raising public awareness.
    • Powers: Holds jurisdiction over Delhi, Punjab, Haryana, Uttar Pradesh, Rajasthan; can issue binding directions, restrict polluting activities, enforce environmental rules, act against non-compliance, and initiate complaints under the CAQM Act, 2021.

    3) What is GRAP (Graded Response Action Plan)?

    • About: A pre-emptive and emergency framework to control Delhi-NCR air pollution; created under Supreme Court directions in C. Mehta vs Union of India (2016); notified in 2017 and implemented by CAQM, MoEFCC, and State authorities; operates through four graded stages linked to AQI levels.
    • Stages of GRAP:
      Stage I – Poor (AQI 201–300): Road dust control and enforcement of PUC norms.
      Stage II – Very Poor (AQI 301–400): Limits on diesel generators and actions in pollution hotspots.
      Stage III – Severe (AQI 401–450): Vehicle restrictions, construction curbs, and remote schooling
      Stage IV – Severe+ (AQI > 450): Ban on heavy vehicles, school closures, and shutdown of non-essential industries.
    • Purpose: To ensure a graded, coordinated, time-bound response that prevents air quality from escalating to hazardous levels.

    4)Air Quality Monitoring Measures:

    1) AQI (Air Quality Index)

    • Launched in 2014 with the concept “One Number – One Color – One Description” for easy public understanding.
    • Developed by the Central Pollution Control Board (CPCB).
    • Based on 8 pollutants: PM10, PM2.5, NO2, SO2, CO, O3, NH3, Pb.
    • Contains six air quality categories ranging from Good to Severe.

    2) SAFAR (System of Air Quality and Weather Forecasting and Research)

    • Provides location-specific, real-time air quality information for major Indian metropolitan cities.
    • Introduced by the Ministry of Earth Sciences, developed by IITM Pune.
    • Measures pollutants: PM2.5, PM10, O3, CO, NOx, SO2, Benzene, Toluene, Xylene, Mercury.
    • Uses Continuous Ambient Air Quality Monitoring Systems (CAAQMS); an example includes the one commissioned by the Indian Army in Kolkata.

    3) NAAQS (National Ambient Air Quality Standards)

    • Set by CPCB in 2009 under the Air (Prevention & Control of Pollution) Act, 1981.
    • Covers 12 pollutants, including SO2, NO2, PM10, PM2.5, O3, Pb, CO, NH3, Benzene, Benzopyrene, As, Ni.
    • Specifies annual and 24-hour standards for industrial, residential, rural, and ecologically sensitive areas.

    4) NAMP (National Air Quality Monitoring Programme)

    • Executed by CPCB to monitor ambient air quality across India.
    • Network includes 800+ stations in 344 cities/towns, covering 28 states and 6 UTs.
    • Objectives: track air quality trends, assess compliance with NAAQS, identify non-attainment cities.
    • Monitors SO2, NO2, PM10, and PM2.5 along with meteorological factors like wind speed, humidity, and temperature.

    5) WHO Ambient Air Quality Database

    • A global database compiling annual mean concentrations of PM2.5, PM10, and NO2.
    • First released in 2011; updated periodically—2023 is the sixth update.
    • Linked to WHO’s 2021 Global Air Quality Guidelines (AQGs), which tightened acceptable pollution limits.
    [UPSC 2022] In the context of WHO Air Quality Guidelines, consider the following statements:

    1. The 24-hour mean of PM 2.5 should not exceed 15 μg/m³ and annual mean of PM 2.5 should not exceed 5 μg/m³.

    2. In a year, the highest levels of ozone pollution occur during the periods of inclement weather.

    3. PM 10 can penetrate the lung barrier and enter the bloodstream.

    4. Excessive ozone in the air can trigger asthma.

    Which of the statements given above are correct?

    Options: (a) 1, 3 and 4 (b) 1 and 4 only* (c) 2, 3 and 4 (d) 1 and 2 only

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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    [20th November 2025] The Hindu OpED: Hidden cost of polluted groundwater

    op-ed snap | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    PYQ Relevance

    [UPSC 2024] The world is facing an acute shortage of clean and safe freshwater. What are the alternative technologies which can solve this crisis? Briefly discuss any three such technologies citing their key merits and demerits.

    Linkage: This PYQ is important for UPSC as freshwater scarcity and contamination are core GS-III themes. The article links directly by highlighting toxic groundwater, failing treatment systems, and the urgent need for affordable purification technologies.

    Mentor’s Comment

    Groundwater contamination in India is no longer a silent environmental issue, it has become an economic, social, and public-health emergency. This topic is highly relevant PYQ for UPSC, as water scarcity and groundwater contamination are recurring GS-III themes. The article directly aligns by showing how polluted aquifers and weak treatment systems make alternative purification technologies essential for India’s water security.

    Introduction

    Groundwater, the backbone of India’s drinking water and irrigation systems, is now increasingly polluted with heavy metals, industrial residues, and excess fertilizers. Reports from multiple states reveal a rise in fluoride, arsenic, uranium, and nitrate contamination, creating a public-health disaster and long-term economic losses. The issue has moved from isolated pockets to a nationwide development challenge demanding regulatory urgency, technological solutions, and sustainable water governance.

    Why in the News

    Recent rounds of India’s Groundwater Quality Report (2022) and field evidence from Punjab, Gujarat, Telangana, and Haryana indicate a sharp rise in toxic contamination, including fluoride-linked deformities, arsenic poisoning, and uranium beyond safe limits. The scale is unprecedented: nearly 600 million Indians rely on groundwater, and contamination is now accelerating due to over-extraction, fertilizer misuse, and industrial discharge. The crisis is no longer environmental, it is weakening agricultural incomes, burdening households with high medical costs, and threatening India’s export competitiveness.

    What Is Causing Groundwater to Become Toxic?

    1. Heavy Reliance on Groundwater
      • Over-extraction: Agriculture absorbs over 60% of India’s groundwater, exceeding sustainable limits in several districts.
      • Irrigation intensity: Canal systems have stagnated, forcing farmers to depend on tube wells.
      • Result: Declining water tables concentrate pollutants and accelerate toxicity.
    2. Chemical Contamination from Agriculture
      • Excess fertilizer and pesticide use: Leads to nitrate accumulation and leaching into aquifers.
      • Heavy metals: Arsenic, fluoride, uranium exceed permissible limits in many districts.
      • Impact: Childhood skeletal deformities, fluorosis, long-term organ damage.
    3. Industrial and Sewage Discharge
      • Untreated effluents: Lack of sewage treatment expands contamination beyond village boundaries.
      • Industrial residues: Agro-processing and manufacturing hubs increase heavy metal presence.
      • Outcome: Polluted aquifers affecting both rural and peri-urban areas.

    How Groundwater Pollution Impacts Health and Society

    1. Rising Health Burden
      • Skeletal deformities, fluorosis, kidney damage: Result of toxic metals in drinking water.
      • Children disproportionately affected: Early-life exposure lowers future productivity.
    2. Debt and Medical Expenditure
      • High out-of-pocket expense: Families spend heavily on hospital visits and bottled water.
      • Wealthier households cope better: Poorer families cannot afford alternative water sources.
    3. Intergenerational Impacts
      • Impaired cognitive development: Arsenic and fluoride exposure affects education outcomes.
      • Lower economic mobility: Chronic illness depresses earning capacity.

    How Groundwater Pollution Hurts Agriculture and the Economy

    1. Loss of Farm Productivity
      • Poor water quality reduces crop yields: Long-term exposure to contaminated irrigation water.
      • Heavy metals affect soil health: Reducing crop diversity and nutritional value.
    2. Threat to India’s Export Market
      • Buyers demand stringent quality checks: Contamination threatens rice, spices, fruits, vegetables.
      • The $50-60 billion agri-export sector risks losses due to toxicity and traceability issues.
    3. Vicious Cycle of Over-Extraction
      • Declining tables led to more drilling which leads to more contaminants: Increases farmer indebtedness.
      • High fertilizer use worsens soil chemistry: Further reduces sustainability.

    Why Policy Failure Allowed This Crisis to Escalate

    1. Weak Enforcement of Pollution Norms
      1. Inadequate regulation of industrial discharge: Leads to untreated sewage entering aquifers.
      2. Poor monitoring: Rural areas lack regular water quality surveillance.
    2. Lack of Decentralised Treatment Systems
      1. Dependence on centralized schemes: Community-level solutions not prioritized.
      2. Delayed response: Slow implementation of purification units.
    3. Limited Agricultural Diversification
      1. Punjab’s water-intensive cropping pattern: Maintains heavy groundwater stress.
      2. Minimal shift to millets/pulses despite policy incentives.

    Way Forward

    1. Nationwide Real-Time Groundwater Monitoring
      • Open access digital platform: Communities should know what they are drinking/using to irrigate.
      • Data-driven planning: Better targeting of polluted zones.
    2. Strengthen Industrial and Sewage Regulations
      • Strict enforcement of effluent norms: Prevent industrial leakages.
      • Expand sewage treatment infrastructure: Particularly in peri-urban zones.
    3. Agricultural Policy Reform
      • Shift away from water-intensive crops: Encourage pulses, maize, oilseeds.
      • Promote micro-irrigation: Reduce water table stress.
    4. Localised Water Purification
      • Community-level treatment plants: Immediate relief in severely contaminated areas.
      • Affordable household filtration for poor families.
    5. Long-Term Water Security Planning
      • Integrating health, agriculture, and environment: Holistic approach to water governance.
      • Prevent groundwater from becoming India’s next major economic crisis.

    Conclusion

    Groundwater contamination has transformed into a multidimensional crisis affecting public health, agriculture, exports, and intergenerational equity. Without strict regulation, real-time monitoring, and agricultural diversification, the economic and health losses will escalate. India must act decisively before the groundwater crisis becomes irreversible.

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  • Terrorism and Challenges Related To It

    The threat of digital tradecraft in terrorism

    Explained | Security Issues | Mains Paper 3: External State & Non-State Actors: Challenges To Internal Security.

    Introduction

    The blast near Delhi’s Red Fort on November 10, killing 15 and injuring over 30, exposed the operational use of encrypted digital platforms, dead-drop communication, and modular terror cells. The investigation demonstrates a transition from traditional networks to digitally shielded ecosystems, reducing visibility for intelligence agencies and constraining surveillance outcomes.

    The new face of terror: What has the investigation revealed?

    1. Encrypted Communication: Enables concealed coordination, protects identity layers, and reduces interception by routing messages through shielded platforms.
    2. Digital Dead-Drops: Facilitates asynchronous message exchange without direct contact, ensuring operational secrecy and reducing surveillance exposure.
    3. Compartmentalised Cells: Strengthens deniability by separating roles across modules led by three individuals linked to medical and academic institutions.
    4. Behavioural Masking: Utilises familiar vehicles and repetitive low-risk movement patterns to support covert reconnaissance without triggering alerts.
    5. Enhanced IED Architecture: Ensures higher lethality through layered mechanisms and precise triggering processes.

    Distinctive Features of This Incident

    1. Multi-Layer Encryption: Reduces actionable intelligence, constrains lawful interception, and delays early detection of operational chatter.
    2. Surveillance-Resistant Tools: Utilises VPNs, spoofed identifiers, and encrypted messaging apps, enabling secure command dissemination.
    3. Hybrid Planning: Integrates digital coordination with physical site visits, ensuring real-time situational assessment without exposing handlers.
    4. Decentralised Decision Structures: Prevents traceability by shifting from hierarchical control to remote guidance via anonymised digital nodes.

    Why are modern counterterrorism frameworks struggling?

    Constraints on Counterterrorism Architecture

    1. Limited Penetration of Encrypted Platforms: Restricts information extraction, narrows visibility over operational trails, and weakens evidence chains.
    2. Diminished HUMINT Opportunities: Reduces physical touchpoints and complicates informant-based intelligence generation.
    3. Fragmented Global Cooperation: Slows data sharing when platforms are hosted outside domestic jurisdiction, weakening investigation pace.
    4. Technological Mismatch: Creates capability gaps as terror networks adopt advanced masking, encryption, and anonymisation faster than security upgrades.

    Operational Impact of Digital Tradecraft

    1. End-to-end encryption (E2EE) Platforms: Shields logistics, finances, and movement plans, enabling uninterrupted operational execution.
    2. Remote Radicalisation and Supervision: Facilitates cross-border ideological influence and guidance without physical linkages.
    3. Metadata Evasion: Minimises digital footprints by exploiting layered encryption and controlled online presence.
    4. Coordination Efficiency: Enhances planning speed and reduces command exposure by relying on decentralised digital frameworks.

    Required Strategic Adaptations

    1. Digital Forensics Expansion: Strengthens cryptographic analysis, behavioural modelling, and dark-web investigation capacity.
    2. Lawful Interception Reform: Establishes judicially supervised mechanisms enabling secure access to encrypted communication when mandated.
    3. Inter-Agency Data Fusion: Integrates intelligence, cyber cells, and police units on unified platforms to improve threat detection and response.
    4. Cyber Infrastructure Modernisation: Enhances surveillance technologies, metadata analytics, and predictive systems to match digital threat evolution.
    5. International Data Cooperation: Accelerates cross-border evidence sharing and improves alignment with global counterterrorism frameworks.

    Conclusion

    The Red Fort blast demonstrates a shift toward encrypted, decentralised, and digitally concealed terror ecosystems. The emerging landscape requires specialised digital forensics, integrated intelligence systems, and balanced legal frameworks to strengthen operational readiness. Counterterrorism capacities must evolve to address threats emerging from opaque digital environments rather than visible physical terrains alone.

    PYQ Relevance

    [UPSC 2016] Use of Internet and social media by non-state actors for subversive activities is a major concern. How have these been misused in the recent past? Suggest effective guidelines to curb the above threat.

    Linkage: The misuse of Internet and social media by non-state actors remains a recurring internal security theme. The encrypted digital activity with respect to the recent The recent Red Fort blast make the issue current and significant. The topic continues to appear because communication networks are now central to modern security threats.

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  • Internal Security Architecture Shortcomings – Key Forces, NIA, IB, CCTNS, etc.

    More than two decades later, there is light at the end of the Red Corridor

    Explained | Security Issues | Mains Paper 3: External State & Non-State Actors: Challenges To Internal Security.

    INTRODUCTION

    Left-Wing Extremism (LWE) has historically affected large tribal hinterlands across central India. Recent field reports indicate a visible decline in Maoist hold, accompanied by expanding state presence, renewed market activity, and local confidence in security forces. The transformation represents a significant shift from earlier decades marked by fear, isolation, and violence.

    Why in the news?

    A major setback to Maoists occurred recently when top Andhra-Odisha border commander Madvi Hidma was killed in a security operation, followed by the elimination of seven more Maoists, including an explosives expert. These back-to-back encounters highlight the rapid weakening of LWE networks across the Red Corridor.

    Why is the region witnessing a visible shift in confidence?

    1. Reduced Fear: The article notes that locals now openly interact with security forces, signalling erosion of Maoist coercion.
    2. Increased Presence: Security deployment strengthened continuous area domination, reducing the probability of Maoist reprisals.
    3. Civilian Mobility: Market activity in evening hours increased, contrasting earlier periods when movement after dusk was restricted due to threats.
    4. Symbolic Change: Locals offering security personnel chai and sitting freely with them indicates behavioural trust, not forced compliance.

    What structural changes weakened Maoist dominance?

    1. Road Connectivity: New roads and bridges reduced forest isolation, weakening Maoist geographical advantage and enabling faster troop mobility.
    2. Communication Facilities: Mobile networks expanded surveillance, reduced Maoist anonymity, and enabled quicker civilian distress calls.
    3. Administrative Outreach: Frequent visits by district officials ensured service delivery and reduced ideological appeal.
    4. Disruption of Recruitment: Youth engagement in local markets, transport, and small businesses reduced Maoist manpower pipelines.

    How did security operations evolve on the ground?

    1. Stronghold Penetration: Forces entered areas earlier considered “liberated zones”, indicating territorial rollback.
    2. Integrated Command: Inter-state coordination between Chhattisgarh, Maharashtra, Telangana improved operational continuity.
    3. Sanitisation Efforts: Regular area domination patrols lowered the possibility of ambushes.
    4. Intelligence Support: Human intelligence from locals increased due to declining fear, enabling targeted strikes.

    What has changed in the population’s everyday life?

    1. Economic Activity: Markets extending late into evening reflect safety and disposable income circulation.
    2. Transport Revival: Locals travelling without escorts marks reduced threat perception.
    3. Women’s Movement: Increased participation by women in markets shows greater autonomy and reduced intimidation.
    4. Community Interaction: Openness to engage with forces signals normalisation of state-citizen interaction.

    Why has the Maoist strategy weakened?

    1. Loss of Terrain Control: Eroded forest sanctuaries limit guerrilla advantage.
    2. Depleted Cadres: Surrenders and casualties reduced leadership continuity.
    3. Ideological Attrition: Reduced resonance of Maoist messaging as development outreach substitutes grievances.
    4. Operational Fatigue: Continuous pressure limited long-duration planning, reducing capability for large-scale attacks.

    CONCLUSION

    The article highlights a decisive shift in the Red Corridor, where expanded state presence and growing public confidence have significantly reduced Maoist influence. The transition reflects a combination of operational consistency, improved connectivity, and changing local behaviour, collectively signalling a new phase in India’s long battle against Left-Wing Extremism.

    PYQ Relevance

    [UPSC 2022] Naxalism is a social, economic and developmental issue manifesting as a violent internal security threat. Discuss the emerging issues and suggest a multilayered strategy to tackle the menace of Naxalism.

    Linkage: The PYQ matches the article’s focus on LWE decline driven by security consolidation and development outreach. It directly links to how improved roads, markets, and public confidence are weakening Naxalism.

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  • Governor vs. State

    SC advisory on Presidential Reference on Governors’ timelines

    | Polity | Mains Paper 2: Federalism

    Why In The News?

    The Supreme Court will issue an advisory opinion on a Presidential Reference questioning its authority to impose timelines and prescribe procedures for Governors and the President when handling State Bills sent for assent or consideration.

    1) About the Judgement:

    • Scheduled Advisory Opinion: The Supreme Court is set to deliver its advisory opinion on a Presidential Reference questioning whether the Court can impose timelines and procedures for Governors and the President when dealing with State Bills.
    • Bench’s Position: The five-judge Bench led by CJI B.R. Gavai held that the Court cannot remain inactive if a constitutional authority fails to perform its duties.
    • Political–Federal Context: The matter arises amid friction between Opposition-ruled States and Governors, with delays in assenting to key State legislation.
    • April 8 Judgment Trigger: The reference stems from the Supreme Court’s April 8 judgment that imposed a three-month deadline on Governors and the President to act on Bills.
    • Impact on Governance: The Court ruled that Governors cannot impede governance by indefinitely withholding action on welfare legislation.
    • Union Government’s Objection: The Centre argued that the April 8 ruling creates a “one-size-fits-all” approach that may be inappropriate given the varied nature of Bills.
    • Argument on Judicial Overreach: Solicitor General Tushar Mehta contended that the Court cannot assume legislative functions by compelling Governors to grant assent through mandamus.

    2) Presidential Reference Under Article 143:

    • Meaning and Scope: Article 143 allows the President to seek the Supreme Court’s advisory opinion on questions of law or fact of public importance.
    • Article 143(1) – Optional Opinion: The Supreme Court may accept or decline to answer references under this clause. Example: refusal in the 1993 Ram Janmabhoomi reference.
    • Article 143(2) – Mandatory Opinion: For disputes involving pre-Constitution treaties or agreements, the Court must render its opinion.
    • Nature of Advice: The advisory opinion is not binding on the President but carries significant legal authority.
    • Bench Requirement: Article 145(3) mandates that a minimum five-judge Bench must hear Presidential References.
    • Historical Origins: The power originates from the Government of India Act, 1935. Comparative jurisdictions: Canada accepts advisory opinions; the U.S. does not.
    • Past References: About 15 previous references include the Delhi Laws Act (1951), Kerala Education Bill (1958), Berubari (1960), Keshav Singh (1965), Presidential Poll case (1974), Third Judges Case (1998).
    • Key Question in Present Reference: Whether courts can impose timelines on Governors/President that are not expressly provided in Articles 200 and 201, and whether Article 142 enables the Court to frame such directions.
    • Limit on Overturning Judgments: As held in the 1991 Cauvery decision, Article 143 cannot be used to review or overturn settled Supreme Court judgments.
    • Constitutional Significance: The reference may clarify the constitutional roles of the President/Governors, promote federal balance, and remove procedural ambiguities.
    • Challenges of the Advisory Process: Advice is nonbinding, references may become politicized, “public importance” is undefined, and there is no timeline for the Court to respond.

    3) Relevant Constitutional Provisions & Case Law on Governors’ Powers to reserve state bills:

    • Article 200 – Governor’s Options: The Governor may assent, withhold assent with reasons, return a non-Money Bill once, or reserve the Bill for the President. Upon reconsideration and re-passage, the Governor must assent.
    • Article 201 – President’s Options: The President may assent, withhold assent, or return a non-Money Bill; unlike the Governor, the President is not bound even if the Bill is re-passed.
    • No Absolute or Pocket Veto: The Supreme Court held in the 2023 Tamil Nadu case that Governors cannot exercise a pocket veto; “as soon as possible” implies reasonable promptness.
    • Restriction on Reserving Bills: After a Bill is re-passed without amendments, the Governor must assent; it cannot be reserved again unless the content has changed.
    • Aid and Advice Principle: The Governor must act on the aid and advice of the Council of Ministers except in limited situations concerning High Court or Supreme Court powers.
    • Judicial Timelines and Reviewability: The Supreme Court imposed definitive timelines for Governor’s action under Article 200 and held that inaction is subject to judicial review.
    [UPSC 2012] Question: Which of the following are the discretionary powers given to the Governor of a State?

    1. Sending a report to the President of India for imposing the President’s rule

    2. Appointing the Ministers

    3. Reserving certain bills passed by the State Legislature for consideration of the President of India

    4. Making the rules to conduct the business of the State Government

    Select the correct answer using the code given below: Options: (a) 1 and 2 only (b) 1 and 3 only* (c) 2, 3 and 4 only (d) 1, 2, 3 and 4

     

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  • SC strikes down provisions of Tribunal Reforms Act, tells govt. to set up panel

    SC Judgements | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Why In The News?

    Supreme Court struck down provisions of the Tribunal Reforms Act 2021, saying they gave government excessive control over tribunal appointments, functioning and salaries, undermining independence.

    1) About the Supreme Court Judgement on the Tribunal Reforms Act, 2021:

    • Striking Down Provisions: The Supreme Court struck down provisions of the Tribunal Reforms Act, 2021 that gave the Union government dominant control over appointments, functioning, and salaries of tribunal chairpersons and members.
    • Need for Independence: The Court held that Parliament must structure the tribunal system to ensure independence, impartiality, and effective adjudication as constitutional requirements.
    • Violation of Constitutional Principles: Laws that enable executive control, curtail tenure, or weaken autonomy violate foundational constitutional values.
    • National Tribunal Commission: The Bench directed the Centre to establish a National Tribunal Commission within four months to ensure independence and transparency.
    • Repackaged Ordinance: The 2021 Act was a “repackaged version” of the earlier ordinance struck down in July 2021.
    • Ignoring Defects: Parliament had ignored the defects pointed out earlier by the Supreme Court, transferring the same provisions into the 2021 Act with minor changes.
    • Rejection of Parliament’s Argument: The Court dismissed the claim that Parliament has discretion to ignore Supreme Court decisions.
    • Judicial Review as a Basic Feature: The Court insisted that judicial review is a basic feature of the Constitution, and Parliament cannot brush aside the supremacy of the Constitution.

    2) Power of Judicial Review:

    • Meaning: Judicial review is the power of courts to examine the lawfulness of decisions or actions of public authorities.
    • Process Review: It reviews how a decision was made, not the correctness of the decision itself.
    • Procedure Established by Law: A law is valid only if enacted following the proper legislative procedure.
    • Due Process of Law: Ensures that laws are fair and just; India follows Procedure Established by Law.
    • Scope: Extends to reviewing actions of the legislature, executive, and administrative bodies.
    • Functions: Helps legitimize government action and protects the Constitution from undue encroachment.
    • Basic Structure: Judicial review forms part of the basic structure doctrine (Indira Gandhi vs Raj Narain, 1975).
    • Judicial Functions: Includes interpretational and observer roles of the judiciary.
    • PILs and Suo Moto: Courts can intervene through Public Interest Litigation and suo moto cases.
    • Types:
      • Review of Legislative Actions: Ensures laws comply with the Constitution.
      • Review of Administrative Actions: Enforces constitutional discipline on administrative bodies.
      • Review of Judicial Decisions: Allows correction of prior judicial decisions.
    • Importance: Ensures supremacy of the Constitution, prevents misuse of power, protects rights, maintains federal balance, and upholds judicial independence.
    • Problems: May limit government functioning, create overreach, lead to rigidity, risk judicial bias, and diminish public faith through repeated interventions.
    • Indian Context: India follows separation of functions, not strict separation of powers, but has checks and balances empowering courts to strike down unconstitutional laws.

    3) Tribunals:

    • Nature: Tribunals are quasi-judicial bodies aimed at reducing caseloads and providing technical expertise.
    • Constitutional Basis: Articles 323A and 323B added via the 42nd Amendment (1976) empower creation of tribunals.
    • Article 323A: Enables Parliament to form administrative tribunals for service matters.
    • Article 323B: Allows Parliament and state legislatures to create tribunals on subjects like taxation and land reforms.
    • 2010 SC Clarification: Subjects under Article 323B are not exclusive—legislatures may create tribunals for any subject in the Seventh Schedule.
    • Composition: Tribunals include judicial and technical members.
    • Jurisdiction: Defined, subject-specific jurisdiction; some have appellate powers.
    • Appeals: Generally lie with High Courts, though some go directly to the Supreme Court.
    • Chandra Kumar Judgment (1997): Appeals from tribunals must reach a division bench of High Courts.
    • Current Position: Tribunals may function as substitutes for High Courts or remain subordinate.

    Significance of Tribunals:

    • Specialization:
      • Ensures cases are handled by individuals with deep legal and technical expertise.
    • Speedy Resolution:
      • Enables timely resolution in crucial matters like tax, service disputes, and environmental issues.
    • Reduced Case Load:
      • Helps ease the burden on regular courts and reduces judicial backlog.
    • Accessibility:
      • Tribunals often have geographically dispersed benches, improving access for litigants.
    • Efficiency in Service Matters:
      • Bodies like CAT expedite government service-related disputes.

    Concerns with Tribunals:

    • Independence Issues:
      • Government-controlled appointments raise concerns about executive influence.
      • In 2019, the Supreme Court warned that lack of judicial dominance violates the separation of powers.
    • Pendency of Cases:
      • Example: Armed Forces Tribunal (AFT) had 18,829 pending cases in 2021.
    • Human Resource Constraints:
      • Lack of staffing contributes to rising pendency.
    • Tenure Problems:
      • Short tenure and reappointment provisions increase executive control.
    • Non-Uniform Procedures:
      • Wide variations cause inconsistency and confusion for litigants.
    • Overlapping Jurisdictions:
      • Leads to conflicts between courts and tribunals.
    • Technical Member Issues:
      • Some technical members lack legal qualifications.
    [UPSC 2019] Consider the following statements:

    1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

    2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

    Which of the statements given above is/are correct?

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

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  • Food Procurement and Distribution – PDS & NFSA, Shanta Kumar Committee, FCI restructuring, Buffer stock, etc.

    2.25 Crore Ineligible Beneficiaries removed  from Free Ration Scheme

    Bills/Act/Laws | Social Justice | Mains Paper 2: Government Scheme/Policies

    Why in the News?

    About 2.25 crore ineligible people were removed from the NFSA free ration list in the past 4–5 months to ensure benefits reach only rightful beneficiaries.

    About Free Ration Scheme:

    • Foodgrain Allocation: The scheme provides 5 kg of free foodgrains (wheat or rice) per person per month to poor households for basic sustenance.
    • Criteria for Ineligibility: Ineligible individuals included those owning four-wheelers, earning above the income threshold, holding company directorships, or deceased persons.
    • Verification Process: The Centre identified suspect entries and shared them with States for verification and deletion.
    • Role of State Governments: States are responsible for identifying beneficiaries, issuing ration cards, and continuously updating lists.
    • Current Coverage: The scheme currently covers around 80.56 crore people, with scope to add about 0.79 crore more beneficiaries.
    • Ration Card & Distribution Network: India has over 19 crore ration card holders and around 5 lakh fair price shops.
    • Beneficiary Categories:
      • Antyodaya Anna Yojana (AAY): 35 kg per household per month
      • Priority Households (PHH): 5 kg per person per month

    About National Food Security Act, 2013 (NFSA):

    • Enactment: NFSA was signed into law on 12 September 2013, with effect from 5 July 2013.
    • Coverage Goal: It aims to provide subsidized food grains to about two-thirds of India’s population, covering 75% rural and 50% urban populations.
    • Legal Entitlements: It converts food security schemes into legal entitlements for eligible households.
    • Subsidized Prices: Mandated Targeted Public Distribution System prices:
      • Rice – ₹3/kg
      • Wheat – ₹2/kg
      • Coarse grains – ₹1/kg
    • Household Head Provision: The eldest woman aged 18 or above in a household is designated as the head for issuing ration cards.
    • Nutritional Support: Pregnant women, lactating mothers, and children (6 months–14 years) receive free meals under ICDS and Mid-Day Meal schemes.
    • Maternity Benefits: Pregnant and lactating women are entitled to a ₹6,000 maternity benefit, paid in installments.
    • Entitlements Under NFSA:
      • Priority Households: 5 kg foodgrains per person per month
      • AAY Households: 35 kg per month
      • Universal coverage of ICDS and Mid-Day Meals
    [UPSC 2018] With reference to the provisions made under the National Food Security Act, 2013, consider the following statements:

    1. The families coming under the category of ‘below poverty line (BPL)’ only are eligible to receive subsidies food grains.

    2. The eldest woman in a household, of age 18 years or above, shall be the head of the household for the purpose of issuance of a ration card.

    3. Pregnant women and lactating mothers are entitled to a ‘take-home ration’ of 1600 calories per day during pregnancy and for six months thereafter.

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

     

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  • Seeds, Pesticides and Mechanization – HYV, Indian Seed Congress, etc.

    Centre plans to amend Protection of Plant Variety and Farmers’ Rights (PPV&F) Act, 2001

    Bills/Act/Laws | Agriculture | Mains Paper 3: Agriculture and related issues

    Why in the News?

    The Union Agriculture Minister has confirmed that the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FRA) will be amended, with the Centre incorporating inputs from farmers, scientists, civil society, and industry.

    About the Protection of Plant Varieties and Farmers’ Rights Act (PPV&FRA), 2001:

    • Overview: India’s sui generis legislation protects the rights of plant breeders, farmers, and local communities while promoting innovation and conserving agrobiodiversity.
    • TRIPS Compliance: Designed as an alternative to restrictive Union for the Protection of New Varieties of Plants (UPOV) models, recognising farmers both as cultivators and as breeders with equal legal standing.
    • Key Features:
      • Institutional Framework: Established the PPV&FR Authority, National Register of Plant Varieties, and the National Gene Bank for long-term conservation.
      • Farmers’ Rights: Allows farmers to save, use, sow, resow, exchange, share, and sell seeds of protected varieties (except branded seeds) and register their own varieties.
      • Breeders’ Rights: Grants exclusive commercialisation rights over registered varieties, subject to benefit-sharing and statutory limitations.
      • DUS Testing: Registration based on Distinctness, Uniformity, Stability, with protection of 15 years for annuals and 18 years for trees and vines.
      • Compulsory Licensing: Ensures public access where breeders fail to provide seeds at fair prices or adequate quantities.
      • Community Benefits: Provides for benefit-sharing, recognition of traditional varieties, and safeguards against unfair claims on farmer-developed seeds.
      • Scope of Varieties: Covers new, extant, farmers’, and essentially derived varieties.

    What are the Proposed Amendments?

    • Redefinition of ‘Variety’: Broadened to include combinations of genotypes and vegetative propagules such as tubers, bulbs, rhizomes, roots, synthetic seeds, and tissue-culture plants, aligning with the Seeds Bill 2019.
    • Expanded Definition of ‘Seed’: Includes all planting materials and vegetatively propagated parts to harmonise India’s seed laws.
    • Clarifying ‘Breeder’ and ‘Institution’: Updated to formally recognise both public and private bodies as legitimate breeders.
    • Strengthening DUS Testing: Adds trait-based descriptors, greater transparency, and safeguards against misuse seen in cases like njavara paddy.
    • Defining “Abusive Acts”: Introduces penalties for selling varieties with identical denominations or misusing breeder rights to gain monopolistic control.
    • Community Seed Rights: Ensures that community-developed and traditional varieties cannot be appropriated by private entities.
    • Protection Against Misappropriation: Prevents registration of varieties already tested or conserved by farmers without disclosure or consent.
    • Farmer Compensation: Strengthens mechanisms for compensating farmers when registered varieties underperform compared to breeder claims.
    • Global Alignment: Follows negotiations under the International Plant Treaty (MLS), especially on in situ conservation and equitable sharing of genetic resources.
    [UPSC 2014]  In the context of food and nutritional security of India, enhancing the ‘Seed Replacement Rates’ of various crops helps in achieving the food production targets of the future. But what is/are the constraint/constraints in its wider/greater implementation?

    1. There is no National Seeds Policy in place.

    2. There is no participation of private sector seed companies in the supply of quality seeds of vegetables and planting materials of horticultural crops.

    3. There is a demand-supply gap regarding quality seeds in case of low value and high volume crops.

    Select the correct answer using the code given below.
    Options: (a)  1 and 2 only (b)  3 only* (c)  2 and 3 only (d)  None of the above

     

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  • Electoral Reforms In India

    Independence of Election Commission Of India(ECI)

    Prelims Only | Polity | Mains Paper 2: Constitutional Bodies

    Why in the news?

    Amidst SIR exercise, the Opposition raised questions on the independence of ECI.

    About Election Commission of India(ECI)

    The Election Commission of India (ECI), established under Article 324, is responsible for ensuring free, fair, and impartial elections. Its independence is essential for democratic legitimacy.

    Constitutional Safeguards Ensuring Independence

    1.Security of Tenure – CEC-The Chief Election Commissioner (CEC) can be removed only through a process similar to that of a Supreme Court judge- by a special majority of Parliament on grounds of proved misbehaviour or incapacity.

    2.Protection for Election Commissioners (ECs)-ECs can be removed only on the recommendation of the CEC, preventing arbitrary dismissal by the executive.

    3. Financial Independence-ECI’s expenses are charged on the Consolidated Fund of India, insulating it from executive control through budget cuts.

    4. Plenary Powers under Article 324-ECI can act when existing laws are inadequate, allowing it functional autonomy during elections

    Independence After the 2023 Act

    Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This Act overrides the 2023 Supreme Court directive that required a three-member committee :PM + Leader of Opposition + CJI.

    Key Provisions and Their Impact

    1.New Appointment Committee-Appointments to CEC and ECs now made by a three-member panel:

    • Prime Minister (Chairperson)
    • Leader of Opposition in Lok Sabha
    • Union Cabinet Minister nominated by the PM

    Impact: Replaces the CJI with a Cabinet minister, increasing executive dominance over appointments, raising concerns about ECI independence.

    2. Service Conditions-CEC and ECs will have the same salary and perks as Cabinet Secretary.

    Impact: This equates their status with high-ranking executive officers, which critics argue may reduce institutional insulation from the government.

    3.Term of Office-Fixed tenure of 6 years or until age 65, whichever earlier.

    Impact: Fixed tenure supports stability, but early retirement age could shorten term length.

    4. Removal & Suspension-No change: CEC retains constitutional protection; ECs removable only on CEC’s recommendation.

    Challenges to Independence (Post-2023 Act)

    • Executive-Dominated Appointments: A selection panel with a government majority may undermine the Commission’s neutrality.
    • Exclusion of CJI: Removing the Chief Justice from the panel weakens institutional checks and balances.
    • Status Dilution: Equating the CEC/ECs with a bureaucratic rank risks undermining their constitutional stature.
    • Post-Retirement Incentives: Possibility of government-appointed positions may affect independent decision-making.
    • Administrative Dependence: Continued reliance on government machinery for staffing and logistics limits functional autonomy.

    The Election Commission of India, protected by the Constitution, ensures free elections; the 2023 Act clarifies appointments, and strengthening autonomy and capacity can further reinforce its credibility and democratic role.

    [UPSC 2012] Consider the following statements:

    1. Union Territories are not represented in the Rajya Sabha.
    2. It is within the purview of the Chief Election Commissioner to adjudicate election disputes.
    3. According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.

    Options: (a) 1 only (b) 2 and 3 (c) 1 and 3 (d) None*

     

     

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  • SC recalls verdict rejecting Green Clearances

    SC Judgements | Polity | Mains Paper 2: Executive & Judiciary

    Why in the News?

    A three-judge Bench of the Supreme Court of India recalled its May 16 verdict that had declared the granting of ex post facto environmental clearances (ECs) to construction projects as a “gross illegality” and “anathema” to environmental laws. This decision had struck down a 2017 notification and 2021 office memorandum of the Union Government that allows such retrospective clearances.

    Key Points of Decision

    1. Majority Opinion:
      • Chief Justice B.R. Gavai and Justice K. Vinod Chandran ruled to recall the May 16 verdict, which had declared the granting of ex post facto environmental clearances (ECs) as illegal.
      • The majority emphasized the public interest in avoiding the demolition of ongoing construction projects, which could lead to significant financial losses and job cuts.
      • They argued that retrospective clearances should be an exceptional measure rather than a routine practice, and these projects could continue if heavy penalties were imposed for violations.
    2. Dissenting Opinion:
      • Justice Ujjal Bhuyan dissented, critiquing the majority for undermining environmental jurisprudence.
      • Justice Bhuyan argued that granting ex post facto ECs violates the precautionary principle and undermines sustainable development, as it encourages illegal constructions that bypass environmental laws.
      • He emphasized that environmental protection should not be compromised for development purposes.

    Implications of the Judgement

    • Development vs Environment: The decision underscores the tension between economic development and environmental protection, highlighting the judiciary’s role in ensuring sustainable development while addressing violations of environmental laws.
    • Environmental Governance: It raises questions on judicial review of executive actions, emphasizing the need for effective regulatory compliance and policy frameworks that balance growth with ecological safeguards.
    • Sustainability and Public Health: The ruling reinforces the importance of adhering to environmental laws to protect natural resources and public health, which is critical for India’s long-term sustainability and policymaking.

     

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