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Subject: Governance

Important aspects of Society

  • Registrar General notifies 40-question Census schedule with caste enumerated beyond SC and ST

    Why in the News

    The Registrar General and Census Commissioner of India has notified the 40 question schedule for the population enumeration phase of Census 2027, with caste recorded as an open declaration for the first time in independent India outside the Scheduled Castes and Scheduled Tribes. The notification exposes two tensions. An open caste column stands against the State wise lists prepared in advance for recent State caste surveys, and eight identity fields drawn from the 2020 National Population Register schedule now sit inside an exercise conducted under the Census Act, 1948.

    What is the population enumeration schedule of Census 2027?

    1. About: The schedule is the questionnaire that census officers are legally authorised to put to every person residing in their assigned area.
    2. Issuing authority: It was notified by the Ministry of Home Affairs under the Census Act, 1948, on the authority of the Registrar General and Census Commissioner of India.
    3. Instrument of collection: Information is gathered through the household schedule, which records the particulars of every person residing in a household.
    4. Size: Census 2027 carries 40 questions against the 29 questions of the Census 2011 questionnaire.
    5. Placement in the exercise: The Census runs in two phases, Housing and House Listing Operations followed by Population Enumeration, and this schedule governs the second phase.
    6. The caste field: Question number 10 reads Scheduled Caste (SC), Scheduled Tribe (ST), Caste, and the enumerator records the caste as declared by the respondent.

    What is the National Population Register (NPR)?

    1. About: The NPR is the register of usual residents of the country, which is distinct from a register of citizens.
    2. Legal basis: It is prepared under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, framed under the Citizenship Act, 1955.

    What is the National Register of Indian Citizens?

    1. About: It is a register of citizens prepared by verifying the entries already recorded in the Population Register.
    2. Local tier: The Local Register of Indian Citizens holds the verified particulars of persons within the jurisdiction of a Local Registrar.

    What is the Socio Economic and Caste Census (SECC) 2011?

    1. About: The SECC was a household survey of socio economic status and caste conducted alongside Census 2011.
    2. Statutory position: It was run as a survey outside the purview of the Census Act, 1948, carried no statutory backing, and its caste data were never released by the government.

    What are Housing and House Listing Operations?

    1. About: This is the first phase of the Census, which lists every building and household and records housing conditions and household assets.
    2. Current status: The phase is due to end on 30 September and has been completed in most States except West Bengal, Assam and Manipur.

    What is a reference date in a Census?

    1. About: The reference date is the fixed instant to which every entry relates, so a person is counted by their situation at that moment rather than on the day the enumerator visits.
    2. Dates notified: It is 12 a.m. on 1 October for the areas enumerated early and 12 a.m. on 1 March 2027 for the rest of the country.

    What is self enumeration in the Census?

    1. About: Self enumeration allows a household to fill its own schedule through a digital application before any enumerator visit.
    2. Window notified: The option is available from 17 to 31 August, before house to house population enumeration begins.

    Who is the Registrar General and Census Commissioner of India (RG&CCI)?

    1. About: The RG&CCI is the authority under the Ministry of Home Affairs that conducts the Census and notifies the questions census officers are authorised to ask.
    2. Other charge: The same office runs the Civil Registration System and the Sample Registration System.

    What are the new or modified questions in the Census 2027 schedule?

    1. Spouse name: The name of the respondent’s spouse is recorded for the first time.
    2. Nationality as declared: Nationality is recorded as stated by the respondent.
    3. Father’s particulars: Details of the respondent’s father are recorded.
    4. Mother’s particulars: Details of the respondent’s mother are recorded.
    5. Scheduled Caste, Scheduled Tribe, Caste: The existing SC and ST question is modified to add an open caste field.
    6. Literacy and digital literacy: Digital literacy is added to the existing literacy question.
    7. Highest educational level attained and stream or discipline: The stream or discipline of study is recorded along with the level attained.
    8. Place of COVID 19 vaccination: The place where the person received a COVID 19 vaccine is recorded.
    9. Total number of bank accounts: The count of bank accounts held is recorded.
    10. Mobile number: The mobile telephone number is recorded where available.
    11. Aadhaar number: The Aadhaar number is recorded where available.
    12. Voter ID number: The voter identity card number is recorded where available.
    13. Passport number: The passport number is recorded for Indian passport holders.
    14. Availability of driving licence: Whether the person holds a driving licence is recorded.
    15. Permanent residential address: The permanent residential address is also listed among the fields added for the first time.
    16. Scale of the change: Thirteen questions or data fields are entirely new against the 29 question Census 2011 schedule, and 14 questions are new or modified when the caste field is counted as a modification.

    Which of these questions were also part of the 2020 NPR schedule?

    1. Nationality as declared: Declared nationality was sought in the NPR schedule notified in 2020.
    2. Father’s particulars: Particulars of the father were part of the same NPR schedule.
    3. Mother’s particulars: Particulars of the mother were part of the same NPR schedule.
    4. Mobile number: The mobile number was collected under the NPR schedule.
    5. Aadhaar number: The Aadhaar number was collected under the NPR schedule.
    6. Voter ID number: The voter identity card number was collected under the NPR schedule.
    7. Passport number: The passport number was collected under the NPR schedule.
    8. Driving licence: Availability of a driving licence was collected under the NPR schedule.

    Why does an open caste column divide opinion against a list prepared in advance?

    1. The method notified: The enumerator records the caste as declared by the respondent, because the field is an open column with no fixed set of options.
    2. Evidence from the pre test: The pre test for population enumeration ran from 1 to 20 July in 16 States and Union Territories, where respondents outside the reserved categories recorded caste in an open column.
    3. The alternative sought: The Congress general secretary stated that the caste question was widely expected to carry a State wise list prepared in advance, as in the Bihar and Telangana caste surveys, with the response merely ticked.
    4. Charge on intent: The absence of such a list has been described as raising serious doubts on intent.
    5. Record of the open column: The same method in the 2011 SECC returned over 46 lakh different caste names, largely owing to differences in what people understand by caste.
    6. Historical benchmark: The 1931 Census, the last to enumerate caste, recorded 4,147 castes.
    7. Government position: The 2011 SECC caste data have been held over the last decade to be unreliable because of errors in data collection.

    How does the overlap with the NPR schedule reopen the citizenship question?

    1. Statutory link: The Citizenship Rules, 2003 provide for preparation of a Population Register and envisage its verification for preparation of the National Register of Indian Citizens.
    2. Doubtful entries: Rule 4 provides for marking the particulars of individuals whose citizenship is considered doubtful during verification, for further inquiry.
    3. Parental birth details: The 2020 NPR schedule sought the date and place of birth of a person’s father and mother, including district and State, and the country of birth where they were born outside India.
    4. The earlier controversy: Opposition parties and civil society groups argued in 2019 and 2020 that the NPR was a precursor to a nationwide NRC and that parental birth details could later be used to determine citizenship.
    5. State resistance: Several Opposition ruled States passed resolutions opposing the NPR exercise.
    6. Political amplification: The Union Home Minister had repeatedly spoken of a nationwide NRC and sought to link it with the Citizenship Amendment Act through a stated chronology.
    7. Assurance on record: The Prime Minister said in December 2019 that the government had not taken any decision to conduct the NRC, and the Home Ministry reiterated that position on several occasions.
    8. Present position: The Census questions return without any notification for an NPR and without any announced decision to undertake a nationwide NRC.

    What is the current status of the NPR exercise?

    1. First collection: NPR data were first collected in 2010, along with the houselisting phase of the 2011 Census.
    2. Update: The register was updated through a door to door exercise in 2015.
    3. Revival: The Registrar General revived the NPR through a notification in August 2019, to be carried out with the houselisting phase of the 2021 Census.
    4. Postponement: That exercise was postponed because of the COVID 19 pandemic.
    5. Budget provision: The Union Budget 2026 to 2027 allocated Rs 6,000 crore under the head Census, Survey and Statistics and Registrar General of India, for Census 2027 and the NPR.
    6. No fresh notification: The houselisting phase was notified for 1 April to 30 September and made no mention of the NPR, and no fresh NPR exercise has been notified.
    7. Official explanation: A Home Ministry official stated that the allocation followed provisions made in previous budgets since 2020, to keep funds available if and when the government decides to conduct the NPR.

    How is Census 2027 being sequenced across the country?

    1. Early start: Population enumeration begins on Monday in Ladakh and the snow bound areas of Jammu and Kashmir, Uttarakhand and Himachal Pradesh.
    2. Rest of the country: Enumeration in the remaining States and Union Territories will take place in February 2027.
    3. Self enumeration window: The self enumeration option runs from 17 to 31 August, before house to house enumeration starts.
    4. Reference dates: The count relates to 12 a.m. on 1 October for the early areas and to 12 a.m. on 1 March 2027 for the rest of the country.
    5. First phase status: Housing and House Listing Operations end on 30 September and are complete in most States except West Bengal, Assam and Manipur.
    6. Historical marker: This is the first Census since 1931 to enumerate caste and the first in independent India to record caste beyond the Scheduled Castes and Scheduled Tribes.

    Challenges to caste enumeration in Census 2027

    1. Uncontrolled caste nomenclature: An open column accepts whatever name a respondent offers, so sub castes, gotras, sect names and surnames enter the record as separate castes. e.g. the 2011 SECC returned over 46 lakh caste names against the 4,147 castes recorded in the 1931 Census.
    2. No mapping to State lists: Names collected without a State list cannot be matched to State Other Backward Classes schedules that decide reservation benefits. e.g. Bihar’s 2023 caste survey worked from a fixed list of 214 castes, which allowed direct tabulation of shares.
    3. Enumerator discretion in the field: Recording is left to a field enumerator, usually a school teacher, with limited training in caste classification. e.g. the 2011 SECC required years of post survey classification by an Expert Group and still yielded data the government declined to release.
    4. Privacy exposure of identity numbers: Aadhaar, voter identity, passport and mobile numbers create a single linked identity record collected by a field officer. e.g. the Supreme Court in K.S. Puttaswamy versus Union of India (2017) required legality, legitimate aim and proportionality for any state collection of personal data.
    5. Association with citizenship verification: Eight fields repeat the NPR schedule that triggered protests in 2019 and 2020, which raises the risk of non response in minority and migrant households. e.g. several Opposition ruled State assemblies passed resolutions against the NPR in 2020.
    6. Operational strain of a longer schedule: Forty questions against 29 lengthens every household visit and raises enumerator fatigue and transcription error. e.g. the first phase is still incomplete in West Bengal, Assam and Manipur with six weeks left on the notified deadline.
    7. Contestation of the published count: Caste totals feed directly into claims on reservation, so each figure becomes a subject of political dispute. e.g. Bihar’s survey finding that Extremely Backward and Backward Classes form about 63 percent of the State’s population immediately produced demands to breach the 50 percent ceiling.

    Conclusion

    The notification settles the method of the caste count and leaves its reliability open. An open column repeats the design that produced 46 lakh caste names in 2011, and eight identity fields carry the NPR schedule into a statutory Census that no NPR notification accompanies. Population enumeration begins on Monday in the snow bound areas, with the rest of the country following in February 2027.

    Population Data Systems in India

    1. About: India measures its population through one complete decennial count, one continuous registration system, and a set of large sample surveys that fill the years between counts.
    2. Census: The Census is a complete headcount conducted since 1872 and synchronously since 1881, and it has run every ten years without interruption until the 2021 round was postponed.
    3. Civil Registration System: The system continuously records births and deaths under the Registration of Births and Deaths Act, 1969, through State registrars.
    4. Sample Registration System: This large scale sample survey supplies annual estimates of birth rate, death rate and infant mortality rate between two Censuses.
    5. National Population Register: The NPR is a register of usual residents maintained under the Citizenship Rules, 2003, and is not a statistical product.
    6. Sample surveys: The National Sample Survey and the National Family Health Survey supply consumption, employment and health estimates that draw their sampling frames from the Census.
    7. Digital shift: Census 2027 is the first Census to be conducted digitally, using a mobile application for enumerators and a self enumeration portal for households.

    Statutory and Constitutional Framework Governing the Census and Population Registers

    1. Article 246: Distributes legislative power between the Union and the States through the three lists of the Seventh Schedule.
    2. Entry 69 of the Union List: Places Census exclusively within the legislative competence of Parliament.
    3. Census Act, 1948: Provides the legal basis for conducting the Census and for the appointment, powers and duties of census officers.
    4. Section 3 of the Census Act, 1948: Empowers the Central Government to take a census whenever it considers necessary and to notify its intention.
    5. Section 8 of the Census Act, 1948: Obliges every occupier and every person to answer the questions put by a census officer.
    6. Section 15 of the Census Act, 1948: Makes census records confidential, keeps them out of public inspection and bars their use as evidence.
    7. Section 14A of the Citizenship Act, 1955: Empowers the Centre to compulsorily register every citizen, issue national identity cards and maintain a National Register of Indian Citizens.
    8. Rule 3(4) of the Citizenship Rules, 2003: Allows the Centre to fix a date by which the Population Register is to be prepared, by collecting information on all persons usually residing within a Local Registrar’s jurisdiction.
    9. Rule 3(5) of the Citizenship Rules, 2003: Provides that the Local Register of Indian Citizens will contain the details of persons after verification from the Population Register.
    10. Rule 4 of the Citizenship Rules, 2003: Provides for marking the particulars of individuals whose citizenship is considered doubtful during verification, for further inquiry.

    Laws and Rules Governing Census and Population Data

    1. Census Act, 1948: Governs the conduct of the Census, the powers of census officers and the confidentiality of individual returns.
    2. Census Rules, 1990: Provide the operational detail for appointment of census officers, forms, schedules and the handling of census records.
    3. Registration of Births and Deaths Act, 1969: Makes registration of births and deaths compulsory and establishes the Civil Registration System.
    4. Registration of Births and Deaths (Amendment) Act, 2023: Makes the birth certificate a single document for admission, employment and voter registration, and provides for national databases of registered births and deaths.
    5. Citizenship Act, 1955: Governs acquisition and determination of citizenship, and carries the registration mandate in Section 14A.
    6. Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003: Provide for the Population Register, the Local, Sub District, District, State and National Registers of Indian Citizens, and the marking of doubtful citizenship.
    7. Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: Governs the collection and use of Aadhaar numbers and restricts their use to notified purposes.
    8. Digital Personal Data Protection Act, 2023: Governs the processing of digital personal data and allows the Centre to exempt State instrumentalities from specified obligations.
    9. Collection of Statistics Act, 2008: Governs the collection of statistics on economic, demographic and social matters by the Centre, States and local bodies.

    Back2Basics: Census of India

    1. First census: The first census was taken in 1872 in a non synchronous manner during the tenure of Viceroy Lord Mayo.
    2. First synchronous census: The first synchronous census was held in 1881 under Viceroy Lord Ripon.
    3. Frequency: The Census has been conducted every ten years without a break since 1881, and Census 2011 was the fifteenth national census and the seventh since Independence.
    4. Administering office: The Office of the Registrar General and Census Commissioner of India was created in 1949 and functions under the Ministry of Home Affairs.
    5. Legal basis: The exercise is conducted under the Census Act, 1948, and Census is Entry 69 of the Union List.
    6. Last caste count: The 1931 Census was the last to enumerate caste in full, recording 4,147 castes.
    7. Census 2011 headline figures: Population stood at 121.09 crore, decadal growth at 17.7 percent, density at 382 persons per square kilometre, sex ratio at 943 and literacy at 74.04 percent.
    8. Census 2027 markers: It is the first digital Census, the first to enumerate caste since 1931, and it carries two reference dates, 1 October 2026 for snow bound areas and 1 March 2027 for the rest of the country.

    Government Initiatives Related to Population Data

    1. Census 2027 digital application: Enumerators record household and personal particulars on a mobile application instead of paper schedules.
    2. Self enumeration portal: Households can complete their own schedule online ahead of the enumerator’s visit.
    3. Civil Registration System portal: Births and deaths are registered online through a centralised portal, with certificates issued digitally.
    4. Sample Registration System: Provides annual vital rate estimates for States and districts between Censuses.
    5. National Population Register: Maintains a register of usual residents under the Citizenship Rules, 2003.
    6. Aadhaar: Provides a unique identity number used to authenticate beneficiaries of subsidies and services.
    7. National Data and Analytics Platform: A NITI Aayog platform that puts government datasets in a standardised, machine readable form for public use.

    Key Facts about the Census of India

    1. First post Independence census: The first census of independent India was conducted in 1951.
    2. Phases of Census 2011: House Listing Operations ran from April to September 2010 and Population Enumeration from 9 to 28 February 2011.
    3. Population recorded in 2011: The count stood at 121,08,54,977 persons.
    4. State extremes in 2011: Uttar Pradesh was the most populous State, Sikkim the least populous, Kerala recorded the highest literacy and Bihar the lowest.
    5. Density extremes in 2011: Bihar recorded the highest density among States at 1,106 persons per square kilometre and Arunachal Pradesh the lowest at 17.
    6. Frozen delimitation: Lok Sabha seat allocation remains fixed on the 1971 Census until the first census taken after 2026.
    7. Observance: World Population Day is observed on 11 July every year.

    Challenges in India’s Population Data System

    1. Delay in the decennial count: A postponed Census leaves the country without a fresh headcount for far longer than the ten year cycle allows. e.g. the 2021 Census was deferred and the next reference date is 1 March 2027, a gap of sixteen years.
    2. Outdated policy denominators: Welfare entitlements are calculated on population shares that are more than a decade old. e.g. National Food Security Act, 2013 coverage still rests on 2011 population, and estimates placed before the Supreme Court in 2021 put the excluded number at about 10 crore people.
    3. Under registration of births and deaths: Incomplete civil registration prevents the Census from being cross checked against a continuous record. e.g. excess mortality during the COVID 19 pandemic could not be settled because registration completeness varied sharply across States.
    4. Weak measurement of migration: The Census captures migration by last residence and misses seasonal and circular movement. e.g. the 2011 Census counted about 45.6 crore internal migrants, yet in 2020 no State held a usable register of returning migrant workers.
    5. Caste data gap: The absence of a modern caste count forces policy to rely on pre Independence figures. e.g. the Mandal Commission derived its estimate of Other Backward Classes at about 52 percent from the 1931 Census.
    6. Data privacy architecture: Collection of identity numbers by a field officer proceeds without an independent oversight body in place. e.g. the Digital Personal Data Protection Act, 2023 permits the Centre to exempt State instrumentalities from key obligations by notification.
    7. Delayed release and access: Long gaps between collection and release reduce the value of the data for planning. e.g. SECC 2011 caste data were never released at all.

    Way Forward

    1. Publish a State wise caste directory: Prepare and release a standardised caste list for each State before tabulation, so open column returns can be mapped consistently.
    2. Legislate a fixed census calendar: Amend the Census Act, 1948 to bind the Centre to a stated reference date and a stated release schedule for each decennial round.
    3. Separate the statistical count from citizenship registers: Notify expressly that data collected under the Census Act, 1948 will not be used to prepare or verify any register under the Citizenship Rules, 2003.
    4. Strengthen the Civil Registration System: Raise registration completeness to near universal levels so annual vital statistics reduce dependence on a ten year count.
    5. Constitute an independent data audit: Route quality assurance of the caste and identity fields through the National Statistical Commission before publication.
    6. Release anonymised unit level data: Publish anonymised microdata on a fixed timetable so researchers can test tabulations rather than accept them.
    7. Train enumerators on caste recording: Run a dedicated module for enumerators on recording caste responses and on handling refusals, before the February 2027 round.

    “[2009] Consider the following statements :

    1. Between Census 1951 and Census 2001, the density of the population of India has increased more than three times.

    2. Between Census 1951 and Census 2001, the annual growth rate (exponential) of the population of India has doubled.

    Which of the statements given abova is/are correct ?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Anti-paper-leak law amended amid exam-integrity protests

    Why in the News

    The Public Examination (Prevention of Unfair Means) Amendment Bill, 2026 seeks to strengthen the 2024 law against organised cheating and examination paper leaks amid concerns over NEET and recruitment examination irregularities.

    What is the Public Examination Act, 2024?

    1. Objective: Criminalises organised cheating, paper leaks, impersonation and other unfair means.
    2. Coverage: Applies to major public examinations conducted by bodies such as UPSC, SSC and NTA.
    3. Penalties: Provides imprisonment and heavy fines for organised examination malpractice.
    4. Focus: Targets organised networks rather than genuine candidate errors.

    Why was it amended?

    • Exam-leak crisis: Repeated paper leaks and irregularities exposed weaknesses in examination governance.
    • Enforcement gaps: Strengthening was considered necessary after experience with the 2024 framework.
    • Public trust: Fair examinations are essential for merit-based recruitment and equal opportunity.

    What does the crisis reveal?

    • Aspiration-opportunity gap: Large numbers of candidates compete for limited government jobs.
    • Institutional trust deficit: Repeated leaks undermine confidence in recruitment institutions.
    • Governance challenge: Legal punishment alone cannot ensure examination integrity without secure technology, accountable agencies and speedy investigation.

    Prelims Pointers

    • Act: Public Examinations (Prevention of Unfair Means) Act, 2024
    • Ministry/Department: Department of Personnel and Training
    • Targets: Organised cheating, paper leaks and impersonation
    • Important distinction: The Act does not automatically cover all university or State board examinations unless the concerned government adopts the framework.

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

    [2021] With reference to the Union Government, consider the following statements:
    1. N. Gopalaswamy Iyengar Committee suggested that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.
    2. In 1970, the Department of Personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and this was placed under the Prime Minister’s charge.
    Which of the statements given above is/are correct?

    [A] 1 only

    [B] 2 only

    [C] Both 1 and 2

    [D] Neither 1 nor 2

  • Parliament passes National Co-operative Development Corporation (Amendment) Bill, 2026

    Why in the News?

    Parliament passed the National Cooperative Development Corporation (Amendment) Bill, 2026, enabling the NCDC to provide loans and grants directly to cooperative societies.

    What is NCDC?

    • NCDC (National Cooperative Development Corporation) is a statutory corporation established under the National Cooperative Development Corporation Act, 1962.
    • Functions under the Ministry of Cooperation.
    • Promotes and finances cooperatives involved in production, processing, marketing, storage and trade of agricultural and allied produce.

    What does the Amendment Change?

    • Direct lending: NCDC can directly provide loans and grants to cooperative societies.
    • Wider coverage: Definition of foodstuffs expanded to include processed food and other food items notified by the Centre.
    • No additional budgetary outlay: The Bill does not provide for additional government financial assistance.

    Why is it Needed?

    • Faster flow of credit by removing intermediary delays.
    • Supports over 8 lakh cooperatives with more than 30 crore members.
    • Extends cooperative financing into value added food chains.

    Why are States Concerned?

    • Cooperation is largely a State subject.
    • Direct central lending may bypass State governments and registrars.
    • Raises concerns about cooperative federalism and centralisation.

    Key Challenges

    • Financial weakness and poor governance of PACS (Primary Agricultural Credit Societies).
    • Dual regulatory control.
    • Regional concentration of cooperatives.
    • Delayed elections and audits.
    • Limited professional management.
    • Centre State friction.

    Constitutional Framework

    • Entry 32, State List: Incorporation and regulation of cooperative societies within a State.
    • Article 43B: Promotes voluntary formation and autonomous functioning of cooperatives.
    • Part IXB, Articles 243ZH to 243ZT: Constitutional provisions on cooperatives.
    • Multi State Cooperative Societies Act, 2002: Governs cooperatives operating across multiple States.

  • Supreme Court clarifies scope of police custody under Section 187(2) BNSS

    Why in the News?

    The Supreme Court held in The State of Andhra Pradesh vs Suda Suresh Veera Venkata Naga Raju that Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 enlarges the window during which police custody may be sought. The ruling has exposed the difference between the new code and the old regime, under which police custody was confined to the first 15 days of remand alone. Police custody is now available in parts, though in aggregate not exceeding 15 days, during the first 40 or 60 days of detention.

    What is Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023?

    1. Governing provision: Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the criminal procedure code that replaced the Code of Criminal Procedure, 1973, governs the detention of an accused when investigation cannot be completed in 24 hours.
    2. Enlarged window: Under Section 187(2), a magistrate may authorise detention not exceeding 15 days in the whole, or in parts, at any time during the initial 40 days or 60 days of a total detention period of 60 or 90 days.

    What is default bail?

    1. Definition: Where investigation is not completed within the stipulated period, the accused becomes entitled to release, widely known as default bail.
    2. Time limits under Section 187(3): Judicial detention may extend up to 90 days for offences punishable with death, life imprisonment or imprisonment of 10 years or more, and up to 60 days for any other offence.

    What is the current status of pre-trial custody rights in India?

    1. Twenty four hour rule: Section 58 of the BNSS provides that a person arrested without warrant cannot be detained beyond 24 hours without a magistrate’s authorisation under Section 187.
    2. Fifteen day cap on police custody: Police custody remains capped at 15 days in aggregate, but may now be spread across the early investigation period rather than the first 15 days alone.
    3. Right to counsel: Section 38 of the BNSS entitles an arrested person to meet an advocate of choice during interrogation, though not throughout interrogation.
    4. Recording safeguard: Audio visual recording of the actual interrogation and of any discovery or recovery satisfies the transparency requirement.

    Constitutional provisions related to arrest and detention:

    1. Article 22(1): Guarantees the right to be informed of grounds of arrest and to consult a legal practitioner of choice.
    2. Article 22(2): Requires production before the nearest magistrate within 24 hours of arrest.
    3. Article 21: Protects life and personal liberty, permitting deprivation only by a just, fair and reasonable procedure established by law.
    4. Article 20(3): Protects against self incrimination, relevant to the presence of counsel during interrogation.

    What did the Supreme Court hold?

    1. No absolute outer limit: A magistrate cannot place an absolute and non extendable outer limit on custody, since such a limit forecloses recourse to Section 187(2) of the BNSS.
    2. Purpose of the change: The enlarged window is intended to meet situations where fresh facts, discoveries or leads emerge during the course of investigation.
    3. Additional custody granted: The Court permitted 7 days of additional police custody so that the total police remand would not exceed 15 days.
    4. Facts of the case: In a custodial death case the victim’s body remained untraced, the original CCTV hard disks were yet to be discovered, and recoveries under the Bharatiya Sakshya Adhiniyam were imminent.

    How does the new remand window differ from the old code?

    1. Old Section 167 CrPC: Detention in police custody could not be granted beyond the initial 15 days in the whole under Section 167 of the Code of Criminal Procedure, 1973.
    2. Alteration within the window: Even under the old code, during the first 15 days a magistrate could alter custody from judicial to police and back.
    3. New flexibility: Under the BNSS police custody may be sought in parts across the first 40 or 60 days, keeping the aggregate at 15 days.

    What did the Court hold on the presence of an advocate?

    1. Not continuous: Section 38 does not contemplate the continuous, ongoing physical presence of an advocate for the entirety of each interrogation session.
    2. Line of sight: The advocate may remain present within the site of interrogation from where he can see the accused, but not throughout the questioning.
    3. Recording over escort videography: Instead of uninterrupted videography of the accused in transit, audio visual recording of the interrogation and of any recovery meets the requirement.

    What are the major debates surrounding the enlarged custody window?

    1. Liberty versus investigation: Spreading police custody across 40 or 60 days risks repeated custodial spells, weighed against the need to pursue late emerging leads.
    2. Magistrate’s discretion: The ruling limits a magistrate’s power to foreclose future custody, raising the question of how liberty is protected during the extended window.
    3. Counsel access: The line of sight standard for the advocate leaves open how effectively the right against coercion is protected during interrogation.

    Way Forward:

    1. Reasoned remand orders: Require magistrates to record specific reasons linking each spell of police custody to investigative need.
    2. Guard against repeat custody: Frame guidelines to prevent the enlarged window becoming a route to successive custodial spells.
    3. Effective counsel access: Clarify practical standards for an advocate’s presence to protect against coercion.
    4. Mandatory recording compliance: Ensure audio visual recording of interrogation and recovery is uniformly implemented and preserved.
    5. Judicial training: Orient magistrates on the new remand architecture to balance liberty with investigation.

    Conclusion:

    The Court has clarified that police custody under the BNSS is capped at 15 days in aggregate but may be sought in parts through the first 40 or 60 days of investigation, not the first 15 days alone. The ruling reflects the legislative intent to accommodate fresh discoveries during a probe. The interpretation now governs how magistrates authorise and structure police remand under the new code.

    Back2Basics:

    BNSS, BNS and BSA

    1. Bharatiya Nyaya Sanhita, 2023: Replaced the Indian Penal Code, 1860 as the substantive criminal law.
    2. Bharatiya Nagarik Suraksha Sanhita, 2023: Replaced the Code of Criminal Procedure, 1973 governing procedure, arrest, investigation and trial.
    3. Bharatiya Sakshya Adhiniyam, 2023: Replaced the Indian Evidence Act, 1872 governing admissibility of evidence.
    4. Effective date: The three codes came into force on 1 July 2024.
    5. Zero FIR and e-FIR: The BNSS recognises registration of a First Information Report irrespective of jurisdiction and enables electronic reporting.

    PYQ Relevance

    [UPSC 2026] Which of the following statements about a Zero First Information Report (Zero FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is/are correct?

    1. A Zero FIR can be lodged at a police station, even though the place of commission of a cognizable/non-cognizable offence is outside the territorial jurisdiction of that police station. 2. The Officer-in-Charge of the police station where a Zero FIR has been lodged may, with the permission of the competent authority, initiate a preliminary enquiry. 3. Under Zero FIR, it is obligatory for the informant to furnish information electronically.

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

    Answer: D

  • Foreign Contribution (Regulation) Amendment Bill, 2026 referred to 31-member JPC

    Why in the news?

    The Lok Sabha adopted a motion referring the Foreign Contribution (Regulation) Amendment Bill, 2026, to a Joint Parliamentary Committee (JPC) after sustained Opposition protest and coordinated appeals from Christian organisations. The referral has exposed a tension between the state’s claim to regulate foreign funded civil society and the property and hearing rights of the organisations that funding built. Minority run schools, colleges and hospitals sustained by money from abroad stand most exposed to the Bill’s asset takeover provisions.

    What is the Foreign Contribution (Regulation) Act, 2010?

    1. Governing statute: The Foreign Contribution (Regulation) Act, 2010 regulates the acceptance and use of foreign contributions and foreign hospitality by individuals and associations. It replaced the earlier Foreign Contribution (Regulation) Act, 1976.
    2. Registration mechanism: An organisation receiving foreign funds must register with the Ministry of Home Affairs and renew that registration every five years. Funds may be used only for the declared cultural, economic, educational, religious or social programme.

    What is a Joint Parliamentary Committee (JPC)?

    1. Ad hoc committee: A JPC is a temporary committee of members drawn from both Houses to examine a specific bill or matter in detail and report back. This one has 21 Lok Sabha members nominated by the Speaker and 10 Rajya Sabha members nominated by the Chairman, a total of 31 members.
    2. Reporting deadline: The committee must submit its report to the Lok Sabha by the last day of the first week of the coming Winter Session.

    What is the current status of the right to receive foreign contributions in India?

    1. Not a fundamental right: The Central government contends that the right to receive foreign contributions is not a fundamental right, and that access to foreign funds is a privilege the state may condition or withdraw.
    2. Renewal regime: About every registered body operates on a five year certificate, renewable on application, with the Ministry of Home Affairs holding discretion to refuse renewal on security grounds.
    3. Prior tightening: The 2020 amendments barred a registered body from transferring foreign funds to any other body, even one registered under the same Act, and cut the share of foreign funds usable for administrative expenses from one half to one fifth.
    4. Judicial check: The Kerala High Court on Tuesday set aside the Centre’s refusal to renew certificates of two NGOs, Save A Family Plan and Kerala Social Service Forum, holding that reasons must be specified in every order and that peaceful protest funding is not a national security threat.

    Constitutional provisions related to foreign funding regulation:

    1. Article 19(1)(c): Guarantees the right to form associations, which the regulation of their funding directly affects.
    2. Article 19(1)(a): Protects freedom of speech and expression, engaged where funding refusal follows an organisation’s support for protest.
    3. Article 14: Requires that any classification and any exercise of discretion in refusing renewal be non arbitrary and reasoned.
    4. Article 300A: Provides that no person shall be deprived of property save by authority of law, engaged by the automatic vesting of NGO assets in a designated authority.
    5. Entry 10, Union List: Places foreign affairs and matters bringing the Union into relation with foreign countries within Parliament’s exclusive competence, the basis for central regulation of foreign funds.

    What does the 2026 Bill change?

    1. Designated authority: The Bill creates a government designated authority to take over, manage or dispose of assets built from foreign funds when an organisation’s FCRA registration is suspended, cancelled or not renewed.
    2. Trigger on lapse: Registration can be lost not only by cancellation, but when renewal is refused, not applied for, or not granted before the old certificate expires.
    3. Automatic vesting: On that event the organisation’s foreign funds and everything built with them pass to the authority automatically, returning only if the body re registers within a period the government has yet to specify.
    4. Full takeover of part funded property: A building put up only partly with foreign money is taken over in full, and the organisation must separately apply to recover the share not paid for with foreign money.
    5. Limited appeal: An appeal to a district judge lies only against what the authority later does with the property, not against the refusal to renew, and the organisation has no right to be heard before that refusal.

    Why are minority religious institutions most alarmed?

    1. Scale of dependence: Christian organisations run thousands of schools, colleges and hospitals built and sustained with money from churches and congregations abroad, which the takeover provisions place at risk.
    2. Retrospective reach: A hospital built decades ago can be taken over today merely because a certificate has been allowed to lapse, contradicting the Home Minister’s assurance that the Bill will not apply retrospectively.
    3. Geographic spread of protest: Hundreds marched in Aizawl under a newly formed council of churches, organisations in Kerala objected, the Nagaland Chief Minister sought a parliamentary review, and the Tamil Nadu Assembly unanimously resolved for withdrawal.
    4. External pressure: A United States Congressman described the Bill as an attack on Christians and warned it could strain India United States relations, one trigger for the government’s rethink.
    5. Institutional welcome for referral: The Catholic Bishops’ Conference of India and the National Council of Churches in India welcomed the referral while asking that major and minor offences be distinguished before assets are taken.

    What are the major debates surrounding foreign funding regulation?

    1. Regulation versus autonomy: Church bodies concede that regulation of foreign funds is necessary and that action must follow against anti national activity, while resisting a design that punishes lapse of a certificate as harshly as proven wrongdoing.
    2. Discretion without reasons: Because the authority acts on the Centre’s instructions, the Centre can use opaque reasons to withdraw a licence, take over property, and then direct the body now holding it.
    3. Hearing and appeal gap: The absence of a pre decisional hearing and of any appeal against refusal to renew is the core fairness objection the JPC is asked to cure.
    4. Property proportionality: Full takeover of a building only partly financed by foreign money raises a proportionality question under the protection of property.

    Challenges to fair FCRA regulation:

    1. Reasoned order deficit: Refusals often rest on undisclosed intelligence inputs, leaving organisations unable to contest the specific ground, as the Kerala High Court flagged.
    2. Chilling effect on civil society: Uncertainty over renewal deters legitimate service delivery in health and education that depends on predictable foreign inflows.
    3. Asset valuation disputes: Separating the foreign funded share of a mixed asset invites prolonged litigation over apportionment and valuation.
    4. Federal friction: State Assemblies have resolved against the Bill, exposing a centre state fault line over regulation of institutions operating within States.
    5. Compliance burden on small NGOs: Frequent re registration and strict expense caps fall hardest on small organisations lacking dedicated legal and accounting capacity.
    6. Selective enforcement risk: Broad discretion creates room for targeting organisations by community or by their political positions rather than by conduct.

    Conclusion: The Bill’s central defect is that it lets the Centre seize the assets of a civil society body on the mere lapse of a certificate, without a hearing before refusal and without an appeal against it. The referral to a 31 member JPC defers passage rather than resolving the dispute. The committee must redraft the Bill to give organisations a hearing before renewal is refused and a right to appeal that refusal, with the report due by the first week of the Winter Session.

    Statutory Framework Governing Foreign Funding of NGOs:

    1. Foreign Contribution (Regulation) Act, 2010: The principal Act requiring registration and prior permission for receipt of foreign contributions.
    2. Foreign Contribution (Regulation) Amendment Act, 2020: Barred sub granting of foreign funds, cut the administrative expense cap to one fifth, and mandated a designated FCRA account at a specified State Bank of India branch.
    3. Foreign Contribution (Regulation) Rules, 2011: Prescribe the procedure for registration, renewal, reporting and use of foreign contributions.
    4. Foreign Contribution (Regulation) Amendment Bill, 2026: The pending Bill introducing the designated authority and automatic vesting of assets, now before the JPC.

    Back2Basics: FCRA registration

    1. Administering ministry: Ministry of Home Affairs, Foreigners Division.
    2. Eligibility: Associations with a definite cultural, economic, educational, religious or social programme, normally in existence for at least three years.
    3. Prohibited recipients: Election candidates, judges, government servants, members of legislatures, political parties and media organisations are barred from accepting foreign contributions.
    4. Validity and renewal: Registration is valid for five years and must be renewed through a fresh application before expiry.

    Way Forward:

    1. Pre decisional hearing: Mandate notice and an opportunity to be heard before any refusal to renew or cancellation.
    2. Appeal against refusal: Provide a statutory appeal against the refusal itself, not only against later dealing with the property.
    3. Proportionate asset treatment: Restrict any takeover to the demonstrably foreign funded share of an asset, with independent valuation.
    4. Reasoned orders: Require every refusal to state specific, disclosable reasons, subject to security redaction reviewed by the appellate authority.
    5. Distinguish offences: Separate technical lapses, such as delayed renewal, from substantive violations before invoking asset consequences.

    “[2015 GS2 12.5m] Examine critically the recent changes in the rules governing foreign funding of NGOs under the Foreign Contribution (Regulation) Act (FCRA), 1976.”

  • Parliament passes Tribunals Reforms Bill; National Tribunals Commission set up

    Why in the News?

    Parliament passed the Tribunals Reforms Bill, 2026, which establishes a National Tribunals Commission to oversee the selection and administration of tribunals. The Bill responds to a Supreme Court direction, yet it retains executive control over the commission’s appointments and finances. This exposes the tension between insulating tribunals from the ministries they review and preserving the government’s grip over the same bodies.

    What is the National Tribunals Commission (NTC)?

    1. Definition: The National Tribunals Commission (NTC) is a proposed statutory body to oversee the appointment, service conditions, and administration of tribunals under a common framework covering 16 tribunals.
    2. Composition: It is to be headed by a former Supreme Court judge or a former chief justice of a High Court, supported by two judicial members and two technical members.
    3. Selection method: Appointments to member tribunals are to be made through a search cum selection system run by the commission, supported by a dedicated NTC Secretariat.
    4. Origin: The Supreme Court first recommended an independent statutory commission of this kind in the Rojer Mathew judgment of 2019.

    Why were tribunals created in the first place?

    1. Speed and specialisation: Tribunals allow specialists to settle technical disputes faster than regular courts, in areas such as taxation, company law, securities, and the environment.
    2. Complementary role: They do not replace constitutional courts but supplement the judicial system with specialised adjudication.
    3. Economic stake: Timely resolution frees locked capital and restores investor confidence, linking ease of justice to ease of doing business.
    4. Constitutional basis: Articles 323A and 323B provide for administrative tribunals on service matters and tribunals on specified subjects respectively.

    How has tribunal jurisprudence developed?

    1. S.P. Sampath Kumar, 1987: Upheld tribunals but held that their decisions remain subject to review by constitutional courts.
    2. L. Chandra Kumar, 1997: Held that judicial review by High Courts under Article 226 is part of the basic structure and cannot be ousted by tribunals.
    3. Rojer Mathew, 2019: Recommended an independent statutory National Tribunals Commission and held that defining who is qualified to exercise judicial power is an essential legislative function that cannot be left to executive rulemaking.
    4. Madras Bar Association, 2025: Struck down provisions Parliament had reenacted, restored the earlier framework, and gave the government four months to establish the commission.
    5. Structural flaw addressed: Tribunals had historically been administered by the same ministries whose decisions they were meant to review.

    What are the other major changes the Bill introduces?

    1. Five year terms: Restores five year terms for tribunal members in place of shorter tenures the courts had rejected.
    2. Uniform service conditions: Introduces uniform service conditions across tribunals to end variation between ministries.
    3. National Tribunals Data Grid: Provides for a data grid to track pendency and disposal across tribunals.
    4. Pending appointments protected: Does not disturb appointments already in the pipeline.
    5. Rationalisation retained: Follows the earlier reduction of tribunals from 26 to 19 and then to 16.

    Where does the genuine tension in the Bill lie?

    1. Autonomy versus executive control: The commission is meant to insulate tribunals from executive control, yet the Centre still appoints its members and retains substantial influence over its finances and administration.
    2. Delegation to executive rules under Section 14: Qualifications, manner of selection, salaries, and service conditions of members are left to future executive rules, the very delegation the Rojer Mathew reasoning had resisted.
    3. Ministerial screening under Section 16: A ministry first screens a complaint against a member before it passes to the commission for inquiry.
    4. Consultation, not concurrence: The Centre consults the Chief Justice of India only for the chairperson and judicial members, retaining the decisive voice.
    5. Representation gap: Members flagged that very few tribunal members come from Scheduled Caste and Scheduled Tribe communities, with only one tribal judge recorded so far.

    What are the challenges to the tribunal system?

    1. Executive dependence: Funding, staffing, and infrastructure of many tribunals still flow from the parent ministry whose orders they review.
    2. Vacancies and pendency: Delayed appointments leave benches vacant and cases pending, defeating the promise of speedy justice.
    3. Inconsistent service conditions: Divergent tenures and salaries across tribunals weaken independence and deter qualified members.
    4. Access barriers: Concentration of benches in a few cities makes tribunals hard to reach for litigants from distant areas.
    5. Weak enforcement: Tribunal orders are sometimes not implemented, as seen in inter State water sharing disputes.

    Conclusion

    The Tribunals Reforms Bill, 2026, creates the long directed National Tribunals Commission and restores protections the Supreme Court had earlier upheld. The central weakness is that a body designed to insulate tribunals from executive control remains subject to executive appointment, removal, and finance. Genuine autonomy will require the government to surrender its power to appoint or remove members at will, a change the current text does not make.

    Back2Basics

    What is Judicial Review?

    1. About: Judicial review is the power of constitutional courts to examine the validity of legislative and executive action against the Constitution.
    2. Rationale: It protects fundamental rights and the separation of powers by preventing any organ from exceeding constitutional limits.
    3. Basic structure: In L. Chandra Kumar, the Supreme Court held that judicial review by the High Courts and the Supreme Court is part of the basic structure and cannot be excluded, including over tribunal decisions.

    Constitutional Framework Governing Tribunals

    1. Article 323A: Empowers Parliament to establish administrative tribunals for disputes over recruitment and service conditions of public servants.
    2. Article 323B: Empowers appropriate legislatures to set up tribunals for specified matters such as taxation, industrial and labour disputes, and elections.
    3. Article 226: Preserves the High Courts’ writ jurisdiction, which tribunals cannot oust.
    4. Article 227: Preserves the High Courts’ power of superintendence over tribunals within their territory.
    5. Article 136: Preserves the Supreme Court’s discretionary appellate jurisdiction over tribunal decisions.

    Way Forward

    1. Full commission autonomy: Vest appointment, removal, and finance of the commission in an independent process free of executive dominance.
    2. Statutory qualifications: Fix member qualifications and service conditions in the parent statute rather than delegated rules.
    3. Timely appointments: Ensure a search cum selection cycle that fills vacancies before benches fall idle.
    4. Inclusive representation: Widen the pool so that Scheduled Caste, Scheduled Tribe, and other under represented groups are considered for tribunal membership.
    5. Enforcement mechanism: Provide a clear route to enforce tribunal orders, including in inter State disputes.

    PYQ Relevance

    [UPSC 2025] Comment on the need for administrative tribunals as compared to the court system. Assess the impact of the recent tribal reforms through rationalisation of tribunals made in 2021.

    Linkage: The PYQ directly relates to the need, role and rationalisation of tribunals as an alternative to regular courts. The NTC debate highlights concerns of tribunal independence, executive control, vacancies and effective administration of justice.

  • Amid backlash, govt to refer FCRA Bill to JPC

    Why in the News

    The government agreed to move a resolution referring the Foreign Contribution (Regulation) Amendment Bill, 2026, to a Joint Parliamentary Committee after protests from the Opposition, State Assemblies, and Christian institutions. The referral exposes the core tension in the Bill: the State’s power to take over foreign funded assets when a registration lapses, set against the property and autonomy of charitable, educational, and religious institutions built partly on foreign donations.

    What is the Foreign Contribution (Regulation) Act, 2010 (FCRA)?

    1. Core function: The Foreign Contribution (Regulation) Act, 2010 (FCRA) regulates the acceptance and use of foreign contributions and foreign hospitality by individuals, associations, and companies to ensure such funds do not harm national interest.
    2. Registration regime: Any association receiving foreign funds must register with the Union Home Ministry or take prior permission, with registration renewable every five years.
    3. Restricted recipients: Election candidates, judges, government servants, legislators, and political parties are barred from receiving foreign contributions.
    4. Administering authority: The Act is administered by the Ministry of Home Affairs, not the Finance Ministry, which distinguishes it from foreign investment law.

    What is a Joint Parliamentary Committee (JPC)?

    1. Definition: A Joint Parliamentary Committee (JPC) is an ad hoc committee constituted to examine a specific Bill or matter in detail, with members drawn from both the Lok Sabha and the Rajya Sabha.
    2. Distinction from a Select Committee: A Select Committee is constituted by a single House and consists only of members of that House, while a JPC draws members from both Houses through motions adopted separately by each.
    3. Powers: A JPC can examine a Bill clause by clause, hear the government and stakeholders, seek evidence, and suggest amendments, though its recommendations are not binding.
    4. Precedent: Bills earlier sent to a JPC include the Waqf (Amendment) Bill, the Personal Data Protection Bill, and the One Nation One Election Bill.

    What are the major changes the Bill proposes on asset vesting?

    1. New Chapter IIIA: The Bill inserts a new chapter providing for the vesting of foreign contributions and assets created from them in a government Designated Authority in certain circumstances.
    2. Cessation of certificate under Section 14B: A certificate is deemed to have ceased if an organisation does not apply for renewal, its renewal is refused, or it is not renewed before expiry.
    3. Provisional vesting under Section 16A: On cessation, the organisation’s foreign contribution and assets created from it provisionally vest in the Designated Authority, which may take possession and manage the activities in public interest.
    4. Permanent vesting and disposal: If a fresh or restored certificate is not obtained within the prescribed period, assets permanently vest in the authority and may be transferred to a government body or sold, with proceeds credited to the Consolidated Fund of India.
    5. Whole asset coverage: An asset created partly from foreign contribution and partly from other sources vests in its entirety, with the organisation left to apply for return of a distinct or ascertainable domestic portion.

    Why do Church and civil society groups oppose the Bill?

    1. Penalising past investments: Church bodies and non governmental organisations fear that the vesting rules, read with the cessation concept, could reach assets of organisations whose registrations lapsed in the past.
    2. Retrospective reach under Section 16B: The contested Section 16B provided that assets already vested under the existing Section 15 would be deemed provisionally vested under the new regime from the date the amendment takes effect.
    3. Minority institutions at risk: The Tamil Nadu Assembly resolution warned the provisions could affect the autonomy and functioning of educational and social welfare institutions run by minority communities.
    4. Absence of judicial oversight: The Council of Churches in Mizoram objected that a designated authority would gain sweeping powers over land, buildings, and funds without judicial oversight.
    5. Federal concern: The Tamil Nadu resolution urged that any amendment preserve natural justice, proportionality, property rights, legitimate expectation, and federalism.

    Where does the genuine tension in the Bill lie?

    1. Regulating funds versus regulating recipients: Opposition members argue the Bill does not regulate the use of foreign contributions but instead regulates the organisations receiving them, shifting the target from misuse to the institution itself.
    2. Public interest versus property rights: The State frames vesting as plugging gaps in managing foreign funded assets when registration is cancelled, while institutions frame it as expropriation of property built over decades.
    3. Place of worship safeguard: For a place of worship, the authority must preserve its religious character while entrusting management to an eligible person, a safeguard critics see as insufficient against loss of control.
    4. A law outliving the government: Critics note that a law passed by Parliament will outlive the government of the day and carry far reaching consequences regardless of present assurances.

    What are the challenges to the FCRA framework

    1. Compliance burden: Frequent renewal cycles, bank account restrictions, and reporting requirements impose heavy administrative costs on small organisations.
    2. Chilling effect on civil society: Cancellation and suspension of registrations have reduced the funding available to advocacy and research bodies.
    3. Definitional vagueness: Terms such as activities prejudicial to national interest lack precise statutory definition, widening administrative discretion.
    4. Concentration of executive power: The Home Ministry combines the power to register, inspect, suspend, and cancel, with limited independent review.
    5. Federal friction: State governments and minority institutions argue they are not consulted before changes that affect welfare institutions within their jurisdiction.

    Conclusion

    The government has signalled willingness to refer the Foreign Contribution (Regulation) Amendment Bill, 2026, to a Joint Parliamentary Committee, while the Opposition continues to demand full withdrawal. The referral defers rather than resolves the central dispute over retrospective vesting and the fate of assets built from mixed foreign and domestic funds. The monsoon session is due to end on 13 August, and the JPC examination will determine whether the vesting provisions survive in their present form.

    Back2Basics:

    Statutory Framework Governing Foreign Funding of Associations

    1. FCRA, 2010: Primary statute governing acceptance and utilisation of foreign contribution by associations and individuals.
    2. Foreign Contribution (Regulation) Rules, 2011: Subordinate rules prescribing registration, renewal, reporting, and account maintenance procedures.
    3. FCRA (Amendment) Act, 2020: Barred transfer of foreign funds between registered entities, capped administrative expenses at 20 percent, and mandated a designated FCRA account at the State Bank of India main branch in New Delhi.
    4. Article 19(1)(c): Guarantees the right to form associations, the freedom that receipt of foreign funds engages.
    5. Section 25 of the Foreign Exchange Management Act, 1999: Distinguishes foreign investment routes from foreign contribution, which FCRA governs separately.

    FCRA Regulatory Framework

    1. Governing Act: Foreign Contribution (Regulation) Act, 2010, which replaced the earlier FCRA, 1976.
    2. Administering ministry: Ministry of Home Affairs, Foreigners Division.
    3. Jurisdiction: Covers all persons and associations in India receiving foreign contribution, including for definite cultural, economic, educational, religious, or social programmes.
    4. Registration validity: Five years, renewable, with prior permission route for one time or project specific receipts.
    5. Designated account: Foreign contribution must first be received in a single designated FCRA account at the State Bank of India, New Delhi main branch.

    Way Forward

    1. Statutory consultation: Undertake comprehensive consultation with State governments, minority institutions, and non governmental organisations before finalising vesting provisions.
    2. Judicial oversight: Provide for independent or judicial review before an asset permanently vests in the authority.
    3. Protect mixed assets: Frame a clear mechanism to segregate and return the domestically funded portion of institutions built from combined donations.
    4. Narrow retrospective reach: Confine the new regime to prospective lapses rather than registrations that ended before the amendment.
    5. Proportionate enforcement: Distinguish genuine diversion of funds from procedural lapses in renewal so that welfare institutions are not penalised for administrative delays.

    PYQ Relevance

    [UPSC 2015] Examine critically the recent changes in the rules governing foreign funding of NGOs under the Foreign Contribution (Regulation) Act (FCRA), 1976.

    Linkage: The PYQ directly relates to regulation of foreign funding and the functioning of NGOs under FCRA. The proposed Bill extends this debate to executive powers, asset vesting, civil society autonomy and property rights.

  • Find solutions to speed up work on Eklavya schools: House panel to Centre

    Why in the News

    The Parliamentary Standing Committee on Social Justice and Empowerment flagged delays in constructing and operationalising Eklavya Model Residential Schools (EMRS). Only 428 of 728 sanctioned schools have been completed, while 118 continue from government or rented buildings.

    What is EMRS?

    • EMRS: Eklavya Model Residential Schools.
    • Provides free residential education from Classes 6 to 12 to Scheduled Tribe (ST) students in tribal-majority and remote areas.
    • Nodal Ministry: Ministry of Tribal Affairs.
    • Managing body: National Education Society for Tribal Students (NESTS).
    • Aim: Improve educational access while preserving tribal cultural identity.

    What did the Panel Find?

    • 428/728 schools completed.
    • 249 under construction.
    • 51 at pre-construction stage.
    • 118 schools operate from temporary government/rented buildings.
    • Delays have caused construction cost escalation.
    • Panel suggested an independent monitoring agency and an alternative implementation mechanism.

    Scholarship Concerns

    • Scholarship funds are often released in the next academic year due to delays in State/Union Territory verification.
    • The Committee criticised the repeated explanation that States need more time for verification.
    • It also recommended reviewing the ₹8 lakh annual income ceiling for the free coaching scheme for Scheduled Castes (SCs) and Other Backward Classes (OBCs).
    • Government accepted 14 of 25 recommendations; the panel rejected responses on four issues.

    Why is Implementation Weak?

    1. Federal dependence: Central schemes depend on States for construction and verification.
    2. Weak monitoring: Delays accumulate without independent oversight.
    3. Cost escalation: Delays increase construction costs and budget requirements.
    4. Portal mismatch: Scholarship portals and State verification timelines do not align well.

    Constitutional Framework

    • Article 15(4): Enables special provisions for advancement of socially and educationally backward classes and STs.
    • Article 46: Directs the State to promote educational and economic interests of STs.
    • Article 275(1): Provides Central grants for tribal welfare and Scheduled Areas.
    • Article 342: Specifies Scheduled Tribes.
    • Fifth & Sixth Schedules: Provide special arrangements for administration of Scheduled and tribal areas.

    Back2Basics: EMRS

    • Full form: Eklavya Model Residential Schools.
    • Nodal Ministry: Ministry of Tribal Affairs.
    • Implementing body: NESTS, National Education Society for Tribal Students.
    • Classes: 6 to 12.
    • Target: ST students in tribal-majority and remote areas.
    • Purpose: Quality residential education with cultural preservation.

    Key Government Initiatives

    • Pre-Matric & Post-Matric Scholarships: Financial support for ST students.
    • National Fellowship and Scholarship for Higher Education of ST Students: Supports higher education.
    • PM-JANMAN: Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan, focused on Particularly Vulnerable Tribal Groups (PVTGs).
    • Dharti Aaba Janjatiya Gram Utkarsh Abhiyan: Development of tribal villages.
    • Vanbandhu Kalyan Yojana: Umbrella framework for tribal development.

  • Amendments to FCRA to bring more transparency

    Why in the News

    India’s ambassador to the United States publicly defended the amendments to the Foreign Contribution (Regulation) Act after a US Congressman claimed the changes would let the Indian government take control of churches and charities. The envoy argued the amendments bring more transparency and follow national security practice adopted by other democracies.

    What is the Foreign Contribution (Regulation) Act?

    1. Definition: The Foreign Contribution (Regulation) Act (FCRA) is the law that governs the acceptance and use of foreign donations by non-governmental organisations (NGOs), civil society bodies, educational institutions, and religious organisations. It requires such bodies to register and channel foreign funds through a laid-down process.
    2. Objective: The stated purpose is to ensure foreign contributions do not compromise national interest or the integrity of public and political life.

    What do the 2026 amendments change?

    1. Vesting of assets already in law: When a registration is cancelled or surrendered, foreign contributions and the assets created from them already vest in a State Government authority under a provision in force since 2010.
    2. A designated safeguard authority: The 2026 Bill adds a designated authority to safeguard those assets rather than leaving them unprotected.
    3. A way back: If the organisation restores its registration, all assets and unused funds are returned in full.
    4. Protection for places of worship: Where a cancelled association created property connected to a place of worship, that property passes to another FCRA-registered association of the same faith to ensure continuity of worship.
    5. Faith-neutral application: The Act applies to all organisations regardless of religion, community, or ideology, and faith-based welfare, religious education, and maintenance of places of worship remain eligible for foreign funding.

    Why does the government say FCRA regulation is justified?

    1. Sovereign step: Regulating foreign financial flows in public and political spaces is presented as a sovereign act driven by national security concerns.
    2. Internal matter: Legislative decisions concerning India are treated as internal affairs decided by Parliament.
    3. Accepted global feature: The government frames such regulation as a standard feature of modern governance in many democracies.

    How do other countries regulate foreign funding?

    1. United States: The Foreign Agents Registration Act (FARA) has operated since 1938, requiring agents of foreign principals to register and disclose their activities.
    2. United States: The Foreign Account Tax Compliance Act (FATCA) has operated since 2010, mandating reporting of foreign-held financial accounts.
    3. Australia: Legislated foreign-influence transparency rules in 2018.
    4. Canada: Enacted its foreign-funding framework in 2024.
    5. United Kingdom: Its foreign-influence registration scheme came into force in July 2025.
    6. European Union: Is currently legislating a comparable framework.

    What is the scale of FCRA-regulated funding?

    1. NGO base: India has over three million NGOs, of which only 14,450 hold FCRA registration.
    2. Legislative timeline: India first enacted FCRA in 1976, followed by a new Act in 2010, with further amendments in 2016, 2018, and 2020.
    3. Use of funds: Registered associations routinely receive foreign funds for health, education, disaster relief, research, and humanitarian work.

    Conclusion

    The government’s position is that the 2026 FCRA Bill adds safeguards for the assets of cancelled associations, a route to restore them, and specific protection for places of worship, framed as a transparency and national-security measure rather than a takeover of religious bodies. The next step is passage of the 2026 Bill and the accompanying Rules, which the government describes as the continuation of a phased strengthening of the law since 1976.

    Regulation of Foreign Funding of NGOs in India (Foundational Context)

    1. About: Foreign funding of civil society is regulated so that donations from abroad do not influence India’s internal politics or security.
    2. Administering authority: FCRA is administered by the Ministry of Home Affairs, which grants, renews, and cancels registrations.
    3. Design feature: Registered bodies must receive all foreign contributions in a single designated bank account for monitoring.

    Laws and Rules Governing Foreign Contributions

    1. Foreign Contribution (Regulation) Act, 1976: The original law regulating the acceptance of foreign donations by associations.
    2. Foreign Contribution (Regulation) Act, 2010: Replaced the 1976 Act, tightened registration, and required renewal every five years; introduced vesting of assets of cancelled associations in a State authority.
    3. 2020 Amendment: Barred sub-granting of foreign funds, capped administrative expenses at 20 percent, and mandated an SBI New Delhi FCRA account.
    4. 2026 Bill and Rules: Add a designated authority to safeguard assets of cancelled registrations and protect property linked to places of worship.

    Back2Basics: FCRA regulatory framework

    1. Governing Act: Foreign Contribution (Regulation) Act, 2010, as amended.
    2. Administering ministry: Ministry of Home Affairs.
    3. Jurisdiction: Applies to associations, individuals, and companies receiving foreign contributions, excluding certain government bodies.
    4. Key requirement: Mandatory registration or prior permission, five-yearly renewal, and receipt of funds in a designated account.

    Challenges to the FCRA Regime

    1. Compliance burden: Frequent amendments and strict banking rules raise the administrative cost for small NGOs.
    2. Registration cancellations: Large-scale cancellations have disrupted health, education, and relief work dependent on foreign grants.
    3. Chilling effect: Uncertainty over renewals discourages legitimate civil society activity.
    4. Ambiguity in definitions: Broad terms such as activities against national interest allow wide discretion.
    5. International friction: Foreign governments and donors periodically object, creating diplomatic exposure.

    Way Forward

    1. Predictable timelines: Fix clear, time-bound decisions on registration, renewal, and restoration to reduce uncertainty.
    2. Proportionate compliance: Scale reporting requirements to the size of the organisation.
    3. Transparent grounds: Publish specific reasons for cancellation to allow effective appeal.
    4. Stakeholder consultation: Consult civil society and faith-based bodies before framing subordinate Rules.

    [2025, GS2, 10 marks] Civil Society Organizations are often perceived as being anti-State actors rather than non-State actors. Do you agree? Justify.”

  • Ten years later, looking back and ahead at GeM

    Why in the News

    The Government e-Marketplace (GeM) completed 10 years, connecting around 1.37 lakh government buyers with 25 lakh sellers/service providers and achieving nearly ₹20 lakh crore cumulative Gross Merchandise Value (GMV).

    What is GeM?

    • GeM: Government e-Marketplace.
    • Launched on 9 August 2016.
    • A digital platform for government procurement of goods and services.
    • Replaced the Directorate General of Supplies and Disposals (DGS&D).
    • Integrates product discovery, bidding, contract award and payment.

    How does GeM Improve Procurement?

    1. End-to-end digitisation: Covers the complete procurement cycle.
    2. Transparency: Creates an auditable digital trail.
    3. Reduced discretion: Limits face-to-face interaction and scope for favouritism.
    4. Single window: Simplifies registration and standardises procurement.
    5. Inclusion: Gives Micro and Small Enterprises (MSEs), start-ups and women-led firms direct access to government buyers.

    What Does the Data Show?

    • Cumulative GMV: About ₹20 lakh crore.
    • Buyers: 1.37 lakh.
    • Sellers/service providers: 25 lakh.
    • Categories: 10,644 product and 350 service categories.
    • MSEs: Around 60% of orders by volume and over 45% of GMV.
    • Measured benefit: IIT Delhi study estimated ₹86,571.69 crore in benefits over the last three financial years through price and process efficiencies.

    What Problems Does GeM Address?

    • Reduces corruption and procurement discretion.
    • Improves Ease of Doing Business (EoDB) for suppliers.
    • Expands opportunities for MSMEs and start-ups.
    • Enables faster procurement.
    • Promotes competitive prices and better use of public funds.
    • Supports domestic manufacturing and Atmanirbhar Bharat.

    What is Public Procurement?

    • Public procurement is the process through which government bodies purchase goods, works and services using public funds.
    • Core principles: Transparency, Fair competition, Non-discrimination, Value for money, and Accountability

    Challenges

    1. Quality assurance: Risk of substandard products in a large digital catalogue.
    2. MSME payment delays: Delayed payments affect working capital.
    3. Bid rigging: Cartelisation can undermine competition.
    4. Digital divide: Smaller sellers may lack connectivity or digital skills.
    5. Grievance redress: Delays in resolving quality, delivery and payment disputes.
    6. Cybersecurity: Concentration of procurement data increases cyber risks.

    Back2Basics: GeM

    • Full form: Government e-Marketplace.
    • Launch: 9 August 2016.
    • Nodal Ministry: Ministry of Commerce and Industry.
    • Predecessor: DGS&D, Directorate General of Supplies and Disposals.
    • Purpose: Transparent and efficient government procurement.
    • Users: Government buyers, sellers and service providers.
    • Focus: Particularly beneficial for MSMEs, start-ups and women entrepreneurs.

    Government Initiatives

    • Public Procurement (Preference to Make in India) Order, 2017: Preference for domestically manufactured goods.
    • Public Procurement Policy for MSEs, 2012: Procurement preference for Micro and Small Enterprises.
    • Vivad se Vishwas for MSMEs: Relief mechanism for eligible MSME contractual disputes.
    • TReDS: Trade Receivables Discounting System, helping MSMEs obtain liquidity against receivables.

    [2025, GS2, 10 marks] E-governance projects have a built-in bias towards technology and back-end integration than user-centric designs. Examine.”