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Subject: Polity

  • Turn and churn: On caste count and next Census 

    Why in the News?

    The Centre’s decision to include caste data in the next national Census is a significant change for the ruling BJP, as it goes against their earlier stance on the issue.

    What prompted the government to shift its stance and include caste enumeration in the next Census?

    • Electoral Setback Due to Perception of Anti-Reservation Agenda: Calls for constitutional overhaul and earlier statements questioning caste-based reservations created fear among backward communities about erosion of their rights. Eg: The lack of a clear electoral majority in the 2024 general elections was partly attributed to concerns among OBC and Dalit communities.
    • Rising Political Demand and Ground Realities in Key States: Increasing public support for caste enumeration, especially in socially diverse states, compelled the government to reconsider its position. Eg: With state elections approaching and widespread demand for a caste census, continuing opposition risked alienating a significant voter base.
    • Pressure from Social Justice Movements and Civil Society: Growing civil society activism and calls for greater transparency in the distribution of benefits made it difficult to ignore the demand for a caste count. Eg: Public discussions on expanding reservations and ensuring proportional representation intensified the push for a data-driven approach.

    Why is there growing concern about the political implications of a caste census, especially in Bihar?

    • Impact on OBC and Dalit Mobilization: A caste census could provide more accurate data on the representation of OBCs and Dalits, leading to demands for more targeted reservations and welfare programs. Eg: In Bihar, where caste-based politics has been historically influential, a caste census could alter the political calculus by intensifying demands for more affirmative action.
    • Electoral Strategy and Vote Bank Politics: Political parties in Bihar may try to exploit caste-based data to attract specific voter segments, resulting in increased polarization. Eg: In Bihar, caste-based mobilization has historically influenced election results, and any shift in data could be used to either strengthen or disrupt existing political alliances.
    • Social Tensions and Division: The caste census may exacerbate social divisions, particularly in a state like Bihar, where caste identities play a significant role in shaping societal relations and political behavior. Eg: Tensions may rise between communities if the census results challenge current power dynamics, leading to potential unrest and further fragmentation within society.

    How have national political parties historically approached caste-based policies?

    • Ambivalence and Opposition to Caste-Based Politics: Initially, national parties were reluctant to fully embrace caste-based policies, viewing them as divisive. This led to a more generic approach focused on broader social and economic justice. Eg: The Congress party, traditionally seen as the party of social justice, was hesitant to fully adopt caste-based policies until the 1990s, when it started advocating for the inclusion of OBCs and Dalits.
    • Shift Towards Inclusivity and Affirmative Action: Over time, national parties, particularly the Congress and BJP, began adopting affirmative action policies, such as reservations, to address caste-based inequities and broaden their electoral base. Eg: In the 1990s, after the Mandal Commission report, both Congress and BJP supported the implementation of OBC reservations to gain support from OBC communities, especially in states like Uttar Pradesh and Bihar.
    • Caste-Based Mobilization for Electoral Gains: National parties have increasingly used caste-based mobilization as a tool to win elections, though they often avoid explicitly acknowledging it, relying on coalition politics instead. Eg: The BJP, after initially distancing itself from caste politics, has adapted by incorporating OBCs into its fold, as seen in its strategy in Uttar Pradesh and Bihar, leading to its dominance in the 2014 and 2019 general elections.

    When was the last comprehensive caste census conducted in India?

    • The Last Comprehensive Caste Census: The last detailed caste census in India was conducted in 1931 during British rule, which included data on various social groups, castes, and tribes.
    • Post-Independence Efforts: Since then, India has not conducted a comprehensive caste census. However, caste data has been collected through surveys like the Socio-Economic and Caste Census (SECC) in 2011, though it was not as detailed as the one in 1931.

    Way forward: 

    • Ensure Data Privacy and Equity in Implementation: A caste census should be conducted with strict guidelines to ensure data privacy and avoid misuse, ensuring that it is used only for policy planning and affirmative action rather than political exploitation.
    • Strengthen Social Welfare Mechanisms Based on Census Data: The government should leverage the caste census data to create targeted social welfare programs that address the needs of backward communities without exacerbating social divisions.

    Mains PYQ:

    [UPSC 2024] Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.

    Linkage: The core issue that a caste census, as discussed in the article, aims to potentially improve: ensuring that underprivileged sections receive the intended benefits of affirmative action and social justice policies.

  • Reviving a far-sighted but forgotten Bill mechanism

    Why in the News?

    Private Member’s Bills (PMBs) allow Members of Parliament (MPs) who are not ministers to suggest their own laws. In India, most laws are brought by the government and are prepared by different ministries.

    What are Private Member’s Bills (PMBs)?

    • PMBs are legislative proposals introduced by Members of Parliament who are not Ministers (i.e., private members). These bills reflect the individual MP’s views or address constituency needs rather than the government’s official stance.
    • In 2019, Supriya Sule (NCP) introduced the Right to Disconnect Bill in the Lok Sabha, which aimed to give employees the legal right to not engage in work-related communication after office hours. Though not passed, it sparked national debate on work-life balance and mental health.

    How do they differ from government bills in the Indian parliamentary system?

    Feature Private Member’s Bill (PMB) Government Bill
    Introduced by Any MP who is not a minister Introduced by a Minister
    Drafted by Individual MP or external inputs Concerned Ministry
    Schedule Usually taken up on Fridays Prioritized in regular business hours
    Chances of passing Very low; often symbolic High; backed by ruling party
    Party mandate MPs have greater freedom Ministers follow cabinet decisions

    Why has the significance of Private Member’s Bills declined in recent Lok Sabha sessions?

    • Frequent Disruptions and Adjournments: Parliamentary proceedings are often disrupted, especially on Fridays (earmarked for PMBs), reducing the time available for meaningful discussion. Eg: In the winter session, two Fridays were lost to disruptions.
    • Government Business Prioritised: The government frequently uses Fridays for its own legislative agenda, sidelining private members’ time. Eg: In the Budget Session, the first Friday was used for discussion on the Union Budget instead of PMBs.
    • Low Discussion Rate: Despite hundreds of PMBs being introduced, only a handful are ever discussed or debated in the House. Eg: Of the 729 PMBs introduced in the 17th Lok Sabha, only two were discussed.
    • Symbolic Rather than Substantive: PMBs are increasingly viewed as symbolic acts with little legislative impact, deterring MPs from actively pursuing them.
    • Lack of Institutional Support: No dedicated mechanism exists to screen, prioritise, or fast-track relevant PMBs, unlike government bills which have bureaucratic and legal backing. Eg: The ‘Right to Disconnect’ Bill by Supriya Sule sparked debate but saw no legislative progress due to lack of structured support.

    How can reforms strengthen the PMB process?

    • Protect Time for PMBs as Sacrosanct: Amend rules to ensure that Fridays (or designated hours) reserved for PMBs cannot be overridden, except during national emergencies. Eg: Ensuring uninterrupted PMB discussion time would prevent situations like the Budget Session, where government business took over private members’ time.
    • Introduce a Review and Prioritisation Mechanism: Create a dedicated committee to screen PMBs for quality, relevance, and constitutionality, and prioritise those with cross-party or public support. Eg: A fast-track mechanism could have helped advance Tiruchi Siva’s ‘Rights of Transgender Persons’ Bill, which ultimately influenced the 2019 law.
    • Adopt the UK’s Ten-Minute Rule Model: Allow MPs to introduce and explain PMBs in brief speeches, increasing visibility and legislative input without demanding long debate time. Eg: This could help bring forward more unconventional yet important ideas like the ‘Right to Disconnect’ Bill by Supriya Sule.

    Way forward: 

    • Institutionalise Support Mechanisms: Establish a dedicated PMB committee and research support system to assist MPs in drafting robust, impactful bills.
    • Ensure Legislative Space and Time: Legally safeguard specific hours or days for PMB discussions to encourage meaningful debate and democratic participation.

    Mains PYQ:

    [UPSC 2014] The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention?

    Linkage: This explicitly states that Private Member’s Bills are one of the few remaining avenues for individual MPs to suggest constructive policy alternatives, and that the effectiveness of such mechanisms for independent legislative action by MPs has been curtailed, partly due to the unintended effects of the Anti-Defection Law.

  • Digital Access a FR under Right to Life and Liberty: Supreme Court

    Why in the News?

    The Supreme Court has ruled that inclusive and meaningful Digital Access to e-governance and welfare systems is a part of the Fundamental Right to Life and Liberty under Article 21 of the Indian Constitution.

    Key Highlights of the Judgment:

    • Inclusive Digital Access: The Court ruled on April 30, 2025, that access to e-governance and welfare systems is a fundamental right under Article 21, requiring inclusive digital ecosystems, especially for marginalised groups.
    • Focus on KYC Processes: It issued 20 directions to make digital KYC processes more accessible for acid attack survivors and the visually impaired.
    • Digital Divide: It recognised the digital divide as a constitutional issue, emphasising the need for equal access to digital platforms for essential services and opportunities.

    About Article 21 of the Indian Constitution and its Scope:

    • Article 21 reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
    • Initially focused on protecting life from arbitrary state action, it has been expanded to include living with dignity.
    • Key Judicial Expansions:
      • Maneka Gandhi vs. Union of India (1978): Right to live with dignity, requiring a fair, just, and reasonable procedure.
      • Sunil Batra vs. Delhi Administration (1978): Right to live a healthy life and preserve cultural heritage.
      • Bandhua Mukti Morcha vs. Union of India (1984): Linking Article 21 with the Directive Principles of State Policy, ensuring abolition of forced labour.
      • Subramaniam Swamy vs. Union of India (2016): Recognized right to reputation as part of Article 21.
      • Olga Tellis vs. Bombay Municipal Corporation (1985): Recognized right to livelihood as part of Article 21.
      • Aruna Shanbaug case (2011): Recognized the right to die with dignity as part of Article 21.
      • K.S. Puttaswamy vs. Union of India (2017): Right to privacy recognized as an essential part of Article 21.

    Other Judgments Related to Digital Empowerment

    • Maneka Gandhi v. Union of India (1978): Laid the foundation for inclusive digital rights, stating that procedures restricting fundamental rights must be fair, just, and reasonable.
    • Faheema Shirin RK v. State of Kerala (2019): Recognized right to access the internet as part of Article 21 and Article 21A (Right to Education). Denying students internet access in hostels was held unconstitutional.
    • Anuradha Bhasin v. Union of India (2020): SC held that Article 19(1)(a) protects the freedom of speech and expression via the internet, and Article 19(1)(g) safeguards the right to trade online. Restrictions on these rights must meet the tests of reasonableness and proportionality.

     

    [UPSC 2024] Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

    Options: (a) Article 15 (b) Article 16 (c) Article 19 (d) Article 21*

     

  • The post of Deputy Speaker is not symbolic or optional

    Why in the News?

    The Deputy Speaker of the Lok Sabha is not just a symbolic position but an important role required by the Constitution.

    What is the role of the Deputy Speaker under Article 93?

    • Presiding Over the Lok Sabha in the Speaker’s Absence: The Deputy Speaker steps in to chair the sessions of the Lok Sabha when the Speaker is unavailable, ensuring that legislative proceedings continue smoothly. Eg: If the Speaker is unwell or on an official visit abroad, the Deputy Speaker takes over the chair to maintain the functioning of the House, as happened during various occasions when the Speaker had to travel.
    • Ensuring Impartiality in Debates and Proceedings: The Deputy Speaker, like the Speaker, must remain impartial and ensure that debates are conducted fairly, without any bias towards any party or individual. Eg: During debates on sensitive issues such as the passing of a crucial bill, the Deputy Speaker ensures that all parties have an opportunity to speak and that the debate remains orderly, as seen in past sessions when contentious issues were discussed.
    • Chairing Parliamentary Committees: The Deputy Speaker presides over important parliamentary committees, which play a crucial role in managing legislative work and business. Eg: The Deputy Speaker has chaired committees such as the Business Advisory Committee, where decisions are made regarding the scheduling of bills and other parliamentary matters, helping to streamline the legislative process.

    Why is the continued vacancy of the post a constitutional concern?

    • Violation of Constitutional Mandate (Article 93): The Constitution directs that the House shall elect a Deputy Speaker “as soon as may be”, implying urgency, not discretion. Eg: The 17th Lok Sabha (2019–2024) functioned its entire term without appointing a Deputy Speaker, disregarding this mandate.
    • Absence of Institutional Safeguard in Emergencies: The Deputy Speaker acts as a constitutional backup in case the Speaker resigns, is removed, or is incapacitated. Eg: In 1956, when Speaker G.V. Mavalankar died, Deputy Speaker M.A. Ayyangar stepped in immediately to prevent disruption.
    • Undermining Legislative Continuity and Stability: Without a Deputy Speaker, the House lacks redundancy in leadership, risking procedural breakdown during key sessions. Eg: If a crisis arises during budget discussions and the Speaker is absent, proceedings could face delays or legal challenges.
    • Erosion of Democratic Norms and Bipartisanship: Traditionally, the post is offered to the Opposition to maintain balance, promote inclusivity, and uphold impartiality. Eg: Earlier Lok Sabhas saw the Deputy Speaker from the Opposition, fostering cooperative legislative functioning.
    • Centralisation of Power and Partisan Control: Leaving the post vacant gives unchecked control to the ruling party through the Speaker alone, weakening internal checks. Eg: In the absence of a Deputy Speaker, all procedural authority remains concentrated in one office, reducing scope for dissent or moderation.

    When and how did the Deputy Speaker’s position originate? 

    • Origin in Colonial Legislative Framework: The post of Deputy Speaker evolved from the position of Deputy President in the Central Legislative Assembly during British rule. Eg: Sachidanand Sinha became the first Deputy President (equivalent to Deputy Speaker) in 1921 under colonial administration.
    • Continuity Through the Constituent Assembly (Legislative): Even before the Constitution was adopted in 1950, the Constituent Assembly retained the role of Deputy Speaker to maintain legislative function. Eg: The Assembly recognized the practical need for a second presiding officer during debates and discussions on the Constitution.
    • Institutionalisation in Post-Independence India: The office was formally incorporated under Article 93 of the Constitution, emphasising its necessity in democratic governance. Eg: M.A. Ayyangar became the first elected Deputy Speaker of the Lok Sabha in 1952 and later served as acting Speaker after G.V. Mavalankar’s death.

    How can reforms ensure timely appointment of the Deputy Speaker? (Way forward)

    • Introducing a Fixed Timeline in the Constitution: Amend Article 93 to mandate election of the Deputy Speaker within a specific period (e.g., 60 days) after the first sitting of a new Lok Sabha. Eg: Similar to the time-bound requirement for forming a government after elections, a clear deadline would prevent indefinite delays.
    • Statutory Mechanism Empowering the President: Create a law allowing the President to direct the House to elect a Deputy Speaker if the position remains vacant beyond the stipulated time. Eg: On the advice of the Prime Minister or Speaker, the President could initiate proceedings to avoid constitutional anomalies.
    • Strengthening Parliamentary Conventions: Reinforce the long-standing practice of offering the Deputy Speaker’s post to the Opposition through formal House resolutions. Eg: Restoring this tradition would ensure bipartisan respect and encourage prompt consensus in electing the Deputy Speaker.

    Mains PYQ:

    [UPSC 2020] ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India?

    Linkage: While focusing on the Speaker, the question is relevant because the Deputy Speaker’s role is intrinsically linked to the robust functioning of parliamentary business and the need for impartiality or objectivity within the presiding officers’ roles.

  • The real Indian arbitrator needs to stand up

    Why in the News?

    India’s growing economy has sparked discussions on using arbitration to handle increasing commercial disputes. The overburdened court system makes arbitration a popular choice, but questions remain about its effectiveness.

    What are the two key parameters that define the credibility and legitimacy of Indian arbitration?

    • Efficient Conduct of Arbitral Proceedings: Arbitrators must manage timelines, procedures, and hearings to avoid unnecessary delays and ensure speedy resolution. Eg: In a construction contract dispute, an arbitrator who ensures hearings happen on schedule and avoids multiple adjournments boosts arbitration credibility.
    • Quality of Arbitral Awards: Arbitral awards must be factually accurate, well-reasoned, and legally sound so they can withstand court scrutiny. Eg: In a technology dispute, an arbitrator who carefully analyses technical evidence and explains compensation calculation clearly ensures the award is respected and upheld.

    Why has the identification of elite Indian arbitrators primarily with retired judges been seen as a limitation?

    • Over-Reliance on Judicial Experience: Assumes judicial skills alone are enough for arbitration, without adapting to arbitration’s flexible needs. Eg: A retired judge may strictly follow civil procedure rules, causing unnecessary delays in arbitration.
    • Court-like Procedures in Arbitration: Arbitrations tend to mimic lengthy court processes, losing their speed and efficiency advantage. Eg: Instead of quick hearings, a retired judge-arbitrator may insist on prolonged cross-examinations like a courtroom trial.
    • Poorly Reasoned Awards: Awards by some retired judges may lack commercial understanding and detailed reasoning, leading to challenges and setting-aside in courts. Eg: In a business valuation dispute, an arbitrator may issue an award without deeply analysing financial reports, making it vulnerable to appeal.
    • Lack of Soft Skills and International Best Practices: Many retired judges are unfamiliar with global arbitration practices and soft skills like consensus-building within a tribunal. Eg: In an international arbitration panel, an Indian retired judge might struggle to navigate cultural differences or informal deliberations.
    • Limited Diversity of Expertise: Arbitration needs experts from various fields (engineering, finance, tech), not just law, to handle complex technical disputes. Eg: In a complex infrastructure project dispute, a technical expert-arbitrator could resolve issues faster than a purely legal expert.

    Who plays the most decisive role in ensuring the efficiency and quality of arbitral proceedings in India?

    • Arbitrators Set the Procedural Framework: They design and enforce the timelines, hearing schedules, and procedural rules to keep the arbitration efficient. Eg: An arbitrator can fix strict deadlines for filing evidence to avoid unnecessary extensions.
    • Arbitrators Manage Disputes and Party Conduct: They resolve procedural disputes, manage party behavior, and can impose sanctions for delays or misconduct. Eg: If a party repeatedly seeks adjournments, the arbitrator can impose a cost penalty to maintain discipline.
    • Arbitrators Deliver Final, Reasoned Awards: They are responsible for writing high-quality, logical, and well-supported awards that stand strong in judicial review. Eg: In a financial fraud arbitration, a well-reasoned award citing expert evidence and quantifying losses strengthens the award’s credibility.

    What are the steps taken by the Indian government? 

    • Legislative Reforms: Passed the Arbitration and Conciliation (Amendment) Acts (2015, 2019, 2021) to reduce court interference, set strict timelines, and promote institutional arbitration. Eg: Introduction of a 12-month time limit to complete arbitration proceedings.
    • Establishment of Institutions: Set up the India International Arbitration Centre (IIAC) in New Delhi to promote institutional arbitration at par with global standards. Eg: IIAC aims to handle both domestic and international arbitrations efficiently.
    • Promoting Training and Accreditation: Government encouraged specialized training programs and certifications for arbitrators, including support for professional bodies like the Chartered Institute of Arbitrators (CIArb) India branch. Eg: Collaboration with global arbitration bodies to train Indian arbitrators in international best practices.

    How can the Indian arbitration ecosystem diversify and improve the quality of its arbitrators? (Way forward)

    • Diversify the Pool of Arbitrators: Include not just retired judges and advocates, but also trained professionals from fields like engineering, finance, and technology. Eg: Appointing a financial expert as arbitrator in a complex banking dispute can lead to faster and better-informed decisions.
    • Mandatory Training and Accreditation: Every arbitrator, regardless of background, must undergo rigorous training through specialized certificate courses and workshops. Eg: A retired judge attending an international arbitration course learns modern practices like fast-track arbitration and efficient evidence management.
    • Promote a Culture of Professional Arbitration: Build an ecosystem where arbitration is seen as a specialized profession, not as a secondary option to court litigation. Eg: Creating prestigious professional associations and ranking systems for arbitrators can motivate continuous learning and excellence.

    Mains PYQ:

    [UPSC 2024] Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases ?

    Linkage: Arbitration Tribunals, requiring an understanding of their nature and function as a form of dispute resolution, which is the central theme of the Article.

  • Power and freedom: On the Senthilbalaji case

    Why in the News?

    On April 23, the Supreme Court told Tamil Nadu Minister V. Senthilbalaji, who has been out on bail since September 2024 in a money laundering case, to choose between keeping his position or his freedom. This was an expected statement.

    Why did the Supreme Court question V. Senthilbalaji’s continuation in office while on bail?

    • Conflict of Interest Between Bail and Office: The Supreme Court questioned V. Senthilbalaji’s continuation in office while on bail in a money laundering case, suggesting that he should choose between his ministerial position and his freedom. Eg: The Court pointed out the issue of a person facing serious criminal charges holding a high office of responsibility.
    • Concerns About Potential Witness Tampering: The Court expressed concerns that Senthilbalaji might tamper with evidence or influence witnesses due to his position of power. Eg: Justice Oka’s remark that Senthilbalaji might prevent witnesses from testifying indicated the gravity of the situation.
    • Premature Re-induction Into the Cabinet: The Supreme Court had previously granted bail to Senthilbalaji not on merits, but because he had already served one year in detention. His return to the Cabinet shortly after this raised doubts, as the Court had not cleared him of the charges. Eg: This was exemplified by the Court’s remark that it had made a “mistake” in granting him bail.

    What concerns did the Supreme Court raise about Senthilbalaji’s conduct?

    • Dishonest Conduct and Risk of Evidence Tampering: The Supreme Court raised concerns about Senthilbalaji’s dishonest conduct and the potential risk of him tampering with evidence or influencing witnesses in the case. Eg: Justice Oka’s remark about Senthilbalaji ensuring no witnesses come to the box reflected this concern.
    • Inappropriate Return to the Cabinet While Facing Serious Charges: The Court questioned the propriety of Senthilbalaji being re-inducted into the Cabinet while facing serious criminal charges. Eg: The Court had previously stated that granting bail was not based on merits, but on the time already served, which raised doubts about his fitness for office.

    Why is Senthilbalaji’s re-induction into the Cabinet legally scrutinized?

    • Bail Conditions Not Fully Met: Senthilbalaji’s re-induction into the Cabinet is legally scrutinized because he was granted bail not on merits but on the ground that he had already spent one year in incarceration as an undertrial. Eg: The Court had questioned his return to the Cabinet just after granting him bail, highlighting concerns over his ongoing legal situation.
    • Impact on Fair Trial and Public Perception: His re-induction raises questions about the fairness of his trial and the potential to undermine justice. Eg: The Supreme Court had earlier expressed its objection to his return to the Cabinet, stating that it could negatively affect the victims of the job scandal and the integrity of the trial process.

    Why should Senthilbalaji avoid staying in the Cabinet?

    • Legal and Ethical Concerns: Senthilbalaji’s continued stay in the Cabinet raises legal and ethical issues due to the money laundering case against him. Eg: The Supreme Court’s remarks about the possibility of tampering with evidence and influencing witnesses highlight the risks of him holding a position of power while facing serious charges.
    • Risk of Damage to Reputation and Governance: His re-induction into the Cabinet could harm the government’s reputation and undermine public trust in governance. Eg: The Court had earlier granted him bail on humanitarian grounds, not on merits, and his return to the Cabinet despite ongoing charges could be seen as improper, potentially leading to political fallout.

    Way forward: 

    • Resignation for Upholding Integrity: Senthilbalaji should voluntarily resign from the Cabinet to maintain the integrity of the government and avoid further legal scrutiny.
    • Clear Legal Resolution: A clear and swift legal resolution should be sought, ensuring that the charges are addressed transparently, without political interference, to restore public confidence.

    Mains PYQ:

    [UPSC 2024] The Doctrine of Democratic Governance makes it necessary that the public perception of the integrity and commitment of civil servants becomes absolutely positive. Discuss.

    Linkage: Although focused on civil servants, the underlying principle of integrity and public perception in governance is relevant to the case of a Minister like Mr. Senthilbalaji, especially given the Supreme Court’s observations on his conduct.

  • Is India witnessing judicial despotism?

    Why in the News?

    Recently, a number of court rulings have led many people to question the powers and intentions of the Supreme Court. Although criticism of the judiciary is not new, it has increased.

    What is the significance of judicial review in the Indian Constitution?

    • Upholds Constitutional Supremacy: Judicial review ensures that all laws and actions by the government are in line with the Constitution. Eg: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament cannot alter the basic structure of the Constitution, reinforcing constitutional supremacy.
    • Protects Fundamental Rights: It provides a mechanism for individuals to challenge laws or executive actions that violate their fundamental rights. Eg: In Maneka Gandhi v. Union of India (1978), the court ruled that the right to life and personal liberty under Article 21 cannot be violated without just, fair, and reasonable procedure.
    • Maintains Checks and Balances: Judicial review prevents arbitrary use of power by the legislature or executive, maintaining the balance of power among the three branches of government. Eg: In Minerva Mills v. Union of India (1980), the court struck down parts of the 42nd Amendment that tried to limit the power of judicial review itself, preserving the judiciary’s role as a check on Parliament.

    How is it related to Article 13?

    • Declares Inconsistent Laws Void: Article 13(1) & (2) state that any law that violates Fundamental Rights is void to the extent of the violation. This empowers the judiciary to review and strike down such laws. Eg: In A.K. Gopalan v. State of Madras (1950), although the court upheld the Preventive Detention Act, the case established the judiciary’s power to examine laws under Article 13.
    • Forms the Basis for Judicial Review: Article 13 acts as the foundation for judicial review by mandating that all laws (past and future) must conform to Fundamental Rights. Eg: In Kesavananda Bharati v. State of Kerala (1973), the court used Article 13 to assert that even constitutional amendments are subject to judicial review if they violate the basic structure or Fundamental Rights.
    • Ensures Protection Against State Actions: Article 13 defines “law” to include ordinances, orders, bye-laws, rules, regulations, etc., thereby subjecting all state actions to judicial scrutiny. Eg: In State of West Bengal v. Committee for Protection of Democratic Rights (2010), the court affirmed that Article 13 covers all state actions, ensuring their consistency with Fundamental Rights.

    How did the Supreme Court’s activism during the Emergency impact its role in protecting democracy?

    • Judicial Abdication in the ADM Jabalpur Case: The Court failed to protect civil liberties by ruling that even the right to life could be suspended during the Emergency. Eg: ADM Jabalpur v. Shivkant Shukla (1976) – The majority held that citizens had no remedy if the state detained them illegally during Emergency, weakening democratic safeguards.
    • Erosion of Public Faith in Judiciary: The decision in ADM Jabalpur was widely criticized and seen as the Court yielding to executive pressure, leading to a decline in public confidence. Eg: Justice H.R. Khanna’s lone dissent defending civil liberties became a symbol of judicial integrity, but the majority judgment damaged the Court’s image.
    • Shift Towards Judicial Activism Post-Emergency: In response to its failure, the Court later adopted a more proactive role in defending rights through Public Interest Litigations (PILs). Eg: Maneka Gandhi v. Union of India (1978) – The Court expanded the scope of Article 21 (Right to Life and Personal Liberty), overturning its narrow view in earlier cases.
    • Strengthening of Basic Structure Doctrine: After the Emergency, the judiciary reinforced its role as a guardian of the Constitution, making it clear that even Parliament cannot amend the basic structure. Eg: Minerva Mills v. Union of India (1980) – The Court reaffirmed that judicial review is a part of the basic structure and cannot be taken away.
    • Restoration of Accountability and Civil Rights: The Court became more vigilant in ensuring that executive actions respect democratic principles and individual freedoms. Eg: The growth of PILs in the 1980s allowed the judiciary to directly address the grievances of the marginalized and hold the state accountable.

    Why is the Supreme Court’s power under Article 142 considered essential?

    • Ensures Complete Justice in Exceptional Situations: Article 142 empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in any case before it, even if no specific law exists. Eg: Union Carbide Case (Bhopal Gas Tragedy, 1989) – The Court invoked Article 142 to ensure compensation for victims, overriding procedural hurdles.
    • Fills Legislative or Procedural Gaps Temporarily: It allows the Court to address legal voids until Parliament or the executive acts, ensuring justice is not delayed due to technicalities. Eg: Supreme Court guidelines on sexual harassment at workplaces (Vishaka v. State of Rajasthan, 1997) – The Court framed guidelines under Article 142 in absence of legislation.

    What are the concerns surrounding its misuse?

    • Overreach and Violation of Separation of Powers: There is a risk that the Court might overstep its boundaries, encroaching on the domain of the executive or legislature, thus undermining the principle of separation of powers.Eg: Judicial intervention in policy matters – If the Court starts making decisions on matters that should be left to the government, like executive policies, it can be seen as an overreach.
    • Potential for Arbitrary Decisions: The broad discretion granted by Article 142 can sometimes lead to arbitrary decisions, which may not align with established legal principles or may be seen as politically motivated. Eg: Judgment in the Babri Masjid Case (2019) – The Court’s intervention in the Babri case was criticized for favoring peace over legal principles, potentially opening doors for biased interpretations.

    How does the judiciary uphold the Constitution without overstepping the separation of powers between the legislature and the executive?

    • Judicial Review with Restraint: The judiciary exercises judicial review carefully, ensuring it only intervenes in cases where constitutional violations or fundamental rights are at stake, and refrains from delving into policy decisions better left to the executive or legislature. Eg: Right to Privacy Case (2017) – The Supreme Court upheld the right to privacy as a fundamental right, checking executive overreach but refraining from interfering with legislative or executive policy decisions.
    • Respect for Legislative and Executive Domains: The judiciary respects the roles and powers of the legislature and executive, ensuring that it does not encroach on their function while interpreting the law within its constitutional framework. Eg: Constitutionality of the GST (2017) – The Supreme Court reviewed the constitutional validity of the Goods and Services Tax (GST) but did not interfere with the operational execution, leaving implementation to the executive.

    Way forward: 

    • Ensure Judicial Independence: Strengthen mechanisms to safeguard the judiciary from executive and legislative influence, ensuring impartiality and constitutional integrity.
    • Foster Collaborative Governance: Encourage constructive dialogue between the judiciary, legislature, and executive to maintain balance and prevent unnecessary judicial overreach.

    Mains PYQ:

    [UPSC 2015] Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

    Linkage: In this article, evaluate judicial activism. Some people see it as essential for protecting the Constitution, while others think it goes too far, interfering with the roles of the legislature and executive, and might even lead to judges having too much power.

  • A move that endangers the right to vote

    Why in the News?

    The Election Commission of India (ECI) is again trying to link Aadhaar with voter ID, claiming it will help remove fake voters, clean up the voter list, and make elections more fair. However, this move could put people’s right to vote at risk.

    Why is Aadhaar-Voter ID linkage seen as a threat to voting rights?

    • Risk of Mass Disenfranchisement: Linking Aadhaar with voter ID can lead to the wrongful deletion of genuine voters from electoral rolls due to data mismatches or errors in the Aadhaar database. Eg: In 2015, during the National Electoral Roll Purification and Authentication Programme, over 55 lakh voters were arbitrarily removed in Telangana and Andhra Pradesh, causing many to discover their names missing only on election day.
    • Violation of the Right to Privacy and Autonomy: The linkage forces citizens to part with their Aadhaar information, effectively making a voluntary scheme coercive. It exposes citizens to data misuse and profiling by political actors. Eg: Form 6B requires Aadhaar submission or a declaration of non-possession, with no real opt-out, pressuring citizens to comply.
    • Disproportionate Impact on Vulnerable Groups: Groups like the elderly, disabled, migrant workers, and rural residents face practical challenges in appearing before Electoral Officers to justify not having Aadhaar, putting their right to vote at risk. Eg: The proposed requirement for in-person appearance imposes an unreasonable burden, especially for people in remote or underserved areas.

    How does the linkage affect vulnerable groups?

    • Imposes Unreasonable Physical Burden: The requirement for in-person appearances before Electoral Registration Officers disproportionately affects individuals who may not be able to travel easily. Eg: Elderly citizens or persons with disabilities may find it extremely difficult to justify their non-submission of Aadhaar physically, leading to potential exclusion from the voter list.
    • Excludes Migrants and Remote Populations: Migrant workers and people living in remote or underdeveloped regions may not have updated documents or easy access to Aadhaar centers, making compliance difficult. Eg: Migrant laborers, often on the move, may not have consistent records, leading to their disenfranchisement due to Aadhaar mismatches or absence.
    • Leads to Arbitrary Deletions from Electoral Rolls: Errors in Aadhaar data or failure to link properly can result in the deletion of legitimate voters, especially those lacking digital literacy or assistance. Eg: During the 2015 Aadhaar-linking exercise, many daily wage workers and marginalized citizens in Andhra Pradesh and Telangana found their names deleted without prior notice.

    Which past events highlight the risks of this linkage?

    • 2015 Deletions under National Electoral Roll Purification and Authentication Programme (NERPAP): The Election Commission attempted Aadhaar-voter ID linkage in 2015, leading to large-scale deletion of genuine voters due to data mismatches. Eg: In Telangana and Andhra Pradesh, over 55 lakh voters were removed from rolls. Many citizens discovered this only on polling day, causing mass disenfranchisement.
    • Supreme Court Stay in August 2015: Following the backlash from the 2015 deletions, the Supreme Court stayed the Aadhaar-voter ID linkage to prevent further voter exclusion. Eg: The Court’s order halted the programme, citing privacy concerns and lack of legal backing, highlighting the constitutional risks involved.
    • CAG Report on Aadhaar Database Flaws (2021): The Comptroller and Auditor General found serious flaws in the Aadhaar system, including duplications and unverifiable residency, raising concerns about its suitability for electoral verification. Eg: The CAG audit revealed that 4.75 lakh Aadhaar numbers were cancelled due to errors and duplication, showing how flawed data could wrongly affect voter rolls.

    Way forward: 

    • Traditional Voter Verification Methods: Instead of relying on Aadhaar, the ECI should strengthen manual verification systems. Eg: Door-to-door verification by Booth Level Officers (BLOs) and in-person checks help maintain accuracy and uphold voter rights without risking exclusions.
    • Independent Audits and Social Oversight: Introducing social audits and independent reviews of electoral rolls can enhance transparency and trust in the system. Eg: Public grievance redressal mechanisms and independent monitoring can prevent politically motivated manipulation and ensure fairness.

    Mains PYQ:

    [UPSC 2024] Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation-one election” principle.

    Linakege: “one nation-one election,” it falls under the broader theme of electoral reforms. The article  discusses a specific electoral reform, the Aadhaar-voter ID linkage, and argues that it has negative consequences for the right to vote. Therefore, this PYQ, concerning the need for and nature of electoral reforms, is relevant as the Aadhaar linking initiative can be seen as a debated electoral reform with potential risks to the franchise.

  • Article 355 of the Indian Constitution

    Why in the News?

    A recent petition in the Supreme Court has sought the invocation of Article 355 in West Bengal by deploying central armed forces, citing violence in Murshidabad.

    Recent Case:

    • Following violent protests in Murshidabad district against the Waqf (Amendment) Act, a petition was filed to invoke Article 355 in West Bengal.
    • The petitioner argued that the state was experiencing internal disturbances warranting Union intervention.​
    • The Court declined to pass immediate directions but allowed the petitioner to file a detailed application for further consideration. ​

    What is Article 355?

    • Article 355 mandates that the Union Government has the duty to protect every state against external aggression and internal disturbances and ensure that the state governments function in accordance with the Constitution.
    • It places responsibilities on the Union Government to maintain constitutional governance in all states.
    • It is often used alongside Article 356 to declare President’s Rule in a state.
    • It does NOT grant separate powers; instead, it operates in conjunction with Article 356 and Article 357.
    • Initially introduced as Article 277A in the Draft Constitution (1949), it clarified the Union’s role in intervening in state matters during exceptional circumstances.
    • Dr. B.R. Ambedkar emphasised that such intervention should not be arbitrary but based on constitutional obligations.
    • Judicial Interpretations:
      1. H.S. Jain v. Union of India (1996): The Supreme Court held that the Union is obligated under Article 355 to ensure state governments operate in line with the Constitution, quashing a state emergency declared under Article 356.
      2. S.R. Bommai v. Union of India (1994): The Court ruled that President’s Rule under Article 356 should be used sparingly and only when Union intervention is justified.
      3. Sarbananda Sonowal v. Union of India (2005): The Court upheld Union intervention under Article 355 due to illegal migration but cautioned against its use without substantial evidence.
    Note: Article 355 does NOT grant separate powers; instead, it operates in conjunction with Articles 356 and 357.

    • Article 356 allows the President to impose President’s Rule in a state if the governance in that state is not in accordance with the provisions of the Constitution.
    • Article 357 authorizes the President to extend the powers of the Union government to a state under President’s Rule and allows the Union government to exercise executive authority in the state.

     

    [UPSC 2003] Which one of the following Articles of the Indian Constitution provides that ‘It shall be the duty of the Union to protect every State against external aggression and internal disturbance’?

    Options: (a) Article 215 (b) Article 275 (c) Article 325 (d) Article 355*

     

  • Diving into SC’s verdict on Governors

    Why in the News?

    On April 8, 2025, the Supreme Court settled a long-standing issue between the Governor of Tamil Nadu and the state’s government and Legislative Assembly.

    What was the Supreme Court’s ruling on the Tamil Nadu Governor’s delay in assenting to Bills?

    • No “Pocket Veto” by Governor: The Court ruled the Governor cannot indefinitely withhold assent to Bills passed by the State Legislature. Eg: The Governor delayed action on ten Bills for years without justification.
    • Governor Must Act Timely: The Governor must either assent, return, or refer the Bills to the President within reasonable time. Eg: The Court stated the Governor should act on the Bills, not delay them.
    • Article 142 Used to Declare Bills Law: Due to the delay, the Court invoked Article 142 to deem the Bills as law. Eg: The Tamil Nadu government notified the Acts as law following the Court’s decision.

    Why did the Court use Article 142 to declare the Bills as law?

    • Prolonged Delay by the Governor: The Court found that the Governor had unjustifiably delayed action on the Bills for years, violating the constitutional principles of federalism and representative democracy. Eg: The Governor kept the Bills pending for an extended period without offering valid reasons, causing a constitutional impasse.
    • Ensuring Justice and Upholding Democracy: The Court invoked Article 142 to do “complete justice” by respecting the will of the elected representatives of the State Legislative Assembly, thus protecting the democratic process. Eg: The Court deemed the Bills passed by the Legislature as law to ensure that the legislative intent of the people’s representatives was not thwarted.
    • Constitutional Vacuum and Remedy: Since the Constitution did not specify a time limit for the Governor’s action, the Court stepped in to remedy the situation, ensuring the Bills were not indefinitely stalled. Eg: The Tamil Nadu government immediately notified the Acts as law after the Court’s intervention, rectifying the Governor’s delay.

    When is the Governor constitutionally allowed to refer a Bill to the President?

    • When the Bill is Inconsistent with Central Law: The Governor can refer a Bill to the President if it conflicts with existing central laws or raises constitutional issues requiring the President’s decision. Eg: A Bill that contradicts a central law on the same subject matter may be referred to the President for approval.
    • When the Governor Has Doubts on the Bill’s Constitutionality: If the Governor has constitutional concerns regarding a Bill, they can refer it to the President for further consideration, especially if it involves matters outside the state’s jurisdiction. Eg: A Bill that encroaches on the powers reserved for the Union can be referred to the President for a final decision.

    Which constitutional flaw did the Court aim to rectify through this judgment?

    • Lack of Clear Guidelines for Governor’s Action: The Constitution did not specify clear timelines or procedures for the Governor in handling State Bills, leaving room for delays and misuse of power. Eg: The Governor of Tamil Nadu delayed assent to Bills for years, exploiting the absence of a specific time frame for action.
    • Absence of Safeguards Against Governor’s Arbitrary Power: The Constitution did not explicitly limit the Governor’s power to withhold assent or exercise a pocket veto, leading to potential abuse and undermining the democratic process. Eg: The Governor’s delay in assenting to ten Bills without any constitutional justification prompted the Court’s intervention.
    • Weakness in Protecting Federalism and Legislative Authority: The lack of specific checks on the Governor’s actions threatened the principles of federalism and undermined the autonomy of the State Legislative Assembly. Eg: By indefinitely stalling the Bills, the Governor weakened the power of the elected State Legislature, which led the Court to act to preserve federalism.

    Who is responsible for upholding constitutional conventions to protect federalism?

    • The Executive (Governor and Chief Minister): Both the Governor, as the representative of the President, and the Chief Minister, as the head of the state government, must respect constitutional conventions to ensure the smooth functioning of federalism and maintain the balance of power between the Centre and States. Eg: The Governor’s undue delay in assenting to Bills disrupted the federal balance and called for judicial intervention.
    • The Legislature (State Legislative Assembly): The elected representatives in the State Legislature must ensure that the legislative process adheres to constitutional conventions, fostering federal cooperation and preventing undue interference by the Centre. Eg: The Tamil Nadu Legislative Assembly passed Bills that reflected the will of the people, but faced obstruction due to Governor’s delays, highlighting the need for constitutional respect.
    • The Judiciary: The judiciary plays a crucial role in upholding constitutional conventions when other branches fail to act appropriately. The Supreme Court intervenes when there is a violation of constitutional principles like federalism and when executive or legislative actors overstep their bounds. Eg: The Supreme Court used Article 142 to declare the Tamil Nadu Bills as law, rectifying the constitutional flaw in the Governor’s inaction and protecting federalism.

    Way forward: 

    • Clarify Constitutional Procedures: There is a need for clear constitutional guidelines and timeframes for Governors to act on State Bills, reducing ambiguity and preventing delays that undermine federalism. This could involve amendments or judicial directions for timely decision-making.
    • Strengthen Checks on Executive Power: Strengthening safeguards against arbitrary use of powers by the Governor through legal reforms and accountability measures can ensure that the democratic process and legislative authority of states are respected.

    Mains PYQ:

     [UPSC 2022] Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

    Linkage: The Supreme Court’s 2025 verdict addressed the limits of the Governor’s power regarding assent to bills, effectively preventing the use of a “pocket veto”. This context makes the 2022 question relevant as it explores other aspects of the Governor’s legislative role and the need for accountability to the state legislature.