Note4Students
From UPSC perspective, the following things are important :
Prelims level: Removal of High Court Judges
Why in the News?
The Chief Justice of India (CJI) has set up a three-member panel to investigate the alleged discovery of a significant sum of money at the residence of a sitting Delhi High Court judge.
Appointment Process of High Court Judges:
- According to Article 217, the President of India appoints High Court judges after consulting with the CJI, the Governor of the respective state, and the Chief Justice of the High Court.
- In the case of the appointment of a judge other than the Chief Justice, the Chief Justice of the High Court is consulted as well.
- Consultation Process:
- The process of appointing judges is handled by a Collegium, which includes the CJI and the two senior-most judges of the Supreme Court.
- The Collegium System allows for a collaborative decision-making process where the Chief Justice of the High Court initiates the proposal, which is then forwarded to the Chief Minister.
- The Chief Minister, in turn, advises the Governor, who submits the proposal to the Union Law Minister.
- The Chief Justice of the High Court is appointed in accordance with a policy to ensure that Chief Justices are from outside the respective states.
- Appointment and Transfer of Judges:
- The CJI and the senior-most judges of the Supreme Court collectively decide on the appointment and transfer of judges, ensuring judicial independence and preventing executive interference.
Removal of Judges in the Higher Judiciary:
- Impeachment Process:
- Judges of the Supreme Court and High Courts can only be removed by impeachment, which requires a motion signed by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- The impeachment motion is investigated by a three-member judicial committee, and if the committee finds merit in the allegations, Parliament votes on the motion.
- A 2/3rd majority is needed in both Houses for removal.
- Parliament can, however, consider a motion to impeach a judge according to the procedure laid down in the Judges (Inquiry) Act, 1968.
- In-House Inquiry Process:
- The CJI can initiate an in-house inquiry in the event of serious allegations against a judge. This process involves the Chief Justice of the High Court submitting a report, and if the allegations are deemed serious, a three-member committee is constituted to investigate the matter.
- If the committee recommends removal, the CJI may advise the judge to resign. If the judge refuses, their judicial work is withdrawn, and impeachment proceedings may be initiated.
Historical Impeachment Efforts:
- No judge has been impeached in India, though attempts have been made, including the failed motions against Justice V Ramaswami (1993) and Justice Soumitra Sen (2011).
- Justice V Ramaswami (1993): Faced impeachment for financial misconduct, but the motion failed in the Lok Sabha.
- Justice Soumitra Sen (2011): Resigned after impeachment proceedings for misappropriating funds.
- Justice K Veeraswamy: Chief Justice of Madras HC, investigated for corruption but challenged the investigation. The case remained unresolved until his death in 2010.
- Justice Shamit Mukherjee (2003), Justice Nirmal Yadav (2008), and Justice SN Shukla (2017): Faced criminal charges for corruption after in-house inquiries found substantial evidence against them.
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[UPSC 2019] Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what Constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.Which of the statements given above is/are correct?
(a) 1 and 3 only (b) 2 only (c) 3 and 4 only (d) 1, 3 and 4 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Demands for Grants
Why in the News?
The Lok Sabha has passed the Demands for Grants of various Ministries for the financial year 2025-26, approving an expenditure of more than ₹50 lakh crore.
What are Demands for Grants?
- Demands for Grants refer to the expenditure estimates that require approval from the Lok Sabha under Article 113 of the Constitution of India.
- These demands are essentially requests for funds by different ministries to cover their respective expenditure needs.
- The Demands for Grants cover:
- Revenue expenditure: Routine expenses for the functioning of government.
- Capital expenditure: Investment-related spending, such as infrastructure and development projects.
- Grants to States/UTs: Funds allocated to state governments and Union Territories for various purposes.
- Loans & advances: Amounts lent to other entities or bodies.
- Each ministry or department presents its own demand for grants. Larger ministries may have multiple demands depending on the scope of their activities.
- Types of Expenditures in Demands for Grants:
- Voted expenditure: It refers to the part of the budget that requires approval from the Lok Sabha. This expenditure can be debated and voted on by members of the House.
- Charged expenditure: It includes items like the President’s salary, judges’ salaries, debt servicing, and other such payments. This expenditure does not require a vote and is automatically passed.
- Voting on Demands for Grants:
- Exclusivity of Lok Sabha: Only the Lok Sabha has the power to vote on Demands for Grants.
- Voting Process: Voting applies only to votable expenditure, with each demand voted on separately.
- Guillotine Process: If time runs out for discussion, the Speaker applies the guillotine, automatically approving remaining demands.
Constitutional Provisions on Demands for Grants
- Article 113: Requires the President’s recommendation before any demand for a grant can be made.
- Article 114: Money cannot be withdrawn from the Consolidated Fund of India without parliamentary approval.
- Article 115: Allows supplementary grants if the budget is insufficient.
- Article 116: Provides for Vote on Account and Vote of Credit if the budget is not passed before the start of the financial year.
[UPSC 2024] Consider the following statements regarding the financial procedure in the Indian Parliament:
1. The Appropriation Bill must be passed by the Lok Sabha after the Demands for Grants are voted upon.
2. At the Union level, no demand for a grant can be made except on the recommendation of the President of India.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 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Exercise Varuna
Why in the News?
India and France recently conducted the 23rd edition of Exercise Varuna, a key bilateral naval exercise aimed at enhancing interoperability and combat readiness between the two countries’ naval forces.
About Exercise Varuna
- Exercise Varuna is a bilateral naval exercise between India and France.
- It was first initiated in 1993 and officially named Varuna in 2001.
- The exercise focuses on enhancing combat readiness, improving interoperability, and deepening maritime security cooperation between the two nations.
- It spans multiple domains, including air, surface, and sub-surface operations, with a strong emphasis on anti-submarine warfare (ASW) and air combat drills.
- Key Highlights:
- The 2025 edition took place from March 19-22 off the coast of Goa, with participants such as INS Vikrant (India) and Charles de Gaulle (France).
- This year’s exercises included aircraft carrier operations, ASW drills, and joint surface warfare operations.
- Rafale-M (French Navy) and MiG-29K (Indian Navy) fighters participated in advanced air defence and mock air-to-air combat scenarios.
- Indian Scorpene-class submarines acted as aggressors, while French and Indian frigates protected high-value assets, including the French oiler Jacques Chevallier.
- These drills enhanced underwater domain awareness and improved ASW tactics.
Other Notable India-France Military Exercises:
- FRINJEX: A joint exercise between the Indian and French armies focused on ground operations.
- GARUDA: A bilateral air exercise between the Indian and French air forces, first held in 2003.
- SHAKTI: A biennial military exercise between India and France, focusing on counter-terrorism operations.
- La Pérouse: A multilateral maritime exercise led by the French Navy, with India participating for the first time in 2021.
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| [UPSC 2024] Which of the following statements about ‘Exercise Mitra Shakti-2023’ are correct?
1. This was a joint military exercise between India and Bangladesh.
2. It commenced in Aundh (Pune).
3. Joint response during counter-terrorism operations was a goal of this operation.
4. Indian Air Force was a part of this exercise.
Select the answer using the code given below:
(a) 1, 2 and 3 (b) 1 and 4 (c) 1 and 4 (d) 2, 3 and 4 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UN World Water Development Report, 2025
Why in the News?
On March 21, 2025, the United Nations marked the first-ever World Day for Glaciers, and in conjunction, the United Nations World Water Development Report issued a disturbing warning about the rapid loss of glaciers.
Key Highlights of the Report:
- Hindu Kush Himalayas (HKH) Glacier Loss: Glaciers are melting 65% faster (2011-2020) than the previous decade, with up to 50% shrinkage by 2100 if global temperatures rise by 1.5-2°C.
- WMO’s Climate Report: The 2024 climate year was the warmest in 175 years, reinforcing the link between rising temperatures and accelerated glacier melt.
- Unprecedented Glacier Mass Loss: Over 9,000 billion tonnes of ice lost since 1975, with 450 gigatons lost in 2024 alone.
- Rising Sea Levels: Melting glaciers contribute to sea level rise, displacing 200,000 to 300,000 people annually and increasing coastal flooding risks.
- Increased Wildfires and Dust Storms: Rising wildfires and dust storms accelerate glacier melt by darkening their surfaces.
- Permafrost Thawing: Thawing permafrost releases carbon and nutrients, worsening climate change and increasing landslide risks.
- Declining Snow Cover: A 7.79% global decline in persistent snow cover from 1979-2022 affects water resources.
About World Glaciers Day
- March 21, 2025, marked the first-ever World Day for Glaciers, aimed at raising awareness about glaciers and the risks posed by their loss due to climate change.
- It was declared by the UN in its resolution A/RES/77/158 along with the International Year of Glaciers 2025.
- The day calls for governments, organizations, and individuals to reduce greenhouse gas emissions and adopt sustainable water management practices.
| [UPSC 2019] Consider the following statements:
1. Global warming might trigger the release of methane gas from these deposits.
2. Large deposits of ‘methane hydrate’ are found in Arctic Tundra and under the seafloor.
3. Methane in atmosphere oxidizes to carbon dioxide after a decade or two.
Select the correct answer using the code given below.
(a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 |
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PYQ Relevance:
Question: Do you think that BIMSTEC is a parallel organisation like the SAARC? What are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organisation? (2022)
Reason: This question explores India’s engagement with other regional groupings. India’s experience with BIMSTEC, its objectives, and the lessons learned in fostering regional cooperation can inform its approach and strategy as the chair of IORA. It also touches upon how India uses multilateral platforms to achieve its foreign policy goals, a key aspect of its IORA leadership. |
Mentor’s Comment: The Indian Ocean Rim Association (IORA) held its Council of Ministers (COM) meeting in Colombo on October 11, 2024, with the theme “Reinforcing Indian Ocean Identity.” Foreign ministers and senior officials from its 23 member countries attended the event. In 2024, many other countries, especially “dialogue partners” or those wanting to join as dialogue partners, showed great interest in the organization. IORA, founded 26 years ago, is believed to have been an idea originally proposed by former South African President Nelson Mandela.
Today’s editorial discusses issues related to the Indian Ocean Rim Association (IORA) and India’s role in it, which is useful for GS Paper 2 in International Relations.
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Let’s learn!
Why in the News?
New Delhi should create a strong base for effective governance that works at the local level and brings real impact.
What are the key priorities for India as it prepares to chair the Indian Ocean Rim Association (IORA)?
- Enhancing Funding Opportunities: India can engage private sector players like shipping companies (Maersk, Adani Ports), oil & gas firms (ONGC, Reliance), and marine tourism operators to contribute financially to IORA’s initiatives.
- Strengthening Maritime Security & Safety: Expanding India’s Information Fusion Centre – Indian Ocean Region (IFC-IOR) in Gurugram to enhance real-time maritime surveillance and counter threats like piracy, illegal fishing, and trafficking.
- Integrating Technology for Data Management & Policy Analysis: Promoting AI-driven marine data analytics to track ocean health, predict climate change impacts, and improve fisheries management across IORA nations.
- Developing Maritime Education & Skill-Based Training: Partnering with institutions like IIT-Madras and NIOT (National Institute of Ocean Technology) to create specialized courses in marine economy, deep-sea exploration, and coastal governance.
- Strengthening Blue Economy & Sustainable Practices: Collaborating with Australia for marine research, UAE for investment in sustainable fisheries, and Seychelles for traditional knowledge on marine conservation to develop eco-friendly economic growth models.
Why is funding a major challenge for IORA?
- Dependence on Member Contributions: IORA’s budget is primarily dependent on contributions from its 23 member states, most of which are developing economies. For example, Only a few countries like Singapore, UAE, and France have the financial capability to contribute significantly, while others struggle to meet commitments.
- Limited Private Sector Involvement: IORA lacks strong partnerships with private enterprises, which could provide alternative funding sources. For example, Industries related to shipping, oil & gas, fisheries, and marine tourism are key players in the region but are not formally involved in IORA’s funding model.
- Comparatively Small Budget: IORA’s total annual budget is just a few million dollars, making it insufficient for large-scale maritime security, climate resilience, and economic development projects. For example, The Indian Ocean Commission (IOC), despite having only five members, has a $1.3 billion budget (2020-25)—significantly larger than IORA’s budget.
- Expanding Scope of Activities: IORA is expanding into maritime safety, disaster management, technology, and blue economy initiatives, all of which require resource-intensive investments. For example, Implementing maritime surveillance systems and disaster risk management programs demands consistent funding, which is currently lacking.
- Lack of a Dedicated Fundraising Mechanism: Unlike organizations like the ASEAN Development Fund, IORA does not have a structured mechanism to raise funds through external donors, financial institutions, or international aid agencies. For example, ASEAN collaborates with ADB (Asian Development Bank) and the World Bank for project funding, while IORA lacks such institutional financial backing.
How can it be addressed?
- Diversifying Funding Sources: IORA should explore alternative funding mechanisms such as public-private partnerships (PPPs), external grants, and contributions from international financial institutions. Example: ASEAN collaborates with the Asian Development Bank (ADB) and the World Bank for project funding, which IORA can emulate.
- Enhancing Private Sector Engagement: Establish formal partnerships with shipping, energy, fisheries, and tourism industries to attract investment in key maritime projects. Example: Creating an IORA Business Forum to facilitate corporate sponsorships and private sector-driven development projects.
- Setting Up a Dedicated IORA Development Fund: Establish a structured IORA Development Fund where member states, international donors, and regional banks contribute for long-term sustainability. Example: The ASEAN Development Fund (ADF) pools resources for regional projects, which IORA can replicate to support blue economy and maritime security initiatives.
- Strengthening Bilateral and Multilateral Cooperation: Strengthen financial partnerships with G20 economies, UN agencies, and regional economic blocs to access technical and financial assistance. Example: IORA can seek support from India’s Development Partnership Administration (DPA) or Japan’s Official Development Assistance (ODA) for infrastructure and capacity-building programs.
- Implementing a Tiered Membership Contribution Model: Introduce a differentiated contribution system where larger economies contribute more while smaller nations have flexible or in-kind contributions. Example: Organizations like the International Maritime Organization (IMO) use GDP-based contribution tiers to ensure fair burden-sharing among members.
India’s Role in IORA – Timeline of Key Initiatives
How does the Indian Ocean Region contribute to global trade and economic activities?
- Major Trade and Energy Corridor: The Indian Ocean facilitates 75% of global maritime trade and 50% of daily oil consumption, making it a critical route for global commerce. The Strait of Malacca, Bab-el-Mandeb, and the Strait of Hormuz are key chokepoints for oil and goods transportation.
- Rich Blue Economy and Marine Resources: The region generates $1 trillion in goods and services, including fisheries, aquaculture, and seabed resources. India, Indonesia, and Thailand have thriving fishing industries, while Mozambique and Madagascar are rich in offshore gas reserves.
- Strategic Economic Hubs and Ports: Major ports like Singapore, Mumbai, Colombo, and Dubai serve as global transhipment and logistics hubs, driving regional and global trade. Gwadar (Pakistan) and Hambantota (Sri Lanka) are being developed as part of strategic maritime infrastructure projects.
Where can India leverage its strengths and partnerships to enhance IORA’s governance and effectiveness?
- Maritime Security and Disaster Resilience: India can take the lead in strengthening maritime surveillance, anti-piracy measures, and disaster preparedness in the Indian Ocean region. Example: India’s Information Fusion Centre – Indian Ocean Region (IFC-IOR) can be expanded to assist IORA members in real-time maritime domain awareness.
- Capacity Building and Skill Development: India can offer training programs, scholarships, and technical assistance to IORA members in areas like blue economy, digital governance, and climate adaptation. Example: The Indian Technical and Economic Cooperation (ITEC) program can be expanded to provide skill development for professionals from IORA nations.
- Sustainable Blue Economy Initiatives: India can collaborate with IORA countries to promote marine biotechnology, sustainable fisheries, and ocean-based renewable energy. Example: India’s Deep Ocean Mission and expertise in offshore wind energy can be shared with IORA nations for sustainable development.
- Trade and Connectivity Infrastructure: India can enhance regional trade and connectivity through port modernization, maritime logistics, and blue economy-driven trade facilitation. Example: The Sagarmala Project can be leveraged to assist IORA nations in upgrading port infrastructure and coastal shipping networks.
- Multilateral Partnerships and Development Finance: India can work with Quad, G20, BRICS, and ASEAN to secure additional funding and policy coordination for IORA’s initiatives. Example: India’s leadership in the Coalition for Disaster Resilient Infrastructure (CDRI) can be extended to help IORA nations build climate-resilient maritime infrastructure.
Way forward:
- Institutional Strengthening & Financial Sustainability: IORA should establish a dedicated development fund, diversify revenue streams through public-private partnerships, and enhance cooperation with global financial institutions like the World Bank and ADB to ensure long-term financial stability.
- Strategic & Inclusive Engagement: India must promote technology-driven governance, capacity-building initiatives, and regional connectivity projects while fostering multilateral partnerships with ASEAN, Quad, and BRICS to enhance IORA’s strategic relevance and effectiveness.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to Budget;
Why in the News?
The current budget process reduces the involvement of elected representatives, weakening democratic accountability.
How does the current budget process reduce the role of elected representatives and weaken democratic accountability?
- Executive Monopoly Over Budget Formulation: The Budget is drafted exclusively by the Finance Ministry, with even Cabinet Ministers kept unaware until its presentation in the Lok Sabha. Example: Unlike legislative bills, the Union Budget is not subjected to extensive cabinet discussions before being tabled in Parliament.
- Lack of Pre-Budget Consultations: Parliamentarians do not have an institutional mechanism to provide input before the Budget is finalized. Example: In contrast to countries like the UK, where parliamentary committees discuss budget priorities in advance, India lacks such structured engagement.
- Limited Role of the Rajya Sabha: The Upper House has no direct power to amend or reject the Budget, reducing its ability to scrutinize financial policies. Example: The Finance Minister, even if a Rajya Sabha member, cannot vote on the Budget in the Lok Sabha, where financial matters are decided.
- Weak Oversight by Parliamentary Committees: Parliamentary committees do not have the authority to modify budget proposals or demand policy changes. Example: Department-related Standing Committees review Demands for Grants but can only make recommendations, which the government is not bound to accept.
- Time Constraints and Superficial Debates: The Budget session allows limited time for discussion, leading to rushed approvals without in-depth scrutiny. Example: In many cases, the Guillotine Process is used, where multiple Demands for Grants are passed without discussion due to time limitations.
What is the Parliamentary Budget Office (PBO)?
A Parliamentary Budget Office (PBO) is an independent, non-partisan institution that provides objective analysis of government budgets, fiscal policies, and economic forecasts to assist lawmakers in informed decision-making. It enhances legislative oversight, ensures transparency, and improves accountability in public finance management. Examples include the U.S. Congressional Budget Office (CBO) and Canada’s PBO.
What about the constitutional status of the Parliamentary Budget Office (PBO)?
There is no explicit mention of a Parliamentary Budget Office (PBO) in the Indian Constitution. However, its establishment can be linked to broader constitutional provisions related to financial oversight and legislative accountability:
- Article 112 (Annual Financial Statement) – The Union Budget is presented before Parliament, which has the power to scrutinize and approve it. A PBO can strengthen this oversight by providing independent budgetary analysis.
- Article 266 & 267 (Consolidated and Contingency Funds of India) – Parliament controls government expenditure, and a PBO can assist in evaluating the fiscal implications of such spending.
- Article 148-151 (Comptroller and Auditor General – CAG) – While CAG audits past expenditures, a PBO would provide forward-looking budgetary insights to Parliament.
- Article 105 (Powers and Privileges of Parliament) – Parliament has the right to seek information on financial matters, and a PBO could serve as a resource for unbiased fiscal analysis.
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Why is the establishment of a Parliamentary Budget Office (PBO) considered essential for fiscal oversight?
- Independent and Data-Driven Budget Analysis: A PBO would provide legislators with non-partisan, expert analysis of government spending, revenue forecasts, and fiscal policies. Example: The U.S. Congressional Budget Office (CBO) conducts independent evaluations of federal budgets, ensuring transparency and evidence-based policy decisions.
- Enhanced Legislative Scrutiny and Accountability: It would strengthen Parliament’s ability to evaluate the financial implications of policies and hold the executive accountable. Example: Countries like Canada and the UK have PBOs that assess fiscal policies, preventing governments from making unrealistic budgetary claims.
- Support for Informed Decision-Making by Legislators: Parliamentarians often lack technical expertise in financial matters; a PBO would equip them with research reports and policy briefs. Example: Australia’s PBO helps legislators understand the long-term economic impact of proposed policies, ensuring fiscal discipline and responsible budgeting.
How do pre-Budget discussions contribute to a more transparent and democratic Budget-making process?
- Greater Legislative Involvement and Accountability: Pre-Budget discussions allow parliamentarians to voice public concerns, debate fiscal priorities, and influence resource allocation before the Budget is finalised. Example: In Germany, the Bundestag conducts pre-budget debates, ensuring the government considers legislative recommendations before finalizing financial plans.
- Improved Public Participation and Transparency: Open discussions increase public awareness and trust by making the Budget-making process more inclusive and participatory. Example: South Africa holds public consultations before the Budget, allowing citizens to provide inputs, and ensuring financial policies align with public needs.
- Better Coordination Among Subject Committees: Structured discussions help parliamentary committees collaborate effectively, leading to more informed scrutiny of sector-wise allocations. Example: In Sweden, parliamentary finance committees review preliminary budget proposals, enabling sector-specific recommendations before the final Budget is tabled.
Which global models of legislative Budget scrutiny can India learn from to enhance parliamentary engagement?
| Country |
Features
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Example
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| United States – Congressional Budget Office (CBO) for Independent Analysis |
The U.S. Congressional Budget Office (CBO) provides independent, non-partisan economic and budgetary analysis to assist lawmakers in evaluating fiscal policies. |
India could establish a Parliamentary Budget Office (PBO) for similar fiscal oversight. |
| United Kingdom – Strong Parliamentary Committee System: |
The UK’s House of Commons Treasury Committee scrutinizes budget proposals, questioning government officials and publishing reports on financial policy. |
In 2021, the Treasury Committee analyzed the economic impact of the UK Budget and made recommendations for pandemic recovery, influencing fiscal decisions. India can strengthen its Parliamentary Committees to enhance budgetary oversight. |
| Germany – Pre-Budget Consultations for Legislative Input: |
The Bundestag (German Parliament) conducts structured pre-Budget discussions, allowing legislators to debate fiscal priorities before finalizing budgetary allocations. |
Germany’s Medium-Term Financial Planning Framework ensures that multi-year fiscal policies align with economic goals. India could introduce pre-Budget discussions to improve transparency and parliamentary engagement. |
Way forward:
- Establish a Parliamentary Budget Office (PBO) for Independent Analysis: A PBO should be set up to provide non-partisan, expert-driven financial analysis to Parliament, similar to the U.S. Congressional Budget Office (CBO). This would enhance legislative oversight, fiscal transparency, and informed decision-making by equipping parliamentarians with independent budget assessments.
- Institutionalize Pre-Budget Consultations and Strengthen Committee Oversight: Implement structured pre-Budget discussions involving parliamentary committees, policymakers, and stakeholders to ensure greater transparency and inclusivity in Budget-making.
Mains question for practice:
Question: “The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate. (UPSC 2024)
Reason: This question addresses the broader theme of parliamentary supremacy being undermined by the executive. The budget being primarily an executive-driven process, with limited parliamentary influence, is a prime example of this marginalization.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to the judiciary;
Why in the News?
On Friday (March 21, 2025), the Supreme Court stated that false information and rumours were being spread about an “incident” at the home of Delhi High Court Judge Justice Yashwant Varma, suggesting that this led to his transfer. The Court clarified that the transfer decision was unrelated to the incident.
What was the Supreme Court’s response to the reports regarding the incident at Justice Yashwant Varma’s residence?
- Rejection of Misinformation: The Supreme Court dismissed media reports about a “huge pile of cash” being recovered during a fire at Justice Varma’s residence. Example: It stated that rumours and misinformation were being spread, clarifying that the reports were not verified facts.
- Clarification on Transfer Proposal: The Court confirmed that Justice Varma’s transfer to Allahabad High Court was an independent decision, unrelated to the in-house enquiry into the incident. Example: It emphasized that the transfer process had been initiated separately and was being reviewed by the Collegium before the enquiry even began.
- Confidentiality of the Enquiry Process: The Supreme Court maintained that the in-house enquiry was confidential and aimed at preserving judicial integrity. Example: The Court cited the 2015 Additional District and Sessions Judge ‘X’ vs. Registrar General, MP High Court judgment, which ensures fairness in such proceedings.
Removal of Judges in the Higher Judiciary:
- Impeachment Process:
- Judges of the Supreme Court and High Courts can only be removed by impeachment, which requires a motion signed by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- The impeachment motion is investigated by a three-member judicial committee, and if the committee finds merit in the allegations, Parliament votes on the motion.
- A 2/3rd majority is needed in both Houses for removal.
- Parliament can, however, consider a motion to impeach a judge according to the procedure laid down in the Judges (Inquiry) Act, 1968.
What is in-house enquiry?
- The CJI can initiate an in-house inquiry in the event of serious allegations against a judge. This process involves the Chief Justice of the High Court submitting a report, and if the allegations are deemed serious, a three-member committee is constituted to investigate the matter.
- If the committee recommends removal, the CJI may advise the judge to resign. If the judge refuses, their judicial work is withdrawn, and impeachment proceedings may be initiated.
What is the legal precedence of it?
- Justice V. Ramaswami Case (1991): One of the first instances where an impeachment motion was attempted against a sitting Supreme Court judge, highlighting the importance of in-house mechanisms before formal parliamentary action.
- Additional District and Sessions Judge ‘X’ vs. Registrar General, High Court of Madhya Pradesh (2015): This case outlined the two-stage procedure for in-house enquiries, emphasizing exclusion of bias and ensuring due process in judicial investigations.
- In re: Justice C.S. Karnan (2017): The Supreme Court invoked its contempt jurisdiction against a sitting High Court judge, Justice C.S. Karnan, highlighting the limitations of in-house procedures when misconduct disrupts judicial functioning.
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Why did the Supreme Court emphasize that the transfer proposal for Justice Yashwant Varma was independent of the in-house enquiry?
- To Prevent Misinterpretation of Judicial Transfers: The Supreme Court clarified that the transfer was part of routine administrative decisions, not a punitive action linked to the enquiry. Example: Justice Varma’s transfer was to his parent High Court (Allahabad), where he would be ninth in seniority, a common practice for judges.
- To Uphold the Collegium’s Credibility: The Court ensured that the Collegium’s decisions were based on judicial requirements, not external events. Example: The Collegium followed its standard procedure of consulting judges and the Chief Justices of the concerned High Courts before deciding on the transfer.
- To Avoid Pre-Judgment of the Enquiry Outcome: If the transfer was seen as linked to the enquiry, it could imply guilt before a formal investigation was concluded. Example: The Court confirmed that the Delhi High Court Chief Justice had initiated the enquiry separately, even before the Collegium met on March 20, 2025.
- To Maintain Judicial Independence and Fairness: Judges must be free from undue influence, and linking transfers to allegations could undermine judicial autonomy. Example: The Court cited the in-house enquiry framework, which ensures that any probe follows due process before any action is taken.
- To Protect the Reputation of the Judiciary: Associating the transfer with allegations could harm the judge’s integrity and create unnecessary controversy. Example: The Supreme Court press note stressed that the transfer decision was made on administrative grounds, separate from any enquiry findings.
What is the process of judicial transfers in India?
- Initiation by the Chief Justice of India (CJI): The transfer of High Court judges is initiated by the CJI in consultation with the Collegium, which includes the four senior-most Supreme Court judges. Example: In 2021, Justice Sanjib Banerjee was transferred from the Madras High Court to the Meghalaya High Court, reportedly due to administrative reasons.
- Consultation with the Government and Affected Judges: The Union Law Ministry processes the recommendation and seeks the President’s approval. The judge being transferred is consulted, but their consent is not required. Example: Justice Akil Kureshi’s transfer from Gujarat High Court to Tripura High Court in 2019 sparked debates about judicial independence.
- Final Approval by the President of India: After receiving recommendations from the CJI and the Collegium, the President issues a formal order for the transfer under Article 222 of the Constitution. Example: Justice Vijaya Kapse-Tahilramani resigned in 2019 after being transferred from the Madras High Court to the Meghalaya High Court.
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How does the in-house enquiry procedure against sitting High Court judges ensure fairness and prevent bias?
- Two-Stage Investigation Process: The procedure involves an initial assessment by the Chief Justice of the concerned High Court, followed by a deeper probe if required, ensuring a systematic and impartial review. Example: In Justice Yashwant Varma’s case, the Delhi High Court Chief Justice first examined the allegations before forwarding a report to the Chief Justice of India (CJI) for further action.
- Principles of Natural Justice: The accused judge is given a fair opportunity to present their defense before any decision is made, preventing arbitrary actions. Example: If the CJI determines a deeper probe is needed, a three-member committee (two Chief Justices and one High Court judge) is formed, ensuring multiple perspectives in the investigation.
- Confidentiality to Protect Integrity: The enquiry remains confidential to prevent media trials and undue reputational damage before conclusions are drawn. Example: The Supreme Court’s press note stated that the findings of the Delhi High Court’s in-house enquiry would be examined privately before deciding on further action.
Way forward:
- Strengthening Transparency and Communication: The judiciary should proactively address misinformation by issuing timely clarifications and making non-confidential aspects of administrative decisions more accessible to prevent speculation and misinterpretation.
- Enhancing Institutional Safeguards: The in-house enquiry mechanism should be periodically reviewed to ensure procedural robustness, fairness, and adaptability while maintaining judicial integrity and independence.
Mains PYQ:
Question: “Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment. (2023)
Reason: The proposed transfer of a High Court judge, especially amidst “rumours” touches upon the independence of the judiciary. While the Supreme Court clarifies the transfer is unrelated to the “incident” and in-house inquiry, questions about maintaining judicial independence in the face of potential external pressures or perceptions remain pertinent.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Public Accounts Committee, Swadesh Darshan Scheme (SDS)
Why in the News?
The Public Accounts Committee (PAC) has criticized the Ministry of Tourism for the poor execution of the Swadesh Darshan Scheme and highlighted lapses in planning, approvals, and project execution.
About Public Accounts Committee (PAC):
- The PAC was established in 1921 under the Government of India Act, 1919.
- It consists of 22 members, with 15 from the Lok Sabha and 7 from the Rajya Sabha, who are elected annually.
- The Chairman of the committee is traditionally selected from the Opposition since 1967.
- The PAC plays a crucial role in examining the audit reports of the Comptroller and Auditor General (CAG), focusing on public expenditure.
- It ensures that funds are utilized efficiently, and it checks for irregularities, corruption, waste, and inefficiencies in government spending.
About Swadesh Darshan Scheme (SDS):
- The Swadesh Darshan Scheme was launched in 2015 by the Ministry of Tourism.
- Objective: Developing theme-based tourist circuits such as Buddhist, Coastal, Heritage, and Eco-tourism circuits in India, emphasising sustainable tourism.
- The scheme is 100% centrally funded, and it provides financial assistance to state governments, Union Territory administrations, and central agencies for the development of tourism infrastructure.
- Swadesh Darshan 2.0 scheme (which began from January 2023) adopts a more holistic approach, shifting from circuit-based tourism to a destination-centric model.
- This new version aims to encourage private sector investment in tourism and hospitality, aligning with India’s ‘Vocal for Local’ and Aatmanirbhar Bharat vision.
- It prioritizes long-term growth and the development of sustainable tourism destinations.
- The Challenge-Based Destination Development (CBDD) is a sub-scheme under Swadesh Darshan 2.0, focusing on the competitive development of tourism destinations.
- This initiative aims to foster sustainability, digitalization, skill development, MSME support, and effective management, ensuring that the tourism sector thrives in a more modern and organized manner.
PYQ:
[UPSC 2007] Consider the following statements:
1. The Chairman of the Committee on Public Accounts is appointed by the Speaker of the Lok Sabha.
2. The Committee on Public Accounts comprises Members of Lok Sabha, Members of Rajya Sabha, and a few eminent persons of industry and trade.
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 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Arctic Council
Why in the News?
The Russian Ambassador to India recently stated that Russia views India’s interest in the Arctic as a “stabilizing factor.”
India-Russia Collaboration in the Arctic
India and Russia have strengthened their cooperation in the Arctic, focusing on scientific research, energy resources, and shipping routes:
- Energy Resources: Joint ventures in Arctic oil and gas extraction, particularly in the Dolginskoye oil field and Vostok oil cluster.
- Northern Sea Route (NSR): India and Russia are working to improve shipping through the NSR, aiming to reduce shipping costs and improve connectivity.
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About India’s Arctic Policy
- India’s Arctic Policy was launched by the Ministry of Earth Sciences in 2022, taking a comprehensive approach that involves multiple sectors, including scientific, environmental, economic, and strategic interests.
- It focuses on sustainability, aiming to protect the environment while exploring opportunities in energy resources, shipping routes, and scientific collaboration.
- The policy includes 6 key pillars:
- Science and Research: Focus on climate change, geosciences, and polar biology.
- Climate and Environmental Protection: Ensuring development does not compromise the Arctic ecosystem.
- Economic and Human Development: Exploring opportunities in energy extraction and shipping.
- Transportation and Connectivity: Enhancing access to Arctic shipping routes.
- Governance and International Cooperation: Strengthening ties with international partners like the Arctic Council.
- National Capacity Building: Developing expertise in Arctic research and polar navigation.
- The policy acknowledges the geopolitical dynamics of the Arctic and seeks to balance scientific, economic, and strategic interests.
India’s Mission to the Arctic
- India’s Arctic mission began in 2007, with its first research mission focused on microbiology, atmospheric sciences, and geology. India also established its research base, Himadri, in the Arctic in 2008. Recent advancements include:
- In 2023, India conducted winter expedition in polar night conditions to study climate change, sea-ice dynamics, and ocean circulation.
- India collaborates with Russia, Norway, and other Arctic nations through research institutes and joint expeditions.
- India’s focus is on understanding the Arctic’s impact on climate change and its effects on weather patterns, particularly in South Asia.
Back2Basics: Arctic Council
- The Arctic Council, established in 1996, is an intergovernmental forum for cooperation among Arctic states.
- The Council includes 8 Arctic countries and permanent participants from indigenous Arctic communities. Its focus is on environmental protection, sustainable development, and scientific research.
- India has been an observer since 2013, contributing to scientific research, climate change discussions, and policy frameworks.
- The Council’s activities were suspended in 2022 due to rising tensions from militarization by NATO countries.
- Despite this, India continues to engage constructively with the Council.
- India’s participation in the Arctic Council highlights the global importance of Arctic issues, particularly regarding climate change and energy security.
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PYQ:
[UPSC 2015] The term ‘IndARC’, sometimes seen in the news, is the name of:
(a) an indigenously developed radar system inducted into Indian Defence
(b) India’s satellite to provide services to the countries of Indian Ocean Rim
(c) a scientific establishment set up by India in Antarctic region
(d) India’s underwater observatory to scientifically study the Arctic region
[UPSC 2018] Why is India taking keen in resources of Arctic region?
[UPSC 2015] What are the economic significances of discovery of oil in Arctic Sea and its possible environmental consequences? |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: World Happiness Index
Why in the News?
India has improved its position in the World Happiness Report 2025, climbing to 118th place among 147 countries, up from 126th last year.
About the World Happiness Index (WHI)
- The WHI is part of the World Happiness Report, a global survey conducted by the Sustainable Development Solutions Network (SDSN), an initiative of the United Nations.
- The report ranks countries based on citizens’ self-reported happiness, focusing on life satisfaction and overall well-being.
- The rankings are primarily based on data gathered from the Gallup World Poll, where individuals rate their own lives on a 0-10 scale using the Cantril Ladder method.
- 6 key factors influence these evaluations:
- GDP per capita
- Healthy life expectancy
- Social support
- Freedom
- Generosity
- Perception of corruption
Key Highlights of the World Happiness Report 2025:
- Top Countries: Finland remains the happiest country for the eighth consecutive year. Denmark, Iceland, and Sweden are also in the top ranks. Costa Rica (6th) and Mexico (10th) entered the top 10 for the first time. Israel ranked 8th despite conflicts.
- Declining Happiness in Western Nations: The United States dropped to 24th, and the United Kingdom fell to 23rd, with both countries experiencing increased social isolation.
- Least Happy Countries: Afghanistan remains the least happy, with Sierra Leone and Lebanon also in the bottom three.
- India’s Improvement:
- India improved its ranking from 126th to 118th, with its happiness score rising from 4.054 to 4.389.
- Despite its economic growth, technological advancements, and improvements in healthcare and education, it continues to rank lower than its neighboring countries like Pakistan (109th).
PYQ:
[UPSC 2004] Human Development Index comprises literacy rates, life expectancy at birth and-
(a) Gross Domestic Product per head in US dollars
(b) Gross National Product per head in US dollars
(c) Purchasing Power Parity in US dollars
(d) National Income per head in US dollars |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Special Category Status
Why in the News?
The Nitish Kumar government in Bihar renewed its demand for Special Category Status (SCS) before the 16th Finance Commission, which is currently touring the state.
About Special Category Status (SCS)
- Special Category Status (SCS) is a classification granted to specific states in India facing geographical, socio-economic, and infrastructural challenges.
- It provides special financial assistance for their development.
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- Introduced in 1969 following the recommendations of the Fifth Finance Commission, based on the Gadgil formula for fund allocation.
- Initially granted to Assam, Jammu & Kashmir, and Nagaland, with other states like Himachal Pradesh, Manipur, Uttarakhand, and Telangana added later.
- Eligibility Criteria (Based on the Gadgil Formula): States must meet at least one of the following:
-
- Hilly terrain: Challenging geography impeding development.
- Low population density or a large tribal population.
- Strategic location near international borders.
- Economic and infrastructural backwardness.
- Non-viable state finances: Financial instability due to lack of resources.
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- Financial Assistance: 90% grants for centrally sponsored schemes (vs. 30% for non-SCS states).
- Special Plan Assistance: Additional funds for national importance projects.
- Tax Benefits: Concessions on excise, income, and corporate taxes (many subsumed under GST).
- Carry-Forward of Unspent Funds: Funds are carried forward to the next year.
- Higher Budget Allocation: 30% of the Centre’s budget allocated to SCS states.
Assessment of Bihar’s Demand:
- Industrial Backwardness: Lack of industrial development, worsened by state bifurcation in 2000.
- High Poverty Levels: One of the highest poverty rates in India, with low per capita GDP.
- Frequent Natural Disasters: Floods and droughts severely impact agriculture.
- Infrastructure Deficiencies: Insufficient irrigation and water systems hinder agricultural productivity.
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About the Finance Commission
- The Finance Commission is created every 5 years to allocate financial resources from the Centre to states, based on Article 280 of the Constitution.
- Composition: Consists of a chairman and four other members appointed by the President.
- Qualifications: Members must have specialized knowledge in finance, economics, accounts, or administration.
- The Fifteenth Finance Commission’s recommendations are valid till 2025-26.
- Terms of Reference for 16th FC: Division of tax proceeds, principles for grants-in-aid, enhancing state funds for local bodies, and evaluation of disaster management financing.
PYQ:
[2023] Consider the following:
- Demographic performance
- Forest and ecology
- Governance reforms
- Stable government
- Tax and fiscal efforts
For the horizontal tax devolution, the Fifteenth Finance Commission used how many of the above as criteria other than population area and income distance?
(a) Only two
(b) Only three
(c) Only four
(d) All five |
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PYQ Relevance:
Q 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. (UPSC 2024)
Reason: This question relates to the broader issue of systemic barriers preventing marginalized groups from accessing their rights and benefits, which is relevant to the discriminatory impact of habitual offender laws. |
Mentor’s Comment: The Supreme Court’s questioning of habitual offender laws highlights their colonial origins and continued misuse against Denotified Tribes, raising concerns about constitutional validity and human rights. Despite the repeal of the Criminal Tribes Act in 1952, similar state laws persist, leading to discrimination. The UN and human rights bodies urge India to repeal them.
This issue is crucial for GS-2 (Governance & Social Justice), GS-3 (Internal Security), and Ethics, showcasing the need for legal reforms to balance security with civil liberties.
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Let’s learn!
Why in the News?
Recently, the Supreme Court of India has questioned the need for old laws that label some criminals as “habitual offenders.
What is “habitual offenders”?
A habitual offender is a person repeatedly convicted of crimes, often subject to stricter surveillance or penalties under special laws. In India, such classifications have historically targeted marginalized communities, including Denotified Tribes, leading to discrimination. The Supreme Court has questioned the constitutional validity of these laws, urging their review.
What is the origin of the ‘habitual offender’ classification?
- Colonial-Era Criminalization (1793-1871) – The process began with Regulation XXII of 1793, which allowed magistrates to imprison or put to work certain tribes based on suspicion. The Indian Penal Code (1860) and Criminal Procedure Code (1861) introduced a system for maintaining registers of “dacoits and thugs,” leading to the Criminal Tribes Act (CTA) of 1871, which officially labeled entire communities as “criminal tribes.”
- Post-Independence Repeal & Denotification (1949-1952) – The Criminal Tribes Act Enquiry Committee (1949-50) recommended repealing the CTA, leading to its abolition in 1952. Communities previously classified as criminal were denotified and categorized as Denotified, Nomadic, and Semi-Nomadic Tribes (DNT, NT, SNT).
- State-Level Habitual Offender Laws (1948-Present) – After CTA’s repeal, States enacted habitual offender laws, shifting the focus from communities to individuals with past convictions. However, the Lokur Committee (1965) continued to view denotified tribes as having an “anti-social heritage,” reinforcing stereotypes.
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What has the Supreme Court of India said about the classification of “habitual offenders”?
- Constitutional Suspect & Targeting of Denotified Tribes – In October 2023, the Supreme Court of India questioned the very basis of the “habitual offender” classification, calling it “constitutionally suspect” and stating that it was being used to target members of denotified tribes unfairly. Example: The SC pointed out that in states like Rajasthan, prison manuals explicitly referred to denotified tribes as “habitual offenders”, perpetuating historical discrimination.
- Whole Communities Cannot Be Criminalized – The Court emphasized that no entire community should be labeled as criminals, just as was done under the colonial-era Criminal Tribes Act (CTA) of 1871, which was repealed in 1952. Example: The SC noted that habitual offender laws essentially replaced the CTA, reinforcing stereotypes against denotified tribes and nomadic groups.
- Urged States to Review and Repeal the Laws – While deciding a case on caste discrimination in prisons, the SC urged state governments to review whether such laws were necessary and ensure that they are not used for social discrimination. Example: In response, Punjab and Odisha stated they had not implemented the law in over five years, and Andhra Pradesh reported that no prisoners were classified under it.
Why were certain communities historically criminalized under colonial laws like the Criminal Tribes Act of 1871?
- Colonial Control & Surveillance – The British classified certain nomadic and tribal communities as “criminal tribes” to maintain strict surveillance and control over mobile populations they saw as a threat to law and order. These groups did not conform to settled agricultural lifestyles, making them difficult to regulate. Example: The Lambada (Banjara) community, traditionally nomadic traders, were branded as criminals to restrict their movement.
- Perceived Threat to British Interests – Many of these communities had been warriors, rebels, or supporters of local rulers who resisted British rule. The British saw them as a security threat and sought to suppress their influence. Example: The Thuggee suppression campaign led to the criminalization of Thuggee gangs, whom the British accused of organized robbery and ritual killings, justifying mass arrests and executions.
- Economic & Labor Exploitation – By labeling entire communities as criminal, the British forced them into state surveillance systems, making it easier to recruit them for low-wage, bonded labor. Many were compelled to work under colonial infrastructure projects.Example: Members of the Domb and Kuruva communities were used for forced labor in road and railway construction.
- Social & Racial Stereotyping – The British imposed their own racial biases, believing certain castes and tribes were inherently criminal or “born criminals.” They institutionalized these stereotypes in official records, further marginalizing these groups. Example: The Sansis and Pardhis, historically hunter-gatherers, were deemed criminal simply because of their alternative livelihoods.
- Weakening Indigenous Resistance & Policing Society – The act helped British authorities justify mass surveillance, arrests, and forced resettlement, weakening traditional structures of self-governance and making people more dependent on the colonial system. Example: The Kolis in western India, once involved in anti-British uprisings, were listed as habitual offenders, stripping them of economic and political power.
Which states have repealed or discontinued the implementation of habitual offender laws?
- Haryana: The state has officially repealed its habitual offender laws, removing such legislation from its legal framework.
- Punjab: While the habitual offender law has not been formally repealed, Punjab has effectively discontinued its application. Over the past five years, the state has neither maintained registers of habitual offenders nor issued any related orders, indicating a de facto cessation of the law’s enforcement.
- Odisha: Similarly, Odisha has not registered any cases under its habitual offender law in the last five years, effectively discontinuing its implementation.
- Andhra Pradesh: The state has confirmed that no individuals are currently imprisoned under the habitual offender law, indicating its non-enforcement.
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How have international organizations like the United Nations responded to India’s habitual offender laws?
- UN Special Rapporteurs’ Criticism (2021-2022): UN Special Rapporteurs on Contemporary Forms of Racism and Minority Issues have criticized India’s habitual offender laws for disproportionately targeting certain marginalized communities, such as Denotified Tribes (DNTs).
- They have highlighted that these laws perpetuate colonial-era stigmatization and violate international human rights principles.
- Universal Periodic Review (UPR) at the UNHRC (2017, 2022): India’s Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC) has featured discussions on the criminalization of DNTs and the misuse of habitual offender laws.
- International Covenant on Civil and Political Rights (ICCPR) Concerns: The UN Human Rights Committee, which oversees compliance with the ICCPR, has expressed concerns that habitual offender laws violate fundamental rights, including protection from arbitrary detention (Article 9) and non-discrimination (Article 26).
- Example: The Committee has asked India to review laws that enable police to harass and surveil individuals based on past convictions rather than actual offenses.
- UN Committee on the Elimination of Racial Discrimination (CERD) Recommendations: The CERD has criticized habitual offender laws for reinforcing caste-based and ethnic discrimination, particularly against nomadic and semi-nomadic tribes.
- Example: The CERD has urged India to repeal these laws and introduce policies that protect the rights of Denotified Tribes instead of labeling them as criminals.
- Reports by UN Agencies and Human Rights Organizations: Reports by UNICEF and the OHCHR (Office of the High Commissioner for Human Rights) have highlighted how habitual offender laws restrict freedom of movement and socio-economic opportunities for affected communities.
- Example: Human Rights Watch (HRW) and Amnesty International have also supported UN recommendations, calling for legal reforms to eliminate discrimination against DNTs and other marginalized groups.
Way forward:
- Legal Reforms & Repeal of Habitual Offender Laws: States should review and repeal habitual offender laws that disproportionately target Denotified Tribes (DNTs) and marginalized groups. The government should enact rehabilitation policies to ensure socio-economic inclusion instead of criminal surveillance.
- Human Rights-Based Approach & Community Integration: Need to Implement affirmative action programs for DNTs, including access to education, employment, and legal aid.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to multilateral institutions;
Why in the News?
The US’s independent actions could lead to global pushback, but they also create an opportunity for non-Western nations to step up as leaders.
What are the key multilateral institutions and agreements from which the U.S. has signalled withdrawal under the Trump administration?
- World Health Organization (WHO): The U.S. announced withdrawal in 2020, accusing WHO of mishandling the COVID-19 pandemic and being overly influenced by China.
- United Nations Human Rights Council (UNHRC): The U.S. exited in 2018, citing alleged bias against Israel and ineffective handling of human rights abuses.
- Paris Climate Agreement: The U.S. formally withdrew in 2020, arguing that the agreement unfairly burdened its economy while benefiting competitors like China and India. Example: The withdrawal slowed global climate efforts, as the U.S. is one of the largest carbon emitters.
- International Criminal Court (ICC): The U.S. imposed sanctions on ICC officials in 2020, rejecting its authority over American troops and allies. Example: Sanctions were placed on ICC officials investigating alleged U.S. war crimes in Afghanistan.
- World Trade Organization (WTO): The U.S. blocked appointments to the WTO Appellate Body, crippling its ability to resolve trade disputes. Example: This led to a breakdown in the global trade dispute resolution system, impacting countries like India and China.
What is the DEFUND Act?
The Disengaging Entirely from the United Nations Debacle (DEFUND) Act is a proposed U.S. legislation introduced by Senator Mike Lee. It seeks to completely withdraw the U.S. from the United Nations (UN), repeal key participation laws, cut all funding, and revoke diplomatic immunity for UN officials within the U.S. |
Why does the proposed DEFUND Act pose a threat to the legitimacy of the United Nations?
- Financial Crisis for the UN: The U.S. is the largest financial contributor to the UN, funding around 22% of its budget. The DEFUND Act would halt all U.S. contributions, severely affecting UN operations. Example: The UN’s peacekeeping missions and humanitarian aid programs in conflict zones like Syria and Yemen would face funding shortages.
- Weakening of Multilateral Cooperation: The Act would repeal key legislation like the United Nations Participation Act of 1945, severing U.S. engagement with the UN. This could encourage other nations to follow suit, undermining the UN’s credibility. Example: Without U.S. involvement, the UN Security Council may struggle to enforce resolutions, reducing its effectiveness in global crisis management.
- Legal and Diplomatic Challenges: The Act would revoke the diplomatic immunity of UN officials in the U.S., disrupting UN functions and diplomatic activities. Example: The UN Headquarters in New York might face operational difficulties, making it harder to conduct international negotiations.
How has the U.S. administration’s stance on the International Criminal Court (ICC) impacted global accountability for human rights violations?
- Undermining International Justice Mechanisms: The U.S. imposed sanctions on ICC officials in 2020, accusing the court of targeting American personnel and allies. This weakened the ICC’s ability to investigate war crimes and crimes against humanity, particularly in conflict zones like Afghanistan and Palestine.
- Encouraging Non-Cooperation with the ICC: The U.S.’s non-recognition of the ICC has emboldened other nations to ignore its rulings, reducing its global influence. Countries under investigation may refuse cooperation, limiting the court’s effectiveness in ensuring accountability.
- Example: Israel rejected ICC jurisdiction in its war crimes probe in Palestinian territories, citing U.S. opposition to the investigation.
- Weakening the Principle of Universal Justice: By discrediting the ICC and blocking investigations, the U.S. has set a precedent for selective justice, where powerful nations can evade accountability while weaker states remain subject to scrutiny.
- Example: The ICC struggles to prosecute major powers like China or Russia, as the U.S.’s stance encourages a lack of enforcement in high-stakes human rights cases.
What are the chances for non-Western nations to assume global leadership roles?
- Expanding Economic and Political Influence – Emerging economies like China, India, and Brazil are increasing their global footprint through trade, technology, and strategic alliances.
Example: China’s Belt and Road Initiative (BRI) enhances its economic influence across Asia, Africa, and Europe.
- Strengthening Regional and Multilateral Institutions – Non-Western nations are actively shaping global governance through regional organizations and alternative institutions.
Example: The BRICS bloc (Brazil, Russia, India, China, South Africa) launched the New Development Bank (NDB) as an alternative to Western-led financial institutions.
- Leadership in Global Crisis Management – Developing nations are taking initiative in addressing global challenges like climate change, health crises, and digital transformation.
Example: India’s Vaccine Maitri initiative supplied COVID-19 vaccines to over 100 countries, reinforcing its role in global health diplomacy.
What would be the impact on India?
- Challenges to Multilateralism and Global Governance: The U.S. exit from key institutions like the UN, WHO, and WTO weakens the global rules-based order, making international cooperation more fragmented. India, which strongly supports multilateral diplomacy, may face difficulties in global negotiations, including trade, climate change, and security.
- Example: The U.S. withdrawal from the Paris Climate Agreement (2017) reduced global climate finance commitments, impacting India’s renewable energy goals.
- Opportunity for India to Assume Leadership: As the U.S. retreats, India can play a more prominent role in shaping multilateral decision-making, advocating for reforms in the UNSC and WTO, and positioning itself as a bridge between developing and developed nations.
- Example: During the G-20 Foreign Ministers’ Meeting (2025), India emphasized the need for inclusive multilateralism, strengthening its diplomatic standing.
Way forward:
- Strengthen Multilateral Leadership – India should actively engage in UN reforms, WTO negotiations, and climate diplomacy, positioning itself as a stabilizing force in global governance.
- Diversify Strategic Alliances – India must deepen partnerships with EU, ASEAN, and African nations, enhancing trade, security, and diplomatic ties to counterbalance U.S. disengagement.
Mains PYQ:
Q “Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (UPSC 2020)
Reason: The World Health Organization (WHO) has faced calls for withdrawal by certain nations, highlighting a challenge to multilateral institutions. This PYQ directly assesses the role and, by extension, the relevance and effectiveness of the WHO in a global crisis, which is pertinent to discussions on the assault on multilateralism.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Digital Market challenges;
Why in the News?
On November 18, 2024, the Competition Commission of India (CCI) imposed a fine of ₹213.14 crore on Meta Platforms, Inc., for abusing its dominant position through WhatsApp’s 2021 Privacy Policy. This landmark decision underscores the growing intersection of competition law and data privacy, marking a significant step in regulating digital markets in India.
What were the key findings of the Competition Commission of India (CCI)?
- Abuse of Dominant Position in OTT Messaging & Online Advertising: CCI found that WhatsApp’s 2021 privacy policy update forced users to mandatorily consent to data sharing with Meta (Facebook, Instagram), strengthening WhatsApp’s dominance.
- Unfair Data Collection & Competitive Advantage: Meta leveraged WhatsApp’s vast user base to collect personal data, creating an unfair advantage in digital advertising by refining targeted ads.
- Potential Harm to Consumer Privacy & Competition: The policy update allowed cross-platform data sharing, which CCI considered an unfair trade practice that compromised user privacy and created barriers for rival messaging apps.
- Violation of Fair Market Practices & Entry Barriers: The data-sharing policy made it difficult for new entrants to compete, as they lacked access to similar user insights, reinforcing Meta’s market position. Example: Startups like Telegram faced challenges in growing due to WhatsApp’s entrenched market power and data-driven network effects.
- Imposition of Fine & Behavioral Remedies: CCI fined Meta ₹213.14 crore and imposed a five-year ban on sharing WhatsApp user data with Facebook and Instagram for advertising purposes. Example: This aimed to limit Meta’s ability to exploit its dominant position and create a level playing field in India’s digital ecosystem.
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Why did the National Company Law Appellate Tribunal (NCLAT) grant a stay on CCI’s five-year ban and penalty imposed on Meta?
- Prima Facie Case for Meta: NCLAT found grounds to review CCI’s decision, indicating that Meta’s appeal had merit and required further examination. Example: Meta argued that its privacy policy update did not force users but offered them a choice, which needed deeper legal scrutiny.
- Irreparable Harm to Meta’s Business: The five-year ban on sharing WhatsApp user data with Facebook and Instagram could cause significant financial and operational disruption to Meta’s business. Example: Meta claimed that restricting data integration would affect its targeted advertising model, reducing its revenue from India.
- Dominance and anti-competitive effects: NCLAT noted that CCI’s conclusions on abuse of dominance and anti-competitive effects required further legal and economic analysis before enforcement. Example: The tribunal wanted to assess whether the policy update genuinely harmed consumers or merely provided better services through personalized ads.
- Balance of Convenience: The tribunal ruled that temporarily halting the penalty and data-sharing ban would not cause immediate harm to consumers but would protect Meta from disproportionate damages while the case was under review. Example: If Meta had to immediately comply but later won the appeal, reversing the business impact would be difficult.
- Conditional Relief with Partial Penalty Payment: NCLAT granted the stay but directed Meta to deposit 50% of the ₹213.14 crore penalty, ensuring some accountability while legal proceedings continued. Example: This allowed Meta to continue operations without full compliance but ensured it remained engaged in the legal process.
How does data play a role in creating and sustaining dominance in digital markets?
- Data-Driven Network Effects: More users generate more data, which improves algorithms and services, attracting even more users, creating a self-reinforcing loop. Example: Google’s search engine improves as more users search, making its results better than competitors, reinforcing its market dominance.
- Competitive Barrier Through Data Aggregation: Large tech firms collect massive user data across multiple services, making it hard for new entrants to compete due to a lack of comparable datasets. Example: Meta collects data from Facebook, Instagram, and WhatsApp, allowing it to offer highly personalized ads, making it difficult for smaller ad platforms to compete.
- Monetization & Market Lock-In: Companies use vast data pools to refine targeted advertising, personalize user experiences, and create dependencies, discouraging users from switching. Example: Amazon leverages consumer purchase data to optimize product recommendations, making it harder for new e-commerce platforms to attract customers.
Which global regulatory actions have been taken against Meta and Google for their anti-competitive practices?
- Heavy Antitrust Fines: Governments have imposed billions in fines on Meta and Google for abusing their market dominance. Example: The European Commission fined Google €8 billion across three cases, including unfair dominance in mobile operating systems (Android) and online advertising.
- Similarly, the Bundeskartellamt (Germany’s Federal Cartel Office) found Meta guilty of merging user data without consent, violating EU competition law and GDPR.
- Structural and Behavioral Restrictions: Authorities have enforced regulatory measures like breaking up monopolistic control, imposing interoperability, and preventing self-preferencing. Example: The U.S. Federal Trade Commission (FTC) filed a lawsuit against Meta for acquiring Instagram and WhatsApp to eliminate competition.
- The Digital Markets Act (DMA) in the EU now mandates that dominant firms like Meta and Google ensure fair access to platforms, prevent self-preferencing, and allow third-party data-sharing.
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What should be amendments in India’s Competition Act, 2002 to address data-centric monopolies? (Way forward)
- Recognizing “Data Monopolization” as a Form of Market Power: The Act should explicitly define data dominance as a key factor in determining market power and abuse of dominance.
- Example: The EU’s Digital Markets Act (DMA) considers large data control a sign of dominance. India could adopt similar provisions to regulate companies like Meta and Google that leverage massive user data to eliminate competition.
- Mandatory Interoperability and Data-Sharing Regulations: The Act should mandate interoperability and restrict exclusive data-sharing agreements that create entry barriers for competitors.
- Example: In Germany, Meta was restricted from combining user data across platforms without explicit consent. Similarly, India could prevent dominant firms from self-preferencing their services and enforce data portability rules to promote fair competition.
Mains PYQ:
Q How have digital initiatives in India contributed to the functioning of the educational system in the country? Elaborate your answer.” (UPSC 2020)
Reason: This question underscores the significant impact of digital platforms on key sectors. The influence of digital giants extends to education (e.g., online learning platforms, content distribution), highlighting their pervasive role and the need for understanding and potentially regulating their impact.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sonic Weapon
Why in the News?
It is alleged that Serbian Police used a banned sonic weapon to disperse protesters in Belgrade.
What are Sonic Weapons?
- Sonic or acoustic weapons are devices designed to emit loud sounds over long distances, including both audible and inaudible sound waves.
- These waves can cause pain, discomfort, or disorientation.
- While sound amplifiers have been used for centuries, sonic weapons began being used for crowd control in the 1990s, with their first military use in Iraq in 2004.
- Working Mechanism: Sonic weapons use modern transducers to convert energy into concentrated sound, which can be controlled in terms of frequency, level, and duration.
Types of Sonic Weapons:
- Long-Range Acoustic Device (LRAD):
- Range: Up to 8,900 meters for intelligible speech.
- Sound Level: Can reach up to 160 dB, causing pain and potential hearing damage.
- Mosquito:
- Target Audience: Emits high-pitched sounds painful to younger people (teenagers and those in their twenties). Adults above 30 typically cannot hear it due to age-related hearing loss.
- Infrasonic Weapon:
- Sound Type: Delivers inaudible low-frequency sounds that cause pain and disorientation.
- Development: Still in early stages, with ongoing research into its full potential.
Health Implications:
- Short-Term exposure can cause tinnitus, headaches, nausea, and vertigo.
- Prolonged exposure may lead to permanent hearing damage, and symptoms like tinnitus can last for days.
PYQ:
[UPSC 2023] Consider the following statements regarding Agni-V and BrahMos Missiles:
1. Agni-V is a medium-range supersonic cruise missile, and BrahMos is a solid-fuelled intercontinental ballistic missile.
2. Both the missiles are developed under the Integrated Guided Missile Development Programme.
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 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Spring Equinox
Why in the News?
March 20 marks the arrival of the vernal equinox in the Northern Hemisphere, signaling the beginning of the spring season.
What are Equinoxes?
- An equinox occurs when the Earth’s axis is not tilted toward or away from the Sun, resulting in equal length of day and night across the planet.
- Equinoxes occur twice a year:
- Vernal Equinox: Around March 20-21, marking the beginning of spring in the Northern Hemisphere and fall in the Southern Hemisphere.
- Autumnal Equinox: Around September 22-23, marking the beginning of fall in the Northern Hemisphere and spring in the Southern Hemisphere.
- On an equinox, the Sun is directly above the Equator, leading to almost equal distribution of sunlight between the Northern and Southern Hemispheres.
- The equal length of day and night is observed, with each lasting approximately 12 hours.
What are Solstices?
- A solstice occurs when the Earth’s tilt is most extreme either towards or away from the Sun. This results in the longest or shortest day of the year in each hemisphere.
- Solstices occur twice a year:
- Summer Solstice (Northern Hemisphere): Around June 20-22, marking the longest day and shortest night of the year, as the Northern Hemisphere is tilted toward the Sun.
- Winter Solstice (Northern Hemisphere): Around December 20-23, marking the shortest day and longest night of the year, as the Northern Hemisphere is tilted away from the Sun.
- Solstices create unequal distribution of sunlight, with one hemisphere receiving significantly more or less sunlight than the other.
Cultural Significance of the Equinox:
- Nowruz, celebrated on the vernal equinox, marks the beginning of the Persian New Year.
- The festival has been celebrated for over 3,000 years by the Zoroastrian community, including the Parsi community in India.
- Vernal Equinox Day is a national holiday in Japan, celebrating the arrival of spring.
- Easter, one of the most significant days in Christianity, is determined based on the first Sunday after the first full moon following the vernal equinox.
- Passover, the Jewish festival, begins on the first full moon after the vernal equinox.
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PYQ:
[UPSC 2019] On 21st June, the Sun
(a) does not set below the horizon at the Arctic Circle
(b) does not set below the horizon at Antarctic Circle
(c) shines vertically overhead at noon on the Equator
(d) shines vertically overhead at the Tropic of Capricorn |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Health Expenditure Share of GDP
Why in the News?
The Union government has steadily increased its spending on healthcare, with the expenditure rising to 1.84% of GDP in 2021-22, up from 1.15% in 2013-14.
Overview of India’s Health Expenditure
- India has shown a consistent increase in government spending on healthcare, reflecting a growing commitment to improving the public healthcare system.
- As of 2021-22, government health expenditure (GHE) rose to 1.84% of GDP, up from 1.15% in 2013-14, and is on track to meet the National Health Policy 2017 target of 2.5% of GDP by 2025.
- The rise in health expenditure has been particularly significant post–COVID-19, with a 37% increase in government spending from 2020-21 to 2021-22.
- This has led to better healthcare accessibility, reduced financial burden on individuals, and greater focus on strengthening healthcare infrastructure.
What is Total Health Expenditure?
- Total Health Expenditure (THE) refers to the sum of all current and capital expenditures incurred by the government, private sector, and external sources for healthcare purposes in a given period.
- This includes:
- Current Health Expenditure (CHE): Ongoing spending on healthcare services, such as hospitals, doctor visits, and medical supplies.
- Capital Expenditure: Investments in healthcare infrastructure, such as building hospitals or purchasing medical equipment.
- In 2020-21, India’s THE was estimated at ₹7,39,327 crores, constituting 3.73% of GDP, with a per capita expenditure of ₹5,436.
- In 2021-22, this figure increased to ₹9,04,461 crores, representing 3.83% of GDP, reflecting a proactive government response to healthcare challenges and pandemic management.
Reasons for Reduced Out-of-Pocket Expenditure (OOPE)
The reduction in OOPE can be attributed to:
- Increased government health spending, making healthcare more affordable.
- Expansion of public health services, including vaccination and preventive care.
- Growth in government-funded health insurance and social security programs, reducing reliance on personal funds.
- Health initiatives like Ayushman Bharat have eased the financial burden.
- Improved public healthcare access and financial protection have reduced hardship for low- and middle-income families.
PYQ:
[2021] “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Potteries in Ancient India
Why in the News?
This newscard is an excerpt and extension of the original article published in the Indian Express.
Types of Potteries in Ancient India:
- Neolithic Age (10000 BCE): Pottery in this period was handmade, with rough, unglazed surfaces. Later, the footwheel was introduced, making pottery shaping more refined. Materials like clay, mica, and sand were used.
- Chalcolithic Age (4500-2000 BCE): The main pottery types during this era were Black-and-Red Ware, Black-on-Red Ware, and Ochre Colored Pottery (OCP). These were seen in cultures like Ahar-Banas and Jorwe, often featuring geometric designs.
- Indus Valley Civilization (3300-1500 BCE): Pottery was wheel-thrown, with both polished and unpolished varieties. Common pottery types included Black-and-Red Ware and Painted Grey Ware, adorned with geometric patterns and depictions of animals and plants.
- Vedic Era (1500-500 BCE): During this period, Painted Grey Ware (PGW) became prominent, characterized by fine grey pottery with black geometric patterns. Northern Black Polished Ware (NBPW) emerged, glossy and associated with the elite for its fine finish.
- Mauryan and Gupta Periods: The Mauryan period continued the use of NBPW, while the Gupta period introduced redware pottery. The Kushana period added red polished ware with stamped designs.
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Rise in Mercantile Activities and Evolution of Pottery Styles:
- The Vedic period saw the emergence of Painted Grey Ware (PGW), often linked with the Mahabharata and Ramayana.
- With the rise of Buddhism, Jainism, and urbanization, NBPW emerged during the Mahajanapada period.
- Glazed porcelain was introduced around 1000 AD through trade with China and Muslim traders, significantly influencing India’s pottery tradition.
How Pots are integral to understanding Culture?
- Material Culture: Pottery is a direct reflection of daily life and technological expertise. It reveals how ancient societies lived, worked, and expressed their culture through artistic and functional objects.
- Socio-Economic Indicators: The types of pottery indicate economic status. Luxury pottery like NBPW was reserved for the elite, while more common pottery suggests the everyday life of the broader society.
- Cultural and Religious Practices: Pottery had significant ritualistic and symbolic importance, used in religious ceremonies and burial rituals. Specific pots represented deities or were filled with sacred items like coconuts, bananas, and flowers.
- Technological and Artistic Development: The evolution of pottery-making, from handmade to wheel-thrown pottery, marks the increasing technological and artistic sophistication of ancient civilizations, highlighting advancements in both craftsmanship and creativity.
- Chronological Understanding: Pottery helps date ancient sites, providing key insights into the timeline of cultural and technological progress. It allows historians to map out the development of civilizations and better understand their historical context.
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PYQ Relevance:
Q “The states in India seem reluctant to empower urban local bodies both functionally as well as financially.” Comment. (2023)
Reason: It touches upon the broader theme of federalism and the distribution of power within the Indian political system, which is relevant to concerns about the Union government’s role and potential influence in the delimitation process. |
Mentor’s Comment: The ongoing debate on delimitation raises concerns about power imbalances, particularly for southern States. A democratic approach could freeze parliamentary seats while increasing Assembly seats in high-growth States. Strengthening zonal councils and reviving the dormant Inter-State Council (inactive since 2016) can ensure balanced representation, fostering cooperative federalism and addressing regional disparities effectively.
Today’s editorial highlights the debate on delimitation raises concerns about power imbalances, particularly for southern States. This content would help in GS paper 2 (representation in Parliament) and GS 3 ( Internal security issues arise due to it).
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Let’s learn!
Why in the News?
Another risk of delimitation is the division of electoral constituencies based on religion or community.
What are the risks of dividing electoral constituencies based on religion or community during delimitation?
- Gerrymandering to Favor Specific Communities: Delimitation can be used to redraw boundaries in a way that benefits certain religious or ethnic groups while marginalizing others. Example: In Jammu & Kashmir (2022), Hindu-majority areas in Jammu received more seats despite having a lower population compared to Muslim-majority Kashmir
| Note: Gerrymandering means changing the size and borders of an area for voting in order to give an unfair advantage to one party in an election |
- Reduced Political Representation for Minority Groups: If constituencies are redrawn to dilute minority votes, their political influence can weaken, leading to unfair representation. Example: In Assam (2023), boundary changes in Muslim-majority areas reportedly made it harder for their votes to impact election outcomes.
- Increased Social and Political Divisions: When constituencies are created along religious lines, it can deepen communal tensions and polarize elections. Example: In Uttar Pradesh, past constituency adjustments have led to concerns that Muslim-majority areas were fragmented to reduce their electoral strength.
What are the key concerns regarding the fresh delimitation of legislative constituencies in India?
- Population-Based Seat Allocation May Reduce Representation for Progressive States: Delimitation based on population growth would increase parliamentary seats for northern States (e.g., Uttar Pradesh, Bihar) while reducing influence for southern States (e.g., Tamil Nadu, Kerala), which have controlled population growth through successful policies.
- Risk of Communal Gerrymandering: Past delimitation exercises, such as in Jammu & Kashmir (2022) and Assam (2023), suggest that constituency boundaries may be redrawn to benefit certain religious or ethnic groups, marginalizing minorities.
- Disproportionate Voter Representation: Unequal constituency sizes create voter disparities. For instance, in Jammu & Kashmir, Hindu-majority seats had smaller electorates (as low as 50,000), while Muslim-majority seats had much larger voter populations (up to 1.92 lakh).
- Potential Weakening of Federalism: Southern States fear that increased parliamentary seats for northern States could shift national policymaking priorities away from their economic and developmental interests, reducing their influence in governance.
- Lack of Institutional Safeguards Against Political Manipulation: Bodies like the Inter-State Council (dormant since 2016) and Zonal Councils (irregular meetings) are weak, limiting their role in addressing regional concerns, leaving room for politically motivated delimitation decisions.
Why are the Southern States apprehensive about the potential power imbalance due to delimitation?
- Population Control Efforts Could Lead to Reduced Representation: Southern States like Tamil Nadu, Kerala, Karnataka, and Andhra Pradesh have successfully controlled population growth through better healthcare, education, and family planning. However, delimitation based on population increase would benefit northern States like Uttar Pradesh and Bihar, reducing the parliamentary strength of the South.
- Disproportionate Economic Contribution vs. Political Representation: Southern States contribute significantly to India’s GDP and tax revenues. For example, Tamil Nadu and Karnataka are among the top GST-contributing States. A shift in political representation favouring the North could mean economic policies are shaped without adequate input from these high-contributing regions.
- Risk of Policy Marginalization: More parliamentary seats for northern States could result in national policies that favour their interests (e.g., agricultural subsidies, welfare schemes) over industrialized and service-based economies in the South.
- For instance, the 15th Finance Commission’s devolution formula already reduced allocations to progressive States like Kerala due to their lower population growth.
- Federalism and Autonomy at Risk: Southern States emphasize federalism and regional autonomy, and a population-based delimitation could further centralize power in the hands of the Hindi-speaking belt, reducing the political influence of non-Hindi-speaking States.
- Precedents of Unequal Representation in Recent Delimitations: The Jammu & Kashmir (2022) and Assam (2023) delimitations have shown how constituency boundaries can be redrawn in ways that favour certain regions or communities. Southern States fear similar political maneuvering could reduce their legislative influence in the future.
How did the recent delimitation exercises in Jammu & Kashmir and Assam impact electoral representation?
- Disproportionate Seat Allocation Between Jammu and Kashmir: Jammu was given six additional Assembly seats, while Kashmir, despite having a larger population, received only one additional seat. Example: Before delimitation, Kashmir had 46 seats and Jammu had 37. After delimitation, Kashmir got 47, while Jammu increased to 43, altering the political balance in favor of Jammu.
- Gerrymandering Along Communal and Regional Lines: Constituency boundaries were redrawn in a way that seemed to favor Hindu-majority areas, potentially benefitting the BJP. Example: The Muslim-majority Kishtwar district saw boundary changes that made it more Hindu-dominated. Similarly, Rajouri and Poonch (Jammu) were merged with Anantnag (Kashmir) in a new Lok Sabha seat, despite geographical and cultural differences.
- Unequal Representation in Terms of Voter Population: Some Muslim-majority constituencies in Kashmir had more than 1.5 lakh voters, while many new Jammu seats had significantly fewer voters, making votes in Jammu more influential. Example: Dooru (1.92 lakh voters) and Surankote (1.77 lakh voters) had much larger populations than new seats in Jammu with 50,000–60,000 voters.
- Weakened Political Representation for Kashmiri Parties: The changes were seen as reducing the influence of Kashmiri-based parties like the National Conference (NC) and PDP, while consolidating the BJP’s hold in Jammu. Example: The BJP has never won a seat in Kashmir. By increasing Jammu’s seats, it has improved its chances of influencing J&K’s electoral outcomes.
- First-Time Reservation for Scheduled Tribes (STs): The delimitation reserved 9 Assembly seats for Scheduled Tribes, mostly benefiting Gujjar and Bakarwal communities in Jammu. Example: The new ST-reserved seats include Rajouri, Mendhar, and Surankote, marking the first time STs have been granted separate representation.
What are zonal councils and Inter-State Council (inactive since 2016)?
- Zonal Councils, established under the States Reorganisation Act, 1956, promote regional cooperation among States in five zones.
- The Inter-State Council, set up under Article 263 of the Constitution, facilitates Centre-State and inter-State coordination.
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How can strengthening zonal councils and reviving the dormant Inter-State Council (inactive since 2016) help ensure balanced representation in India?
- Addressing Regional Imbalances in Representation: By ensuring regular meetings of zonal councils, States across different regions can voice concerns regarding political representation and economic disparities. Example: If southern States lose parliamentary seats due to population-based delimitation, zonal councils can advocate for compensatory measures like additional Rajya Sabha representation.
- Enhancing Cooperative Federalism: The Inter-State Council can serve as a platform to mediate Centre-State and inter-State disputes, ensuring all regions get equitable political influence. Example: Resolving issues like tax devolution, resource allocation, and governance models that disproportionately impact southern States due to shifting parliamentary strength.
- Strengthening Policy Coordination Among States: Zonal councils can facilitate coordinated development policies, ensuring that national decisions reflect regional concerns, especially in underrepresented areas. Example: The Southern Zonal Council could push for greater investment in infrastructure and technology sectors, ensuring economic contributions translate into policy influence.
Way forward:
- Balanced Representation Through a Hybrid Formula: Instead of relying solely on population-based delimitation, a hybrid model considering factors like economic contribution, governance efficiency, and demographic stability should be adopted.
- Example: The Finance Commission’s tax devolution formula considers multiple parameters beyond population; a similar approach can be applied to delimitation to ensure fair representation for both high-growth and high-population States.
- Independent and Transparent Delimitation Process: Strengthening constitutional bodies like the Delimitation Commission and Election Commission with greater transparency and public participation to prevent gerrymandering or political bias.
- Example: Implementing real-time public consultations and Supreme Court oversight in delimitation decisions can help address regional concerns and ensure fairness.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Data protection;
Why in the News?
In early January this year, the Ministry of Electronics and Information Technology (MeitY) published the draft Digital Personal Data Protection Rules, 2025 under the Digital Personal Data Protection Act, 2023.
What are the key criticisms of the draft Digital Personal Data Protection Rules, 2025?
- Lack of Independence in the Data Protection Board (DPB): The Union government has full discretion in appointing DPB members, raising concerns about executive overreach and lack of independent oversight. Example: Since the DPB has quasi-judicial functions, government control over appointments could compromise its impartiality in handling data protection disputes.
- Inefficiency in the Appellate Mechanism: Appeals from DPB decisions will be heard by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which is already overburdened with cases. Example: As of early 2025, 3,448 cases were pending in TDSAT, making it unrealistic to resolve data protection appeals within the required six-month timeline.
- Weak Digital Infrastructure for Appeals: The draft Rules require appeals to be filed digitally, but TDSAT’s website and case management systems lack efficiency and transparency. Example: The TRAI Annual Report (2023) mentioned a new legal case management system, but its effectiveness and implementation status remain unclear.
What is the Telecom Disputes Settlement and Appellate Tribunal (TDSAT)?
- The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) is a quasi-judicial body in India established in 2000 under the Telecom Regulatory Authority of India (TRAI) Act, 1997.
- It resolves disputes related to telecommunications, broadcasting, and information technology and also serves as an appellate body for regulatory decisions.
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Why is the appointment of a technical member with expertise in data protection considered necessary for the TDSAT?
- Complexity of Data Protection Issues: Data protection cases involve legal principles like consent, data processing, storage, and unauthorized use, which differ from telecom disputes. Example: A case involving unauthorized data sharing by a tech company requires expertise in privacy laws, which a telecom specialist may not possess.
- Mismatch Between Existing Expertise and New Responsibilities: Section 14C of the TRAI Act, 1997 allows TDSAT members with expertise in telecommunications, technology, commerce, or administration, but not in data protection. Example: TDSAT is well-equipped for telecom disputes (e.g., spectrum allocation cases) but lacks specialists to handle data privacy violations under the DPDP Act, 2023.
- Need for a Legal Amendment to Ensure Specialization: Amending Section 14C of the TRAI Act to include data protection as a required expertise will help TDSAT make informed decisions. Example: If a social media platform misuses personal data, a technical member with privacy law knowledge can ensure proper adjudication.
How does the increasing caseload of the TDSAT impact its ability to handle appeals from the DPB within the stipulated six-month timeline?
- High Pending Case Load: As of early 2025, 3,448 cases remain unresolved in TDSAT, making it difficult to accommodate additional data protection appeals. Example: If a major data breach case is filed, it may face delays due to the backlog of telecom and broadcasting disputes.
- Burden of New Telecommunications Act Cases: The recently enacted Telecommunications Act, 2023 will increase TDSAT’s caseload, further stretching its resources. Example: Disputes over telecom licensing and spectrum allocation could slow down hearings on personal data protection violations.
- Limited Judicial and Technical Expertise: In January 2025, TDSAT had only one technical member and no judicial member, raising concerns about fair adjudication. Example: Without a judicial expert, appeals related to data misuse by companies may not receive proper legal scrutiny.
- Structural Capacity Constraints: TDSAT has a single bench, making it impossible to efficiently handle multiple categories of appeals simultaneously. Example: A delay in telecom tariff disputes could push back hearings on privacy-related cases filed under the DPDP Act, 2023.
Way forward:
- Strengthening TDSAT’s Capacity: Increase the number of benches and appoint members with expertise in data protection and privacy laws to handle DPB appeals efficiently. Example: Amending Section 14C of the TRAI Act, 1997 to include data protection specialists can ensure proper adjudication.
- Independent and Efficient DPB: Ensure autonomy in DPB appointments and establish a dedicated appellate body for data protection cases to reduce TDSAT’s burden. Example: Setting up a Data Protection Appellate Tribunal (DPAT) with specialized judges and technical members can improve efficiency.
Mains PYQ:
Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (2017)
Reason: It touches upon the importance of the structure and appointment processes within judicial bodies, which is a relevant underlying theme also present in the discussion about the need for a data protection expert within the TDSAT.
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