The Hindu Daily Current Affairs – 3 November 2026
Tuesday, 3 November 2026
The Hindu – Important News Articles & Editorial
Today’s edition covers how “Murasu” became the first Tamil name for a tropical cyclone, new rules letting the Centre intervene in airfares in extraordinary situations, how the Milky Way grew by swallowing smaller galaxies, land rights and strategy in India’s Siang dam plan, and the role of State Legislative Councils, along with an editorial analysis on how AI training could compromise privacy.
How ‘Murasu’ Became the First Tamil Name for a Tropical Cyclone
“Murasu”, a traditional Tamil percussion instrument, is the first Tamil name given to a tropical cyclone over the north Indian Ocean since naming began in September 2004. It was proposed by the Regional Meteorological Centre, Chennai, and appears in the second list of names prepared by the WMO/ESCAP Panel on Tropical Cyclones.
Key Facts
- Murasu was chosen because the drum was used in ancient times to alert people to natural disasters, and the word denotes a thunderous sound.
- After the first list was exhausted, RSMC New Delhi sought fresh names from coastal States in 2020.
- Murasu is the third name to be used – after Gati and Tej – from the 13 names India contributed to the 2020 list.
- Other Tamil proposals (Thirukai, Kalappai, Yer, Naavai) did not make the list.
- Naming criteria: easy to pronounce, no more than eight letters, and politically, culturally and religiously neutral.
How North Indian Ocean Cyclones Are Named
| Aspect | Details |
|---|---|
| Began | September 2004 |
| Body | WMO/ESCAP Panel on Tropical Cyclones – 13 member countries |
| Who assigns names | RSMC New Delhi (IMD), in rotation from the agreed list |
| Current list | Adopted in 2020 – 13 names from each of 13 countries (169 names) |
| India’s names used so far | Gati (2020), Tej (2023), Murasu (2026) |
| Rules | Maximum eight letters; easy to pronounce; neutral; a used name is never repeated |
Static Dimensions
- Naming system: begun in 2004 for the north Indian Ocean by the WMO/ESCAP Panel on Tropical Cyclones. Its 13 members – India, Bangladesh, Pakistan, Sri Lanka, Myanmar, Oman, Thailand, Maldives, Iran, Qatar, Saudi Arabia, the UAE and Yemen – each contribute names.
- RSMC New Delhi (IMD): one of six Regional Specialised Meteorological Centres of the WMO for tropical cyclones; issues cyclone advisories for the north Indian Ocean.
- Why names: easier communication, public awareness and record-keeping; names are never reused, and none should hurt cultural, religious or political sentiments.
- IMD classes: depression, deep depression, cyclonic storm (62–88 kmph), severe (89–117), very severe (118–165), extremely severe (166–220) and super cyclonic storm (222 kmph and above).
- Other examples: Amphan, Fani, Tauktae, Yaas, Biparjoy and Michaung.
Analysis
- Communication tool: a short, familiar name makes warnings easier to remember and share than technical codes, improving public response.
- Cultural resonance: a name rooted in regional heritage – here, a drum once used to warn of danger – can make warnings feel local and urgent.
- Regional cooperation: the shared list shows how 13 countries pool scientific and cultural inputs under the WMO framework.
- Beyond names: naming helps awareness, but lives are saved by accurate forecasts, impact-based warnings and local preparedness.
India Implications
- Federal participation: inviting coastal States to propose names gives regions a stake in the warning system.
- Regional leadership: as host of RSMC New Delhi, India leads cyclone forecasting for the north Indian Ocean, including for neighbours.
- Public awareness: local-language names can improve how coastal communities receive and act on warnings.
Himachal’s main weather threats – western disturbances, cloudbursts and heavy snowfall – are not named. The same principle of simple, memorable warnings still applies to the colour-coded alerts issued by IMD’s Meteorological Centre at Shimla. Location-based SMS alerts through NDMA’s SACHET system, sent in Hindi and the local language, can reach tourists and residents in remote valleys before roads and networks fail.
ConclusionThe naming of Cyclone Murasu reflects both regional cultural participation and the practical value of clear public communication. Names aid awareness, but forecasting, early warning and community preparedness remain the real safeguards.
Prelims Practice
Q. With reference to the naming of tropical cyclones over the north Indian Ocean, consider the following statements:
- The naming process began in September 2004.
- Names are assigned through a regional mechanism involving countries of the north Indian Ocean region.
- The World Meteorological Organization (WMO) is associated with the cyclone-naming process.
Which of the statements given above are correct?
- (a)1 and 2 only
- (b)2 and 3 only
- (c)1 and 3 only
- (d)1, 2 and 3
Click to reveal answer
Answer: (d)
Names come from a list agreed by the 13-member WMO/ESCAP Panel on Tropical Cyclones and are assigned by RSMC New Delhi, run by the IMD.
Q. Tropical cyclone management requires effective coordination between scientific forecasting, early-warning dissemination and community-level preparedness. Examine the role of the IMD, disaster management authorities and local administrations in minimising cyclone-related losses.
(10 Marks, 150 Words)
Govt. Can Intervene in Airfares in ‘Extraordinary Situations’
Rules framed under the Bharatiya Vayuyan Adhiniyam, 2024, notified on 31 October, allow the Centre to issue written directions to airlines on fares in the public interest during “extraordinary situations”. The rules also strengthen fare monitoring and transparency, but impose no fare caps. They try to balance a market-driven fare regime with protecting passengers from price gouging.
Key Facts
- The Centre can issue written directions on fares in “extraordinary situations”, which the rules do not define.
- Past interventions: fare bands during COVID-19 and after IndiGo’s operational meltdown last December (nearly 5,000 flights cancelled); informal requests for restraint during the Kumbh Mela, after the Pahalgam attack and during natural disasters such as the Kerala floods.
- The rules followed a PIL by S. Laxminarayan seeking binding norms against arbitrary fares and ancillary charges.
- Airlines must file their tariffs with the DGCA in the specified form, manner and intervals, and publish them on their websites or DGCA-specified platforms.
- Fares on booking sites and tickets must show the total payable, with a breakdown of base fare, taxes, fees, cancellation charges and refund conditions.
- These requirements were earlier in Air Transport Circular 2 of 2010 and are now statutory.
- No fare caps in normal times: the government maintains that fares have been market-driven since the Air Corporations Act was repealed in 1994.
What the New Rules Change
| Aspect | Before | Under the 2026 rules |
|---|---|---|
| Fare intervention | Informal requests or ad hoc fare bands | Statutory power to issue written directions in “extraordinary situations” |
| Tariff filing and display | Air Transport Circular 2 of 2010 (administrative) | Statutory duty to file with DGCA and publish online |
| Fare breakdown | Required by circular | Statutory: total payable plus base fare, taxes, fees, cancellation and refund terms |
| Fare caps | None (except UDAN seats and emergencies) | Still none in normal times |
Static Dimensions
- Bharatiya Vayuyan Adhiniyam, 2024: replaced the Aircraft Act, 1934 to modernise civil aviation law.
- Institutions: DGCA (safety regulator), Ministry of Civil Aviation, Airports Authority of India, Bureau of Civil Aviation Security, and AERA (regulates airport tariffs).
- Policy: liberalisation from 1994 (open skies for domestic carriers), the UDAN regional connectivity scheme (fare caps on subsidised RCS seats) and the Passenger Charter.
- Concepts: dynamic pricing, price gouging, market failure, regulatory forbearance and public-interest regulation.
- Constitutional links: Union List Entry 29 (airways, aircraft and air navigation); Article 19(1)(g), subject to reasonable restrictions.
Analysis
- Calibrated middle path: monitoring plus emergency powers avoids permanent price control while giving intervention a legal basis.
- Vague trigger: an undefined “extraordinary situation” leaves scope for discretion and uncertainty for airlines.
- Transparency gains: all-inclusive fare display and breakdowns reduce hidden charges.
- Concentration issue: a near-duopoly market makes fare spikes more likely when one carrier falters.
- Legal clarity: earlier informal “urging” now has statutory backing, reducing arbitrariness.
Challenges
- Defining thresholds for intervention.
- DGCA’s limited capacity to monitor fares in real time.
- Risk of discouraging investment if intervention becomes frequent.
- Weak passenger redress on refunds and cancellations.
- Capacity constraints and market concentration.
Way Forward
- Define “extraordinary situations” through guidelines, with time-bound, reasoned directions.
- Strengthen DGCA’s data analytics, enforcement and passenger-grievance systems.
- Promote competition and capacity – new airlines and regional airports.
- Publish fare data transparently.
India Implications
- Consumer protection: a legal safety valve against fare spikes during crises protects stranded and emergency travellers.
- Market confidence: limiting intervention to defined emergencies keeps India’s fast-growing aviation market attractive to investors.
- Competition policy: fare spikes are ultimately a symptom of limited competition and capacity.
Himachal’s three small airports – Shimla (Jubbarhatti), Kullu (Bhuntar) and Kangra (Gaggal) – have few flights, so fares to Kullu and Kangra often rise steeply in the tourist season. They also spike when landslides or floods cut highways, as in the 2023 monsoon. The power to direct fares in extraordinary situations, and transparent fare display, matter for tourists and residents. Expanding Kangra airport and UDAN routes would address the deeper problem of limited capacity.
ConclusionThe rules give the government a statutory safety valve against price gouging while preserving market pricing. Clear triggers and strong monitoring will decide whether they protect passengers without distorting the market.
Prelims Practice
Q. With reference to the Bharatiya Vayuyan Adhiniyam, 2024 and the rules framed under it, consider the following statements:
- The Adhiniyam replaced the Aircraft Act, 1934.
- The rules impose a permanent cap on domestic airfares.
- Airlines must display the total fare payable, with a breakdown of its components.
Which of the statements given above are correct?
- (a)1 only
- (b)1 and 3 only
- (c)2 and 3 only
- (d)1, 2 and 3
Click to reveal answer
Answer: (b)
Statement 2 is incorrect: the rules impose no fare caps in normal times; the Centre may only issue directions on fares in “extraordinary situations”.
Q. Examine the significance of the Bharatiya Vayuyan Adhiniyam, 2024 in strengthening the regulatory framework for the civil aviation sector.
(10 Marks, 150 Words)
Milky Way Grew by Devouring Galaxies, Leaving Ghost Stars
Using precise data from new missions – mainly the European Space Agency’s Gaia – astronomers are reconstructing about 12 billion years of the Milky Way’s history. They find that our galaxy grew by absorbing smaller galaxies, whose torn-apart stars survive as streams and clusters with distinctive motions and chemistry. This field is called galactic archaeology.
Key Facts
- The Small and Large Magellanic Clouds are nearby satellite galaxies being drawn in by the Milky Way.
- The 2026 Kavli Prize in Astrophysics went to Vasily Belokurov, Amina Helmi and Rodrigo Ibata for discovering major galactic collisions.
- Ibata discovered (1994) the Sagittarius dwarf galaxy, which is being torn apart by the Milky Way – the first such discovery.
- Helmi (1999) used Hipparcos data on 97 stars and found that seven had different orbits. In 2018, using Gaia data, she identified Gaia-Enceladus, whose stars move against the Milky Way’s rotation; it merged about 10 billion years ago and changed our galaxy’s shape.
- August 2026 paper: the Low-energy-Kraken-Heracles (LKH) galaxy collided about 12 billion years ago – possibly the first major merger – and now sits in the central bulge. Of 39 globular clusters studied, 12 are “foreign”, absorbed 1.8 billion years before Gaia-Enceladus.
- Omega Centauri may be the core of Gaia-Enceladus (not yet conclusive).
- Upcoming surveys: 4MOST (Paranal, Chile) and MOONS (an infrared view of the bulge).
Major Mergers in the Milky Way’s History
| Galaxy | When | Evidence / significance |
|---|---|---|
| Low-energy-Kraken-Heracles (LKH) | About 12 billion years ago | Possibly the first major merger; remnants in the central bulge; 12 of 39 globular clusters studied are of foreign origin |
| Gaia-Enceladus | About 10 billion years ago | Stars on reverse orbits; reshaped the Milky Way; identified with Gaia data (2018) |
| Sagittarius dwarf galaxy | Ongoing | Discovered in 1994; being stretched into a stellar stream |
| Magellanic Clouds | Future | Satellite galaxies expected to merge with the Milky Way |
Static Concepts
- Gaia: ESA’s astrometry mission (launched 2013, operated at the Sun–Earth L2 point until 2025) that mapped the positions, motions and brightness of about two billion stars.
- Milky Way: a barred spiral galaxy with a central bulge, disc and halo; the Solar System lies in the Orion Arm.
- Globular cluster: a dense, ancient, spherical group of hundreds of thousands to millions of stars that formed together.
- Dwarf galaxies and tidal stripping: the gravity of a larger galaxy tears a smaller one apart into stellar streams.
- Photometry vs spectroscopy: measuring brightness and colour versus chemical composition and velocity.
- Hipparcos: ESA’s earlier astrometry mission (1989–93).
- Indian links: ISRO’s AstroSat (multi-wavelength space observatory) and Aditya-L1 (solar mission at L1).
Analysis
- Galaxies grow by mergers: the findings confirm that large galaxies are built hierarchically, by absorbing smaller ones.
- Power of big data: precise positions and motions of billions of stars allow scientists to separate “immigrant” stars from native ones.
- Combining methods: age, chemistry and motion together reveal merger history that no single measurement could.
- Open questions: claims such as Omega Centauri being a captured galactic core still need confirmation from upcoming surveys.
India Implications
- Space science capacity: AstroSat, Aditya-L1 and future missions give Indian scientists their own data for frontier research.
- International collaboration: participation in global projects such as the Thirty Meter Telescope and the Square Kilometre Array connects Indian astronomers with large surveys.
- Science education: discoveries like these can draw students into physics and astronomy.
Spiti’s high, dry and dark skies have made it a growing destination for astro-tourism, with local residents trained as stargazing guides. Like neighbouring Ladakh’s Hanle Dark Sky Reserve, the cold desert regions of Lahaul-Spiti could be protected from light pollution and developed for stargazing tourism, science outreach in schools and, potentially, small research observatories.
ConclusionCombining the age, chemistry and motion of stars reveals the Milky Way’s merger history, showing that galaxies grow by “cannibalism”. New surveys will deepen this picture – and the field will continue to depend on large, precise datasets.
Prelims Practice
Q. The Small and Large Magellanic Clouds are:
- (a)Globular clusters within the Solar System
- (b)Satellite galaxies associated with the Milky Way
- (c)Two spiral arms of the Milky Way
- (d)Star-forming regions within the Orion Arm
Click to reveal answer
Answer: (b)
The Magellanic Clouds are dwarf satellite galaxies of the Milky Way, visible to the naked eye from the Southern Hemisphere; globular clusters lie outside the Solar System, in a galaxy’s halo.
Q. What is galactic archaeology? Explain how space-based astrometry missions such as Gaia have improved our understanding of the Milky Way’s evolution.
(10 Marks, 150 Words)
Cascading Effect: India Must Respect Land Rights of Its People While Building Dams
This editorial examines India’s plan for the 11.2 GW Siang Upper Multipurpose Project (SUMP) in Arunachal Pradesh, driven partly by China’s 60 GW mega-dam on the Yarlung Tsangpo (Brahmaputra) in Tibet. India sees SUMP as a strategic buffer against “weaponised” transboundary water, but local opposition and a top-down approach create a dilemma. Its central argument: national security needs cannot justify overriding the legal rights of the people who live there.
Key Facts
- China’s Tibet project: about 60 GW, with five cascading power stations using a fall of roughly 2,000 m over about 50 km. Beijing says there will be no downstream harm but has not shared engineering details.
- Indian fears: diversion of flows causing drought, or sudden releases causing floods in Arunachal Pradesh and Assam.
- Limited progress: China has agreed only to share hydrological data on humanitarian grounds during emergencies.
- Most of the Brahmaputra’s water in Assam and Bangladesh comes from monsoon rain and tributaries downstream of Tibet, so China cannot fully control total flow – its interventions matter most near the border.
- SUMP planning: the reservoir may be kept about 70% full to absorb surges, though protection without advance warning is uncertain.
- Government approach: security forces guarding survey teams, and the use of a stringent State law on unlawful activities against activists – deepening local fears of a land grab.
- The Adi community and civil-rights groups oppose the project; protests also continue against the Subansiri Upper Hydroelectric Project.
- The eastern Himalayas are tectonically active and erosion-prone.
China’s Mega-Dam vs India’s SUMP
| Feature | China’s Yarlung Tsangpo project | Siang Upper Multipurpose Project |
|---|---|---|
| Location | Lower Yarlung Tsangpo, Tibet, near the Indian border | Siang river, Arunachal Pradesh |
| Capacity | About 60 GW (five cascading stations) | About 11.2 GW |
| Purpose | Hydropower | Hydropower plus a buffer storage against sudden releases |
| Concerns | Opacity; possible flow manipulation; seismic risk | Displacement of Adi communities; consent; seismic and ecological risk |
One River, Many Names
| Stretch | Name |
|---|---|
| Tibet (China) | Yarlung Tsangpo |
| Arunachal Pradesh | Siang / Dihang |
| Assam | Brahmaputra |
| Bangladesh | Jamuna |
Static Dimensions
- Water diplomacy: there is no India–China water treaty; an Expert Level Mechanism (2006) covers data on trans-border rivers, with MoUs on Brahmaputra and Sutlej flood-season data. Neither China nor India is party to the UN Watercourses Convention (1997). India and Bangladesh have a Joint Rivers Commission.
- Legal safeguards: Forest Rights Act, 2006 (Gram Sabha consent); LARR Act, 2013 (consent and social impact assessment); EIA Notification, 2006; Environment (Protection) Act, 1986. The Sixth Schedule does not apply to Arunachal Pradesh, but customary rights are recognised.
- Related: Article 21 (livelihood and dignity), Article 48A, and the Niyamgiri judgment (2013) on the role of Gram Sabhas.
- Seismic zone V: high earthquake risk for large dams.
- Concepts: run-of-river versus storage dams, buffer reservoirs, weaponisation of water and hydro-hegemony.
Analysis
- Security versus consent: a strategic rationale does not remove obligations under the FRA and LARR Act, and coercion undermines legitimacy.
- Information asymmetry: SUMP’s value as a buffer depends on data from China, which is limited, so its effectiveness is uncertain.
- Geography limits China’s leverage: monsoon-fed tributaries reduce drought risk, but flood-surge risk near the border remains.
- Environmental and seismic risk: large storage in a fragile zone risks cascading failures and displacement.
- Trust deficit: using stringent security laws against activists signals heavy-handedness and harms public cooperation.
Challenges
- Lack of transparency from China and no binding treaty.
- Displacement and loss of livelihood for local communities.
- Ecological and seismic risks.
- Balancing national security with tribal rights.
- Coordination with downstream Assam and Bangladesh.
Way Forward
- Obtain free, prior and informed consent through Gram Sabhas, with independent social and environmental impact assessments.
- Withdraw coercive measures and ensure fair rehabilitation and benefit-sharing.
- Pursue diplomacy: binding data-sharing, a treaty framework and an upgraded Expert Level Mechanism.
- Build independent hydrological monitoring and early warning, and consider smaller or run-of-river designs.
- Consult Assam and Bangladesh for basin-wide planning.
India Implications
- Water security: China’s upstream projects make hydrological monitoring and data diplomacy a core national-security task.
- Democratic legitimacy: large projects in tribal areas succeed only with consent and fair rehabilitation.
- Disaster risk: mega-dams in seismic zone V need the highest standards of design and independent safety review.
Himachal faces both sides of this dilemma. The Sutlej enters the State from Tibet at Shipki La, and China shares flood-season Sutlej data under an MoU. The 2005 outburst of the Parechu lake in Tibet, which flooded Kinnaur, showed why such data matters. At home, the displacement caused by Bhakra and Pong, and Kinnaur’s “No Means No” campaign against new hydropower projects, show that dams in fragile valleys need consent, fair rehabilitation and rigorous safety review.
ConclusionSUMP may serve strategic purposes, but it must rest on legal consent and sound science. As the editorial concludes, the state cannot protect the nation’s needs by antagonising the nation’s people.
Prelims Practice
Q. Consider the following statements about the Brahmaputra river system:
- The Brahmaputra originates in Tibet.
- The river enters India through Arunachal Pradesh.
- Its flow in Assam is influenced by monsoon rainfall and tributaries originating within India.
- The river flows into the Bay of Bengal through Bangladesh.
Which of the statements given above are correct?
- (a)1 and 2 only
- (b)1, 2 and 3 only
- (c)1, 2, 3 and 4
- (d)2 and 4 only
Click to reveal answer
Answer: (c)
The river rises near Lake Mansarovar in Tibet, enters India as the Siang in Arunachal Pradesh, becomes the Brahmaputra in Assam, and joins the Ganga (Padma) and Meghna systems in Bangladesh before reaching the Bay of Bengal.
Q. Examine the strategic and geopolitical implications for India of China’s proposed mega-dam project on the Yarlung Tsangpo river.
(10 Marks, 150 Words)
What Is the Role of Legislative Councils?
Elections to 28 Legislative Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka have revived interest in State Legislative Councils (Vidhan Parishads). The article traces their origin, constitutional basis, composition and limited powers, and asks whether they should be reformed or abolished.
Key Facts
- Six States have Councils (Article 168): Maharashtra, Uttar Pradesh, Bihar, Andhra Pradesh, Telangana and Karnataka.
- Colonial origin: the Government of India Act, 1935 created bicameral legislatures in six provinces. Councils then had a restricted, elitist electorate, could not be dissolved, had nine-year terms and equal powers with Assemblies (deadlocks resolved by joint sitting).
- Constituent Assembly debate: supporters saw a check against hasty legislation; critics saw a burden on the exchequer and objected to leaving composition to ordinary law.
- Article 169: Parliament can create or abolish a Council by ordinary law if the State Assembly passes a resolution by a special majority (a majority of total membership and two-thirds of members present and voting).
- Article 172: the Council is not subject to dissolution; members serve six years, with one-third retiring every two years.
- Ministers, including the Chief Minister, can be members of the Council.
- Powers: there is no joint sitting; the Assembly’s view prevails, and the Council can delay an ordinary Bill for at most four months.
- Abolition and revival: Tamil Nadu (abolished 1986; revival law passed in 2010, reversed by a fresh resolution in 2011) and Andhra Pradesh (abolished 1985, recreated 2007).
- Second ARC (report on Local Governance, 2007): create Councils in all States as “Councils of local governments”, elected solely by local-body representatives, dropping graduate and teacher constituencies.
Composition of a Legislative Council (Article 171)
| Share of seats | Elected / chosen by |
|---|---|
| 1/3 | Members of local bodies (municipalities, district boards, etc.) |
| 1/12 | Graduates of at least three years’ standing |
| 1/12 | Teachers of at least three years’ standing in institutions not below secondary school |
| 1/3 | Members of the Legislative Assembly |
| 1/6 | Nominated by the Governor (literature, science, art, cooperative movement, social service) |
| Size: not more than one-third of the Assembly’s strength, but not less than 40 | |
Legislative Council vs Rajya Sabha
| Feature | Legislative Council | Rajya Sabha |
|---|---|---|
| Existence | Optional; created or abolished by Parliament on the Assembly’s request | Mandatory under the Constitution |
| Ordinary Bills | Can delay by up to four months; Assembly prevails | Equal power; deadlock resolved by joint sitting (Article 108) |
| Money Bills | Recommendations only, within 14 days (Article 198) | Recommendations only, within 14 days (Article 109) |
| Permanence | Permanent; one-third retire every two years | Permanent; one-third retire every two years |
Static Dimensions
- Comparison with the Rajya Sabha: the Rajya Sabha has real powers over non-money Bills (joint sitting under Article 108); State Councils are weaker, with no joint sitting.
- Money Bills: the Council can only make recommendations and must return the Bill within 14 days (Article 198).
- Other Articles: Article 169 (creation or abolition); Article 171(4) (election by proportional representation through the single transferable vote); Articles 175 and 197 (Governor’s messages and restrictions on the Council’s powers over ordinary Bills).
- Nominated members: the Governor nominates persons with special knowledge or practical experience in literature, science, art, the cooperative movement and social service.
- Concepts: bicameralism, revising chamber and indirect election.
Analysis
- Weak revising role: a four-month delaying power makes the Council largely advisory.
- Representation of experts: nominated, graduate and teacher seats aim to bring expertise, but are often used for political accommodation.
- Political expediency: abolitions and revivals follow the ruling party’s convenience rather than constitutional principle.
- ARC’s proposal: a Council of local governments could give panchayats and municipalities a voice in State legislation, answering the “ornamental” criticism.
- Cost versus value: the cost to the exchequer is modest, but the unclear benefit keeps the abolish-or-reform debate alive.
Challenges
- Limited powers and political misuse.
- Elections dominated by party considerations.
- No consensus on abolition versus expansion.
- Weak empowerment of local bodies in practice (funds, functions, functionaries).
Way Forward
- Implement the Second ARC model, making Councils bodies of local governments – or abolish them where they add no value.
- Use nominations strictly for genuine experts.
- Strengthen Council committees and scrutiny functions.
- Build cross-party consensus rather than party-driven creation or abolition.
India Implications
- Quality of legislation: a well-designed second chamber can improve scrutiny of hastily drafted State laws.
- Local voice: the ARC model would link the 73rd and 74th Amendments with State law-making.
- Constitutional stability: institutions should not be created and abolished with each change of government.
Himachal Pradesh has a unicameral legislature – the 68-member Vidhan Sabha in Shimla, which also holds winter sessions at Tapovan, Dharamshala. Under Article 171, a Council must have at least 40 members even though it cannot otherwise exceed one-third of the Assembly. A small State like Himachal would therefore need a Council more than half the size of its Assembly – one reason smaller States have not sought one. The ARC’s idea of giving local bodies a voice could instead be pursued through stronger District Planning Committees.
ConclusionLegislative Councils can be useful revising chambers only if their composition and role are rethought. Otherwise they remain largely ornamental, subject to the political convenience of the ruling party.
Prelims Practice
Q. With reference to Legislative Councils in India, consider the following statements:
- Article 168 provides for a bicameral legislature in certain States.
- Every State in India is constitutionally required to have a Legislative Council.
- Legislative Councils are the upper Houses of State legislatures.
Which of the statements given above are correct?
- (a)1 only
- (b)1 and 3 only
- (c)2 and 3 only
- (d)1, 2 and 3
Click to reveal answer
Answer: (b)
Statement 2 is incorrect: Councils are optional – only six States have one, and Parliament creates or abolishes a Council under Article 169 on a resolution of the State Assembly.
Q. Explain the constitutional provisions governing the creation, abolition and composition of Legislative Councils in Indian States.
(10 Marks, 150 Words)
How AI Training Models Could Compromise Privacy
The author argues that India’s data protection law has not kept pace with artificial intelligence. Privacy became a fundamental right in 2017 (Puttaswamy), yet the Digital Personal Data Protection (DPDP) Act, 2023 – with Rules notified in November 2025 and key provisions in force from 2027 – does not clearly address the training of AI models on personal data. The piece calls for targeted fixes rather than blanket AI regulation, so that innovation continues without hollowing out a constitutional right.
Key Facts
- Old regime (IT Act, 2000 and SPDI Rules, 2011):
- A separate category of “sensitive personal data” (financial, health, sexual orientation, biometrics).
- Cross-border transfer was allowed if the recipient gave equivalent protection and the transfer was necessary for a contract or consented to – a mere assertion of adequacy was enough.
- Penalty for unauthorised disclosure: up to three years’ imprisonment or a fine of up to ₹5 lakh.
- It did not cover ordinary personal data (name, address, caste, religion, browsing history) or publicly scraped data.
- Gaps in the DPDP Act identified by the author:
- It does not apply to publicly available data (such as social media content) and, on the author’s reading, to inferred data (emotions, movements, behaviour).
- It merges all personal data into one category, so passwords and health conditions get the same protection as a name or city – which the author calls regressive.
- It is silent on AI model training.
- Indian users have no right to object to AI training on their public data, even after May 2027, whereas Meta offers EU users an opt-out.
- The right to erasure applies only to data given with consent, and it is unclear whether it covers inferred data.
- Conditions for the research, archival and statistical exemption are yet to be prescribed, so AI training framed as “research” may escape the Act.
- AI-specific risks: models can memorise and reproduce training data; “anonymised” datasets can be queried to extract personal details and build profiles without consent; and generic public information can be used to infer sensitive traits.
- India is the largest market for Facebook and Instagram, and large firms use user data to train models.
- Author’s remedies: apply the DPDP Act to AI training data; create a right to object; protect scraped and inferred data; strengthen erasure, with a duty on companies to inform every entity holding the data; clarify the research exemption; and recreate a sensitive-data category. Data export and AI training should not be banned, since that could worsen bias and exclusion of Indian populations.
India’s Old Regime, the DPDP Act and the EU GDPR
| Feature | IT Act and SPDI Rules, 2011 | DPDP Act, 2023 | EU GDPR |
|---|---|---|---|
| Sensitive data category | Yes | No – single category | Yes (“special categories”) |
| Publicly available data | Not covered | Excluded when made public by the person | Covered |
| Right to object (e.g. to AI training) | No | No | Yes |
| Right to erasure | No | Yes, for data given with consent | Yes, broader |
| Automated decision-making | Not addressed | Not specifically addressed | Article 22 safeguards |
| Maximum penalty | Up to 3 years’ jail or ₹5 lakh (disclosure) | Up to ₹250 crore | Up to 4% of global turnover or €20 million |
Static Dimensions
- Constitutional basis: Justice K.S. Puttaswamy v. Union of India (2017) – privacy under Article 21, subject to the three-part test of legality, necessity and proportionality.
- DPDP concepts: data principal, data fiduciary, consent, legitimate uses, the Data Protection Board, penalties of up to ₹250 crore, and exemptions for the State under Section 17.
- Comparisons: the EU GDPR (special categories, right to object, right to erasure, Article 22 on automated decisions), the EU AI Act and US state laws.
- Technical concepts: model memorisation, membership inference, re-identification, anonymisation versus pseudonymisation, web scraping and differential privacy.
- Institutions and policy: MeitY, the IndiaAI Mission, CERT-In and India’s AI governance guidelines.
Analysis
- Consent model mismatch: a consent-based law assumes data is collected from the individual, but AI training uses scraped or inferred data, so individuals never get a chance to consent or object.
- Public does not mean free to use: treating public data as outside privacy law ignores aggregation risk, where scattered public facts combine into a sensitive profile (the “mosaic effect”).
- Loss of sensitivity tiers: a single data category lowers protection for biometrics, passwords and health data compared with the old regime. A fair counterpoint is that context can make any data sensitive – but some data is intrinsically high-risk.
- Anonymisation is not a safe harbour: if models can re-identify anonymised data, legal compliance gives false comfort.
- Regulatory timing: key provisions apply only from 2027, leaving a gap during rapid AI deployment.
- Exemption loophole: the research exemption, with conditions still unprescribed, could cover commercial AI training.
- Innovation trade-off: the author rejects bans and prefers targeted amendments, reflecting proportionality. Critics may argue that opt-out rights impose compliance costs on Indian start-ups, and that data needs for inclusive Indian-language models are real.
- Data sovereignty: concern that India supplies data for foreign model training while gaining limited benefit links to wider digital-sovereignty debates.
- Limits of the piece: it relies on the reading that the DPDP Act excludes inferred data – an interpretive claim – and offers few Indian cases of actual harm.
Challenges
- Legal gaps on scraping, inference and training data.
- Technical difficulty of enforcing erasure or objection once data is embedded in a trained model (“machine unlearning”).
- Cross-border models and questions of jurisdiction.
- Balancing privacy with inclusive, accurate Indian AI.
- Limited regulatory capacity of the Data Protection Board.
- Low user awareness.
Way Forward
- Amend or clarify the DPDP Act to cover AI training, inferred and scraped data, and create a sensitive-data category.
- Provide a right to object to or opt out of AI training, and strengthen erasure with duties on downstream recipients.
- Prescribe narrow, transparent conditions for the research exemption that exclude commercial model training by default.
- Require privacy-preserving methods (differential privacy, data minimisation, audits for memorisation and re-identification) and disclosure of training-data sources.
- Build the Data Protection Board’s capacity and technical audit ability.
- Support Indian datasets through consented, governed data-sharing frameworks, so that inclusion and privacy advance together.
- Pursue international coordination on cross-border data and AI norms.
India Implications
- Fundamental rights: the practical value of the right to privacy now depends on how AI training is regulated.
- AI ambitions: clear, proportionate rules can give Indian AI developers certainty while protecting users.
- Digital public infrastructure: trust in Aadhaar-linked and other public datasets depends on strong safeguards against misuse.
The Himachal Pradesh government is digitising family registers, welfare-scheme databases, land records and health records, and students and job aspirants share personal data with recruitment portals and online learning platforms. As this data grows, the State will need clear rules – consistent with the DPDP Act – on how departments and vendors may use it, including for analytics or AI tools. Citizens must be able to know, correct and erase their data.
ConclusionA privacy law that ignores how AI is trained leaves a constitutional right exposed to the most data-hungry technology. Targeted fixes on training data, inferred data, objection rights and sensitive categories can protect privacy without halting innovation – and the longer the gap persists, the weaker the right becomes in practice.
Q. The right to privacy must be balanced with the requirements of technological innovation and the public interest. Explain in the context of AI-based data processing in India.
(15 Marks, 250 Words)
