10th April 2025-Current Affairs

by | Apr 10, 2025 | Current Affairs

1. Governor’s Assent to Bills – Polity

Why in News?

The Supreme Court of India has delivered a landmark verdict reprimanding Tamil Nadu Governor R.N. Ravi for inaction on state bills. It clarifies constitutional provisions, sets specific timelines, and ensures judicial oversight of gubernatorial powers—thereby reinforcing federalism and democratic accountability.

Constitutional Background

🔹 Article 200 – Powers of the Governor on State Bills:

When a Bill is passed by the State Legislature, the Governor can:

  1. Assent to the bill, making it a law.
  2. Withhold assent (effectively a veto).
  3. Return the bill (if not a money bill) for reconsideration by the Assembly.
  4. Reserve the bill for the President’s consideration (mandatory in some cases like bills affecting High Court powers).

🔹 Article 201 – Presidential Powers:

  • If the Governor reserves the bill, the President may give or withhold assent, or return it for reconsideration.

🔹 Article 142 – Plenary Powers of Supreme Court:

  • Empowers the SC to pass any order necessary for complete justice in any matter before it.

Supreme Court Ruling – March 2024

Background:

  • The Tamil Nadu Government approached SC in 2023 citing delay in gubernatorial assent to 12 bills, some pending since 2020.
  • The Governor withheld assent to 10 of these bills on Nov 13, 2023, triggering re-enactment by the Assembly.

Key Highlights of the Ruling

IssueSC Verdict
Delay by GovernorUnconstitutional. No place for indefinite inaction.
Governor’s DiscretionNot absolute. Governor is bound by advice of the Council of Ministers.
Reservation for PresidentCannot be misused to delay state legislation; should be done sparingly.
Re-passed BillsOnce re-passed by Assembly, Governor must give assent within 1 month. Cannot reserve again unless materially changed.
Judicial OversightSupreme Court can review inaction using Article 142 to ensure “complete justice.”

Timelines Introduced by SC

StageTime Limit Set by SC
Governor’s decision (assent/withhold/reserve)Within 1 month of receiving the bill
If bill is returned and re-passed by the AssemblyGovernor must grant assent within 1 month
If bill is withheld without following Council’s adviceMust return within 3 months

Why Is This Important?

For Indian Polity (GS II):

  • Highlights federalism, executive-legislature relations, and checks and balances.
  • Clarifies Governor’s role as a constitutional head, not a political gatekeeper.
  • Establishes judicial mechanisms to ensure timely law-making at the state level.

For Essay/GS II Mains Themes:

  • “Federalism and Cooperative Governance”
  • “Strengthening Institutions for Good Governance”
  • “Constitutional Morality and the Role of Nominal Heads”

Implications for Federalism

  • Prevents Governor overreach that can paralyze state legislation.
  • Ensures that elected state governments can legislate without undue delays.
  • Upholds democratic accountability and parliamentary sovereignty at the state level.

Exam Connect – Possible Questions

Prelims:

Q1. Under Article 200 of the Constitution, which of the following actions can a Governor take upon receiving a bill passed by the State Legislature?

  1. Assent to the bill
  2. Withhold assent to the bill
  3. Return the bill for reconsideration (if not a money bill)
  4. Reserve the bill for the President’s consideration

Select the correct answer using the codes below:

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

Correct Answer: (c) 1, 2, 3 and 4
Explanation: Article 200 grants the Governor four options: assent, withhold assent, return for reconsideration (except money bills), and reserve for President’s consideration.

Q2. Which of the following provisions of the Constitution empowers the Supreme Court to do complete justice in any pending case before it?

(a) Article 32
(b) Article 136
(c) Article 141
(d) Article 142

Correct Answer: (d) Article 142
Explanation: Article 142 provides wide-ranging powers to the Supreme Court to ensure “complete justice” in any matter before it.

Q3. Consider the following statements regarding the Governor’s role in the legislative process at the state level:

  1. The Governor is bound by the advice of the Council of Ministers when giving assent to bills.
  2. The Governor can indefinitely delay action on a bill passed by the State Legislature.
  3. A bill once re-passed by the State Legislature can be reserved again for the President’s consideration.

Which of the statements given above is/are correct?

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

Correct Answer: (a) 1 only
Explanation:

  • Statement 1 is correct: As per SC ruling, Governor is not above the Council of Ministers.
  • Statement 2 is incorrect: Indefinite delay is unconstitutional.
  • Statement 3 is incorrect: Once re-passed, the Governor must give assent within 1 month; it cannot be reserved again unless materially changed.

Q4. Which of the following bills must be reserved for the consideration of the President by the Governor?

(a) A bill related to anti-defection
(b) A bill affecting the powers of the High Court
(c) A money bill
(d) A bill related to the salaries of MLAs

Correct Answer: (b) A bill affecting the powers of the High Court
Explanation: As per constitutional convention and judicial interpretation, any bill that seeks to curtail or affect the powers of the High Court must be reserved for the President.

Mains:

Q. Discuss the constitutional role of the Governor in the legislative process of a state. Critically evaluate the recent Supreme Court ruling on gubernatorial assent and its implications for federalism in India.
(250 words)


2. Reimagining Data Governance in India – A Citizen-Centric Approach to Health Data – Governance

Why in News?

India, with its population of 1.4 billion, generates vast volumes of health data with enormous economic, scientific, and strategic potential. However, in the absence of robust governance frameworks, this data remains underutilized, fragmented, and inaccessible—especially in the healthcare sector. The Ayushman Bharat Digital Mission (ABDM) is an attempt to reform this space through a citizen-first approach.

Key Takeaways

IssueInsight
Conceptual ConfusionPolicymakers blur the line between data as identity (privacy-focused) and data as property (economic asset).
Public-Private DivideGovernment hospitals and small clinics lack digitization, while corporate hospitals have siloed digital systems.
Need for InteroperabilityData must flow securely and efficiently across platforms to enable integrated healthcare delivery.
Citizen EmpowermentCitizens must own and control access to their health data.
Regulatory GapsAbsence of clear frameworks for data ownership, consent, and monetization hinders innovation and trust.

Understanding Data Types in Healthcare

Data as Identity

  • Anchored in privacy, dignity, and rights.
  • Focus on consent, non-surveillance, and data protection.
  • Examples: Aadhaar-linked health IDs, hospital records, biometric data.

Data as Property

  • Considered a resource with economic value.
  • Can be used (with consent) for AI models, public health research, insurtech, and health startups.
  • Raises questions around ownership, compensation, and monetization.

India’s Current Healthcare Data Landscape

Private HospitalsPublic Hospitals
Sophisticated EMRs (Electronic Medical Records)Poor or no digitization
Data is siloedData often unrecorded or paper-based
Monetization of anonymized data (without patient involvement)Underutilized data potential
  • Health insurers and researchers face difficulty accessing data.
  • Patients lack control over how their data is stored, used, or shared.

ABDM: A Step Toward Citizen-Centric Data Governance

FeatureDetails
Launched ByNational Health Authority (NHA)
ObjectiveCreate a pan-India digital health ecosystem with citizen ownership of data
Key ComponentsABHA ID (Health ID), consent manager, Health Facility Registry, Health Professional Registry
InteroperabilityEnsures secure sharing of health data across hospitals, doctors, and labs
Consent FrameworkCitizens can allow or revoke access to their data for treatment, insurance, or research

ABDM affirms that:

“Health data is owned by the citizen; platforms are merely custodians.”

Global Comparisons

ModelFeaturesLimitations
United StatesPatients can view records; hospitals monetize de-identified dataPatients not compensated
UK (NHS)Health data is owned by public institutionsNot suitable for India’s private-dominated system
India’s OpportunityBuild a hybrid, citizen-first model combining privacy, agency, and economic valueNeeds legislation and tech ecosystem

Challenges

  • Digital Divide: Rural and small clinics lack digital infrastructure.
  • Low Awareness: Citizens unaware of rights or data value.
  • Ethical Use: AI models trained on data must be transparent and accountable.
  • Data Monetization: No clear legal framework for citizens to license or profit from their data.
  • Security Concerns: Potential for misuse or leaks without strong privacy laws.

Way Forward

Citizen-Centric Model of Data Governance

  1. Legal Recognition of Data Ownership
    • Citizens must have property-like rights over personal data.
  2. Dynamic Consent Systems
    • Allow granular, revocable consent for specific use cases (e.g., research, insurance).
  3. Data Cooperatives or Trusts
    • Citizens can pool data and negotiate usage collectively.
  4. Public Digital Infrastructure
    • Expand ABDM and ensure open standards, low-cost integration, and data security.
  5. Balancing Innovation & Rights
    • Encourage startups and researchers with ethical frameworks, not blanket restrictions.

Exam Connect – Possible Questions

Prelims:

Q1. Which of the following statements best describes the objective of the Ayushman Bharat Digital Mission (ABDM)?

(a) To provide free insurance to every citizen
(b) To create a nationwide digital ecosystem for health data governed by citizens’ consent
(c) To replace Aadhaar with a health ID card
(d) To build AI-based diagnostic tools for hospitals

Correct Answer: (b)
Explanation: The ABDM aims to create an integrated digital health infrastructure where individuals own and control their health data. It focuses on consent-based access, interoperability, and citizen-first governance.

Q2. Under India’s citizen-centric data governance model, which of the following is/are correct?

  1. Data is viewed only as a matter of identity.
  2. Citizens can revoke consent to access their health data.
  3. Health data platforms are considered custodians, not owners.

Select the correct answer using the codes below:

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

Correct Answer: (b)
Explanation:

  • Statement 1 is incorrect: The new approach also views data as a property with economic value, not just identity.
  • Statements 2 & 3 are correct: Citizens can revoke consent, and ABDM states that platforms are data custodians, while citizens are data owners.

Q3. Consider the following components of the Ayushman Bharat Digital Mission (ABDM):

  1. ABHA (Ayushman Bharat Health Account) ID
  2. Consent Manager
  3. Health Facility Registry
  4. Digital Health Insurance Marketplace

Which of the above are officially part of the ABDM framework?

(a) 1, 2, and 3 only
(b) 1, 2, and 4 only
(c) 2, 3, and 4 only
(d) All 4

Correct Answer: (a)
Explanation: ABDM includes the ABHA ID, a consent manager, and registries for health facilities and professionals.
Digital health insurance marketplaces are not part of the core ABDM components as of now.

Q4. Which of the following best defines “data as property” in the context of health data governance?

(a) Data is stored in a secure public repository.
(b) Data is used only for patient treatment.
(c) Data is owned by the state for policy formulation.
(d) Data has economic value, and individuals should have ownership and control over its use

Correct Answer: (d)
Explanation: In the “data as property” model, data is considered a personal economic asset. Citizens can own, control, and even monetize their data with proper consent.

Q5. Which of the following global models of health data governance aligns best with India’s predominantly private healthcare sector?

(a) United Kingdom’s NHS Model
(b) United States’ Patient-Centric Model
(c) Canada’s Single-Payer Model
(d) Sweden’s State-Owned Healthcare Model

Correct Answer: (b)
Explanation: The U.S. model allows patients access to their records and reflects a private-dominated system—closer to India’s current landscape, though India seeks to enhance citizen agency and consent mechanisms.

Mains:

Q. “India must move from a compliance-driven to a citizen-centric approach in health data governance.” Discuss this statement in light of the challenges and opportunities in India’s digital health ecosystem.
(250 words)


3. Parliamentary Action for Social Development and Justice – Polity

Why in News?

At the 150th Assembly of the Inter-Parliamentary Union (IPU) in Tashkent, the Lok Sabha Speaker highlighted the role of parliaments in achieving social justice, inclusion, and development, reinforcing the idea that legislative institutions are key agents of democratic transformation.

Context: What is the IPU?

FeatureDetails
Founded1889
HeadquartersGeneva, Switzerland
Members181 national parliaments + 15 associate members
NatureOldest international parliamentary organization; consultative status with the UN ECOSOC
Main ObjectivePromote peace, democracy, dialogue, and human rights through parliamentary diplomacy

Core Function: Role of IPU in Global Governance

  • Dialogue Platform: Brings together legislators globally to discuss common issues such as climate change, peace, gender equality, health, and SDGs.
  • Committee on Human Rights of Parliamentarians: Investigates complaints regarding persecution, detention, or abuse of MPs worldwide.
  • Promotes Parliamentary Strengthening: Supports reforms to make parliaments more diverse, inclusive, and representative.

IPU Assemblies and India’s Role

  • Two Assemblies per year: Each gathers 1,500+ delegates, including Speakers, MPs, and staff.
  • India plays a prominent role as a founding member and regular contributor to debates on:
    • Sustainable Development Goals (SDGs)
    • Gender equality in Parliament
    • South-South Cooperation
    • Democratic governance and human rights

India’s Parliamentary Efforts for Social Justice

The Indian Parliament has legislated and debated on several critical areas of social equity:

Recent Legislative Actions

Law/MeasureObjective
Reservation for Women in Lok Sabha & State Assemblies (128th Constitution Amendment Bill, 2023)Enhancing political representation of women
SC/ST (Prevention of Atrocities) Amendment Act, 2018Strengthening provisions to protect marginalized groups
Transgender Persons (Protection of Rights) Act, 2019Legal recognition and protection of transgender individuals
Rights of Persons with Disabilities Act, 2016Promoting inclusion of differently-abled persons
Labour Codes (2019–2020)Extending formal protections to gig and informal workers

Parliament as a Tool of Inclusion

  • Law-making: Legislating inclusive laws that uphold equity and justice.
  • Deliberation: Debating issues of marginalized sections (e.g., Dalits, tribals, minorities, women).
  • Representation: Ensuring political representation through affirmative action (e.g., SC/ST reserved seats).
  • Oversight: Holding the executive accountable for implementing welfare schemes (e.g., MGNREGA, PMAY).

Linking with SDGs

Parliamentary action is closely tied to the achievement of UN SDGs, especially:

SDGRelevance
SDG 1 (No Poverty)Through welfare legislation and social security schemes
SDG 5 (Gender Equality)Via women’s reservation, anti-discrimination laws
SDG 10 (Reduced Inequalities)Laws targeting caste, religion, gender, and disability-based inequalities
SDG 16 (Peace, Justice, and Strong Institutions)Strengthening democratic institutions, judicial reforms, and human rights legislation

Prelims Pointers

  • IPU HQ: Geneva, Switzerland
  • India’s Membership: Founding member
  • Core IPU Bodies:
    • Assembly
    • Governing Council
    • Executive Committee
    • Committee on Human Rights of Parliamentarians
  • Meetings: 2 per year with over 180 parliaments participating

Exam Connect – Possible Questions

Prelims:

Q1. Which of the following statements about the Inter-Parliamentary Union (IPU) is/are correct?

  1. It is the oldest international parliamentary organization.
  2. Its headquarters is located in Brussels.
  3. It has consultative status with the United Nations Economic and Social Council (ECOSOC).

Select the correct option:

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

Correct Answer: (b)
Explanation:

  • Statement 1 is correct: IPU was founded in 1889, making it the oldest international parliamentary organization.
  • Statement 2 is incorrect: IPU’s headquarters is in Geneva, Switzerland, not Brussels.
  • Statement 3 is correct: IPU has consultative status with the UN ECOSOC.

Q2. Which of the following are core functions of the Inter-Parliamentary Union (IPU)?

  1. Supporting gender equality in legislative bodies
  2. Investigating human rights violations of parliamentarians
  3. Drafting international treaties on climate change

Choose the correct answer:

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

Correct Answer: (a)
Explanation:

  • Statement 1: True. IPU promotes inclusive and gender-equal parliaments.
  • Statement 2: True. The Committee on the Human Rights of Parliamentarians investigates abuse or harassment of MPs.
  • Statement 3: False. IPU does not draft treaties; that is the role of sovereign states and international bodies like the UNFCCC.

Q3. Consider the following laws passed by the Indian Parliament related to social development and justice:

  1. Transgender Persons (Protection of Rights) Act, 2019
  2. SC/ST (Prevention of Atrocities) Amendment Act, 2018
  3. Labour Codes (2019–2020)
  4. Citizenship (Amendment) Act, 2019

Which of the above directly promote social inclusion and protection of marginalized communities?

(a) 1, 2, and 3 only
(b) 2, 3, and 4 only
(c) 1 and 2 only
(d) All four

Correct Answer: (a)
Explanation:

  • The Citizenship Amendment Act (CAA) 2019 has been controversial and is not considered a direct tool for promoting inclusion by many analysts.
  • Acts 1, 2, and 3 focus on rights, equity, and formal protections for vulnerable groups.

Q4. The Indian Parliament plays a role in achieving which of the following UN Sustainable Development Goals (SDGs)?

  1. SDG 1 – No Poverty
  2. SDG 5 – Gender Equality
  3. SDG 10 – Reduced Inequalities
  4. SDG 16 – Peace, Justice and Strong Institutions

Select the correct code:

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1, 2, and 3 only
(d) All of the above

Correct Answer: (d)
Explanation: The Indian Parliament contributes to all listed goals through welfare laws, affirmative action, inclusive representation, and judicial/legal reforms, thus strengthening institutions.

Q5. Which of the following are key organs of the Inter-Parliamentary Union (IPU)?

  1. General Assembly
  2. Governing Council
  3. Executive Committee
  4. Committee on the Human Rights of Parliamentarians

Select the correct option:

(a) 1, 2, and 3 only
(b) 2, 3, and 4 only
(c) 1, 3, and 4 only
(d) All four

Correct Answer: (b)
Explanation:

  • The General Assembly is a UN body, not a part of IPU.
  • The IPU has an Assembly, but it’s not called the General Assembly.
  • The Governing Council, Executive Committee, and the Committee on the Human Rights of Parliamentarians are all official IPU bodies.

Mains:

Q. Discuss the role of parliamentary diplomacy and global parliamentary forums like the Inter-Parliamentary Union in promoting social development and justice. How has India contributed to these efforts?
(250 words)


4. Tensions Rise Over MSME Reclassification in Budget 2025 – Economy

Why in News?

The Union Budget 2025 introduced a revised framework for classifying Micro, Small, and Medium Enterprises (MSMEs), updating investment and turnover thresholds. While the government cites modernization and inflation adjustment, the move has sparked criticism from micro and small enterprises fearing marginalization.

Updated MSME Classification (Effective April 1, 2025)

CategoryOld Investment LimitNew Investment LimitOld Turnover LimitNew Turnover Limit
Micro₹1 crore₹2.5 crore₹5 crore₹10 crore
Small₹10 crore₹25 crore₹50 crore₹100 crore
Medium₹50 crore₹125 crore₹250 crore₹500 crore

Rationale Behind the Change

ObjectiveExplanation
Support Business GrowthReflects inflation-adjusted costs of doing business.
Boost Global CompetitivenessEncourages enterprises to scale vertically and access global markets.
Ease of Capital AccessHigher thresholds make more businesses eligible for credit and schemes.
Attract InvestmentMakes Indian MSMEs more attractive to foreign investors.

Concerns Raised by Micro and Small Enterprises

ConcernImpact
Dominance by Medium EnterprisesMedium-sized firms may absorb benefits meant for smaller players (e.g., subsidies, procurement quotas).
Skewed Public ProcurementThe 25% MSME quota in government tenders may increasingly be captured by larger medium units.
Credit Access ChallengesBanks may prefer lending to safer medium firms over high-risk micro units.
Premature ReformRecovery from COVID-19 and inflation shocks is ongoing; the timing may burden smaller firms further.

Broader Implications for the MSME Sector

Positive Aspects:

  • May formalize and scale the “missing middle” — businesses that stagnate at micro/small stage.
  • Aligns with Make in India and Ease of Doing Business goals.
  • May streamline compliance under GST and other frameworks with upgraded reporting.

Risks and Challenges:

  • Inequitable Benefit Distribution: Micro-enterprises (~95% of MSMEs) risk being left out.
  • Policy Overlap: Sector-specific schemes (e.g., CGTMSE credit guarantee) may need revamping.
  • Regulatory Burden: Upgraded classification may result in increased compliance costs for micro/small firms.

Prelims Facts

  • MSMEs contribute ~30% to India’s GDP, ~48% to exports, and employ ~11 crore people.
  • Public Procurement Policy mandates 25% of government procurement to be from MSMEs (including 4% from SC/ST enterprises and 3% from women-owned units).
  • MSMEs fall under the Ministry of MSME; regulated under the MSME Development Act, 2006.

Exam Connect – Possible Questions

Prelims:

Q1. Which of the following is the correct updated classification for Micro Enterprises under the Union Budget 2025?

(a) Investment up to ₹1 crore and turnover up to ₹5 crore
(b) Investment up to ₹2.5 crore and turnover up to ₹10 crore
(c) Investment up to ₹10 crore and turnover up to ₹50 crore
(d) Investment up to ₹5 crore and turnover up to ₹25 crore

Correct Answer: (b)
Explanation:
As per Budget 2025:

  • Micro Enterprise: Investment up to ₹2.5 crore, Turnover up to ₹10 crore.

Q2. Consider the following statements about MSMEs in India:

  1. MSMEs contribute around 30% to India’s GDP.
  2. MSMEs account for approximately 48% of India’s exports.
  3. MSMEs employ nearly 20 crore people in India.

Which of the above statements are correct?

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

Correct Answer: (a)
Explanation:

  • Statement 1: Correct (MSMEs contribute ~30% to GDP).
  • Statement 2: Correct (They contribute ~48% to exports).
  • Statement 3: Incorrect. MSMEs employ about 11 crore, not 20 crore people.

Q3. The Public Procurement Policy for MSMEs mandates what minimum percentage of government procurement to be made from MSMEs?

(a) 15%
(b) 20%
(c) 25%
(d) 33%

Correct Answer: (c)
Explanation:
As per current policy, 25% of government procurement is reserved for MSMEs.

  • 4% of this is for SC/ST-owned units
  • 3% for women-owned enterprises.

Q4. Under the revised MSME classification (2025), what is the new investment limit for medium enterprises?

(a) ₹50 crore
(b) ₹75 crore
(c) ₹100 crore
(d) ₹125 crore

Correct Answer: (d)
Explanation:

  • The new investment limit for medium enterprises is ₹125 crore.
  • Turnover limit is now ₹500 crore.

Q5. Which of the following are concerns associated with the new MSME classification criteria introduced in Budget 2025?

  1. Medium enterprises may dominate benefits meant for smaller players.
  2. Micro enterprises may face reduced access to government procurement quotas.
  3. Banks may reduce lending to medium enterprises due to increased risk.

Select the correct answer:

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) All of the above

Correct Answer: (a)
Explanation:

  • Statement 1: Valid concern—medium firms may capture a larger share of benefits.
  • Statement 2: Micro enterprises could be sidelined in public procurement.
  • Statement 3: Banks are more likely to prefer lending to medium enterprises, not less.

Mains:

Q. “The revised classification criteria for MSMEs in Budget 2025 may promote growth but risk marginalizing micro-enterprises.” Critically examine this statement in light of recent policy developments.
(250 words)


5. Strengthening Enforcement of Judicial Orders in India – Governance

Why in News?

The National Green Tribunal (NGT) issued a directive restricting the use of air horns between 10 p.m. and 6 a.m., but non-compliance by authorities has exposed a systemic problem: judicial orders often lack effective enforcement, revealing an implementation gap between legal mandates and administrative action.

Key Takeaways

  • Judicial orders are not self-enforcing: Courts depend on executive agencies (police, local bodies, pollution boards, etc.) for implementation.
  • Institutional inertia and inter-agency disconnect often result in ineffective execution of environmental, social, and regulatory orders.
  • Public awareness, judicial foresight, and strong administrative will are essential for meaningful compliance.

Examples of Enforcement (or Lack Thereof)

CaseOutcome
NGT Air Horn Ban (2024–25)Remains largely unenforced due to poor coordination between NGT, traffic police, and state governments.
State of Tamil Nadu v. K. Balu (2017)SC banned liquor shops on highways, but enforcement was weak as states rerouted highways or relocated shops.
Common Cause v. Union of India (2018)Targeted appointment transparency in public offices; successful due to specific deadlines and SC oversight.
Taj Trapezium Zone CaseShowed that sustained judicial pressure + multi-agency cooperation can protect heritage and environmental zones.

Key Concepts

Judicial Foresight

  • Effective rulings anticipate administrative limitations.
  • Orders should be clear, time-bound, and accompanied by enforcement mechanisms.

Accountability and Compliance

  • Without follow-up, even landmark rulings lose impact.
  • Example: Noise pollution rules often ignored despite clear orders from the SC and NGT.

Recommendations for Strengthening Enforcement

StrategyExplanation
Dedicated Enforcement OfficersEach department should appoint officials responsible for enforcing court orders.
Technology UseReal-time dashboards and mobile apps can monitor compliance (e.g., CPCB’s Online Monitoring of Pollutants).
Judicial Monitoring CommitteesEmpowered multi-stakeholder bodies to oversee compliance in sensitive areas (e.g., environmental zones).
Public Awareness CampaignsHelp ensure societal buy-in and reduce dependency on police-led enforcement.
Penalty + Incentive ModelCombine fines for non-compliance with rewards for proactive action (carrot and stick approach).
Inter-Agency CooperationOrders should mandate joint responsibility across departments (e.g., police + municipal bodies + transport).

Prelims Pointers

  • Article 142 of the Constitution empowers the Supreme Court to pass any order to ensure complete justice.
  • National Green Tribunal (NGT) was established under the NGT Act, 2010.
  • Contempt of Courts Act, 1971 governs punitive actions for non-compliance with judicial directives.

Exam Connect – Possible Questions

Prelims:

Q1. Article 142 of the Constitution of India is significant because:

(a) It empowers the President to dissolve the Lok Sabha in case of a constitutional crisis.
(b) It allows the Prime Minister to overrule Parliament decisions in emergencies.
(c) It enables the Supreme Court to pass any order necessary to do complete justice in any case.
(d) It allows the High Courts to review constitutional amendments.

Correct Answer: (c)
Explanation: Article 142 provides the Supreme Court the power to issue any decree or order necessary for doing complete justice in a matter pending before it.

Q2. Consider the following statements about the National Green Tribunal (NGT):

  1. It was established under the Environment Protection Act, 1986.
  2. It has powers to enforce legal rights relating to the environment.
  3. It can only hear cases referred to it by the Supreme Court.

Which of the above statements is/are correct?

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

Correct Answer: (b)
Explanation:

  • Statement 1: Incorrect – The NGT was established under the National Green Tribunal Act, 2010, not under the Environment Protection Act.
  • Statement 2: Correct – NGT enforces legal rights related to the environment.
  • Statement 3: Incorrect – NGT can hear cases filed directly by individuals, organizations, or referred by courts.

Q3. Which of the following laws governs punishment for non-compliance with judicial orders in India?

(a) Judicial Standards and Accountability Act, 2010
(b) Code of Criminal Procedure, 1973
(c) Contempt of Courts Act, 1971
(d) Tribunal Reforms Act, 2021

Correct Answer: (c)
Explanation:
The Contempt of Courts Act, 1971 deals with civil and criminal contempt, including willful disobedience of court judgments.

Q4. With reference to judicial enforcement mechanisms in India, consider the following:

  1. Courts can direct executive agencies to implement rulings under Article 142.
  2. The judiciary in India has independent enforcement wings to execute its orders.
  3. Non-compliance with judicial orders can attract contempt proceedings.

Which of the above statements are correct?

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

Correct Answer: (b)
Explanation:

  • Statement 1: True – Article 142 allows SC to ensure enforcement.
  • Statement 2: False – The judiciary depends on executive agencies (like police, municipalities) for enforcement.
  • Statement 3: True – Non-compliance can be penalized under the Contempt of Courts Act.

Q5. Which of the following is/are examples of weak enforcement of judicial orders in India?

  1. Liquor ban near highways (State of Tamil Nadu v. K. Balu, 2017)
  2. SC order on women’s entry into Sabarimala temple
  3. Taj Trapezium Zone pollution control enforcement

Select the correct answer:

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

Correct Answer: (a)
Explanation:

  • Case 1 (Liquor ban): States circumvented by rerouting highways.
  • Case 2 (Sabarimala): Widespread protests and poor compliance.
  • Case 3 (Taj Trapezium): Successful enforcement due to sustained judicial monitoring.

Mains:

Q. “Judicial activism without administrative follow-through leads to symbolic justice.” In the light of recent judgments by NGT and the Supreme Court, critically examine the challenges and solutions to enforcing judicial orders in India.
(250 words)