1. A Proclamation of Democracy in Legislative Process – Polity
(Supreme Court Judgment: State of Tamil Nadu vs. Governor of Tamil Nadu)
Why in News?
- The Supreme Court of India, in a landmark judgment (State of Tamil Nadu vs. Governor of Tamil Nadu), clarified the constitutional roles of the Governor and President in the legislative process.
- The Court ruled that indefinite delays in granting assent to State Bills by Governors or the President violate the spirit of democracy and accountability.
- It invoked Article 142 to impose time limits on such executive actions, marking a progressive shift in constitutional interpretation.
Key Highlights of the Judgment
Aspect | Ruling Summary |
---|---|
Role of Governors/President | They are constitutional functionaries, not political veto-holders |
Time Limits | SC directed that decisions on Bills cannot be indefinitely delayed |
Article 142 Invoked | Used to ensure complete justice and uphold the legislative process |
Reasoned Decisions | Any denial of assent must be accompanied by a written, reasoned explanation |
Judicial Review Enabled | Allows the Court to review delays or rejections in legislative processes |
Constitutional and Legal Context
Article | Provision |
---|---|
Article 200 | Governor’s powers regarding assent to State Bills |
Article 201 | President’s power to withhold/assent to State Bills reserved by Governor |
Article 142 | Supreme Court’s power to pass any decree for “complete justice” |
Article 74 | Mandates the President to act on advice of the Council of Ministers |
Implications of the Verdict
- Strengthens Legislative Supremacy: Ensures that elected legislatures cannot be stalled by executive inaction.
- Enhances Accountability: Governors/Presidents are now bound to provide justifiable reasons for their decisions.
- Affirms Democratic Federalism: Reinforces States’ law-making autonomy under the Constitution.
- Judicial Overreach Concerns: Critics argue the judiciary is overstepping into executive domain.
Relevance & Implications
- GS Paper II – Indian Constitution and Governance:
- Ideal for discussing separation of powers, constitutional roles, and judicial activism.
- Useful for questions on federal balance and legislative-executive relations.
- For Himachal Pradesh:
- HP, like other states, must uphold cooperative federalism and prevent governor-legislature conflicts.
- This case sets precedent for timely clearance of state policies, including agriculture, reservation, and land-use laws.
Summary
In the State of Tamil Nadu vs. Governor of Tamil Nadu case, the Supreme Court ruled that delays by Governors or the President in assenting to State Bills undermine democratic principles. Invoking Article 142, the Court imposed time limits and required reasoned decisions, reinforcing legislative supremacy and federal accountability. While the verdict ensures timely legislative action and transparency, it also raises debates on judicial overreach into executive functions.
Exam Connect – Possible Questions
Prelims :
1. Article 200 of the Constitution pertains to:
a) Distribution of revenues between Union and States
b) Powers of the President regarding emergency
c) Governor’s role in granting assent to State Bills
d) Financial emergency provisions
Answer: c) Governor’s role in granting assent to State Bills
2. Which Article empowers the Supreme Court to pass any order for doing “complete justice”?
a) Article 136
b) Article 142
c) Article 123
d) Article 246
Answer: b) Article 142
Mains :
- “Governors are not meant to act as political agents but as constitutional functionaries.” In the context of the recent Supreme Court ruling, discuss the importance of timely assent to State Bills in preserving federal values.
(GS Paper II – Indian Constitution / Centre-State Relations) - “The judiciary must walk the fine line between interpretation and intervention.” Examine the balance between judicial oversight and executive discretion in the legislative process.
(GS Paper II – Separation of Powers / Judicial Review)
2. Reimagining India’s Bilateral Investment Treaty (BIT) Framework – InternationaI Relations
Why in News?
- The Union Budget 2024–25 proposes a revamp of India’s 2015 Model Bilateral Investment Treaty (BIT).
- The government is considering a dual-model BIT strategy to tailor treaties based on capital-exporting and capital-importing countries.
- The proposal aims to balance sovereignty, regulatory autonomy, and the need to attract foreign investment.
Background: What is a Bilateral Investment Treaty (BIT)?
Feature | Description |
---|---|
Definition | An agreement between two countries to provide reciprocal protection to investments made by investors from either country |
Purpose | To promote FDI inflow, ensure legal protection, and provide dispute resolution mechanisms |
Mechanism | Includes Investor-State Dispute Settlement (ISDS) clauses, often allowing investors to sue states in international tribunals |
India’s 2015 Model BIT: Key Features & Criticism
Feature | Intent | Criticism |
---|---|---|
Exhaustion of Local Remedies | Investor must approach domestic courts for 5 years before seeking international arbitration | Seen as deterrent to investors due to lengthy legal process |
Narrow Investment Definition | Limits protection to direct investments | Excludes portfolio or indirect investments, reducing investor confidence |
Sovereignty-Focused Language | Prioritizes India’s regulatory autonomy | Criticized for being too defensive, discouraging foreign investors |
Dual BIT Strategy: What’s Proposed?
Model Type | Intended Partner Type | Features |
---|---|---|
Model A | Capital-importing countries (India receives FDI) | More investor-friendly, broader protections |
Model B | Capital-exporting countries (India sends FDI abroad) | Greater regulatory autonomy, cautious approach to ISDS |
Challenges of the Dual Model Approach
- Dynamic Capital Relationships:
- Country status (importer/exporter) changes over time. E.g., India is both importing FDI from EU and exporting FDI to Africa.
- Legal Inconsistency:
- Treating countries differently may violate the MFN clause in other treaties, harming India’s credibility.
- International Reputation Risk:
- Inconsistent policies may reduce trust in India’s legal framework and investment commitments.
MFN Clause and Its Role
Feature | Impact on BITs |
---|---|
Most Favoured Nation (MFN) | Ensures non-discriminatory treatment among all BIT partners |
Implication for Dual Models | Could undermine dual BITs if one partner demands treatment offered to another country |
Relevance & Implications
- GS Paper II – Bilateral and Multilateral Agreements:
- Useful for questions on India’s evolving economic diplomacy, BITs, and investment climate.
- Links to India’s role in global economic governance and negotiating power in multilateral settings (WTO, UNCTAD).
- For Himachal Pradesh:
- While FDI may not directly target HP, investment treaties affect broader business sentiment, exports, and start-up ecosystems, including in tourism, horticulture, and herbal products.
Summary
India plans to revamp its 2015 Model BIT by adopting a dual-model approach—offering investor-friendly terms to capital-importing countries and more regulatory control in treaties with capital-exporting partners. While this may enhance strategic flexibility, it risks legal inconsistency and MFN clause violations. The move reflects India’s attempt to balance attracting FDI with preserving policy autonomy, amid evolving global investment dynamics and economic diplomacy priorities.
Exam Connect – Possible Questions
Prelims :
1. Which of the following is a key feature of India’s 2015 Model BIT?
a) Automatic international arbitration for all disputes
b) Mandatory local remedies for five years before arbitration
c) Inclusion of portfolio investments under protection
d) No protection for any form of investment
Answer: b) Mandatory local remedies for five years before arbitration
2. The Most Favoured Nation (MFN) clause in investment treaties ensures:
a) Priority to domestic investors over foreign investors
b) Special treatment to strategic partners only
c) Equal treatment among all partner countries
d) Protection from currency fluctuations
Answer: c) Equal treatment among all partner countries
Mains :
- “India’s Bilateral Investment Treaty framework must evolve with global investment patterns.” Critically evaluate the proposal for dual-model BITs and its implications for India’s investment climate.
(GS Paper II – Bilateral Agreements / Economic Diplomacy) - “Balancing national sovereignty with investor protection is central to modern treaty-making.” In the context of the 2015 Model BIT, discuss how India can reframe its BITs to serve both economic and strategic goals.
(GS Paper II – Governance and International Relations)
3. India, Rising Power Demand and the ‘Hydrogen Factor’ – Environment
Why in News?
- India’s strategy to achieve net-zero carbon emissions by 2070 is driving major changes in its energy sector, with a shift toward electrification, nuclear power, and hydrogen technologies.
- As part of this transition, the focus is on low-carbon energy sources, green hydrogen, and grid balancing to meet rising power demand and ensure sustainability.
Electrification: The Core of the Energy Transition
Term | Definition |
---|---|
Electrification | Replacing fossil fuel-based energy with electricity, especially from renewable sources |
Sectors Affected | Industry, transport, residential heating, and manufacturing |
Challenge | Need for stable, uninterrupted, and low-carbon electricity supply |
Hydrogen – The Flexible Energy Carrier
Role of Hydrogen | Use Cases and Benefits |
---|---|
Grid Balancing | Surplus renewable energy is used to produce hydrogen via electrolysis |
Industrial Applications | Hydrogen can replace coal in steel production, reducing CO₂ emissions |
Energy Storage | Acts as a long-duration storage medium, storing energy from solar/wind |
Clean Fuel | Green hydrogen is zero-emission, when produced using renewable energy |
Hydrogen Electrolysis: How It Works
- Process: Electricity is used to split water (H₂O) into hydrogen (H₂) and oxygen (O₂).
- Types:
- Green Hydrogen – from renewable energy
- Grey Hydrogen – from natural gas (carbon-intensive)
- Blue Hydrogen – from fossil fuels but with carbon capture and storage (CCS)
Green hydrogen is central to India’s National Green Hydrogen Mission (2023), targeting 5 MMT (million metric tonnes) annual production by 2030.
Role of Nuclear Energy
Aspect | Details |
---|---|
Planned Capacity | 100 GW nuclear capacity by 2047 |
Key Locations | Reactors in Rajasthan (Rawatbhata), Gujarat (Kakrapar), etc. |
Technology | Pressurised Heavy Water Reactors (PHWRs), stable base-load providers |
Why Needed? | To provide consistent power for grid balancing alongside renewables |
Challenges in the Net-Zero Energy Transition
- Renewable Intermittency: Solar and wind are not always available; need storage or backup.
- Grid Stability: Excess generation can destabilize power supply.
- High Initial Costs: Green hydrogen production and electrolysis tech are still expensive.
- Infrastructure Gaps: Pipelines, storage, and distribution systems for hydrogen are underdeveloped.
India’s Strategic Approach
- National Green Hydrogen Mission: Investment of ₹19,744 crore to scale hydrogen production and exports.
- Energy Storage Initiatives: Incentivizing battery storage and pumped hydro projects.
- Nuclear Expansion: Focus on clean, base-load energy to complement renewables.
Relevance & Implications
- GS Paper III – Environment and Energy Security:
- Useful for questions on energy transition, climate goals, technology adoption, and sustainable industries.
- For Himachal Pradesh:
- HP can benefit from:
- Small hydropower and solar surplus converted into green hydrogen.
- Setting up hydrogen-based mobility solutions in clean zones (e.g., Manali, Shimla).
- Cold chain storage and electrified tourism infrastructure using renewable sources.
- HP can benefit from:
Summary
India’s push for net-zero emissions by 2070 is driving a shift toward electrification, green hydrogen, and nuclear power. Green hydrogen, produced via electrolysis using renewable energy, offers clean energy storage, industrial use, and grid balancing. The National Green Hydrogen Mission and nuclear capacity expansion aim to address renewable intermittency and rising demand. However, high costs and infrastructure gaps remain key challenges in scaling hydrogen-based energy solutions.
Exam Connect – Possible Questions
Prelims :
1. Which of the following correctly defines “green hydrogen”?
a) Hydrogen produced from biomass
b) Hydrogen produced from fossil fuels with carbon capture
c) Hydrogen produced using renewable energy
d) Hydrogen stored in glaciers
Answer: c) Hydrogen produced using renewable energy
2. In the context of energy transition, the term “electrolysis” refers to:
a) Breaking hydrocarbons using heat
b) Splitting water into hydrogen and oxygen using electricity
c) Burning hydrogen to produce electricity
d) Cooling steam for electricity
Answer: b) Splitting water into hydrogen and oxygen using electricity
Mains :
- “Hydrogen is the missing link in India’s clean energy ecosystem.” Discuss the role of hydrogen in achieving India’s net-zero ambitions, with reference to energy storage and industrial applications.
(GS Paper III – Environment / Sustainable Development) - “Renewable energy alone cannot meet India’s future power demand.” Evaluate the role of nuclear energy and green hydrogen in ensuring grid stability and energy security.
(GS Paper III – Energy and Environment Policy)
4. Beware of Child Traffickers: Supreme Court Cautions Parents – Governance
Why in News?
- The Supreme Court of India issued a stern warning to parents, hospitals, and state governments over the rise in child trafficking.
- It mandated that all pending child trafficking cases must be resolved within six months.
- It also warned that hospitals would face license revocation if found negligent in cases where newborns go missing.
Key Observations from the Supreme Court
Concern | Court’s Directive or Criticism |
---|---|
Parental Vigilance | Parents must remain alert and informed about child safety risks |
Hospital Accountability | Hospitals must ensure security of newborns; negligence = license loss |
Judicial Oversight | States must track trafficking cases and appeal bail orders promptly |
Insensitive Judgments | Criticized Allahabad High Court for granting bail to traffickers |
Time-Bound Justice | Directed that all pending child trafficking cases be resolved in six months |
The Broader Issue: Child Trafficking in India
Dimension | Explanation |
---|---|
Forms of Exploitation | Children trafficked for forced labour, begging, sexual exploitation, illegal adoption |
Targeted Demographics | Economically vulnerable families, often in rural and semi-urban areas |
Use of Juvenile Laws | Trafficked children used in crimes like drug peddling due to reduced penalties under Juvenile Justice Act |
Illegal Adoption Nexus | Demand-supply gap in legal adoption creates underground markets for trafficked children |
Weaknesses in Current System
- Lack of Coordination between Child Welfare Committees, Police, CARA (Central Adoption Resource Authority).
- Inadequate surveillance and digital tracking of newborns in hospitals.
- Slow prosecution, allowing traffickers to get bail or escape conviction.
- Community unawareness leads to low reporting and increased vulnerability.
Supreme Court’s Prescriptions
Action Area | Measures Proposed |
---|---|
Hospital Protocols | Thorough identity verification of guardians, baby discharge security |
Judicial Monitoring | Fast-track courts for trafficking cases with 6-month resolution target |
State Government Responsibility | Must appeal bail orders, strengthen child protection units |
Awareness Campaigns | National drives to educate poor communities about risks and safeguards |
Centralized Monitoring | Suggested integrated tracking system for missing children cases |
Relevance & Implications
- GS Paper II – Governance & Social Justice:
- Vital for discussing vulnerable children, judicial activism, and healthcare accountability.
- Relevant for public health administration and law enforcement reforms.
- For Himachal Pradesh:
- With high tribal and remote area populations, HP faces child safety risks, especially in migration corridors.
- Ensuring hospital compliance and rural awareness can prevent trafficking from low-surveillance zones.
Summary
The Supreme Court has mandated swift action on child trafficking, directing all pending cases to be resolved within six months and warning hospitals of license revocation for negligence in newborn safety. It criticized lenient bail decisions and called for improved hospital protocols, fast-track courts, and awareness in vulnerable communities. The judgment highlights systemic gaps in child protection and emphasizes stronger coordination, accountability, and judicial oversight to combat trafficking.
Exam Connect – Possible Questions
Prelims :
1. Which organization regulates child adoption procedures in India?
a) National Commission for Protection of Child Rights
b) Central Adoption Resource Authority (CARA)
c) National Child Protection Bureau
d) Indian Council for Child Welfare
Answer: b) Central Adoption Resource Authority (CARA)
2. Under which act are juvenile offenders in India given separate legal treatment?
a) Child Labour (Prohibition and Regulation) Act
b) Juvenile Justice (Care and Protection of Children) Act, 2015
c) Protection of Children from Sexual Offences (POCSO) Act
d) Immoral Traffic (Prevention) Act
Answer: b) Juvenile Justice (Care and Protection of Children) Act, 2015
Mains :
- “The rise of child trafficking in India reflects both institutional weaknesses and societal neglect.” Discuss the role of state and judiciary in protecting children from trafficking, with recent judicial interventions.
(GS Paper II – Governance / Vulnerable Sections) - “Hospitals are the first line of defense against child trafficking.” Analyze the accountability of healthcare institutions in safeguarding newborns and the legal mechanisms to enforce it.
(GS Paper II – Health Governance / Child Rights)
5. India’s Prison Conditions and Global Extradition Challenges – Polity
Why in News?
- Former Supreme Court judge, Justice Madan B. Lokur, raised concerns that inhumane conditions in Indian prisons are damaging India’s credibility in international legal systems, particularly affecting extradition cases.
- A recent UK appellate court denied the extradition of Sanjay Bhandari, citing substandard prison conditions in facilities like Tihar Jail.
- Over 100 pending extradition cases are at risk, impacting India’s ability to bring back high-profile fugitives like Mehul Choksi.
Key Case Triggering the Debate: UK v. Sanjay Bhandari
Court Decision | Grounds for Denial |
---|---|
UK Court Refusal | India could not guarantee humane treatment or safety of the extradited individual |
Facility Cited | Tihar Jail – noted for past violence, overcrowding, and custodial deaths |
Human Rights Concerns | Includes cases like Tillu Tajpuria (beaten in jail) and Ankit Gujjar (died in custody) |
India Justice Report 2025: Key Findings on Prisons
Problem Area | Current Status |
---|---|
Overcrowding | Some states (e.g., Uttar Pradesh) show over 180% occupancy in jails |
Understaffing | Chronic shortage of prison guards and medical staff |
Infrastructure | Poor sanitation, ventilation, and lack of surveillance systems |
Rehabilitation | Inadequate programs for legal aid, vocational training, or reintegration |
Impact on International Extraditions
Consequence | Explanation |
---|---|
Loss of Credibility | Courts in UK, Canada, and Europe now question India’s human rights assurances |
Delay in Justice | Economic offenders like Nirav Modi, Vijay Mallya face prolonged legal battles abroad |
Treaty Complications | May strain bilateral extradition treaties due to non-compliance with UNHRC norms |
Reputation Damage | Affects India’s image as a law-abiding democratic state |
Reform Measures Urgently Needed
Area of Reform | Suggested Measures |
---|---|
Infrastructure Upgrade | Expand jails, improve ventilation, medical care, and surveillance |
Legal Oversight | Establish independent prison monitoring bodies |
Staffing Reforms | Recruit and train more prison staff; improve staff-prisoner ratio |
Digital Court Integration | Faster trials to reduce undertrial population |
Human Rights Protocols | Align with UN Standard Minimum Rules (Nelson Mandela Rules) |
Relevance & Implications
- GS Paper II – Polity and Governance:
- Relevant for questions on criminal justice system reform, judicial delays, and India’s international obligations.
- Connects domestic institutional conditions with foreign policy and legal diplomacy.
- For Himachal Pradesh:
- Smaller jails in hill districts often lack adequate infrastructure.
- Case studies can inform HP prison reforms, especially in judicial training and judicial custodial oversight.
Summary
India’s poor prison conditions—marked by overcrowding, violence, and custodial deaths—are increasingly cited in foreign courts to deny extraditions, as seen in the UK’s refusal to extradite Sanjay Bhandari. These issues damage India’s credibility and threaten over 100 pending extradition cases. Justice Lokur and the India Justice Report 2025 call for urgent reforms in infrastructure, staffing, and human rights compliance to align with international norms like the Nelson Mandela Rules.
Exam Connect – Possible Questions
Prelims :
1. The “Nelson Mandela Rules” relate to:
a) International child rights law
b) Protection of indigenous cultures
c) Standard minimum rules for the treatment of prisoners
d) Guidelines for legal aid to refugees
Answer: c) Standard minimum rules for the treatment of prisoners
2. What is a major cause of India’s extradition requests being denied recently?
a) Lack of dual citizenship treaties
b) Prison overcrowding and lack of safety guarantees
c) Poor foreign intelligence cooperation
d) India’s exit from the Interpol treaty
Answer: b) Prison overcrowding and lack of safety guarantees
Mains :
- “India’s domestic prison conditions are now global diplomatic liabilities.” Critically examine the implications of India’s prison infrastructure on its ability to secure extraditions in the international arena.
(GS Paper II – Governance / Human Rights) - “Justice delayed is justice denied, especially for the undertrial population in Indian prisons.” Evaluate the need for judicial and infrastructure reforms in India’s criminal justice system.
(GS Paper II – Polity and Judiciary)
6. Delamination of the Indian Plate – Environment
Why in News?
- A new study published in the journal of the American Geophysical Union reveals that the Indian tectonic plate is undergoing delamination.
- The lower part of the plate is detaching and sinking into the Earth’s mantle, a significant geological transformation that may increase seismic activity in the Himalayan region.
What is Delamination?
Term | Description |
---|---|
Delamination | A geological process in which the dense lower crust and lithospheric mantle of a tectonic plate detaches and sinks into the underlying asthenosphere |
Mechanism | Occurs due to density differences, usually in collisional or compressional zones |
Outcome | Triggers crustal uplift, formation of fractures, and seismic activity |
Delamination of the Indian Plate: Key Facts
- The Indian Plate has been colliding with the Eurasian Plate for over 60 million years, forming the Himalayas.
- It is still moving northward at ~5 cm per year.
- The denser lower crust is now sinking into the asthenosphere—a classic case of plate delamination.
- This may:
- Exacerbate fault development
- Increase seismicity
- Alter surface elevation patterns
Impacts of Delamination
Impact Area | Description |
---|---|
Seismic Activity | Increased risk of earthquakes, especially in the Himalayan belt |
Tectonic Stress | Builds up stress along active faults, making them prone to rupture |
Mountain Uplift | May lead to faster vertical rise of mountain ranges |
Subsurface Changes | Alters thermal structure and magma formation beneath the crust |
Global Context and Similar Examples
- Sierra Nevada (USA): Delamination caused mountain uplift and volcanism.
- Tibet Plateau: Potential delamination linked to high uplift rates post India-Eurasia collision.
Summary
A recent study reveals that the Indian tectonic plate is undergoing delamination—where its denser lower crust detaches and sinks into the mantle. This process, driven by the ongoing collision with the Eurasian Plate, may intensify seismic activity, especially in the Himalayan region. Delamination contributes to crustal uplift, fault formation, and thermal changes below the surface, posing serious implications for disaster management and seismic risk in states like Himachal Pradesh.
Exam Connect – Possible Questions
Prelims :
1. Consider the following geological phenomena:
- Development of a fault
- Movement along a fault
- Impact produced by a volcanic eruption
- Folding of rocks
Which of the above cause earthquakes?
(a) 1, 2 and 3
(b) 2 and 4
(c) 1, 3 and 4
(d) 1, 2, 3 and 4
Correct Answer: (d) 1, 2, 3 and 4
All these geological phenomena can cause earthquakes under specific conditions, especially in tectonically active regions.
Mains :
- “Delamination of tectonic plates is a key contributor to crustal dynamics.” Discuss this process in the context of recent changes in the Indian Plate and their implications for seismic risk management.
(GS Paper III – Geography / Disaster Management) - “The Indian Plate’s movement is a continuous geological event with evolving risks.” Analyze the causes and consequences of the Indian Plate’s northward movement, especially in relation to the Himalayas.
(GS Paper III – Physical Geography / Environment)
Relevance & Implications
- GS Paper III – Environment & Geography:
- Core topic for geography optional and for questions on seismic vulnerability.
- Helps frame answers on earthquake risk preparedness in HP.
- For Himachal Pradesh:
- The Himalayan seismic zone (Zone V) runs through HP.
- Understanding delamination helps inform land use, infrastructure, and disaster planning in the state.