1. Article 142: Understanding Its Role and Implications – Polity
What is Article 142?
Clause | Provision |
---|---|
Article 142(1) | Empowers the Supreme Court to pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it. |
Article 142(2) | Allows the Supreme Court to ensure the attendance of persons, production of documents, or punishment for contempt of court. |
Key Nature: Extraordinary, discretionary, binding force (until Parliament legislates otherwise).
Objectives of Article 142
- Ensure Complete Justice: Fills gaps where law is absent, silent, or inadequate.
- Uphold Fundamental Rights: Acts beyond statutory limitations if required to enforce constitutional values.
- Prevent Executive-Legislative Failures: Provides remedies when other institutions fail to act justly.
- Judicial Innovation: Enables creation of interim guidelines in public interest before Parliament legislates.
Key Judicial Applications of Article 142
Case Name & Year | Application of Article 142 |
---|---|
Union Carbide Corporation Case (1991) | Ordered $470 million compensation for Bhopal Gas Tragedy victims. |
Babri Masjid–Ram Janmabhoomi Case (2019) | Allocated land for mosque and temple construction. |
Vishaka vs State of Rajasthan (1997) | Issued guidelines on sexual harassment at the workplace (before POSH Act, 2013). |
Tamil Nadu Governor Case (2025) | Deemed bills passed to prevent gubernatorial inaction and protect federalism. |
Debates and Criticism
Criticism | Explanation |
---|---|
Judicial Overreach | Risks judiciary stepping into executive/legislative domain. |
Basic Structure Concerns | Arbitrary use may disturb the balance of separation of powers. |
Subjectivity Risk | Lack of clear parameters leads to inconsistent or expansive rulings. |
Democratic Accountability | Judges are unelected; expansive use can bypass parliamentary oversight. |
Vice-President’s View: Labeling Article 142 as a “nuclear missile” emphasizes fears that unchecked discretionary powers could undermine elected governments and democratic forces.
Why Only Supreme Court Has Article 142 Powers?
- The Constituent Assembly recognized the Supreme Court as the ultimate guardian of the Constitution, justifying this extraordinary power.
- No similar provision exists for High Courts or subordinate judiciary.
Relevance & Local Application
- GS Paper II – Judiciary’s Constitutional Role:
Helps explain judicial activism, constitutional remedies, and federal governance challenges. - For Himachal Pradesh:
- Critical for questions on Centre–State relations.
- HP High Court also plays a role in shaping rights enforcement, though without Article 142-like powers.
Summary
Article 142 empowers the Supreme Court to pass orders to ensure “complete justice,” allowing it to fill legal gaps and enforce rights beyond statutory limits. It has been invoked in landmark cases like the Bhopal gas tragedy, Ram Janmabhoomi dispute, and Vishaka guidelines. While this power upholds constitutional ideals, critics argue it risks judicial overreach and threatens democratic checks and balances. Its extraordinary nature, exclusive to the Supreme Court, demands careful use to preserve separation of powers.
Exam Connect – Possible Questions
Prelims :
1. Article 142 of the Indian Constitution empowers the Supreme Court to:
a) Review its own judgments.
b) Enforce fundamental rights directly.
c) Ensure complete justice in any pending matter.
d) Advise the President of India.
Answer: c) Ensure complete justice in any pending matter
2. The term “Complete Justice” in the context of the Indian Constitution is associated with:
a) Article 32
b) Article 142
c) Article 124
d) Article 226
Answer: b) Article 142
Mains :
- “Article 142 acts as a double-edged sword—while it strengthens constitutional justice, it also poses risks to democratic accountability.” Critically examine in light of recent judicial interventions.
(GS Paper II – Polity / Judiciary / Constitutional Law) - Discuss the evolution of Article 142 jurisprudence in India. Should there be clearer guidelines to regulate its use by the Supreme Court?
(GS Paper II – Polity / Governance)
2. Andhra Pradesh SC Sub-Categorisation Ordinance – Polity
What is Sub-Categorisation of SCs?
Term | Explanation |
---|---|
Sub-categorisation | Division of Scheduled Castes into smaller groups based on relative backwardness to distribute reservation benefits more equitably. |
Reservation within Reservation | Internal allocation of SC quota (15%) among different SC sub-castes. |
Why Was It Needed?
- Unequal Benefits: More advanced SC sub-castes disproportionately enjoyed reservation advantages, leaving others historically marginalized.
- Promoting Equity: Aim to ensure fairer distribution of state-sponsored benefits among all sub-castes.
- Supreme Court’s Nod (2024): The Court ruled that states can sub-classify SCs and STs within the quota framework without violating the Constitution.
Rajeev Ranjan Mishra Commission Recommendations
Feature | Details |
---|---|
Commission Formation | November 2024; one-member panel to study sub-categorisation feasibility. |
Public Hearings | Conducted across all 26 districts of Andhra Pradesh. |
Final Report Submitted | March 2025; accepted unanimously by State Legislature. |
Proposed Sub-Group Classification
Group | Details | Proposed Reservation Share |
---|---|---|
Group 1: Most Backward (Relli Sub-group) | 12 sub-castes (e.g., Bavuri, Chachati, Mehtar) | 1.0% |
Group 2: Backward (Madiga Sub-group) | 18 sub-castes (e.g., Madiga, Chamar) | 6.5% |
Group 3: Less Backward (Mala Sub-group) | 29 sub-castes (e.g., Mala, Adi Dravida, Mahar) | 7.5% |
Total SC Reservation Remains at 15% (no change in the overall quota).
Constitutional and Judicial Backing
Legal Basis | Details |
---|---|
Article 16(4) | Reservation for backward classes in public employment. |
Article 341 | President specifies SC communities, but classification for internal reservation is permitted (after SC judgment, 2024). |
Landmark Judgment (2024) | States can sub-classify SCs and STs to achieve substantive equality. |
Challenges and Concerns
Concern | Explanation |
---|---|
Social Division | Risk of creating friction between sub-castes. |
Administrative Complexity | Need for careful monitoring to ensure smooth implementation. |
Judicial Review Risk | Ordinance could still face challenges for violating Article 14 (Right to Equality) if not based on sound empirical data. |
Relevance & Local Application
- GS Paper II – Reservation Policies & Affirmative Action:
- Important for writing answers on equitable development, positive discrimination, and constitutional interpretation.
- For Himachal Pradesh:
- HP also has diverse Scheduled Caste communities (e.g., Chamar, Balmiki, Koli) where discussions around equitable access to reservations may arise.
- Useful while discussing Scheduled Caste Sub-Plan (SCSP) and social welfare initiatives.
Summary
Andhra Pradesh has introduced an ordinance to sub-categorize Scheduled Castes for more equitable distribution of the 15% SC reservation quota. Based on the Rajeev Ranjan Mishra Commission’s findings, the SCs are classified into three groups by socio-economic backwardness. This move follows a 2024 Supreme Court ruling allowing sub-classification within SCs and STs to uphold substantive equality. While the ordinance aims to correct historical imbalances, concerns remain over social divisions and legal scrutiny under Article 14.
Exam Connect – Possible Questions
Prelims :
1. Which Article of the Indian Constitution empowers the State to make provisions for reservation in public employment for backward classes?
a) Article 15(4)
b) Article 16(4)
c) Article 17
d) Article 46
Answer: b) Article 16(4)
2. In India, who has the authority to specify the Scheduled Castes for a particular State or Union Territory?
a) Supreme Court
b) Parliament
c) President of India
d) State Governor
Answer: c) President of India (under Article 341)
Mains :
- “Reservation within reservation is crucial to ensure that the most marginalized among Scheduled Castes benefit equitably from affirmative action policies.” Critically examine in the light of recent developments in Andhra Pradesh.
(GS Paper II – Polity / Social Justice) - Discuss the constitutional and social implications of sub-categorisation within Scheduled Castes. How can states ensure that such initiatives promote inclusivity without deepening caste divisions?
(GS Paper II – Governance / Social Policy)
3. Steering the Decarbonisation of India’s Logistics Sector – Environment
Why in News?
- India’s logistics sector contributes 13.5% of the country’s total GHG emissions.
- Road transport alone accounts for over 88% of logistics emissions.
- Decarbonisation of logistics is now critical for building a resilient, green, and competitive economy.
Environmental Impact of India’s Logistics Sector
Factor | Contribution/Impact |
---|---|
Road Transport | 70% of freight movement, ~90% of passenger movement; highly carbon-intensive. |
Rail Transport | Less carbon-intensive; needs electrification and modernization. |
Air and Maritime Transport | Also growing contributors; require green technology upgrades. |
Warehousing | Energy use from non-renewable sources adds to emissions. |
Logistics is second only to energy generation in carbon emissions.
Key Strategies for Decarbonising Logistics
Strategy | Details |
---|---|
Shift Freight from Road to Rail | Electrified railways can cut emissions significantly. |
Promote Coastal Shipping and Inland Waterways | Water transport is cheaper and less polluting than road or air. |
Adopt Electric Vehicles (EVs) for Freight | Pilot projects like Delhi-Jaipur e-highway aim to electrify heavy freight transport. |
Renewable Energy in Warehousing | Install rooftop solar, energy-efficient designs to reduce carbon footprint. |
Alternative Fuels | Promotion of biofuels, green hydrogen, and LNG for trucks and ships. |
Digital and Smart Logistics | AI-driven route optimization to reduce fuel consumption and emissions. |
Global Insights and India’s Initiatives
Country | Measures Adopted |
---|---|
China | High-speed rail networks, massive freight rail electrification. |
United States | Shift to railways and investment in clean trucking infrastructure. |
India’s National Logistics Policy (2022) | Focus on reducing logistics cost (from 13-14% of GDP to 8-10%) and greener transport modes. |
PM Gati Shakti Plan | Integrated planning for multi-modal connectivity and reduced emissions. |
Challenges in Greening Logistics
Challenge | Explanation |
---|---|
High Initial Investment Costs | Electrification, green tech adoption need significant upfront funding. |
Fragmented Logistics Sector | Dominated by small players lacking access to new technologies. |
Infrastructure Bottlenecks | Poor last-mile connectivity and lack of multimodal hubs. |
Policy Coordination | Need for inter-ministerial and Centre-State collaboration. |
Relevance & Local Application
- GS Paper III – Sustainable Development and Infrastructure:
- Useful for writing on climate-resilient infrastructure, green economy, and public-private partnerships.
- For Himachal Pradesh:
- HP’s own logistics (agriculture, horticulture, tourism supply chains) can benefit from low-carbon transport solutions like electric trucks for apple logistics or solar-powered warehouses in rural areas.
Summary
India’s logistics sector, especially road transport, is a major emitter of greenhouse gases, contributing over 13% of national emissions. To build a green and competitive economy, strategies like shifting freight to railways and waterways, adopting EVs, using alternative fuels, and deploying renewable energy in warehouses are being pushed. Government initiatives like the National Logistics Policy and PM Gati Shakti aim to support this transition. However, challenges such as high costs, sectoral fragmentation, and infrastructure gaps remain significant barriers.
Exam Connect – Possible Questions
Prelims :
1. Which sector is the largest contributor to carbon emissions within India’s logistics sector?
a) Rail transport
b) Road transport
c) Inland water transport
d) Air transport
Answer: b) Road transport
2. The “PM Gati Shakti Plan” primarily aims to:
a) Electrify rural households.
b) Improve multi-modal logistics infrastructure.
c) Increase solar energy production.
d) Regulate e-commerce platforms.
Answer: b) Improve multi-modal logistics infrastructure
Mains :
- “Decarbonising the logistics sector is crucial for achieving India’s Net-Zero targets by 2070.” Examine the challenges and suggest a roadmap for greener logistics in India.
(GS Paper III – Economy / Environment) - Discuss the significance of shifting from road to rail and coastal shipping for reducing India’s carbon footprint. What measures can the government take to accelerate this transition?
(GS Paper III – Sustainable Infrastructure / Policy Reforms)
4. Particulate Matter Emission Trading Scheme (PM-ETS) in Gujarat – Environment
What is PM-ETS?
Aspect | Details |
---|---|
Launch Year | 2019 |
Location | Surat, Gujarat |
Target | Particulate Matter (PM) emissions from industries using coal, lignite, and diesel. |
Type of System | Cap-and-Trade Market for pollution permits |
How Does PM-ETS Work?
Step | Mechanism |
---|---|
Cap Setting | Authorities set an overall cap on particulate emissions for industries. |
Permit Allocation | 80% free permits + 20% permits auctioned. |
Trading | Industries can buy or sell permits depending on their emissions. |
Price Controls | Floor price: ₹5/kg; Ceiling price: ₹100/kg of particulate emissions. |
Penalty for Non-Compliance | Fine = 2x ceiling price for every kg emitted beyond permits. |
Each permit = 1 kg of PM emissions allowed.
Successes of PM-ETS
Achievement | Outcome |
---|---|
Emission Reduction | 20–30% drop in particulate emissions compared to baseline. |
Cost-Effectiveness | Industries could choose cheapest compliance methods. |
High Compliance Rates | 99% compliance among participating industries. |
Market Transparency | Real-time monitoring systems (CEMS – Continuous Emissions Monitoring Systems) installed. |
Limitations and Challenges
Limitation | Explanation |
---|---|
Over-reliance on Free Permits | May discourage innovation if industries get permits too easily. |
Small Industry Challenges | Higher compliance costs if stricter caps are introduced. |
Risk of Market Manipulation | Unfair trading practices could emerge without strong regulation. |
Restricted Geographical Reach | Only implemented in Surat; needs scaling up to other polluted cities. |
Comparison: PM-ETS vs Traditional Regulation
Feature | PM-ETS | Traditional Command-Control |
---|---|---|
Flexibility for Industries | High: Industries can innovate or buy permits | Low: Prescribed technologies |
Cost of Compliance | Lower overall cost | Often higher cost |
Enforcement Complexity | Needs strong monitoring and trading platform | Needs regular inspections |
Relevance & Local Application
- GS Paper III – Pollution Control and Innovation:
Demonstrates a modern approach to air quality management. - For Himachal Pradesh:
- Though HP has relatively better air quality, industrial clusters like Baddi-Barotiwala-Nalagarh (BBN) face particulate pollution.
- Emission Trading Schemes could be considered in HP’s industrial zones to balance industrial growth with environmental sustainability.
Summary
Gujarat’s Particulate Matter Emission Trading Scheme (PM-ETS), launched in Surat in 2019, is India’s first market-based mechanism to control industrial air pollution. By setting an emissions cap and allowing industries to trade permits, the scheme reduced particulate emissions by 20–30% while promoting cost-effective compliance. Real-time monitoring ensured transparency, but challenges like over-reliance on free permits and limited geographical scope remain. PM-ETS represents a flexible alternative to traditional regulation and offers a scalable model for cleaner industrial growth.
Exam Connect – Possible Questions
Prelims :
1. Surat’s PM-ETS initiative is related to:
a) Carbon emissions from vehicles
b) Trading of particulate matter emissions by industries
c) Management of plastic waste
d) Renewable energy certificate trading
Answer: b) Trading of particulate matter emissions by industries
2. [UPSC 2011] Regarding “carbon credits,” which of the following statements is not correct?
a) The carbon credit system was ratified in conjunction with the Kyoto Protocol.
b) Carbon credits are awarded to countries or groups that have reduced greenhouse gases below their emission quota.
c) The goal of the carbon credit system is to limit the increase of carbon dioxide emissions.
d) Carbon credits are traded at a price fixed from time to time by the United Nations Environment Program.
Answer: d) Carbon credits are traded at a price fixed from time to time by the United Nations Environment Program.
(Correct info: Carbon credits are traded in voluntary or compliance markets at prices determined by market forces, not by UNEP.)
Mains :
- Discuss the significance of Emission Trading Schemes (ETS) in managing industrial pollution in India. What lessons can be drawn from Surat’s PM-ETS initiative?
(GS Paper III – Environment / Economy) - “Market-based approaches offer innovative solutions for environmental regulation, but they come with inherent challenges.” Critically analyze in the context of India’s efforts to reduce air pollution.
(GS Paper III – Environmental Governance)
5. A Welcome Move: Supreme Court Order on Wikipedia and Safe Harbour – Polity
Key Highlights of the Supreme Court’s Judgment
Aspect | Explanation |
---|---|
Overbroad Takedown Rejected | Blanket orders like “remove all defamatory content” are vague and risk over-censorship. |
Safe Harbour Protection Upheld | Wikipedia (Wikimedia Foundation) protected under Section 79 of the Information Technology (IT) Act, 2000 as an “intermediary.” |
Need for Specificity | ANI must identify specific defamatory content instead of general claims. |
Encouragement of Responsible Speech | Wikimedia must ensure public trust in accuracy but cannot be made liable for all user-generated content without due legal process. |
Understanding ‘Safe Harbour’ (Section 79, IT Act, 2000)
Concept | Details |
---|---|
Safe Harbour Principle | Intermediaries (e.g., Google, Wikipedia, Facebook) are not liable for third-party content if they act only as platforms and do not initiate the content. |
Liability Arises When | They fail to act after receiving specific written notice of illegal or harmful content. |
Importance | Protects freedom of expression online; prevents tech platforms from being excessively cautious or censorious. |
Concerns Highlighted
Issue | Details |
---|---|
Risk of Over-censorship | Broad takedown orders may force platforms to delete lawful content to avoid legal risk. |
Freedom of Speech | Vague takedown orders can infringe Article 19(1)(a) (Freedom of Speech and Expression). |
Impact on Collaborative Platforms | Platforms like Wikipedia rely on community editing and open contribution; blanket liability would hamper innovation and accessibility. |
Legal Principles Reaffirmed
- Specificity in Defamation Pleas: Only specific content identified as defamatory can be challenged.
- Freedom of Expression vs Reputation: Balance needed; reputation is protected under Article 21 (Right to Life and Personal Liberty), but freedom of speech must not be curtailed arbitrarily.
- Due Process for Intermediaries: Before directing removal, courts must follow procedures ensuring fairness and minimal restriction on platforms.
Relevance & Local Application
- GS Paper II – Judiciary and Governance:
- Shows evolving Indian jurisprudence on free speech, internet regulation, and platform responsibilities.
- For Himachal Pradesh:
- Important in contexts where social media regulation or online reputation concerns arise, including fake news regulation in hill areas where digital literacy may vary.
Summary
The Supreme Court upheld Wikipedia’s protection under the IT Act’s “safe harbour” clause, ruling that platforms like Wikimedia cannot be held liable for vague, blanket claims of defamation. It emphasized that only specifically identified defamatory content can be challenged, preserving freedom of expression under Article 19(1)(a). The Court reinforced due process and rejected overbroad takedown orders to prevent online censorship. This landmark judgment balances platform accountability with user rights in India’s evolving digital space.
Exam Connect – Possible Questions
Prelims :
1. Under the Information Technology Act, 2000, the term “safe harbour” refers to:
a) A protection given to government employees from prosecution.
b) Protection to intermediaries from liability for user-generated content.
c) A security measure for critical cyber infrastructure.
d) Protection against data breaches.
Answer: b) Protection to intermediaries from liability for user-generated content
2. Which Article of the Indian Constitution guarantees freedom of speech and expression?
a) Article 14
b) Article 19(1)(a)
c) Article 21
d) Article 32
Answer: b) Article 19(1)(a)
Mains :
- “The protection of intermediaries under the IT Act must be balanced carefully with the need to prevent online defamation.” Critically discuss in the context of the Supreme Court’s recent judgment on Wikimedia.
(GS Paper II – Polity / Governance / Cyber Laws) - Discuss the role of judicial oversight in regulating online speech without infringing upon fundamental freedoms. Illustrate your answer with recent examples.
(GS Paper II – Polity / Rights and Responsibilities)
6. When Governments Disagree with the Central Bank: Fed vs. RBI – Economy
Key Events and Comparisons
Country | Central Bank Conflict | Key Trigger |
---|---|---|
United States | Trump vs Jerome Powell (2018–2020) | Disagreements over interest rate hikes and tariff impacts. |
India | Section 7(1) of RBI Act invoked against RBI (2018) | Disputes over liquidity measures, lending to MSMEs, and regulatory autonomy. |
Understanding Section 7(1) of RBI Act, 1934 (India)
Provision | Details |
---|---|
Section 7(1) | Allows the Central Government to give binding directions to the RBI in “public interest.” |
Usage | First significantly invoked in 2018 under the Modi government during tensions over autonomy. |
Concerns Raised | Potential erosion of the RBI’s independent functioning. |
Key Reasons for Government–Central Bank Tensions
Reason | US Context | Indian Context |
---|---|---|
Interest Rate Policies | Trump wanted lower rates; Fed prioritized inflation control. | Government wanted more liquidity to stimulate growth. |
Trade and Economic Policies | Fed criticized impact of tariffs; Trump saw it as political interference. | Government wanted relaxed norms for NBFC lending and SME support. |
Autonomy vs Political Goals | Central banks must think long-term; governments face short-term electoral pressures. | Similar tension between RBI’s financial prudence and government’s populist demands. |
Historical Reflections
- In the US, even Presidents like Ronald Reagan pressured the Fed but mostly respected its independence.
- In India, even during the 1991 economic crisis, backchannel negotiations (not public confrontations) helped preserve RBI’s reputation.
Implications of Central Bank-Government Conflict
Positive | Negative |
---|---|
Ensures Debate on Economic Policies | Public conflicts can erode investor confidence. |
Protects Monetary Discipline | Threatens central bank independence and credibility. |
Balances Short-term vs Long-term Goals | Political pressures may lead to bad economic decisions. |
Way Forward
Suggested Reforms | Explanation |
---|---|
Finance-RBI Coordination Council | A permanent consultative body to resolve policy disagreements systematically. |
Clarify Section 7 Use | Amendments to specify that government directives to RBI are a “last resort” during extraordinary crises only. |
Promote Transparency and Dialogue | Regular, structured meetings to avoid public disputes. |
Strengthen RBI’s Operational Autonomy | Protect regulatory independence while maintaining accountability to Parliament. |
Relevance & Local Application
- GS Paper III – Indian Economy & Governance:
- Useful for writing on central bank independence, monetary policy formulation, and executive-judiciary-institutional relations.
- For Himachal Pradesh:
- HP’s own fiscal stability and cooperation with RBI for disaster funding, agriculture financing, and MSME support depends on robust central-state financial coordination.
Summary
Conflicts between governments and central banks, seen in both the US and India, often arise from differing priorities—short-term political needs versus long-term economic stability. In India, tensions peaked in 2018 when Section 7(1) of the RBI Act was invoked, raising concerns over central bank autonomy. Such confrontations can undermine investor confidence and policy credibility. Experts suggest institutional mechanisms like a coordination council and clearer limits on Section 7 to safeguard monetary independence and ensure stable governance.
Exam Connect – Possible Questions
Prelims :
1. Section 7(1) of the RBI Act, 1934 deals with:
a) Issuance of currency notes
b) Government’s power to give directions to RBI
c) RBI’s power to regulate cooperative banks
d) The appointment of the RBI Governor
Answer: b) Government’s power to give directions to RBI
2. Which of the following best explains the principle of “Central Bank Independence”?
a) The central bank operates under direct control of the Finance Ministry.
b) The central bank has the autonomy to formulate monetary policies without political interference.
c) The central bank must seek legislative approval for every interest rate change.
d) The central bank is a private entity with no government oversight.
Answer: b) The central bank has the autonomy to formulate monetary policies without political interference.
Mains :
- “An independent central bank is crucial for maintaining macroeconomic stability.” In the context of recent government–RBI tensions, examine the role and importance of central bank autonomy in India.
(GS Paper III – Indian Economy) - Compare and contrast the approaches taken by the United States and India in dealing with conflicts between their respective central banks and governments. Suggest measures to institutionalize conflict resolution.
(GS Paper III – Economy / Governance)