The Hindu Daily Current Affairs – 26 October 2026
Monday, 26 October 2026
The Hindu – Important News Articles & Editorial
Today’s edition covers data-protection readiness in hospitals under the DPDP Act, India–Poland ties after Prime Minister Donald Tusk’s visit, the risks of an unpredictable northeast monsoon after a dry year, the case for a national media council, and an editorial analysis on judicial restraint and the right to vote.
India Needs to Train Its Clinical Staff Before Erecting Data Shields
The article argues that India has legislated data protection faster than it has trained the people who must make the law work. As the Digital Personal Data Protection (DPDP) Act, 2023 comes into force in phases, hospitals face unusually hard compliance because they generate intimate data continuously and many professionals need access to it. The author calls on the government to finance and build a shared ecosystem of infrastructure, training and standards, so that every health worker can comply and patients can still access care easily.
Key Facts
- The DPDP Act, 2023 has 44 sections in nine chapters and one Schedule. The DPDP Rules were notified on 13 November 2025:
- Provisions on consent managers apply from 13 November 2026.
- The remaining substantive obligations apply from 13 May 2027.
- Roles in a hospital: the patient is the data principal, the hospital is the data fiduciary, and external software, cloud or processing firms are data processors.
- Clinical consent (agreeing to a scan) is different from data consent (later uses of the scan). The Act allows processing in emergencies and in specific medico-legal and public health situations.
- Penalty for failing to take reasonable security safeguards: up to ₹250 crore.
- Compliance needs: role-based access, encryption or masking, audit logs, backups, vendor contracts, breach-response protocols, staff training and a responsible data-governance lead. Significant data fiduciaries must appoint a Data Protection Officer.
- Patient data flows to insurers, TPAs, laboratories, radiology platforms, cloud vendors, telemedicine services and WhatsApp-based workflows – each needs review.
- Cost evidence:
- HIPAA compliance in the US: about $5 per patient per year (2008) versus about $498 per affected record in a breach (2025 estimate).
- A 2023 India–Norway study found an integrated ICT system raises an urban PHC’s annual budget by 17.7%, but only by about 6% per PHC when shared across 400 PHCs.
- There is no uniform DPDP-oriented curriculum or standard training material across medicine, nursing, allied health, hospital administration and health IT.
- Out-of-pocket expenditure is 43.4% of total health expenditure (National Health Accounts 2022-23), so compliance costs may be passed on to patients.
- Recommendations: shared infrastructure through the Unified Health Interface (UHI) of the Ayushman Bharat Digital Mission, model consent and vendor agreements, affordable cybersecurity support, healthcare-specific standards, and data literacy as a core healthcare competency.
DPDP Act in a Hospital Setting: Who Is Who
| Role under the Act | In a hospital | Key rights / obligations |
|---|---|---|
| Data Principal | The patient | Rights to information, correction and erasure, grievance redressal and nomination |
| Data Fiduciary | Hospital, clinic or diagnostic centre | Valid consent, reasonable security safeguards, breach intimation, erasure once the purpose is served |
| Data Processor | Software, cloud, lab or billing vendors | Processes data only on the fiduciary’s behalf under contract; the fiduciary stays accountable |
| Consent Manager | Registered consent platform | Lets patients give, manage and withdraw consent (from 13 November 2026) |
| Data Protection Board of India | Adjudicating body | Inquires into breaches and imposes penalties of up to ₹250 crore |
DPDP Implementation Timeline
| Date | Milestone |
|---|---|
| 11 August 2023 | DPDP Act receives Presidential assent |
| 13 November 2025 | DPDP Rules notified; Data Protection Board provisions take effect |
| 13 November 2026 | Consent manager provisions apply |
| 13 May 2027 | Remaining substantive obligations of data fiduciaries apply |
Static Dimensions
- DPDP Act concepts: data principal, data fiduciary, consent manager, Data Protection Board of India, significant data fiduciary, and legitimate uses (including medical emergencies).
- Privacy as a right: Justice K.S. Puttaswamy v. Union of India (2017) recognised privacy as a fundamental right under Article 21.
- Digital health ecosystem: Ayushman Bharat Digital Mission (ABDM, 2021), ABHA health IDs, Health Facility Registry, UHI and the National Digital Health Blueprint.
- Other laws: IT Act, 2000 (Section 43A, omitted by the DPDP Act), SPDI Rules 2011, Clinical Establishments Act 2010, Telemedicine Practice Guidelines 2020, and the NMC Act 2019 (professional conduct).
- Related institutions: National Medical Commission, CERT-In (six-hour incident reporting), National Health Authority and MeitY.
- Global comparison: HIPAA (US) and the GDPR (EU), which treats health data as a special category.
- Health financing concepts: out-of-pocket expenditure, Ayushman Bharat PM-JAY, and economies of scale in shared infrastructure.
- Linked events: the recent SBI data breach and CERT-In’s advisory on undetected breaches expose gaps in detection and training.
Analysis
- People before technology: a single weak password or untrained handler can cause a major breach, so data literacy matters as much as software.
- Sector specificity: a general law does not fit hospitals neatly – over-restricted access harms care, open access harms privacy. Small and large facilities may need different rules.
- Equity of compliance: small hospitals, diagnostic centres and PHCs cannot each buy privacy tools; shared public infrastructure cuts cost and narrows the gap.
- Cost pass-through: with high out-of-pocket spending, unsupported compliance could raise patient bills.
- Timing: the law is already in phased effect, so the gap between legal deadlines and training is urgent.
- Limits: the article offers few Indian cost figures and relies on a US study and a small Indian study for estimates.
Challenges
- No standard training curriculum for health professionals and vendors.
- Limited resources of small and rural facilities.
- Fragmented data flows across insurers, labs, cloud and messaging platforms.
- Balancing emergency access to care with consent and security.
- Rising compliance costs leading to higher patient charges.
- Weak enforcement capacity and awareness.
Way Forward
- Develop an NMC and allied-health council curriculum on data protection, with short certification courses.
- Provide shared infrastructure through ABDM and UHI, with subsidised cybersecurity support.
- Issue model consent forms, vendor agreements and healthcare-specific DPDP guidelines.
- Differentiate compliance expectations by facility size, while keeping core safeguards.
- Train vendor staff and mandate access controls, audit logs and breach drills.
- Fund compliance for public facilities and PHCs, and monitor costs to protect patients.
- Consider a sector-specific health data law or rules in time.
India Implications
- Trust in digital health: ABDM’s success depends on patients trusting that their health records are safe; a major hospital breach could set back adoption.
- Universal health coverage: compliance costs passed on to patients would add to already high out-of-pocket spending and undercut PM-JAY’s goals.
- Federal role: health is a State subject, so States must fund training and shared systems for their public hospitals and PHCs.
Much of Himachal Pradesh’s healthcare runs through small PHCs, sub-centres and civil hospitals in hilly and tribal areas with little IT staff, while patient data also flows through the State’s HIMCARE insurance scheme, Ayushman Bharat and teleconsultations under e-Sanjeevani. Shared, State-funded infrastructure and training – rather than each facility buying its own tools – is the only practical route to DPDP compliance for institutions from remote PHCs in Lahaul-Spiti and Kinnaur to IGMC Shimla.
ConclusionData protection in healthcare will succeed only if people and shared systems are ready before enforcement. By financing training, common infrastructure and sector standards, the government can protect patient privacy without burdening small providers or patients.
Prelims Practice
Q. Under the Digital Personal Data Protection Act, 2023, a “data processor” refers to:
- (a)An individual whose personal data is being processed
- (b)An entity that processes personal data on behalf of a data fiduciary
- (c)A judicial authority that decides all privacy disputes
- (d)A government authority responsible exclusively for collecting taxes
Click to reveal answer
Answer: (b)
Option (a) describes the data principal. The data fiduciary decides the purpose and means of processing; the data processor acts on its behalf, and the fiduciary remains responsible for compliance.
Q. Examine the challenges faced by small hospitals, diagnostic centres and rural primary health centres in complying with data protection requirements. Suggest suitable measures to address them.
(10 Marks, 150 Words)
New Avenues: India and Poland Have No Conflict, but Are Pulled Apart by Other Nations
The editorial reviews Polish Prime Minister Donald Tusk’s visit to Delhi and Bengaluru – sixteen years after his earlier visit as Prime Minister – as a signal of renewed interest in working closely with India. The two countries have no conflict of interest, but third-country relationships (India–Russia, Poland–Pakistan) pull them apart. The challenge is turning talks and MoUs into real partnerships.
Key Facts
- Timing: about two months before PM Modi’s trip to Brussels to sign the India–EU Free Trade Agreement.
- Bilateral trade is only about $6 billion; both sides agreed to double it by 2030.
- Tusk’s last India visit was in 2017, as President of the European Council (EU–India summit).
- Poland is the EU’s sixth-largest economy, has crossed $1 trillion in nominal GDP, and has a tech economy of about $120 billion.
- Cooperation areas: technology, AI, defence hardware, critical minerals, and renewable and nuclear energy.
- Polish machinery and parts go largely to Germany, which has a growing share of Indian imports – so trilateral manufacturing and mining collaboration is possible.
- Agreed: a “Defence Industry Dialogue”, and exploration of a counter-terrorism dialogue.
- Ukraine: Tusk backed India’s four-pronged plan on grain exports and seafarers’ safety, announced by EAM Jaishankar during his September visit to Warsaw.
- At the Bengaluru business forum, Tusk said the challenge is “translating” talks and MoUs into joint ventures.
- Trust issues: India’s defence engagement with Russia, and Poland’s defence ties with Pakistan (training Pakistan’s Air Force in its early years; a defence cooperation agreement in 2018). Earlier this year, the Polish Foreign Minister criticised India’s military exercises with Russia.
- An agreement on the confidentiality of classified information – essential for future defence cooperation – is still being negotiated.
India–Poland at a Glance
| Aspect | Details |
|---|---|
| Diplomatic relations | Established in 1954; upgraded to a Strategic Partnership in 2024 |
| Trade | About $6 billion; target to double by 2030 |
| Poland’s economy | EU’s sixth-largest; over $1 trillion nominal GDP; tech economy of about $120 billion |
| New mechanisms | Defence Industry Dialogue agreed; counter-terrorism dialogue being explored |
| Pending | Agreement on the confidentiality of classified information |
| People-to-people | Operation Ganga (2022) evacuated Indian students from Ukraine through Poland |
Convergences and Irritants
| Area | Convergence | Irritant |
|---|---|---|
| Economy | Polish technology and expertise plus Indian scale; India–EU FTA | Low trade base and limited market awareness |
| Defence | Defence Industry Dialogue; interest in defence hardware | India–Russia defence ties; Poland–Pakistan defence links; classified-information pact pending |
| Ukraine | Support for India’s plan on grain exports and seafarers’ safety | Polish criticism of India’s exercises with Russia |
| Supply chains | Germany-linked trilateral manufacturing and mining projects | Distance and logistics costs |
Static Dimensions
- India–EU FTA: negotiations relaunched in 2022 after a gap since 2013; covers goods, services and investment, with issues such as CBAM and rules of origin.
- India–Poland: diplomatic relations since 1954; Strategic Partnership (2024); Operation Ganga (2022) evacuation of Indian students via Poland.
- Poland: member of the EU and NATO, and a frontline state in the Ukraine war.
- Related: India’s four-point proposal on Ukraine, strategic autonomy and multi-alignment.
- Defence frameworks: agreements on the security of classified information are prerequisites for joint defence production.
Analysis
- Economic logic: a low trade base, complementary strengths and the EU FTA create room for growth.
- Trilateral possibilities: Germany-linked supply chains offer a practical route to deeper manufacturing links.
- Trust deficit: each side’s defence partners are the other’s sensitivities – Russia and Pakistan are the main constraints.
- Realism: India will not accept strictures on its Russia ties, so cooperation must rest on realities, not on identical positions on every issue.
- Geopolitical alignment: support on Ukraine-related grain and seafarer safety shows convergence on Global South concerns.
- Implementation focus: the editorial stresses outcomes – joint ventures and signed agreements – over declarations.
Challenges
- Low trade volumes and distance.
- Defence-related mistrust and the pending classified-information agreement.
- Differences over Russia, and Poland’s Pakistan links.
- Possible delays in ratifying the India–EU FTA.
- Limited business awareness of each other’s markets.
Way Forward
- Conclude the classified-information agreement quickly.
- Use the India–EU FTA to expand trade and investment in technology, energy, mining and rail.
- Develop trilateral projects with Germany.
- Operationalise the Defence Industry Dialogue and the counter-terrorism dialogue.
- Facilitate joint ventures through business forums, financing and regulatory clarity.
- Continue dialogue on Ukraine, grain and seafarer safety.
India Implications
- Gateway to Central Europe: Poland can anchor India’s engagement with Central and Eastern Europe as the India–EU FTA takes effect.
- Defence diversification: European defence-industrial partners help India reduce dependence on any single supplier.
- Strategic autonomy test: India must deepen ties with NATO members without diluting its Russia relationship.
Poland is the European Union’s largest apple producer and already exports apples to India, so any tariff concessions on apples under the India–EU FTA are closely watched by Himachal’s orchardists. At the same time, Polish strengths in high-density orchards, cold-chain and controlled-atmosphere storage offer a model for HP’s horticulture – making safeguards for growers and technology partnerships two sides of the same opportunity.
ConclusionIndia and Poland have no conflict of interest and strong economic complementarity. Their partnership will be tested by whether they can manage third-country sensitivities and turn MoUs into joint ventures.
Prelims Practice
Q. Which of the following is a major objective of the proposed India–Poland Defence Industry Dialogue?
- (a)To establish a common currency
- (b)To explore and strengthen defence-industrial cooperation
- (c)To replace NATO with a bilateral alliance
- (d)To restrict all defence-related trade with third countries
Click to reveal answer
Answer: (b)
The dialogue is meant to build defence-industrial links such as joint production; future cooperation also depends on concluding an agreement on the confidentiality of classified information.
Q. Examine the opportunities and challenges in strengthening India–Poland bilateral relations in the areas of trade, technology and defence.
(10 Marks, 150 Words)
Wicked Surprise: The Northeast Monsoon Is More Unpredictable, and the South Must Be Wary
The editorial warns that after a monsoon-deficit year, the “other monsoon” – the northeast monsoon of October to December – is harder to predict and can deliver nasty surprises to southern India. The southwest monsoon was weakened by a strengthening El Niño, but El Niño years have also produced extreme northeast monsoon rain, as in Chennai in 2015. The Centre and the southern States are urged to prepare for torrents.
Key Facts
- The northeast monsoon brings only a small share – roughly a tenth – of India’s annual rainfall, but it is concentrated over Tamil Nadu, Puducherry, coastal Andhra Pradesh, Rayalaseema, south interior Karnataka and Keralam. Tamil Nadu receives nearly half of its annual rain in this season.
- Southwest monsoon (June–September 2026): 759.4 mm against a normal of 868.6 mm – a 12.6% deficit and the driest season in 11 years. It hit kharif sowing and is feeding into food inflation.
- IMD forecasts “normal” northeast monsoon rainfall – in line with the 50-year average, within a 12% band – compared with a 5% band for the southwest monsoon forecast, so the northeast forecast is far less precise.
- Most of the country is expected to get below-normal rain, except parts of northwest India and southern peninsular India (normal to above-normal).
- 2015 precedent: on 1 December 2015, Chennai had its heaviest 24-hour rain in over a century; at least 500 lives were lost and 18 lakh people displaced. A powerful El Niño was present then, as now.
- El Niño links are inconsistent: 1997 and 2009 saw above-normal northeast monsoon rain in Tamil Nadu, while 1982 and 2002 saw poor rain.
- Suggested precautions: clearing stormwater drains, fortifying shelters, provisioning for infrastructure damage and sharper weather warnings.
Southwest vs Northeast Monsoon
| Feature | Southwest monsoon | Northeast monsoon |
|---|---|---|
| Season | June–September | October–December (retreating monsoon) |
| Share of India’s annual rain | About 75% | Roughly a tenth |
| Mechanism | Moist south-westerly winds from the Arabian Sea and Bay of Bengal | North-easterly winds pick up moisture over the Bay of Bengal and strike the Coromandel coast |
| Main beneficiaries | Most of India | Tamil Nadu, Puducherry, coastal Andhra Pradesh, Rayalaseema, south interior Karnataka, Keralam |
| “Normal” in IMD forecasts | 96–104% of the Long Period Average | Within about 12% of the Long Period Average |
| Typical hazards | Floods, landslides, cloudbursts | Cyclones, extreme rain spells, urban flooding |
El Niño Years and the Northeast Monsoon in Tamil Nadu
| Year | Northeast monsoon outcome |
|---|---|
| 1982 | Poor rain |
| 1997 | Above-normal rain |
| 2002 | Poor rain |
| 2009 | Above-normal rain |
| 2015 | Extreme rain; Chennai floods (1 December) |
Static Dimensions
- Northeast (retreating) monsoon: winds reverse from October, bringing rain to the Coromandel coast as north-easterly winds pick up moisture from the Bay of Bengal. Tamil Nadu gets most of its annual rain in this season.
- El Niño: warming of the central-eastern Pacific, typically linked to a weak southwest monsoon. The Indian Ocean Dipole (IOD) also influences Indian rainfall.
- IMD: under the Ministry of Earth Sciences; issues long-range and seasonal forecasts. Rainfall categories use the Long Period Average (LPA); “normal” means 96–104% of LPA for the southwest monsoon.
- Cyclones: the Bay of Bengal is more cyclone-prone, with peak activity in October–December. IMD’s colour-coded warnings and the National Cyclone Risk Mitigation Project apply.
- Disaster framework: Disaster Management Act, 2005; NDMA, NDRF and SDRF; the Sendai Framework.
- Urban flooding: Chennai 2015 and the encroachment of water bodies are classic case studies.
- Mission Mausam (2024): to improve forecasting and weather surveillance.
Analysis
- Forecast uncertainty: a wider error band means a “normal” forecast can hide extreme local events.
- El Niño ambiguity: the link with the northeast monsoon is real but unreliable, so planning on the average is risky.
- Compound stress: a deficit southwest monsoon followed by a possibly heavy northeast monsoon tests reservoirs, farm incomes and urban drainage at once.
- Preparedness gap: repeated urban floods point to governance and planning failures, not just weather.
- Food inflation link: weak kharif output feeds into prices and complicates monetary policy decisions.
Challenges
- Low skill of seasonal northeast monsoon forecasts.
- Encroached lakes, clogged drains and unplanned urbanisation.
- Climate change making rainfall events more extreme.
- Centre–State coordination and last-mile delivery of warnings.
- Pressure on agriculture and reservoirs after the deficit year.
Way Forward
- Improve high-resolution, short-range forecasting and impact-based warnings under Mission Mausam.
- Desilt drains, restore wetlands and enforce a ban on encroaching water bodies.
- Strengthen cyclone shelters, evacuation plans and NDRF/SDRF readiness in coastal districts.
- Manage reservoirs flexibly to avoid sudden releases, as happened in Chennai in 2015.
- Use sponge-city and nature-based solutions, and update flood and crop insurance.
- Build climate-resilient urban planning in southern cities.
India Implications
- Food security: a weak kharif harvest raises the stakes for rabi sowing and the northeast monsoon’s contribution to reservoirs in the south.
- Urban resilience: fast-growing southern cities remain exposed to flooding unless drainage and water bodies are protected.
- Forecasting: the gap between seasonal and short-range forecast skill makes impact-based, district-level warnings essential.
Himachal Pradesh lies outside the northeast monsoon’s reach, but the editorial’s core lesson – that a “normal” seasonal forecast can hide extreme local events – fits the State closely. The 2023 and 2025 monsoons brought cloudbursts, flash floods and landslides in Kullu, Mandi and Shimla. District-level impact-based warnings, clearing nullahs and drains, and strict controls on construction along rivers and steep slopes matter as much in Himachal as in Chennai.
ConclusionAfter a dry southwest monsoon, complacency about the northeast monsoon could be costly. Preparedness, better forecasting and resilient urban planning are the best protection against rainfall that is hard to predict.
Prelims Practice
Q. In the context of seasonal rainfall forecasts, the Long Period Average (LPA) refers to:
- (a)The average rainfall over a long reference period, used for comparison
- (b)The highest rainfall recorded in a single day
- (c)The annual average temperature of India
- (d)The average wind speed during a cyclone
Click to reveal answer
Answer: (a)
IMD’s current LPA is based on 1971–2020 data; the southwest monsoon LPA is 868.6 mm, against which this year’s 759.4 mm was a 12.6% deficit.
Q. Explain the mechanism of the northeast monsoon in India. Why is it particularly important for Tamil Nadu and the adjoining regions of southern India?
(10 Marks, 150 Words)
The Need for a National Media Council
The crackdown on freelance and independent journalists during the 10 October protests demanding Chief Election Commissioner Gyanesh Kumar’s resignation has reopened the question of who is a journalist, and who decides. Only PIB- or DIP-accredited journalists were allowed to cover the protests, while others were removed and detained. The author proposes a national media council or commission, on the lines of the Bar Council, to recognise all working journalists, freelancers, camerapersons and technicians.
Key Facts
- During the Cockroach Janta Party (CJP) protests – in July over the NEET paper leak and in October demanding the CEC’s removal – freelancers, independent journalists and content creators crowded the venues. On 10 October, riot police removed them and sent them to detention centres.
- Only journalists with PIB (Central government) or DIP (Delhi government) accreditation could cover the protests.
- A Supreme Court Bench of CJI Surya Kant and Justice Joymalya Bagchi, hearing a PIL on the free expression of freelance journalists and content creators, wondered whether free expression lets everyone be a journalist, warning that it could create problems for everyone else.
- Indira Jaising (for the petitioners): a national protocol should stop police from obstructing any journalist carrying an employer’s identity card.
- Solicitor General Tushar Mehta: anyone with a phone can claim to be a freelancer, often making reels for popularity and money, with one-sided or sensational content.
- The Occupational Safety, Health and Working Conditions Code, 2020 defines a working journalist as a person whose principal avocation is journalism, employed in a newspaper, electronic or digital media, excluding managerial or administrative roles.
- PIB and DIP accreditation follows quotas based on circulation (print), subscribers (agencies), uplinking/downlinking licence (TV) and unique visitors (digital) – so not all journalists in recognised organisations get accredited.
- Proposal: a national media council to recognise journalists, possibly requiring a journalism or mass communication degree or diploma for a licence. The Press Club of India has drafted a Media Transparency (and Accountability) Bill, and other journalist bodies have sent memoranda.
Who Regulates the Media in India?
| Body / Law | Nature | Covers | Powers |
|---|---|---|---|
| Press Council of India | Statutory, quasi-judicial (Press Council Act, 1978) | Mainly print media | Can warn, admonish or censure; no penal powers |
| NBDSA | Self-regulatory | Member TV news and digital broadcasters | Advisories, directions to apologise, fines on members |
| IT Rules, 2021 (Part III) | Executive rules under the IT Act, 2000 | Digital news publishers and OTT platforms | Code of Ethics with a three-tier grievance mechanism |
| Cable Television Networks (Regulation) Act, 1995 | Statute | TV channels | Programme and Advertising Codes enforced by the I&B Ministry |
| Proposed National Media Council | Under debate | All working journalists, freelancers and crew | Recognition and protection; licensing conditions contested |
Licensed Professions vs Journalism
| Profession | Regulator | Licence needed to practise? | Why |
|---|---|---|---|
| Law | Bar Council of India (Advocates Act, 1961) | Yes – enrolment | Protects litigants’ rights before courts |
| Medicine | National Medical Commission (NMC Act, 2019) | Yes – registration | Protects patient safety |
| Chartered accountancy | ICAI (Chartered Accountants Act, 1949) | Yes – for statutory audit | Protects financial integrity |
| Journalism | None (accreditation only, for access) | No | Newsgathering is an exercise of Article 19(1)(a), available to every citizen |
Static Dimensions
- Article 19(1)(a): freedom of speech and expression, from which press freedom is derived (Romesh Thappar, 1950; Indian Express Newspapers, 1985). Reasonable restrictions under Article 19(2). Articles 19(1)(b) (assembly) and 19(1)(g) (profession) are also relevant.
- Press Council of India: statutory quasi-judicial body under the Press Council Act, 1978, which preserves press freedom and improves standards, but covers mainly print and has limited penal power.
- Other regulators: News Broadcasters and Digital Standards Authority (NBDSA, self-regulatory), IT Rules 2021 for digital news publishers, and the Cable Television Networks (Regulation) Act, 1995.
- Professional councils: Bar Council of India (Advocates Act, 1961), ICAI and the National Medical Commission as licensing models.
- Working Journalists Act, 1955: earlier law on service conditions, now subsumed in the 2020 labour code.
- Related concepts: accreditation, citizen journalism, self-regulation versus statutory regulation, licensing of speech, and the Reporters Without Borders World Press Freedom Index.
Analysis
- Genuine problem: accreditation quotas leave many working journalists unrecognised, and police may use accreditation to decide who can report.
- Legitimate concern: unverified content creators can spread one-sided or sensational material, and the State argues for identification.
- Core risk of licensing: journalism is an exercise of Article 19(1)(a), which every citizen holds. A mandatory degree and licence could become a gatekeeping tool – especially if the council is government-influenced – unlike professions where a qualification protects public safety.
- Alternative to licensing: a national protocol protecting anyone engaged in newsgathering, with voluntary press cards, could protect rights without excluding independent voices.
- Design is decisive: the author seeks recognition and protection, but licence conditions imply restriction – so independence, appeal mechanisms and voluntary versus mandatory registration will decide the outcome.
- Context: the issue arose from detentions during protests, linking it to the Supreme Court’s recent directions on illegal detention and free movement.
Challenges
- Defining a journalist in the digital age.
- Preventing arbitrary police action and detention of reporters.
- Avoiding State control of the media through licensing.
- Misinformation by unaccountable content creators.
- Quota-based accreditation that excludes many working journalists.
- Economic precarity of freelancers.
Way Forward
- Issue a national protocol, as proposed in the PIL, so police do not obstruct anyone engaged in genuine newsgathering.
- Reform accreditation criteria to cover freelancers and digital journalists beyond quotas.
- If a council is created, make it independent of the executive, with elected media representation, voluntary registration and grievance redressal – not a mandatory degree licence.
- Strengthen self-regulation, fact-checking and ethics codes for digital creators.
- Provide safety measures, insurance and legal aid for journalists.
India Implications
- Press freedom: how India defines and recognises journalists will shape its democratic credentials and its standing in global press freedom rankings.
- Information ecosystem: a fair framework can separate genuine newsgathering from misinformation without silencing independent voices.
- Policing of protests: clear protocols reduce arbitrary detention and the litigation that follows.
In Himachal’s hill districts, much local reporting – especially during disasters such as the 2023 and 2025 monsoon floods – is done by stringers, freelancers and small digital outlets that rarely meet accreditation norms of the State’s Department of Information and Public Relations. A protocol that protects genuine newsgathering, rather than accreditation alone, would secure their access to disaster sites, protests and official briefings.
ConclusionRecognising journalists is needed to protect working reporters, but gatekeeping who may report risks conflicting with free speech. An independent, voluntary and rights-protective framework would balance accountability with press freedom.
Prelims Practice
Q. The Press Council of India is best described as:
- (a)A constitutional body responsible for regulating all forms of media
- (b)A statutory quasi-judicial body primarily concerned with the print media
- (c)A government department responsible for issuing press licences
- (d)A self-regulatory body exclusively for television broadcasters
Click to reveal answer
Answer: (b)
The Press Council of India is set up under the Press Council Act, 1978. It can warn, admonish or censure newspapers but has no penal powers, and it does not cover TV or digital media.
Q. Explain how freedom of the press is protected under Article 19(1)(a) of the Indian Constitution. What are the reasonable restrictions applicable to this freedom?
(10 Marks, 150 Words)
Where Should Judicial Restraint Begin?
Justice Ujjal Bhuyan’s 4 October remarks at NALSAR on voter deletions have revived the debate on judicial propriety and comments on pending matters. He said the right to vote is constitutional and part of the basic structure, and that a process disenfranchising millions would be intrinsically arbitrary – one that no court could condone. Former CJI B.R. Gavai and some former High Court judges objected, since litigation on the Special Intensive Revision (SIR) of electoral rolls was pending. The author asks where the line lies between an engaged judge and one who has said too much.
Key Facts
- Justice Bhuyan cited Articles 14 and 326, and Section 22 of the Representation of the People Act, 1950 (notice and hearing before deletion, except in case of death). He did not name the SIR or sit on those Benches.
- More than 22 lakh deleted voters in West Bengal had appealed for restoration, and related matters were listed for 5 October.
- Justice Vikram Nath said the next day that impartiality and indifference are not the same thing.
- Restatement of Values of Judicial Life (Full Court, 7 May 1997):
- Clause 8: a judge shall not enter public debate or express views on political matters, or on matters pending or likely to arise for judicial determination.
- Clause 1: conduct must sustain public faith in the judiciary’s impartiality.
- It carries no sanction of its own.
- On 27 May 2026, a Bench headed by CJI Surya Kant upheld the Bihar SIR (ADR v. ECI), calling voting a constitutional but not absolute right, and citing Rule 21A of the Registration of Electors Rules, 1960 (notice, inquiry, hearing and a reasoned order before deletion). Justice Bhuyan’s basic propositions therefore track existing law; the debatable part was the “no court can condone” line.
- Comparative standards:
- Bangalore Principles: Principle 2.4 restrains comment that could affect proceedings; Principle 4.11 allows writing and lecturing on the law.
- US Supreme Court Code of Conduct (2023): judges may speak, but not on the merits of pending matters – explaining an issue differs from appearing to answer it.
- Justice Scalia (2003) recused after criticising a lower-court ruling; Lady Hale (2016) stopped at outlining Brexit arguments; Justice Ginsburg called her remarks on Trump “ill-advised”.
- Indian practice: Justice Nagarathna criticised Governors withholding assent to Bills (March 2024) while such disputes were before the Court.
- An open-source audit found at least 25 public engagements by Justice Bhuyan since July 2023, seven of them newsworthy in 2026. Retired Justice Indu Malhotra called one set of remarks an indiscretion, while Justice Sudhanshu Dhulia defended another speech with a caution on restraint.
- His Gauhati High Court record has both strict (Monowara Bewa, 2017) and claimant-protective (Md Anuwar Hussain, 2014) strands – speeches do not predict outcomes.
Standards on Judicial Speech
| Framework | Core rule | Enforceability |
|---|---|---|
| Restatement of Values of Judicial Life (India, 1997) | No views on political matters or on matters pending or likely to arise | No sanction; relies on self-discipline |
| Bangalore Principles of Judicial Conduct (2002) | Restrain comment affecting proceedings (2.4); may write and lecture on law (4.11) | Persuasive international standard |
| US Supreme Court Code of Conduct (2023) | May speak publicly, but not on the merits of pending matters | Self-applied; no external enforcement |
| Removal (Article 124(4); Judges (Inquiry) Act, 1968) | Proved misbehaviour or incapacity | Parliamentary removal – a very high threshold |
The Right to Vote: Legal Framework
| Source | What it provides |
|---|---|
| Article 324 | Superintendence, direction and control of elections by the Election Commission |
| Article 325 | One general electoral roll; no exclusion on grounds of religion, race, caste or sex |
| Article 326 | Elections on the basis of universal adult suffrage |
| Section 22, RP Act, 1950 | Correction of entries; no deletion without notice and a hearing (except on death) |
| Rule 21A, Registration of Electors Rules, 1960 | Notice, inquiry, hearing and a reasoned order before deletion |
| Case law | PUCL (2003) and Kuldip Nayar (2006) on the status of the right; ADR v. ECI (2026): constitutional but not absolute |
Static Dimensions
- Article 14: equality and protection against arbitrariness (E.P. Royappa, 1974).
- Article 324: Election Commission; Articles 325–326: a single electoral roll and universal adult suffrage, with no exclusion on grounds of religion, race, caste or sex.
- Right to vote: a statutory and constitutional right (PUCL, 2003; Kuldip Nayar, 2006), not a fundamental right.
- Judicial conduct: Bangalore Principles (2002) – independence, impartiality, integrity, propriety, equality, and competence and diligence.
- Doctrines: the sub judice rule; recusal (rule against bias, “justice must be seen to be done”); and the basic structure (free and fair elections).
- Removal and accountability: Article 124(4) and the Judges (Inquiry) Act, 1968.
- Related: the CJI’s refusal to meet Opposition leaders on similar propriety grounds.
Analysis
- Content versus proximity: voting as a constitutional right and the need for a hearing before deletion restate settled law; the conditional “no court can condone” line comes closest to a conclusion.
- Measuring propriety: the author suggests three tests – the subject of the speech, the specificity of the conclusion, and its proximity to adjudication.
- Overbreadth risk: treating all public speech as improper would silence legitimate commentary on constitutional law, liberties, appointments and court administration, where Indian and international standards allow engagement.
- Recusal as safety valve: if a case raising the precise issue reaches the judge, recusal may be warranted.
- Speeches versus rulings: past decisions show that extrajudicial remarks do not reliably predict judicial outcomes.
- Weak enforcement: the Restatement has no sanction, so restraint depends on self-discipline and institutional pressure.
- The “noisy judge” idea: Justice Gogoi’s remark on independent judges and Justice Nath’s formulation can coexist, provided impartiality is preserved.
Challenges
- A fuzzy line between explaining an issue and answering a live dispute.
- No enforceable code of conduct for judges.
- Perceived bias eroding public trust.
- Political reaction to judicial speeches.
- Balancing transparency and public dialogue with impartiality.
Way Forward
- Update the Restatement with guidance on speeches, social media and pending matters.
- Encourage judges to discuss principles rather than live disputes, disclose possible conflicts and consider recusal.
- Create a transparent, non-punitive consultative mechanism (for example, Full Court guidance) instead of ad hoc public criticism.
- Educate the public on the difference between legal exposition and prejudgment.
India Implications
- Judicial legitimacy: public faith in the courts rests on both independence and the appearance of impartiality, especially in politically charged electoral disputes.
- Electoral integrity: large-scale roll revisions make due process – notice, hearing and reasoned orders – central to protecting the franchise.
- Institutional reform: a clearer, updated code would protect judges’ voices without inviting allegations of prejudgment.
Himachal’s electoral rolls include large numbers of service voters, seasonal migrants and residents of remote tribal areas such as Lahaul-Spiti, Pangi and Kinnaur – the groups most at risk of wrongful deletion when verification relies on door-to-door checks. The Section 22 and Rule 21A safeguards of notice and hearing matter most for such voters in any revision of the State’s rolls.
ConclusionJudicial speech can enrich constitutional discussion, but it must stay clear of deciding cases outside the courtroom. Clear norms based on subject, specificity and proximity would protect both the judicial voice and judicial impartiality.
Q. Explain the constitutional status of the right to vote in India. How do Articles 14 and 326 contribute to protecting electoral fairness?
(15 Marks, 250 Words)
