June 10, 2026

Current Affairs

National One Health Mission: Strengthening India’s Integrated Health Security

Recently, the Fifth Meeting of the Scientific Steering Committee on the National One Health Mission was held in New Delhi. The meeting focused on strengthening coordinated surveillance, pandemic preparedness, and integrated disease management across human, animal, and environmental sectors.

About National One Health Mission

The National One Health Mission (NOHM) was launched in 2024 as a collaborative and multidisciplinary initiative aimed at integrating human, animal, and environmental health systems.

The mission is based on the “One Health” approach, which recognizes that the health of humans, animals, plants, and ecosystems is deeply interconnected. Diseases such as COVID-19, Nipah, Avian Influenza, and Zoonotic infections have demonstrated the importance of coordinated surveillance and response mechanisms.

Objectives of the Mission

The mission seeks to:

Strengthen pandemic preparedness
Improve integrated disease surveillance
Enhance early warning systems
Prevent zoonotic disease outbreaks
Promote coordinated research and data sharing
Develop robust public health infrastructure

It aims to unify surveillance systems across:

Human health
Animal health
Environmental monitoring

Nodal Agency

The mission is coordinated by:

Indian Council of Medical Research (ICMR)

It functions under the:

Office of the Principal Scientific Adviser (PSA) to the Government of India.

Governance Structure

The National One Health Mission follows a two-tier governance framework.

1. Executive Committee

Composition

Chaired by the Ministry of Health & Family Welfare (MoHFW)
Principal Scientific Adviser serves as Vice-Chair
Member (Health), NITI Aayog is a permanent invitee
Includes Secretaries of stakeholder departments and representatives from two states on a rotational basis

Functions

Provides overall policy guidance
Reviews mission implementation
Coordinates inter-ministerial collaboration

2. Scientific Steering Committee

Composition

Chaired by the Principal Scientific Adviser (PSA)
Includes Secretaries and Directors General of stakeholder departments and states

Functions

Provides scientific oversight and direction
Guides surveillance and research priorities
Supports evidence-based policymaking

Importance of One Health Approach

Zoonotic Disease Control

More than 60% of infectious diseases affecting humans are zoonotic in nature. Integrated monitoring helps detect outbreaks early.

Pandemic Preparedness

The mission strengthens India’s capability to respond rapidly to emerging public health threats.

Environmental Health

Climate change, deforestation, and biodiversity loss influence disease transmission. The mission integrates ecological factors into health planning.

Antimicrobial Resistance (AMR)

The initiative supports coordinated action against AMR emerging from human and veterinary antibiotic misuse.

Food and Livestock Security

Healthy livestock systems contribute to nutrition, rural livelihoods, and food security.

Stakeholder Ministries and Agencies

The mission involves coordination among:

Ministry of Health & Family Welfare
Ministry of Fisheries, Animal Husbandry and Dairying
Ministry of Environment, Forest and Climate Change
Department of Biotechnology
ICMR
ICAR
State governments and research institutions

Challenges

Key challenges include:

Inter-departmental coordination
Data sharing mechanisms
Lack of integrated surveillance infrastructure
Shortage of trained manpower
Funding and technological gaps

Conclusion

The National One Health Mission marks a significant step toward building an integrated and resilient public health framework in India. By linking human, animal, and environmental health systems, the mission can improve disease prevention, strengthen pandemic preparedness, and support sustainable health security for the future.

National Health Accounts (NHA) Estimates 2022–23: Rising Public Health Expenditure in India

Why in News?

The Ministry of Health and Family Welfare recently released the National Health Accounts (NHA) Estimates for India 2022–23, highlighting a steady rise in public healthcare expenditure and a decline in out-of-pocket spending by households.

National Health Accounts (NHA)

The National Health Accounts (NHA) provide a comprehensive and systematic assessment of health expenditure in India. Released annually, the estimates track actual spending incurred by the government, private sector, households, and external agencies across various healthcare services and programmes.

The 2022–23 report marks the tenth edition of the NHA series, which began in 2013–14. The estimates are prepared by the National Health Accounts Technical Secretariat (NHATS) under the National Health Systems Resource Centre (NHSRC), functioning under the Ministry of Health and Family Welfare.

India follows the internationally accepted System of Health Accounts (SHA) 2011 framework, developed by organisations such as the World Health Organization (WHO), OECD, and Eurostat. This framework ensures standardisation and enables international comparison of healthcare expenditure.

Key Highlights of the NHA Estimates 2022–23

Rise in Government Health Expenditure

The report indicates a substantial increase in government spending on healthcare over the last decade. Government Health Expenditure (GHE) increased from ₹1.30 lakh crore in 2013–14 to ₹3.85 lakh crore in 2022–23, reflecting the growing policy emphasis on strengthening public healthcare infrastructure and services.

The share of government health expenditure in GDP also increased from 1.15 percent in 2013–14 to 1.43 percent in 2022–23. According to the revised GDP base year series (2022–23), the figure stands at 1.48 percent.

Similarly, the share of health expenditure within total government expenditure rose from 3.78 percent to 4.89 percent during the same period.

In per capita terms, government health expenditure increased nearly 2.7 times, rising from ₹1,042 in 2013–14 to ₹2,786 in 2022–23.

Decline in Out-of-Pocket Expenditure

One of the most significant achievements highlighted in the report is the sharp reduction in Out-of-Pocket Expenditure (OOPE) incurred by households on healthcare.

OOPE as a share of total health expenditure declined from 64.2 percent in 2013–14 to 43.4 percent in 2022–23.

This decline is particularly important because high out-of-pocket expenditure often pushes vulnerable households into poverty and financial distress. The reduction reflects improved public provisioning of healthcare services, expansion of insurance coverage, and greater government intervention in healthcare financing.

Lower OOPE is also considered a major indicator of progress toward Universal Health Coverage (UHC).

Growth in Social Security and Health Insurance

The report notes a substantial increase in the share of Social Security Expenditure (SSE) in total health expenditure. SSE includes government-funded health insurance schemes such as Ayushman Bharat–Pradhan Mantri Jan Arogya Yojana (AB PM-JAY), social health insurance programmes, and medical reimbursements for government employees.

The share of SSE increased from 6 percent in 2013–14 to 9.9 percent in 2022–23.

Private health insurance expenditure also witnessed a significant rise, increasing from 3.4 percent to 9.2 percent during the same period. This reflects growing insurance penetration and increasing awareness regarding financial protection against medical expenses.

Increased Focus on Primary Healthcare

The report highlights a major rise in expenditure on primary healthcare services. Government expenditure on primary healthcare more than doubled from ₹0.5 lakh crore in 2013–14 to ₹1.4 lakh crore in 2022–23.

This shift indicates increasing emphasis on preventive healthcare, early diagnosis, maternal and child health services, immunisation, and strengthening grassroots healthcare delivery systems through Health and Wellness Centres.

Strengthening primary healthcare is considered essential for reducing disease burden, improving accessibility, and lowering healthcare costs in the long term.

Significance of the Report

The NHA estimates serve as an important policy tool for assessing India’s progress toward affordable and equitable healthcare access. The data reflects the gradual transition from a predominantly out-of-pocket healthcare financing model toward greater public financing and insurance-based coverage.

The increase in government health expenditure aligns with India’s broader objective of achieving Universal Health Coverage and improving healthcare resilience after the COVID-19 pandemic.

The report also demonstrates the growing role of flagship programmes such as Ayushman Bharat, PM-JAY, and the National Health Mission in improving healthcare accessibility and reducing financial hardship.

Challenges

Despite progress, India’s public health expenditure as a share of GDP remains lower than many developed and emerging economies. Regional disparities in healthcare infrastructure, shortage of medical personnel, rising non-communicable diseases, and uneven quality of healthcare services continue to pose major challenges.

Ensuring affordable healthcare access in rural and underserved areas remains a critical policy priority.

Conclusion

The National Health Accounts Estimates 2022–23 reflect significant improvements in India’s healthcare financing landscape, particularly through rising public expenditure and declining out-of-pocket spending. While the trends indicate progress toward a more inclusive healthcare system, sustained investment, stronger primary healthcare infrastructure, and equitable access will remain essential for achieving long-term health security and universal healthcare coverage.

Medical Negligence Claims and Survival of Legal Actions

Why in News?

The Supreme Court of India recently ruled that medical negligence proceedings do not automatically end with the death of the accused doctor.

A bench comprising:

J. K. Maheshwari
Atul S. Chandurkar

held that legal heirs of a deceased doctor can be impleaded in proceedings involving financial claims recoverable from the doctor’s estate.

However, purely personal claims such as:

pain and suffering,
reputational injury,
emotional distress

would lapse upon the death of the accused person.

Background of the Case

The dispute arose from an eye surgery conducted in Bihar in 1990.

Suresh Chandra Roy approached Dr. P.B. Lall after his wife experienced severe eye pain.

Following surgery:

her condition deteriorated,
vision in both eyes was affected,
another surgery became necessary in 1994.

The family filed a complaint under the Consumer Protection Act, 1986 seeking compensation for:

medical expenses,
travel costs,
loss of vision,
mental agony.

Decisions of Consumer Forums

District Consumer Forum

The forum held Dr. Lall negligent and awarded compensation in 2003.

Bihar State Consumer Disputes Redressal Commission

The State Commission overturned the decision, holding that glaucoma — rather than negligence — caused the vision loss.

The matter was later appealed before the:

National Consumer Disputes Redressal Commission (NCDRC)

During proceedings, Dr. Lall died in 2009, after which his wife and son were impleaded as legal heirs.

Core Legal Issue

The main question before the Court was:

Does a medical negligence claim survive after the death of the accused doctor?

The legal heirs argued that:

medical negligence actions are personal in nature,
therefore proceedings should abate upon death.

Doctrine: Actio Personalis Moritur Cum Persona

The Court examined the traditional common law maxim:

Actio personalis moritur cum persona 
(“A personal action dies with the person”)

Historically:

personal injury claims ended upon death of either party.

However, Indian law has gradually modified this rule.

Evolution of Indian Law

Legal Representatives Suits Act, 1855

Allowed continuation of claims involving:

pecuniary loss,
property-related claims.

Fatal Accidents Act, 1855

Created rights to sue in cases involving:

wrongful death.

Section 306 of the Indian Succession Act, 1925

This provision states that legal rights survive against legal representatives except in cases involving:

defamation,
assault,
personal injuries not causing death.

Thus:

claims involving financial loss may survive,
purely personal claims lapse.

Role of Order XXII CPC

Order XXII of the Civil Procedure Code

Deals with:

substitution of parties after death.

If the “right to sue survives”:

legal heirs may be impleaded.

Otherwise:

the suit abates.

Consumer Protection Act and Medical Negligence

Section 13(7) of the Consumer Protection Act applies procedural provisions of the CPC to consumer disputes.

However, the Court clarified:

procedural law explains how proceedings continue,
substantive law determines whether the claim survives.

Supreme Court’s Interpretation

The Court drew a distinction between:

Personal Rights

These relate to:

dignity,
emotional suffering,
reputation.

Such claims end upon death.

Proprietary / Pecuniary Rights

These relate to:

economic loss,
compensation recoverable from estate.

Such claims survive against legal heirs, but:

only to the extent of inherited estate.

The Court therefore held that:

compensation claims involving financial loss may continue,
but heirs are not personally liable beyond inherited assets.

Significance of the Judgment

The ruling is important because it:

balances consumer rights and fairness,
protects compensation claims,
clarifies survival of legal actions,
distinguishes substantive and procedural law.

It also strengthens accountability in:

medical negligence disputes,
consumer protection jurisprudence.

Concerns and Criticism

Legal experts have raised certain concerns:

Liability of Legal Heirs

Questions remain regarding:

heirs inheriting no estate,
apportionment of liability among multiple heirs.

Impact on Medical Practice

Some experts believe the ruling may:

increase litigation pressure on doctors,
encourage defensive medicine,
lead doctors to avoid high-risk cases.

There are concerns that:

smaller hospitals may increasingly refer complex patients to larger institutions with stronger legal support systems.

Broader Legal Importance

The judgment clarifies:

survival of claims after death,
distinction between personal and proprietary rights,
scope of consumer law in medical negligence cases.

It also reinforces the principle that:

procedural law cannot expand substantive legal rights.

Conclusion

The Supreme Court’s ruling marks an important development in Indian consumer and tort jurisprudence. By allowing financial compensation claims in medical negligence cases to survive against a deceased doctor’s estate, the Court has sought to balance fairness to victims with limits on personal liability. The judgment also provides much-needed clarity regarding the relationship between substantive rights, procedural law, and survival of legal claims in India’s justice system.

Legal Fiction and the Anti-Defection Law

Why in News?

The Supreme Court’s March 2026 judgment in Registrar Cane Cooperative Societies vs Gurdeep Singh Narval has revived discussion on the constitutional doctrine of legal fiction and its limits.

The ruling has important implications for the interpretation of mergers under the Tenth Schedule (Anti-Defection Law) of the Constitution.

Understanding Legal Fiction

A legal fiction is a legal device where the law assumes something to be true even if it may not be factually correct, in order to achieve a specific legal purpose.

Common Examples

An adopted child being treated as the natural child of adoptive parents.
A registered company being recognised as a separate legal “person”.

Legal fiction allows the legal system to:

Adapt to changing social realities
Ensure continuity and consistency in law
Simplify legal application

Views of Legal Thinkers

Sir Henry Maine

Henry Maine in Ancient Law (1861) described legal fiction as one of the major instruments through which legal systems evolve.

According to him, law develops through:

Legal fiction
Equity
Legislation

Lon Fuller’s Warning

Lon Fuller in Legal Fictions (1967) warned against misuse of legal fiction.

He argued:

A fiction is acceptable only when its artificial nature is acknowledged.
If fiction is treated as actual fact, it becomes dangerous.

Thus, a legal fiction must remain confined to the purpose for which it was created.

Bengal Immunity Doctrine

The leading Indian precedent on legal fiction is:

Bengal Immunity Co. Ltd. vs State of Bihar

Background

The case involved a Calcutta-based company selling vaccines in Bihar. Bihar attempted to tax the sales through a deeming provision treating the sale as occurring where goods were delivered.

Supreme Court’s Principle

Acting Chief Justice S. R. Das held:

A legal fiction is created for a definite purpose and cannot be extended beyond its legitimate field.

This became the foundational doctrine governing deeming clauses in Indian law.

International Judicial Influence

The principle was reinforced in:

East End Dwellings Co. Ltd. vs Finsbury Borough Council

Lord Asquith famously observed:

Courts must imagine all necessary consequences of a legal fiction,
But should not extend imagination beyond the fiction’s intended scope.

The Indian Supreme Court later adopted this reasoning in:

J.K. Cotton Spinning and Weaving Mills Ltd. vs Union of India

Supreme Court’s 2026 Ruling

Registrar Cane Cooperative Societies vs Gurdeep Singh Narval

The dispute arose after the bifurcation of Uttar Pradesh and creation of Uttarakhand in 2000.

A cooperative society member argued that his society automatically became a “Multi-State Cooperative Society” through a deeming clause under Section 103 of the Multi-State Cooperative Societies Act, 2002.

Supreme Court’s Decision

Justices:

P. S. Narasimha
Alok Aradhe

held that:

The deeming clause had a limited statutory purpose.
It could not be stretched beyond that purpose.
Legal fiction cannot alter completed legal realities unrelated to its intended field.

The judgment reaffirmed the Bengal Immunity doctrine.

Implications for the Anti-Defection Law

The ruling has major implications for:

Paragraph 4 of the Tenth Schedule
Political party mergers
Legislative defections

Merger Under the Tenth Schedule

Paragraph 4 protects legislators from disqualification if:

Their original political party merges with another party, and
Two-thirds members of the legislative party support the merger.

The Constitution states that merger “shall be deemed” to occur if the two-thirds threshold is met.

Key Constitutional Interpretation

Applying the Bengal Immunity doctrine:

The two-thirds threshold is merely a verification mechanism.
It does not itself create the merger.
The actual merger must first occur within the original political party.

Thus:

Legislators alone cannot manufacture a merger without approval from the parent political party.

Judicial Precedents

Rajendra Singh Rana vs Swami Prasad Maurya

The Supreme Court clarified:

Legislature-party numbers alone are insufficient.
Merger must originate in the political party itself.

Speaker Haryana Vidhan Sabha vs Kuldeep Bishnoi

The Court reiterated:

Legislators cannot independently create a merger.
The parent political party must authorise it.

Recent Controversies

Recent political developments have revived this issue.

In April 2026:

The Rajya Sabha Chairman reportedly recognised the merger of seven AAP MPs with the BJP based on numerical strength.

The decision has been legally challenged.

Critics argue that:

Such interpretations misuse deeming clauses,
And violate the Bengal Immunity doctrine.

Doctrinal Danger

The central danger lies in transforming a legal fiction into a substantive source of power.

If deeming clauses are interpreted expansively:

Legislative factions may gain power to engineer mergers independently.
Anti-defection safeguards may weaken.
Constitutional morality may be undermined.

This is precisely the danger warned against by:

Lon Fuller
Justice S.R. Das

Significance

The doctrine of legal fiction is important because it:

Preserves constitutional discipline
Prevents misuse of statutory interpretation
Protects the spirit of anti-defection law
Ensures limited and purpose-specific use of deeming clauses

Conclusion

The Supreme Court’s 2026 ruling has reaffirmed a fundamental constitutional principle: legal fictions must remain confined to the purpose for which they are created. Expanding deeming clauses beyond their legitimate scope risks distorting democratic processes and weakening constitutional safeguards. In the context of the anti-defection law, the doctrine ensures that political mergers reflect genuine party decisions rather than numerical manoeuvres by legislative factions.

Labour Codes and the Future of Labour Reforms in India

The operationalisation of the four Labour Codes from November 21, 2025 marks a major structural reform in India’s labour governance framework. By consolidating 29 existing labour laws into four Codes, the Union Government aims to simplify compliance, improve ease of doing business, and modernise labour administration. However, the reforms have also generated widespread concerns regarding labour rights, wage security, and collective bargaining.

Background

India’s labour law regime was historically characterised by multiple overlapping legislations, complex compliance requirements, and weak enforcement mechanisms. To address these issues, Parliament enacted four Labour Codes between 2019 and 2020:

Code on Wages, 2019
Industrial Relations Code, 2020
Code on Social Security, 2020
Occupational Safety, Health and Working Conditions (OSH) Code, 2020

The recent notification of final Rules has made these Codes operational across the country.

Key Features of the Labour Codes

1. Simplification of Labour Laws

The Codes replace 29 central labour laws with a unified framework. This seeks to reduce procedural complexity and promote transparency through digitised compliance systems, online registrations, and electronic maintenance of records.

2. Wage Reforms

The Code on Wages introduces several important provisions:

National Floor Wage to be fixed by the Centre in consultation with states.
8-hour normal working day and 48-hour weekly limit.
Mandatory issuance of wage slips.
Time-bound wage payments through bank transfer or electronic mode.

These measures aim to formalise employment and improve wage transparency.

3. Expansion of Social Security

The Code on Social Security extends welfare measures to:

Gig workers
Platform workers
Unorganised labour

A dedicated Social Security Fund has been proposed to provide broader coverage in the rapidly expanding gig economy.

4. Industrial Relations Reforms

The Industrial Relations Code provides for recognition of a sole negotiating union if it secures at least 30% membership among workers. The government argues this will improve industrial harmony and reduce multiplicity of unions.

Significance of the Labour Codes

Ease of Doing Business

Simplified compliance procedures and digitisation are expected to reduce the regulatory burden on industries and improve India’s investment climate.

Formalisation of Employment

Electronic wage systems, digital records, and standardised rules may help integrate informal workers into the formal economy.

Universalisation of Social Security

For the first time, gig and platform workers have been brought within the ambit of labour welfare protections, reflecting changing employment patterns in the digital economy.

Labour Market Modernisation

The reforms seek to align India’s labour laws with emerging economic realities and technological changes.

Major Concerns Associated with the Labour Codes

Removal of Scientific Minimum Wage Formula

One of the most controversial aspects is the removal of the earlier scientific criteria for minimum wage determination.

The earlier formula was based on:

Nutritional requirements
Clothing needs
Housing expenditure
Fuel and electricity costs
Education and medical expenses

These standards originated from the 15th Indian Labour Conference (1957) and were upheld in the Reptakos Brett Supreme Court Judgment (1991).

Critics argue that removing these criteria may:

Reduce wage transparency
Enable arbitrary wage fixation
Increase interstate wage disparities
Suppress wages in poorer states

Weakening of Collective Bargaining

Trade unions fear that the Codes may reduce workers’ bargaining power by weakening minimum wage benchmarks and easing employer discretion.

Concerns Regarding Informalisation

India’s workforce remains predominantly informal. Weak enforcement capacity, contractualisation, and low unionisation may limit the effectiveness of reforms.

Federal Issues

Since labour falls under the Concurrent List, state-level variations in implementation may create uneven labour standards across the country.

Government’s Perspective

The government has defended the Labour Codes as necessary reforms aimed at:

Improving industrial productivity
Encouraging investment
Reducing compliance burden
Expanding social security coverage
Creating employment opportunities

According to the government, simplified labour laws are essential for India’s transition into a globally competitive manufacturing and services economy.

Way Forward

Restore Scientific Wage Determination

Transparent and objective criteria for fixing minimum wages should be restored to ensure fair living standards for workers.

Strengthen Tripartite Consultation

Meaningful dialogue among government, employers, and trade unions is necessary for labour peace and policy legitimacy.

Improve Social Security Delivery

Focus should be placed on:

Registration of gig workers
Portability of benefits
Efficient grievance redressal
Universal access to welfare schemes

Strengthen Enforcement Mechanisms

Technology-driven inspections should enhance accountability rather than dilute labour protections.

Ensure Uniform Minimum Standards

A strong National Floor Wage is necessary to prevent regional disparities and labour exploitation.

Conclusion

The Labour Codes represent one of the most important labour reforms in post-independence India. While the reforms seek to modernise labour administration and improve ease of doing business, concerns regarding wage security, worker protections, and collective bargaining remain substantial. The long-term success of these reforms will depend on achieving a balanced framework that promotes economic growth while safeguarding workers’ dignity, welfare, and rights.

Justice (Retd.) Prakash Prabhakar Naolekar Committee

The Central Government has constituted a high-level committee to study demographic changes occurring across various regions of India due to illegal immigration and other unnatural causes.

The committee is headed by Justice (Retd.) Prakash Prabhakar Naolekar, a former judge, and has been tasked with examining the patterns, causes and implications of demographic shifts in the country.

The committee is expected to submit its report within one year.

Composition of the Committee

The committee consists of five members:

Justice (Retd.) Prakash Prabhakar Naolekar – Chairperson
Census Commissioner of India
Durga Shankar Mishra (Retd. IAS)
Balaji Srivastava (Retd. IPS)
Dr. Shamika Ravi

The Joint Secretary (Foreigners-I), Ministry of Home Affairs will serve as the Member Secretary of the committee.

Mandate of the Committee

The committee has been assigned the responsibility to:

Study demographic changes across India
Identify causes behind such demographic shifts
Examine the role of illegal immigration and other unnatural factors
Assess implications on governance, security and society
Suggest legal, administrative and policy measures to address the issue

The panel will also examine regional demographic imbalances and their long-term socio-economic and security implications.

Understanding Demographic Change

Demographic change refers to alterations in the composition of population over time due to factors such as:

Birth and death rates
Migration
Urbanisation
Religious or linguistic shifts
Economic opportunities
Refugee movement and illegal immigration

Rapid demographic shifts can influence:

Resource distribution
Political representation
Employment patterns
Social harmony
Internal security

Illegal Immigration in India

Illegal immigration has remained a sensitive issue in India, especially in border states.

Major concerns include:

National security challenges
Pressure on resources and infrastructure
Identity and citizenship disputes
Electoral and political implications
Social and ethnic tensions

Border states such as Assam, West Bengal and regions along India’s eastern and western frontiers have frequently witnessed debates related to illegal migration.

Importance of the Committee

Policy Formulation

The committee’s recommendations may help the government frame evidence-based policies on migration management and demographic planning.

National Security

Understanding demographic patterns can support better border management and internal security measures.

Administrative Reforms

The committee may recommend improvements in:

Population data collection
Citizenship verification
Border surveillance
Migration tracking systems

Balanced Development

Accurate demographic assessment can assist in welfare planning, infrastructure development and equitable resource allocation.

Concerns and Criticism

Some experts have raised concerns regarding:

Possible politicisation of demographic issues
Risk of social polarisation
Data interpretation challenges
Need to balance national security with humanitarian considerations

There are also concerns that demographic debates should be approached carefully to avoid discrimination against any community.

Constitutional and Legal Context

Issues relating to citizenship, migration and foreigners are governed by:

Citizenship Act, 1955
Foreigners Act, 1946
Passport (Entry into India) Act, 1920
Constitutional provisions on equality and fundamental rights

The matter also intersects with national security and federal governance.

Way Forward

India needs a balanced and data-driven approach towards demographic management. Strengthening border management, modernising population databases and ensuring transparent migration policies are important. At the same time, constitutional values, human rights and social harmony must remain central to policymaking.

The Justice (Retd.) Prakash Prabhakar Naolekar Committee is expected to play an important role in understanding demographic trends and shaping future governance strategies.

Decentralised Waste Management and Federal Challenges in India

India is facing a severe waste management crisis marked by overflowing landfills, plastic pollution, open waste burning, and contamination of rivers and groundwater. Rapid urbanisation, rising consumption, and inadequate waste-processing infrastructure have intensified environmental and public health concerns across both urban and rural regions.

To address these challenges, the government introduced the Solid Waste Management Rules, 2026, replacing the earlier 2016 framework from April 1, 2026. The new rules seek to strengthen waste segregation, scientific processing, landfill remediation, digital monitoring, and circular economy practices. However, experts have raised concerns regarding excessive centralisation, weak local capacity, and the impact on India’s federal structure.

Key Objectives of the Solid Waste Management Rules, 2026

The new rules aim to:

Improve segregation of waste at source
Regulate bulk waste generators
Promote recycling and scientific processing
Reduce dependence on landfills
Clean legacy dumpsites
Strengthen digital waste monitoring systems
Encourage a circular economy

The reforms reflect a stronger environmental governance approach and align with India’s sustainability commitments.

Constitutional Basis and Federal Concerns

The Rules were framed under the Environment (Protection) Act, 1986, enacted using Article 253 of the Constitution.

Article 253 empowers Parliament to legislate for implementing international agreements and obligations such as the 1972 Stockholm Declaration on environmental protection. Under this provision, the Centre can legislate even on subjects usually associated with States or local bodies, including:

Public health
Sanitation
Agriculture
Water management
Land administration

While national environmental standards are important, critics argue that excessive central intervention may weaken State autonomy and reduce municipalities and panchayats to mere implementing agencies.

Principle of Subsidiarity

Experts highlight the importance of the principle of subsidiarity, under which governance functions should be performed at the lowest effective level closest to citizens.

Waste management is highly dependent on:

Local geography
Population density
Consumption patterns
Administrative capacity
Citizen participation

Therefore, decentralised governance is often considered more effective than uniform centralised regulation.

For example:

Megacities require advanced processing plants
Himalayan towns face terrain constraints
Coastal areas have marine waste concerns
Rural regions need low-cost decentralised systems

A single nationwide model may not adequately address these diverse local realities.

The Knowledge Problem and Local Governance

The debate also draws upon economist Friedrich Hayek’s idea of the “knowledge problem.”

According to Hayek, effective governance depends on local and context-specific knowledge that cannot be fully understood through centralised planning.

Critics argue that local governments understand:

Waste generation patterns
Informal recycling networks
Seasonal challenges
Community behaviour

far better than distant central authorities.

Similarly, economist Kenneth Arrow’s concept of “learning by doing” suggests that administrative capacity improves when institutions are allowed to experiment and make decisions independently.

Over-centralisation may therefore discourage innovation and weaken long-term institution-building.

Challenges for Rural Local Bodies

Extending waste management rules to rural India is necessary because plastic waste and open dumping are increasing rapidly in villages as well.

However, most gram panchayats currently lack:

Trained sanitation staff
Collection vehicles
Scientific processing facilities
Digital compliance systems
Adequate financial resources

Imposing complex compliance mechanisms without strengthening local capacity could lead to poor implementation and bureaucratic overload.

Suggested Rural Waste Model

Experts recommend:

Gram Sabha awareness campaigns
Household and community composting
Periodic plastic waste collection
Cluster-based waste processing with nearby towns

Such decentralised systems are more practical and cost-effective for rural areas.

Need for Stronger Urban Waste Institutions

For metropolitan regions, experts suggest establishing dedicated Metropolitan Waste Management Authorities with:

Elected local representation
State government participation
Technical experts
Citizen oversight mechanisms

Such institutions can improve accountability, scientific planning, and coordination among urban local bodies.

States as “Laboratories” of Innovation

The article also refers to Justice Louis Brandeis’s idea of States as “laboratories of democracy.”

Different States could experiment with:

Decentralised composting
Waste-worker cooperatives
Tourist waste regulation
Metropolitan waste authorities
Plastic recycling models

The Centre could later identify successful models and create evidence-based national standards instead of imposing rigid uniform systems from the beginning.

Conclusion

The Solid Waste Management Rules, 2026 represent an important step towards addressing India’s growing environmental crisis and promoting sustainable waste governance. However, effective waste management cannot rely solely on centralised regulation and digital compliance mechanisms.

Since waste management is fundamentally linked to public health, local administration, and citizen participation, empowering States, municipalities, and gram panchayats will be essential.

A balanced approach combining national environmental standards with decentralised implementation, predictable financing, local innovation, and community participation can help India build an efficient, sustainable, and inclusive waste management system.

Dr. B.R. Ambedkar and Labour Reforms: A Vision of Dignity and Social Justice

Introduction

On the occasion of Ambedkar Jayanti (April 14), it is important to revisit the transformative contributions of B. R. Ambedkar to labour rights in India. While widely recognised as the architect of the Indian Constitution, Ambedkar’s role in shaping labour welfare during colonial India remains underappreciated. His reforms laid the foundation for modern labour laws and social security systems in India.

Ambedkar’s Vision for Labour

Ambedkar’s approach to labour was deeply philosophical and humanistic. He believed that workers should not merely survive but live with dignity and opportunities for self-development—social, cultural, and spiritual.

To address labour issues politically, he founded the Independent Labour Party (1936), signalling his commitment to representing working-class interests in governance.

Ambedkar as Labour Member (1942–46): A Turning Point

Ambedkar’s appointment to the Viceroy’s Executive Council as Labour Member in 1942 marked a watershed moment. This period saw rapid industrialisation but minimal concern for worker welfare.

He challenged the prevailing notion that economic growth must precede labour rights, instead arguing that social justice and economic development must go hand in hand.

Key Labour Reforms Introduced

1. Reduction in Working Hours

Reduced working hours from 12 hours to 8 hours per day
Established the foundation for the 48-hour workweek

2. Social Security Measures

Introduction of Provident Fund
Foundation for Employee State Insurance (ESI)
Paid leave and Dearness Allowance (DA)

3. Women-Centric Reforms

Maternity benefits for women workers
Ensured economic security during childbirth

4. Strengthening Labour Institutions

Compulsory recognition of trade unions
Establishment of Employment Exchanges

5. Welfare Measures

Housing and medical facilities for workers
Sector-specific welfare funds (e.g., Mica Mines Labour Welfare Fund, 1946)

Tripartite Labour Conference (1942)

Ambedkar chaired the first-ever tripartite labour conference in India, bringing together:

Government
Employers
Employees

This created a collaborative framework for industrial relations, ensuring dialogue and conflict resolution.

He also advocated placing labour laws in the Concurrent List, ensuring uniformity across India and preventing fragmented provincial policies.

Labour Investigation Committee (1944)

Ambedkar established the Labour Investigation Committee in 1944:

First comprehensive study of labour conditions in India
Covered wages, housing, working conditions, and social realities
Extended focus beyond major industries to neglected sectors

Dignity at the Workplace

Ambedkar emphasised that labour rights must include dignity:

Mandated separate bathing facilities for male and female mine workers (1946)
Recognised that workers deserve respect, not just wages

Constitutional Legacy

Ambedkar embedded labour welfare into the Constitution through Directive Principles:

Article 39: Equal pay for equal work; adequate livelihood
Article 43: Living wage, decent working conditions, and leisure
Article 39(b) & (c): Equitable distribution of resources and prevention of wealth concentration

These provisions continue to guide labour policy in India.

Broader Philosophy

Ambedkar believed that labour rights cannot survive through legislation alone. 
He argued that:

Workers must have political representation
Trade unions alone are insufficient
Labour must actively participate in governance

This vision linked economic justice with political empowerment, making it far ahead of its time.

Significance

Laid foundation for modern labour laws in India
Shifted focus from exploitation to worker welfare and dignity
Integrated labour rights into constitutional governance
Influenced global labour standards

Conclusion

Dr. B.R. Ambedkar’s contributions to labour rights represent a profound blend of economic reform and human dignity. His vision extended beyond wages to the holistic development of workers. In today’s context of gig economy and labour informalisation, his ideas remain deeply relevant, reminding policymakers that true progress lies in balancing growth with justice.

Enforcement Directorate: Intensifying Fight Against Economic Offences in India

India’s fight against financial crimes has gained momentum, as reflected in the latest annual report of the Enforcement Directorate (ED). The agency reported asset attachments worth ₹81,422 crore, a 94% conviction rate, and the declaration of 21 fugitive economic offenders, highlighting a significant strengthening of enforcement mechanisms.

Context

Economic offences—such as money laundering, fraud, and tax evasion—pose serious threats to financial stability, governance, and public trust. With increasing globalization and digitalisation, these crimes have become more complex and transnational, necessitating stronger institutional responses.

What are Economic Offences?

Economic offences involve illegal activities aimed at financial gain through deception or misuse of systems.

Examples

Money laundering
Tax evasion
Corporate fraud
Cyber fraud
Foreign exchange violations

These crimes weaken institutions and disrupt economic order.

Legal Framework in India

1. Prevention of Money Laundering Act (PMLA)

Enables confiscation of proceeds of crime
Empowers ED to investigate and prosecute

2. Fugitive Economic Offenders Act (FEOA)

Targets offenders who flee India
Allows confiscation of assets above ₹100 crore

3. Benami Transactions (Prohibition) Act

Prohibits proxy property ownership

4. Foreign Exchange Management Act (FEMA)

Regulates foreign exchange transactions

5. Corporate Laws

Companies Act
SEBI Act

Role of the Enforcement Directorate

The ED functions under the Ministry of Finance and is the primary agency for enforcing PMLA and FEOA.

Key Functions

Attachment of illegal assets
Arrest and prosecution of offenders
International coordination for extradition
Tracking illicit financial flows

Key Highlights of the Latest Report

1. Massive Asset Attachments

Total assets attached: ₹81,422 crore
Assets returned: ₹63,142 crore
Major boost to recovery of public funds

2. High Conviction Rate

Conviction rate: 94%
Reflects strong investigation and prosecution

⚠️ Concern:

Over 2,400 cases pending
Only ~60 cases concluded 
→ Indicates judicial delays

3. Action Against Fugitive Offenders

Proceedings initiated: 54 individuals
Declared fugitives: 21 individuals
Assets confiscated: ₹2,178 crore

4. Rise in Money Laundering Cases

~800 new cases registered (Oct 2025–Mar 2026)
Includes:
- Digital fraud
- IP crimes
- National security-linked offences

5. Institutional Strengthening

Use of AI and data analytics
Better inter-agency coordination
Risk assessment committee approved 794 cases

Significance

1. Strengthening Financial Integrity

Enhances trust in financial systems
Deters economic offences

2. Recovery of Public Funds

Returns money to banks, investors, and citizens

3. Global Credibility

Improves India’s standing in anti-money laundering efforts

4. Tackling New-Age Crimes

Focus on digital and cross-border offences

Challenges

1. Judicial Delays

Large backlog reduces effectiveness

2. Complexity of Crimes

Use of shell companies and offshore accounts

3. Institutional Capacity

Need for more manpower and expertise

4. Civil Liberty Concerns

Criticism over misuse and procedural fairness

Way Forward

Strengthen judicial infrastructure for faster trials
Enhance international cooperation
Invest in technology and forensic capabilities
Ensure transparency and accountability
Balance enforcement with civil liberties

Conclusion

The Enforcement Directorate’s recent performance reflects a robust push against economic offences in India. While high conviction rates and asset recovery signal success, challenges like judicial delays and regulatory balance remain. Strengthening institutions and ensuring fair enforcement will be key to sustaining long-term financial integrity.

Forest Rights Act, 2006: Reaffirming Tribal Justice and Legal Supremacy

The recent ruling by the Allahabad High Court has reinforced the primacy of the Forest Rights Act (FRA), 2006, declaring that it overrides all earlier conflicting laws and judicial orders. The judgment came while setting aside a decision that denied forest rights to the Tharu tribe in Uttar Pradesh, marking a significant development in the protection of tribal rights in India.

About the Forest Rights Act, 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was enacted to correct the historical injustice faced by forest-dwelling communities due to colonial and post-colonial forest laws.

Core Objective: 
To recognise and vest forest rights in tribal and traditional forest dwellers who have been residing in and dependent on forests for generations.

Key Objectives of FRA

Recognition of Rights: Legal acknowledgement of individual and community rights
Empowerment of Gram Sabha: Grassroots authority to determine forest rights
Ecological Balance: Integrating conservation with livelihood
Democratic Decentralisation: Shifting power to local communities

Major Rights Under FRA

Title Rights: Ownership up to 4 hectares per household
Community Forest Rights: Access to forest produce (bamboo, honey, medicinal plants)
Habitat Rights: For Particularly Vulnerable Tribal Groups (PVTGs)
Grazing & Fishing Rights: Use of forest land and water bodies
Conservation Rights: Protect and manage forest resources
Protection Against Eviction: No eviction until claims are verified

A crucial provision states that FRA applies “notwithstanding anything contained in any other law”, giving it overriding authority over older legislations like the Indian Forest Act, 1927.

News Summary: Allahabad High Court Judgment

On April 20, 2026, the Lucknow Bench of the Allahabad High Court:

Set aside a District Level Committee (DLC) decision (2021)
The DLC had rejected forest rights claims of the Tharu tribe in Lakhimpur district

Basis of Rejection: 
The DLC relied on a 2000 Supreme Court interim order restricting de-reservation of forests.

Court’s Reasoning

The High Court clarified:

A later law prevails over earlier conflicting laws/orders
FRA (2006) overrides the 2000 Supreme Court order
Section 4 of FRA explicitly ensures rights despite conflicting laws

➡️ This reaffirmed a key legal principle: 
“Lex posterior derogat priori” (later law overrides earlier law)

Procedural Concerns

While the FRA provides a mechanism to act against violations:

Gram Sabha can issue a 60-day notice to authorities
However, the Court directed the same DLC to reconsider the case

This step, though practical, is not explicitly mentioned in the FRA, raising procedural concerns.

Broader Legal Context

1. Protection from Eviction

FRA prohibits eviction until claims are verified
Uttarakhand High Court (2026) also upheld this protection

2. Conflict with State Laws

Some courts prioritised state laws like the Tamil Nadu Forest Act, 1882 over FRA
This led to evictions and grazing bans

3. Grazing Rights Issue

Madras High Court (2022) restricted grazing in forests
However, FRA clearly allows grazing rights—even in protected areas

➡️ The Allahabad High Court ruling marks a progressive shift, reinforcing FRA supremacy.

Significance of the Judgment

Strengthens tribal land and livelihood rights
Reaffirms legal supremacy of FRA
Corrects misinterpretation by administrative bodies
Sets a precedent for future cases across India

Way Forward

Strict Implementation of FRA across states
Capacity Building of administrative authorities
Strengthening Gram Sabhas as decision-making bodies
Judicial Consistency in interpreting FRA
Balancing Conservation with Rights

Conclusion

The Forest Rights Act, 2006 remains a landmark legislation ensuring justice, dignity, and livelihood security for forest-dwelling communities. The recent ruling by the Allahabad High Court strengthens its position as a supreme legal safeguard, ensuring that development and conservation do not come at the cost of tribal rights.

Governor’s Role in a Hung Assembly: Constitutional Position and Judicial Safeguards

The recent political developments in Tamil Nadu following the 2026 Assembly elections have once again brought the constitutional role of the Governor into public debate. After the Tamilaga Vettri Kazhagam (TVK) emerged as the single largest party, Governor Rajendra Arlekar delayed inviting party president C. Joseph Vijay to form the government and sought physical letters of support from at least 118 MLAs. The controversy has reignited discussions regarding gubernatorial discretion, floor tests, and constitutional morality in a hung Assembly.

Constitutional Position of the Governor

Under Article 164 of the Constitution of India, the Governor appoints the Chief Minister. However, the Constitution does not prescribe a fixed procedure for selecting a Chief Minister when no party secures a clear majority.

The Governor’s primary responsibility is to ensure the formation of a stable government while upholding constitutional governance. Although the Governor enjoys discretionary powers in such situations, these powers are not absolute and must operate within constitutional limits and judicial principles.

Governor’s Role in a Hung Assembly

In the event of a hung Assembly, the Governor is expected to:

Explore all reasonable possibilities for government formation
Consult political parties, alliances, and independent MLAs
Ensure stability and avoid constitutional uncertainty
Prevent political defections and horse-trading through timely action

The Sarkaria Commission recommended that Governors should act impartially and avoid political bias while exercising discretion.

Order of Preference in Government Formation

1. Pre-Poll Alliance with Majority

The first preference should be given to a pre-poll alliance that commands a clear majority in the Assembly.

This principle was recommended by the Sarkaria Commission and has received judicial recognition.

2. Single Largest Party

If no alliance secures majority support, the Governor may invite the single largest party to form the government, provided it can demonstrate majority support through alliances or external backing.

The Supreme Court clarified in the S. R. Bommai Case that a government need not independently possess a majority as long as it enjoys the confidence of the Legislative Assembly.

3. Post-Poll Alliances

Post-election coalitions are constitutionally valid if they can demonstrate majority support in the House.

The rise of coalition politics in India has made such alliances common and legitimate instruments of democratic government formation.

Importance of Floor Test

Over time, the Supreme Court has increasingly treated the floor test as the most objective and transparent method for determining majority support.

The Court has repeatedly emphasised that legislative majority must be tested on the floor of the Assembly rather than through the Governor’s subjective satisfaction.

Critics argue that insisting on physical letters of support before inviting a party to form the government may delay democratic processes and create opportunities for political manipulation.

Supreme Court’s Evolving Jurisprudence

Goa Political Crisis (2017)

The Supreme Court allowed Manohar Parrikar to be sworn in despite the Congress being the single largest party. However, the Court ordered an immediate floor test within 48 hours.

Karnataka Political Crisis (2018)

The Governor invited B. S. Yediyurappa to form the government and initially granted 15 days to prove majority.

Following judicial intervention, the Supreme Court reduced the deadline to 24 hours and directed an open floor test under live television coverage. Yediyurappa resigned before the vote.

These cases reinforced the principle that democratic legitimacy must ultimately be determined in the Legislative Assembly.

Concerns Regarding the Governor’s Discretion

Allegations of Political Bias

Governors are often accused of acting in favour of the ruling party at the Centre, especially in opposition-ruled states.

Delay in Government Formation

Excessive delays in inviting parties to form the government may create instability and encourage defections.

Misuse of Article 356

There are concerns that discretionary powers may be used to justify President’s Rule in politically sensitive situations.

Need for Reforms

Codified Guidelines

There is a growing demand for clear constitutional or statutory guidelines governing the Governor’s actions in hung Assemblies.

Time-bound Floor Tests

The Supreme Court has increasingly favoured immediate floor tests to prevent political uncertainty and horse-trading.

Ensuring Political Neutrality

The Governor’s office must function as an impartial constitutional authority rather than a political instrument.

Conclusion

The Governor plays a critical constitutional role in ensuring stable government formation during a hung Assembly. However, judicial precedents and constitutional conventions make it clear that the ultimate test of majority lies on the floor of the House and not in the subjective discretion of the Governor. Strengthening constitutional morality, impartiality, and time-bound democratic procedures is essential to preserve federalism and democratic legitimacy in India.

India’s Road Accident Fatalities and Data Challenges

Introduction

India continues to record the world’s highest number of road accident fatalities. However, official estimates for 2024 vary significantly across government reports, highlighting major concerns regarding data accuracy and institutional coordination.

The Ministry of Road Transport and Highways reported nearly 1.77 lakh deaths, while the National Crime Records Bureau cited figures ranging from 1.75 lakh to 1.81 lakh deaths in different reports.

Although the government introduced digital systems such as the Electronic Detailed Accident Report (e-DAR) and Integrated Road Accident Database (iRAD) for real-time reporting, discrepancies continue to persist.

Sources of Road Accident Data in India

Police as the Primary Source

In India, the police are generally the first responders at accident sites and serve as the primary source of road accident data.

Fatal accidents caused by negligence are registered under:

Section 106 of the Bharatiya Nyaya Sanhita
Earlier covered under Section 304-A of the Indian Penal Code (IPC)

According to the World Health Organization, many countries worldwide primarily rely on police records for accident reporting.

Role of the Ministry of Road Transport and Highways (MoRTH)

The Ministry collects accident data through its Transport Research Wing (TRW) from State police departments.

The data includes:

Accident identification
Road conditions
Vehicle details
Driver information

This information is published in reports such as Road Accidents in India.

Because States often delay reporting, MoRTH has increasingly shifted towards:

e-DAR system
iRAD platform

for faster and real-time accident reporting.

How NCRB Collects Data

The NCRB gathers accident statistics through:

State Crime Records Bureaus (SCRBs)
District Crime Records Bureaus (DCRBs)
Local police stations

Thus, both MoRTH and NCRB ultimately depend on police-generated data, but institutional reporting channels differ.

Why Are There Discrepancies in Data?

Different Reporting Mechanisms

Although both agencies rely on police records, the reporting systems and coordination processes differ.

Police departments regularly report to NCRB under the Home Ministry.
MoRTH coordinates separately with States through multiple administrative channels.

This can lead to:

Delays
Incomplete reporting
Differences in compilation methods

Limitations in Data Collection

Officials note that some States only provide limited information requested under reporting formats, leaving out additional details.

Under-Reporting of Deaths

One major issue is that victims who die more than 30 days after an accident may not always be updated in records.

This can lead to:

Underestimation of fatalities
Inaccurate policy planning

Human and Institutional Bias

Analysts also point out that data quality may be affected by:

Subjective judgments by police personnel
Inconsistent classification
Administrative errors

Even differences of a few thousand deaths are significant because they represent real human lives and affect road safety policy decisions.

India’s Global Position in Road Fatalities

According to the International Road Federation:

India records the world’s highest total number of road accident deaths.
China and the United States follow India in total fatalities.

Although India has the highest total deaths, some countries like Iran report higher road fatality rates per lakh population.

Several developing countries, including:

Pakistan
Nigeria
Ethiopia
China

have lower per capita fatality rates than India.

Need for Better Road Safety Governance

Improving road safety requires:

Accurate and standardised data collection
Better coordination among agencies
Real-time digital reporting
Improved trauma care systems
Stronger enforcement of traffic laws
Scientific road design
Public awareness campaigns

Reliable accident data is essential for evidence-based policymaking and achieving India’s road safety targets.

Conclusion

India’s road accident crisis is not only a transport challenge but also a major public health and governance issue. Persistent inconsistencies in accident reporting undermine effective policymaking and weaken efforts to reduce fatalities.

Strengthening digital reporting systems like e-DAR and iRAD, improving institutional coordination, and ensuring transparent and standardised accident reporting will be crucial for improving road safety and saving lives.

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