Current Affairs

Recusal of a Judge

image 50

Context

The Delhi High Court recently heard a recusal plea filed by Arvind Kejriwal in the excise policy case, alleging bias against Justice Swarana Kanta Sharma. The case has once again highlighted the importance of judicial impartiality and the concept of recusal in India’s legal system.

What is Recusal of a Judge?

Recusal refers to a situation where a judge voluntarily withdraws from hearing a case due to a possible conflict of interest, bias, or circumstances that may affect impartiality.

Objective of Recusal

  • Ensure a fair trial,
  • Protect judicial neutrality,
  • Maintain public confidence in the judiciary.

The principle is based on the idea that “Justice must not only be done, but must also be seen to be done.”

Grounds for Recusal

A judge may recuse in situations involving:

  • Personal Bias: Relationship or hostility toward a party.
  • Financial Interest: Direct or indirect monetary interest in the case.
  • Prior Involvement: Earlier participation as lawyer, advisor, or witness.
  • Ideological Predisposition: Strong views affecting neutrality.

Recusal may also arise when there exists a reasonable apprehension of bias in the mind of a fair-minded observer.

Legal Framework in India

No Codified Law

India has no specific statute governing judicial recusal. The practice is largely based on judicial ethics, conventions, and case law.

Nemo Judex Principle

The doctrine of “nemo judex in causa sua” means that no person should act as a judge in their own cause.

Judicial Discretion

The decision to recuse rests solely with the concerned judge and cannot ordinarily be dictated by litigating parties.

Judicial Precedents

The Supreme Court has evolved principles regarding recusal through various judgments to uphold fairness and institutional credibility.

Bangalore Principles of Judicial Conduct

The Bangalore Principles of Judicial Conduct were adopted in 2002 by the Judicial Group on Strengthening Judicial Integrity and later endorsed by the United Nations in 2006.

The principles provide global ethical standards for judges and emphasise:

  • Independence,
  • Impartiality,
  • Integrity,
  • Propriety,
  • Equality,
  • Competence and diligence.

Significance of Recusal

Recusal protects the credibility of courts, prevents conflict of interest, and reinforces citizens’ trust in the justice delivery system.

Parliament Passed Andhra Pradesh Reorganisation (Amendment) Bill, 2026

image 48

Context

The Parliament passed the Andhra Pradesh Reorganisation (Amendment) Bill, 2026, declaring Amaravati as the sole and permanent capital of Andhra Pradesh.

The amendment replaces the placeholder provision in Section 5(2) of the Andhra Pradesh Reorganisation Act, 2014, with the phrase: “Amaravati shall be the capital.”

Key Provisions of the Amendment

Permanent Capital Status

  • Amaravati has been legally designated as the exclusive capital of Andhra Pradesh.
  • The amendment came into effect retrospectively from June 2, 2024.

End of Joint Capital Arrangement

  • Hyderabad functioned as the common capital of Andhra Pradesh and Telangana from 2014 to 2024 after state bifurcation.
  • The amendment ensures continuity in governance after the end of this arrangement.

Override of Three-Capital Model

The law nullifies the earlier proposal of:

  • Visakhapatnam – Executive Capital
  • Kurnool – Judicial Capital
  • Amaravati – Legislative Capital

The state will now follow a single-capital model.

Significance

Administrative Stability

  • A single capital can improve coordination among executive, legislative, and judicial institutions.
  • It may reduce administrative fragmentation and policy uncertainty.

Legal and Constitutional Importance

  • This is the first instance where Parliament has enacted a law explicitly naming a city as a state capital.
  • It highlights Parliament’s powers under Article 3 regarding state reorganisation.

Economic Implications

  • The decision is expected to boost infrastructure development and investor confidence in Amaravati.
  • Planned urban development may generate employment and improve connectivity.

Governance Perspective

  • The move seeks to ensure policy clarity after prolonged debates over capital location.
  • However, concerns remain regarding balanced regional development across Andhra Pradesh.

Challenges

  • Large financial requirement for developing Amaravati’s infrastructure.
  • Regional imbalance concerns from Rayalaseema and North Coastal Andhra regions.
  • Need for sustainable urban planning and environmental safeguards.

Way Forward

  • Ensure inclusive regional development alongside Amaravati’s growth.
  • Strengthen transport and institutional connectivity across all regions.
  • Adopt transparent and sustainable urban governance practices.

Parliament Passed Andhra Pradesh Reorganisation (Amendment) Bill, 2026

image 47

Context

The Parliament passed the Andhra Pradesh Reorganisation (Amendment) Bill, 2026, declaring Amaravati as the sole and permanent capital of Andhra Pradesh.

The amendment replaces the placeholder provision in Section 5(2) of the Andhra Pradesh Reorganisation Act, 2014, with the phrase: “Amaravati shall be the capital.”

Key Provisions of the Amendment

Permanent Capital Status

  • Amaravati has been legally designated as the exclusive capital of Andhra Pradesh.
  • The amendment came into effect retrospectively from June 2, 2024.

End of Joint Capital Arrangement

  • Hyderabad functioned as the common capital of Andhra Pradesh and Telangana from 2014 to 2024 after state bifurcation.
  • The amendment ensures continuity in governance after the end of this arrangement.

Override of Three-Capital Model

The law nullifies the earlier proposal of:

  • Visakhapatnam – Executive Capital
  • Kurnool – Judicial Capital
  • Amaravati – Legislative Capital

The state will now follow a single-capital model.

Significance

Administrative Stability

  • A single capital can improve coordination among executive, legislative, and judicial institutions.
  • It may reduce administrative fragmentation and policy uncertainty.

Legal and Constitutional Importance

  • This is the first instance where Parliament has enacted a law explicitly naming a city as a state capital.
  • It highlights Parliament’s powers under Article 3 regarding state reorganisation.

Economic Implications

  • The decision is expected to boost infrastructure development and investor confidence in Amaravati.
  • Planned urban development may generate employment and improve connectivity.

Governance Perspective

  • The move seeks to ensure policy clarity after prolonged debates over capital location.
  • However, concerns remain regarding balanced regional development across Andhra Pradesh.

Challenges

  • Large financial requirement for developing Amaravati’s infrastructure.
  • Regional imbalance concerns from Rayalaseema and North Coastal Andhra regions.
  • Need for sustainable urban planning and environmental safeguards.

Way Forward

  • Ensure inclusive regional development alongside Amaravati’s growth.
  • Strengthen transport and institutional connectivity across all regions.
  • Adopt transparent and sustainable urban governance practices.

NSO Health Survey 2025: Expanding Coverage but Persistent Financial Distress

image 46

Introduction

The latest 80th Round Survey on Household Social Consumption: Health (2025) released by the National Statistical Office presents a mixed picture of India’s healthcare sector. The survey highlights significant progress in health insurance coverage, healthcare access, and institutional deliveries. However, it also reveals persistent financial distress due to rising out-of-pocket expenditure (OOPE), increasing dependence on private healthcare, and unequal access to benefits.

The findings underline the complex challenge of achieving Universal Health Coverage (UHC) in India.

Overview of the 80th Round NSO Health Survey

The survey was conducted between January and December 2025 and compares healthcare trends with the previous 75th Round Survey (2017–18).

Key Improvements

  • Expansion in health insurance coverage
  • Better access to healthcare services
  • Increase in institutional deliveries
  • Wider availability of medicines and diagnostics

Major Concerns

  • Rising OOPE despite insurance coverage
  • Growing reliance on private healthcare
  • Limited increase in public hospital utilisation
  • Unequal benefits across income groups

Thus, the survey reveals a paradox: healthcare coverage has improved, but financial protection remains weak.

Rising Health Insurance Coverage

The survey indicates substantial growth in insurance penetration:

  • 47.4% of rural households covered under health insurance
  • 44.3% of urban households covered

This increase has largely been driven by Government-Financed Health Insurance (GFHI) schemes such as:

  • Ayushman Bharat Pradhan Mantri Jan Arogya Yojana
  • State-level health insurance schemes
  • Employees' State Insurance Scheme
  • Central Government Health Scheme

Government records show that GFHI coverage increased more than two-and-a-half times between 2017–18 and 2025.

This reflects India’s rapid movement toward universal health assurance.

Expanding Healthcare Access

The Union Health Ministry has highlighted the survey findings as evidence of improved healthcare access.

Key Government Interventions

Free Drugs and Diagnostics Initiatives

The Free Drugs and Diagnostics Initiatives (FDSI and FDI) launched in 2015 expanded access to essential medicines and diagnostic services.

Ayushman Arogya Mandirs (AAMs)

India has established nearly 1.84 lakh AAMs, strengthening primary healthcare services focused on:

  • Preventive care
  • Promotive healthcare
  • Curative treatment AMRIT Scheme

The Affordable Medicines and Reliable Implants for Treatment programme provides discounted medicines through pharmacies across India.

These interventions have improved early detection and management of non-communicable diseases such as:

  • Diabetes
  • Hypertension
  • Cardiovascular diseases

This reflects India’s ongoing epidemiological transition from communicable to non-communicable diseases.

Persisting Challenges

Despite expanded coverage, important structural problems continue.

  1. Limited Increase in Hospitalisation

Hospitalisation rates have not increased significantly since 2017–18 and remain below 2014 levels.

This suggests that:

  • Insurance coverage alone does not guarantee healthcare utilisation
  • Financial and accessibility barriers still persist
  1. Rising Dependence on Private Healthcare

The survey shows growing preference for private healthcare facilities, especially in urban areas.

Key concern:

  • 57% of insured individuals sought hospitalisation in private hospitals

This increases treatment costs and reduces the effectiveness of public insurance schemes.

  1. Rising Out-of-Pocket Expenditure (OOPE)

Independent analysis of NSO data indicates that OOPE on hospitalisation has more than doubled between 2017–18 and 2025.

Hospitalisation Costs

  • Median OOPE per hospitalisation: ₹11,285
  • Median OOPE in public hospitals: ₹1,100

However, specialised treatments in private hospitals significantly raise average expenditure.

Causes of Continued OOPE

Even in public hospitals, patients often pay for:

  • Medicines
  • Diagnostics
  • Transport
  • Incidental expenses

This occurs due to shortages and infrastructural gaps.

Inequities in Healthcare Utilisation

The survey reveals unequal access to benefits under insurance schemes.

Uneven Distribution of Benefits

Among urban beneficiaries using insurance-linked hospitalisation:

  • Only 13% belonged to the poorest income group

This indicates that wealthier households disproportionately benefit from government-financed insurance schemes.

Fiscal Burden on States

States such as Haryana and West Bengal reportedly spend nearly:

  • 15% of their health budgets on GFHI schemes

Large public funds are increasingly flowing toward private healthcare providers through insurance reimbursements.

Public Health Equity Concerns

The survey highlights that:

  • Coverage indicators have improved
  • Financial risk protection remains inadequate

Rural vs Urban Divide

  • Rural low-income households show some decline in OOPE
  • Urban households continue facing heavy financial stress due to reliance on private care

This demonstrates the limitations of insurance-led healthcare models without strong public healthcare infrastructure.

Way Forward

Strengthening Public Healthcare

India must prioritise:

  • Public hospitals
  • Primary healthcare systems
  • Health workforce expansion

Focus on Preventive and Primary Care

Ayushman Arogya Mandirs can become the backbone of Universal Health Coverage if adequately funded.

Better Regulation of Private Sector

Stronger regulation is needed to:

  • Prevent overcharging
  • Improve transparency
  • Ensure quality standards

Improve Drug and Diagnostic Availability

Consistent supply of free medicines and tests can reduce OOPE significantly.

Outcome-Based Health Financing

Healthcare financing should focus on:

  • Quality outcomes
  • Preventive healthcare
  • Affordability

rather than volume-based reimbursements.

Conclusion

The NSO Health Survey 2025 highlights both the achievements and limitations of India’s evolving healthcare system. While insurance coverage and healthcare access have improved substantially, rising out-of-pocket expenditure and growing dependence on private healthcare continue to undermine financial protection.

India’s experience demonstrates that insurance expansion alone cannot guarantee equitable healthcare outcomes. A strong, accessible, and adequately funded public healthcare system remains essential for achieving universal health coverage, reducing medical impoverishment, and ensuring inclusive development.

NCERT Granted ‘Deemed to be University’ Status

image 45

The National Council of Educational Research and Training (NCERT) has recently been granted the status of a “Deemed to be University” under the University Grants Commission (UGC) Act, 1956. The move marks a significant shift in India’s educational landscape, as NCERT will now be able to expand beyond its traditional role of curriculum development and school education research.

NCERT, established in 1961 as an autonomous organisation under the Ministry of Education, has played a central role in shaping school education in India. It develops the National Curriculum Framework (NCF), prepares NCERT textbooks, conducts teacher training programmes, and undertakes educational research and policy support.

What is a “Deemed to be University”?

A deemed university is an institution that is granted university status by the Central Government on the advice of the UGC under Section 3 of the UGC Act, 1956.

Key features include:

  • Autonomy in designing courses and syllabus.
  • Authority to conduct examinations and award degrees.
  • Freedom in academic and research activities.
  • Mandatory compliance with UGC norms and standards.

Unlike regular universities, deemed universities are not established through a separate Act of Parliament or State Legislature.

Significance of the New Status

The new status allows NCERT to:

  • Offer undergraduate, postgraduate, diploma, and research programmes.
  • Expand into higher education and teacher education.
  • Strengthen educational research and innovation.
  • Collaborate with national and international institutions.

Further, NCERT must now participate in the National Institutional Ranking Framework (NIRF), obtain NAAC accreditation, and implement the Academic Bank of Credits (ABC), aligning it with the objectives of the National Education Policy.

Concerns and Challenges

Despite the advantages, concerns have been raised regarding NCERT’s institutional autonomy.

  • Increased UGC oversight may affect NCERT’s flexibility in policymaking.
  • Expansion into higher education could dilute its core focus on school education.
  • Academic commercialisation concerns persist despite the non-profit clause.

There are also apprehensions that bureaucratic regulation may slow curriculum reforms and innovation.

Way Forward

The development presents an opportunity to transform NCERT into a premier multidisciplinary educational institution. However, maintaining a balance between autonomy and accountability will be essential. NCERT must continue prioritising quality school education while leveraging its new academic powers to improve teacher training, educational research, and policy innovation in India.

The move ultimately reflects India’s broader push toward institutional strengthening and holistic educational reforms under NEP 2020.

Nari Shakti Reforms in India

image 44

India’s approach towards women’s empowerment has undergone a significant transformation in recent years. Moving beyond a welfare-centric framework, policy initiatives now aim at structural empowerment by placing women at the centre of economic growth, governance, and social development. This shift reflects the vision of “Nari Shakti” as a key pillar of inclusive and sustainable national development.

The reforms focus on financial inclusion, entrepreneurship, political representation, social welfare, and digital empowerment, while also addressing long-standing gender inequalities.

Major Pillars of Nari Shakti Reform

Financial Inclusion

The Pradhan Mantri Jan Dhan Yojana (PMJDY) has significantly expanded women’s access to formal banking services.

  • Over 57 crore Jan Dhan accounts have been opened.
  • Around 55% of these accounts are held by women.

This has enhanced women’s participation in formal finance, direct benefit transfers (DBT), savings, and digital transactions.

Self-Help Group (SHG) Revolution

Women-led Self-Help Groups have emerged as major drivers of grassroots entrepreneurship and rural development.

  • Nearly 10 crore women are associated with around 90 lakh SHGs.

SHGs strengthen:

  • Financial independence
  • Collective bargaining
  • Livelihood generation
  • Community participation

Clean Energy Access

The Pradhan Mantri Ujjwala Yojana has provided LPG connections to more than 10.5 crore households.

The scheme has:

  • Reduced indoor air pollution
  • Lowered drudgery for women
  • Improved health outcomes
  • Reduced dependence on firewood and biomass

Credit and Entrepreneurship

Under the Pradhan Mantri Mudra Yojana, nearly 70% of loans have been sanctioned to women borrowers.

This has promoted:

  • Women-led enterprises
  • Small businesses
  • Self-employment opportunities
  • Financial independence

Rising Workforce Participation

Female Labour Force Participation Rate (FLFPR) has increased to around 37%, reversing earlier declining trends.

This improvement reflects:

  • Expansion of rural employment
  • Growth in self-employment
  • Better economic participation of women

However, participation levels still remain below global averages.

Political Representation

The Nari Shakti Vandan Adhiniyam provides 33% reservation for women in the Lok Sabha and State Legislative Assemblies.

The reform is expected to:

  • Enhance political participation
  • Improve gender-sensitive policymaking
  • Strengthen women’s leadership in governance

Challenges in Nari Shakti Reforms

Awareness and Access Gap

Many women, especially in rural and marginalised communities, remain unaware of welfare schemes and institutional benefits.

Structural Employment Barriers

Despite improvement, women continue to face:

  • Wage inequality
  • Informal employment
  • Limited childcare support
  • Workplace discrimination

Uneven Inclusion

Women from vulnerable communities often face greater barriers due to caste, poverty, geography, and social norms.

Output-Oriented Governance

Policies frequently focus on coverage numbers rather than actual improvements in empowerment, income, health, or decision-making capacity.

Leadership Barriers

Patriarchal social structures continue to limit women’s representation in leadership positions. Women currently constitute only around 13.6% of Lok Sabha members.

Way Forward

Ensure Last-Mile Inclusion

Use the Aspirational Districts Programme and DBT mechanisms to ensure saturation coverage of eligible women beneficiaries.

Strengthen Capacity Building

Expand leadership, digital literacy, and entrepreneurship training under initiatives such as Mission Shakti.

Shift to Outcome-Based Monitoring

Leverage digital dashboards such as Poshan Tracker and Ayushman Bharat IT systems to assess measurable outcomes in nutrition, health, and income.

Deepen Financial and Digital Inclusion

Strengthen women’s participation through the JAM Trinity:

  • Jan Dhan
  • Aadhaar
  • UPI

This can improve credit access, savings, and digital entrepreneurship.

Promote Women in Emerging Sectors

Encourage women’s participation in STEM, digital economy, and high-growth industries through:

  • Skill India Mission
  • Digital India

India already has around 43% female enrolment in STEM education, providing a strong foundation for future workforce participation.

Conclusion

India’s Nari Shakti reforms represent a transition from welfare-based support to structural empowerment and inclusive nation-building. Financial inclusion, entrepreneurship, clean energy access, and political representation have strengthened women’s agency across sectors. However, achieving true gender equality requires deeper institutional reforms, greater awareness, improved workforce participation, and stronger representation in leadership roles. Sustained focus on outcome-based empowerment will be essential for transforming women into equal partners in India’s developmental journey.

NAMASTE Scheme – Ensuring Dignity and Safety in Sanitation Work

image 42

Why in News

The Union Minister for Social Justice and Empowerment recently highlighted that the NAMASTE Scheme has shown measurable impact in eliminating hazardous manual cleaning practices and improving the safety and dignity of sanitation workers.

About NAMASTE Scheme

The National Action for Mechanised Sanitation Ecosystem (NAMASTE) Scheme is a flagship initiative aimed at transforming the lives of Sewer and Septic Tank Sanitation Workers (SSWs) in India.

It is jointly implemented by the Ministry of Social Justice and Empowerment (MoSJE) and the Ministry of Housing and Urban Affairs (MoHUA). The execution is carried out by the National Safai Karmacharis Finance Development Corporation (NSKFDC).

The scheme is operational for a three-year period (FY 2023–24 to FY 2025–26).

Objectives of the Scheme

The NAMASTE Scheme is designed with a strong human-centric approach:

  • Zero Fatalities: Eliminate deaths during sewer and septic tank cleaning
  • End Manual Scavenging: Remove direct human contact with hazardous waste
  • Mechanisation: Promote the use of machines and modern equipment
  • Skill Development: Train workers in safe sanitation practices
  • Dignity and Inclusion: Improve social status and working conditions

Key Features

  • Profiling of Workers: Identification and database creation of sanitation workers across urban areas
  • Skill Training: Capacity building in mechanised sanitation techniques
  • Provision of PPE Kits: Ensuring safety through protective gear
  • Entrepreneurship Support: Formation of Self-Help Groups (SHGs) and access to financial assistance
  • Emergency Response Sanitation Units (ERSUs): Strengthening rapid response systems

for hazardous situations

Significance of the Scheme

  • Social Justice: Addresses historical marginalisation of sanitation workers
  • Public Health: Reduces exposure to toxic gases and harmful pathogens
  • Urban Governance: Improves efficiency and safety of sanitation systems
  • Legal Backing: Supports the objectives of eliminating manual scavenging in India

The scheme aligns with broader national missions like Swachh Bharat Abhiyan and contributes to achieving SDG 6 (Clean Water and Sanitation).

Challenges

  • Implementation Gaps: Ensuring uniform adoption across all urban local bodies
  • Behavioural Change: Transition from manual to mechanised systems requires mindset shift
  • Funding and Maintenance: Sustaining equipment and infrastructure
  • Worker Rehabilitation: Providing long-term livelihood alternatives

Way Forward

  • Strict Enforcement of Laws prohibiting manual scavenging
  • Increased Budget Allocation for mechanisation and worker welfare
  • Technological Innovation in sanitation equipment
  • Awareness Campaigns to eliminate social stigma
  • Monitoring and Evaluation through real-time data systems

Conclusion

The NAMASTE Scheme represents a crucial step toward ensuring dignity, safety, and empowerment of sanitation workers in India. By focusing on mechanisation, skill development, and social inclusion, it seeks to eliminate one of the most inhumane practices while strengthening urban sanitation systems.

Media Reporting of FIR and Right to Fair Trial

image 41

Context

The Sikkim High Court dismissed a petition seeking restrictions on media reporting of FIR contents and naming of accused persons.

The Court held that reporting based on an FIR does not amount to a violation of privacy, as an FIR is a public document accessible under law.

FIR as a Public Document

Legal Status

  • Under the Bharatiya Sakshya Adhiniyam, 2023, an FIR is treated as a public document open to inspection.

Access to Information

  • Any individual can obtain a copy of an FIR for legal remedies, public awareness, or reporting purposes.

Media Reporting

  • Media organisations are permitted to report FIR contents, including the identity of the accused, when based on official public records.

Right to Fair Trial

Constitutional Protection

  • Article 21 of the Constitution guarantees the right to life and personal liberty, which includes the right to a fair trial.

Limits on Media Reporting

While reporting is permissible, media coverage should:

  • Avoid declaring the accused guilty before trial
  • Prevent media trials and sensationalism
  • Ensure judicial proceedings remain unbiased

Judicial Intervention

Courts may restrict reporting if:

  • It prejudices ongoing investigations or trials
  • Selective leaks are used to influence public opinion
  • Reporting becomes defamatory or violates due process

About FIR

Meaning

  • First Information Report (FIR) is the first official information recorded by police regarding a cognizable offence under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Purpose

  • It initiates criminal investigation and sets the legal process into motion.

Who Can File an FIR

An FIR may be filed by:

  • Victim
  • Witness
  • Any person aware of the offence

Cognizable Offence

  • Applicable only to cognizable offences where police can investigate without prior court approval.

Zero FIR

  • A Zero FIR can be filed at any police station irrespective of territorial jurisdiction and later transferred to the appropriate police station.

Key Issues Involved

Freedom of Press vs Fair Trial

  • Balancing media freedom under Article 19(1)(a) with the accused’s right to fair trial under Article 21 remains crucial.

Risk of Media Trial

  • Excessive or sensational reporting may influence public perception and judicial neutrality.

Privacy Concerns

  • Public disclosure of identities may affect reputation even before conviction.

Way Forward

  • Develop ethical media-reporting guidelines for criminal cases.
  • Ensure responsible journalism without compromising judicial fairness.
  • Strengthen safeguards against selective leaks and misinformation.

LS Passes Jan Vishwas (Amendment of Provisions) Bill, 2026

image 40

Introduction

The Lok Sabha recently passed the Jan Vishwas (Amendment of Provisions) Bill, 2026, aimed at promoting “Ease of Doing Business” and “Ease of Living” by decriminalising minor and technical offences across multiple laws.

The Bill marks one of the largest legal reform exercises in independent India, amending 784 provisions across 79 Central Acts under 23 Ministries. It seeks to reduce unnecessary criminalisation, improve regulatory compliance, and create a more trust-based governance

framework.

The legislation reflects the government’s broader effort to modernise India’s legal and regulatory ecosystem and encourage entrepreneurship, investment, and administrative efficiency.

Background and Rationale

India’s regulatory framework has historically contained numerous criminal penalties for procedural and technical defaults.

Examples include:

  • Filing delays
  • Documentation errors
  • Licensing irregularities
  • Minor compliance lapses

Such criminal provisions often led to:

  • Regulatory burden
  • Fear of prosecution
  • Increased litigation
  • Delays in business operations
  • Harassment of individuals and enterprises

The Jan Vishwas reforms aim to replace excessive criminalisation with civil and administrative penalties.

Key Provisions of the Jan Vishwas Amendment Bill, 2026

  1. Large-Scale  Decriminalisation

The Bill decriminalises 717 provisions involving technical and procedural defaults.

Nature of Offences Covered

  • Minor procedural violations
  • Documentation-related lapses
  • Compliance delays
  • Non-fraudulent administrative defaults

The reform focuses on offences that do not involve:

  • Fraud
  • Public safety threats
  • Serious financial crimes
  • Environmental harm

Significance

  • Reduces burden on criminal justice system
  • Encourages voluntary compliance
  • Reduces fear among businesses and citizens
  • Improves investor confidence
  1. Shift from Criminal Courts to Administrative Adjudication

Instead of criminal courts, designated Adjudicating Officers such as Deputy Commissioners and other officials will decide penalties for covered offences.

Powers of Adjudicating Officers

They may:

  • Conduct inquiries
  • Summon evidence
  • Examine documents
  • Impose penalties

This creates a faster and less adversarial dispute-resolution mechanism.

Benefits

  • Reduces court pendency
  • Faster disposal of cases
  • Lower compliance costs
  • Administrative efficiency
  1. Administrative Empowerment of Ministries

The Bill authorises Central Ministries to appoint designated officers for implementation and enforcement.

This decentralised administrative framework allows ministries to:

  • Handle sector-specific compliance issues
  • Improve monitoring and enforcement
  • Reduce procedural delays

The reform strengthens executive capacity in governance and regulation.

  1. Compounding of Offences

The Bill permits compounding for certain violations.

Meaning of Compounding

An individual or entity can settle specified offences by paying a prescribed amount instead of undergoing criminal prosecution or trial.

Importance

  • Saves time and legal expenses
  • Reduces litigation burden
  • Encourages quick dispute settlement
  • Improves ease of compliance

Compounding is widely used in taxation, corporate, and financial regulations.

  1. Inflation-Based Penalty Revision

To preserve the deterrent value of penalties, fines will automatically increase by:

  • 10% of the prescribed minimum amount every three years

Purpose

  • Prevents penalties from becoming ineffective over time
  • Ensures penalties remain economically relevant
  • Reduces need for repeated legislative amendments This introduces a dynamic and modern penalty structure.
  1. Warning Mechanism for Minor Infractions

The Bill introduces warning notices for:

  • First-time offenders
  • Minor procedural lapses

Before imposing financial penalties, authorities may issue warnings to encourage voluntary correction.

Benefits

  • Promotes trust-based governance
  • Reduces harassment
  • Encourages compliance culture
  • Supports small businesses and startups

Significance of the Bill

  1. Improving Ease of Doing Business

The Bill reduces criminal liability for businesses and entrepreneurs, making India’s regulatory environment more investment-friendly.

This can:

  • Encourage entrepreneurship
  • Improve investor confidence
  • Reduce compliance burden
  • Support MSMEs and startups
  1. Strengthening Ease of Living

Citizens often face legal complications for minor procedural errors.

The Bill simplifies compliance and reduces unnecessary criminal prosecution for ordinary citizens.

  1. Reducing Judicial Burden

India’s courts face massive pendency of cases.

By shifting minor violations to administrative adjudication, the Bill can:

  • Reduce burden on courts
  • Speed up justice delivery
  • Improve judicial efficiency
  1. Promoting Trust-Based Governance

The reform reflects a transition from:

“Punitive governance” to “facilitative governance”

The government aims to build a regulatory ecosystem based on trust, transparency, and voluntary compliance.

  1. Supporting Economic Growth

Simplified regulations and reduced legal uncertainty can enhance:

  • Domestic investment
  • Foreign Direct Investment (FDI)
  • Business expansion
  • Economic competitiveness

Concerns and Challenges

Despite its benefits, certain concerns remain.

  1. Risk of Administrative Overreach

Giving extensive powers to adjudicating officers may lead to:

  • Arbitrary decision-making
  • Lack of accountability
  • Excessive executive discretion
  1. Reduced Judicial Oversight

Replacing courts with administrative mechanisms could weaken procedural safeguards and independent scrutiny.

  1. Need for Capacity Building

Effective implementation requires:

  • Proper training of adjudicating officers
  • Digital systems for transparency
  • Standard operating procedures
  1. Ensuring Fairness and Transparency

Administrative adjudication must ensure:

  • Natural justice
  • Transparency
  • Appeal mechanisms
  • Non-discriminatory enforcement

Way Forward

To ensure successful implementation, the government should:

  • Develop transparent digital adjudication systems
  • Establish clear appellate mechanisms
  • Ensure periodic review of decriminalised provisions
  • Strengthen accountability of adjudicating officers
  • Promote awareness among businesses and citizens

Balanced implementation is essential to prevent misuse while improving compliance.

Conclusion

The Jan Vishwas (Amendment of Provisions) Bill, 2026 represents a major reform in India’s regulatory and governance framework. By decriminalising minor offences, introducing administrative adjudication, and promoting trust-based governance, the Bill seeks to create a more efficient, business-friendly, and citizen-centric legal system.

If implemented effectively, the reforms can significantly improve India’s ease of doing business, reduce judicial burden, and strengthen economic growth while ensuring better governance and regulatory compliance.

High Maternal Mortality in India

image 39

Maternal mortality remains a critical public health and governance challenge in India. Although the country has achieved one of the world’s largest declines in Maternal Mortality Ratio (MMR), progress has slowed in recent years. A study published in The Lancet highlights that India still faces major challenges in achieving the Sustainable Development Goal (SDG) target of reducing MMR below 70 by 2030.

MMR refers to the number of maternal deaths per one lakh live births due to pregnancy-related causes. India contributes nearly 10% of global maternal deaths, underlining the need for sustained policy intervention.

Status of Maternal Mortality in India

India’s MMR has declined significantly from 508 in 1990 to around 116 in 2023, reflecting improvements in maternal healthcare infrastructure, institutional deliveries, and public

health interventions.

According to the Sample Registration System (SRS), MMR reduced from 122 during 2015–17 to 88 during 2021–23. However, differences remain between national and UN estimates, with UN estimates placing India’s MMR at around 80. Such data gaps create challenges in accurate policy assessment and monitoring.

Despite overall progress, interstate disparities remain severe. States such as Kerala and Tamil Nadu have achieved relatively low MMR levels due to better healthcare systems and higher institutional deliveries. In contrast, states like Assam and Uttar Pradesh continue to report high maternal mortality, reflecting inequalities in healthcare access, nutrition, and infrastructure.

Further, the pace of reduction in maternal deaths has slowed, making the SDG target increasingly difficult to achieve within the remaining timeframe.

Causes of High Maternal Mortality

Haemorrhage

Severe bleeding during or after childbirth remains the leading cause of maternal deaths in India. Delayed emergency obstetric care significantly increases fatalities.

Sepsis and Infections

Poor hygiene during delivery and delayed treatment of infections contribute to maternal mortality, especially in rural and underserved regions.

Unsafe Abortions

Limited access to safe abortion services often forces women to undergo unsafe procedures, resulting in serious complications and deaths.

Anaemia and Malnutrition

Iron deficiency, undernutrition, and poor maternal health weaken women during pregnancy, increasing vulnerability to complications during childbirth.

Hypertensive Disorders

Conditions such as pre-eclampsia and eclampsia can cause seizures, organ failure, and maternal death if not diagnosed and treated on time.

Delays in Healthcare Access

The “three delays” model remains a major challenge:

  • Delay in deciding to seek care
  • Delay in reaching healthcare facilities
  • Delay in receiving timely treatment

These delays are often linked to poverty, poor transport infrastructure, and weak healthcare systems.

Government Initiatives

India has launched several schemes to improve maternal healthcare:

  • Janani Suraksha Yojana promotes institutional deliveries through conditional cash transfers.
  • Janani Shishu Suraksha Karyakram provides free delivery, medicines, diagnostics, transport, and food for pregnant women.
  • Pradhan Mantri Surakshit Matritva Abhiyan ensures free antenatal check-ups and early

detection of high-risk pregnancies.

  • Surakshit Matritva Aashwasan guarantees respectful and quality maternal healthcare services.
  • LaQshya Programme focuses on improving labour room and maternity care quality.
  • Pradhan Mantri Matru Vandana Yojana provides maternity benefits to support nutrition and healthcare needs.

Way Forward

Improving maternal health requires strengthening primary healthcare systems, especially antenatal, institutional delivery, and postnatal services in rural and high-burden states.

Special attention must be given to states such as Assam and Uttar Pradesh through better infrastructure, trained medical staff, and continuous monitoring.

Preventing major causes of maternal deaths requires timely management of haemorrhage, hypertension, and infections through emergency obstetric care and skilled birth attendants.

Further, improving maternal nutrition, promoting family planning, and increasing awareness regarding reproductive health can significantly reduce maternal risks and early pregnancies.

Conclusion

Reducing maternal mortality is essential for achieving gender justice, public health, and sustainable development goals. While India has made substantial progress, regional disparities, healthcare gaps, and slowing improvements remain serious concerns. A comprehensive approach focused on quality healthcare, nutrition, awareness, and equitable access is crucial to ensure safe motherhood for every woman in India.

Governors Bound by Cabinet Advice on Prisoner Remission

image 38

The Madras High Court recently clarified the constitutional position of the Governor under Article 161 by ruling that the Governor is bound by the advice of the State Cabinet while deciding prisoner remission pleas. The judgment reinforces the parliamentary nature of India’s constitutional system, where real executive authority lies with the elected Council of Ministers.

Constitutional Position of the Governor

Under Article 161: Governor may grant pardons, reprieves, respites, remissions, or commute sentences under State law\text{Article 161: Governor may grant pardons, reprieves, respites, remissions, or commute sentences under State law}Article 161: Governor may grant pardons, reprieves, respites, remissions, or commute sentences under State law

the Governor possesses the power to grant pardon, remission, reprieve, or commutation for offences against state laws. However, this power is not personal or absolute.

The Court held that:

  • The Governor acts only on the “aid and advice” of the Council of Ministers under Article 163.
  • Independent discretion cannot be exercised in remission matters.
  • The “bias exception” evolved in the 2004 M.P. Special Police Establishment case does not apply to Article 161 powers.
  • The Perarivalan Case had already affirmed that the Governor is merely a constitutional head in executive matters.

Thus, the decision strengthens the principle of cabinet responsibility and democratic accountability.

Constitutional Framework

Key constitutional provisions governing the Governor include:

  • Article 154: Executive power of the State is vested in the Governor but exercised through subordinate officers, i.e., the Council of Ministers.
  • Article 163(1): Governor is generally bound by ministerial advice except in matters requiring discretion.
  • Article 163(2): The Governor’s decision regarding discretionary matters is final.
  • Article 163(3): Courts cannot inquire into ministerial advice.

However, the Nabam Rebia Judgment clarified that discretionary powers are still subject to judicial review if exercised arbitrarily.

When Can the Governor Act Discretionarily?

The Constitution permits limited discretionary powers in situations such as:

  1. Reserving Bills for the President under Article 200.
  2. Recommending President’s Rule under Article 356.
  3. Appointment of a Chief Minister in a hung Assembly.
  4. Dismissing a government that loses majority support.
  5. Special responsibilities in states like Nagaland and Arunachal Pradesh.
  6. Sixth Schedule matters in northeastern states.

Further, the Supreme Court in the State of Punjab v Governor ruled that Governors cannot indefinitely delay assent to Bills and must act “as soon as possible”.

Significance of the Judgment

The ruling is significant because it:

  • Prevents misuse of gubernatorial office for political purposes.
  • Reinforces cooperative federalism.
  • Upholds the supremacy of elected governments in executive decisions.
  • Clarifies constitutional morality and limits on gubernatorial activism.

The judgment ultimately strengthens India’s parliamentary democracy by reaffirming that Governors are constitutional heads, not parallel centres of executive authority.

GeM Strengthens Digital Public Procurement Ecosystem

image 37

Context

The Government e-Marketplace (GeM) has achieved a Gross Merchandise Value (GMV) of

₹18.4 lakh crore, including ₹5 lakh crore procurement in FY 2025–26. The platform has emerged as a major pillar of India’s digital governance and public procurement reforms.

About GeM

Launch and Administration

  • Launched in 2016 by the Ministry of Commerce and Industry.
  • Operated by the GeM Special Purpose Vehicle (SPV).
  • Replaced the earlier Directorate General of Supplies and Disposals (DGS&D) system.

Objective

GeM aims to ensure:

  • Transparency in procurement
  • Competitive pricing
  • Efficient bidding
  • Timely delivery of goods and services

Legal Basis

  • Procurement through GeM is mandated under the amended General Financial Rules (GFRs) for government departments.

Key Highlights

Rising Procurement Volume

  • GeM has crossed ₹18.4 lakh crore GMV.
  • Procurement worth ₹5 lakh crore was recorded in FY 2025–26 alone.

MSME Participation

  • MSMEs account for nearly 68% of total orders.
  • They contribute around 47.1% of total GMV.
  • More than 11 lakh MSMEs are registered on the platform.

Increasing State Participation

  • Procurement by States and Union Territories increased by 38.3%, indicating wider adoption.

Inclusive Growth

  • Participation of women-led enterprises, startups, and SC/ST entrepreneurs has significantly increased.

Technology Integration

GeM uses:

  • Artificial Intelligence (AI)
  • Machine Learning (ML)
  • Data analytics These tools help in:
  • Fraud detection
  • Price monitoring
  • Efficient bidding and vendor assessment

Significance

Promotes Transparent Governance

  • Reduces human discretion and corruption in procurement processes.
  • Enhances accountability and auditability.

Boost to MSMEs and Startups

  • Provides direct market access to small businesses.
  • Encourages formalisation and digital inclusion.

Fiscal Efficiency

  • Competitive bidding lowers procurement costs and improves value for public money.

Strengthening Digital Governance

  • Supports India’s Digital Public Infrastructure (DPI) ecosystem through paperless and cashless procurement.

Challenges

  • Digital literacy gaps among small vendors.
  • Cybersecurity and data privacy concerns.
  • Need for faster dispute resolution and grievance redressal.

Way Forward

  • Expand digital awareness among rural enterprises.
  • Strengthen cybersecurity architecture.
  • Improve logistics integration and vendor support systems.