Polity

Are Existing Mechanisms effective in preventing Custodial Violence?

Context: The gruesome death of a security guard in police custody in Tamil Nadu is yet another grim addition to the long and growing list of custodial deaths in India. 

Existing mechanisms to prevent Custodial Violence in India

1. Constitutional Safeguards:

  • Article 21 guarantees the fundamental right to protection of life and personal liberty.
    • No person shall be deprived of their life except according to the procedure established by law.
    • It provides the right to live with dignity and free from any form of torture or cruel, inhuman, or degrading treatment.
  • Article 22(1): No person who is arrested shall be detained in custody without being informed of the grounds for such arrest.
  • Article 22(2): Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest.
  • Article 20(3): No person accused of an offense shall be compelled to be a witness against themselves. Individuals cannot be forced to provide evidence or testimony that may incriminate themselves. 

2. Statutory Safeguards:

  • Section 41A of CrPC: Provides safeguards such as informing the accused of their rights and providing access to legal aid. It ensures that neither the accused’s rights are deprived nor they are unfairly treated during and after the arrest.
  • Section 176(1)of CrPC: Requires a Judicial Magistrate or Executive Magistrate to launch an investigation when a person passes away while in custody or any other location where the person is receiving institutional or state care.
  • Section 25 of Indian Evidence Act, 1872: A confession made to a police officer is prohibited and cannot be admitted in evidence. The fundamental principle underlying is that a police officer may subject an arrested person to severe torture and force him to confess to the guilt of a crime that he may not have committed. 

3. Judicial Guidelines: 

  • D.K. Basu v. State of West Bengal (1997): The Supreme Court laid down strict guidelines related to custodial violence and deaths. These guidelines are to be followed in all cases of arrest and detention until legal provisions are made for the safeguard of a person in custody.
  • Prakash Singh v. Union of India (2006): The SC mandated the creation of police complaints authorities led by retired judges, at the State and district levels to address complaints against police misconduct. 
  • Paramvir Singh Saini v. Baljit Singh (2020): The SC mandated the installation of CCTV cameras in police stations and lockups, and affirmed victims’ right to access the footage. 
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Associated Challenges: 

  • Lack of Sensitisation:
    • Police personnel often normalise custodial violence as a necessary means to achieve justice, especially when the formal legal process is seen as slow and ineffective. 
    • Public reaction to custodial violence is inconsistent and often shaped by the nature of the case. 
  • Legal Issues:
    • India lacks a stand-alone domestic law criminalising torture.
    • India has signed but not ratified UNCAT (United Nations Convention Against Torture). This reflects a lack of political will to implement international human rights obligations.  
    • Section 27 of the Indian Evidence Act, 1872 permits the use of material recovered (as evidence) as a result of confessions from the accused. This loophole enables the continued use of custodial torture to produce evidence that is admissible in court.
  • Weak Institutional Accountability:
    • Minimal compliance with the SC mandate (2020) to install CCTV cameras in police stations. Acts of torture often occur outside police stations. Even where cameras are installed, the access to the footage is usually denied citing non-functionality of cameras. 
    • Absence of Police Complaints Authorities: Most States have failed to establish these authorities. Even if they exist, their credibility is compromised by the inclusion of serving police officers as members. 
    • Lapses in Magisterial Oversight: Magistrates often fail to fulfil their intended role, which includes scrutinising the grounds for arrest, physically examining the accused for signs of torture, and engaging meaningfully with them to uncover any evidence of mistreatment. 
    • Medico-legal examinations are often reduced to a mere formality. This systemic failure contributes to the abysmally low conviction rates in cases of custodial torture and deaths.
  • Absence of authoritative data on custodial violence. In the absence of accurate data, the accountability mechanisms remain weak.

Law Commission’s 273rd Report (2017) recommends enacting a stand-alone Anti-Torture law in India and ratification of the UN Convention against Torture, amendments to the Code of Criminal Procedure (CrPC) 1973, and the Evidence Act, 1872.

NHRC Guidelines for Police Reforms (2021)

  • Set up Police Complaints Authorities: National Human Rights Commission (NHRC) has asked the Union Ministry of Home Affairs and the State Governments to set up the Authorities at the State/UT and district level, as per the judgment in Prakash Singh vs. Union of India, 2006. The status of compliance should be displayed on the websites of the Ministry and the State Home Departments.
  • Add Section 114 B to Indian Evidence Act, 1872: Implement recommendations of the 113th report of the Law Commission to add Section 114 B to the Indian Evidence Act. This would ensure that in case a person sustains injuries in police custody, it is presumed that the injuries were inflicted by the police and the burden of proof to explain the injury lies on the authority concerned.
  • Make legal framework technology-friendly to speed up the criminal justice system. Install CCTV cameras with night vision in all police stations immediately to ensure accountability. 
  • Community Policing: Involvement of trained social workers and law students with police stations as part of community policing and incorporating community policing in police manuals, laws and advisories. 

Way Forward

  • Set up district-level mental health units with mandatory quarterly counselling, and refresher sensitisation courses for detainees and for officers. This will institutionalise mental wellness within law enforcement. 
  • Reforms in Police training: The curriculum needs a redesign to include human rights sensitisation, trauma-informed investigation methods and community policing models.
  • Implement robust training programmes that not only equip police personnel with modern policing methods, but also sensitise them to their own implicit biases. 
  • Technology as a safeguard: CCTV cameras in areas where people are in custody should be operational, tamper-proof, and subject to real-time audits.
  • Comprehensive Anti-Custodial Violence Law with time-bound investigation mechanisms, mandatory video documentation of interrogations, and civil society involvement in oversight. 

“Every custodial death not just marks the end of one life but also the failure of the state’s moral contract with its people.” 

To break this cycle, India needs to invest not just in policing but also in the emotional, ethical, and structural reform of law enforcement. This is needed so that the institution is viewed not as a symbol of unyielding authority, but of service, restraint, and human responsibility. 

Need to Safeguard the Right to Vote

Context: The Supreme Court of India has directed the Election Commission (EC) to consider Aadhaar cards, voter ID cards (EPIC), and ration cards as acceptable documents for the special intensive revision (SIR) of electoral rolls in Bihar. The move is aimed at improving access and reducing wrongful exclusions.

Relevance of the Topic: Prelims: Universal Adult Suffrage (UAS) in India; Right to Vote. 

Universal Adult Suffrage (UAS) in India

  • Article 326 of the Constitution grants every adult citizen the right to vote, regardless of gender, caste, religion, education, or property. 
  • 61st Constitutional Amendment 1989: Initial threshold of 21 years of age for being eligible to vote was lowered to 18 by the 61st CAA. 
  • Kesavananda Bharati v. State of Kerala (1973) established democracy as part of the ‘basic structure’ doctrine. For this ideal to function meaningfully, people should be able to freely decide the fate of their government (through voting), an unassailable right that shapes governance.
  • Two Key laws operationalised this inclusive vision:
    • Representation of the People Act 1950 which governs the preparation and revision of electoral rolls. 
    • Representation of the People Act 1951 Act which regulates election conduct, candidature, and electoral offences. 
  • Under Article 324 the Election Commission (EC) serves as a constitutional guardian of elections, with powers of superintendence, direction, and control. EC’s key duty is to prepare accurate electoral rolls, guided by Section 19 of the RPA 1950, which mandates that any citizen aged 18 or above, ordinarily resident in a constituency and not disqualified, is entitled to be registered. 

Winston Churchill once said, “At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper…”

His words remain a timeless reminder that the health of any democracy ultimately rests on the sanctity of the ‘right to vote’.

Is Voting a Fundamental Right in India?

  • Constituent Assembly view: Dr. B.R. Ambedkar and K.T. Shah proposed including the right to vote as a fundamental right; the Constituent Assembly’s Advisory Committee ultimately rejected the idea. 
  • Kuldip Nayar v. Union of India (2006): The five-judge bench of the SC held that the ‘right to elect’ is a statutory right under Section 62 of the RPA 1951, and not a fundamental or constitutional right.
  • Rajbala v. State of Haryana (2016): The two-judge bench of SC described the ‘right to vote’ as a constitutional right, though not a fundamental right. However, the ruling of the larger-bench in the Kuldip Nayar judgment prevails. 
  • Anoop Baranwal v. Union of India (2023): The SC declined to pronounce on the issue, noting that it had already been settled by the Kuldip Nayar judgment.
    • In the minority view (dissent opinion), the Justice asserted that the ‘right to vote’ is an expression of Article 19(1)(a) and reflects the essence of Article 21. 
    • However, the ‘right to elect’ continues to be recognised as a statutory right

Nevertheless, the courts have regarded the right to vote as an inseparable part of democracy, as it enables citizens to shape governance, making it a democratic imperative vital to the Indian republic’s survival. 

John Dewey said, “Democracy is not just a form of government, but a social and personal ideal.”

Why does Electoral Roll Accuracy Matter?

  • Under Section 21 of the RPA, 1950, the EC is empowered to prepare and revise electoral rolls to ensure their accuracy and integrity.
  • Inaccuracies in Electoral Roll like mass omissions, ineligible inclusions, duplicates, or incorrect entries undermine the “one person, one vote” principle by enabling impersonation, disenfranchisement, or dilution of votes, which ultimately distorts the people’s mandate. 
  • The Bihar SIR controversy and broader electoral reform debates highlights the core democratic truth:
    • India’s democracy depends on electoral rolls that are accurate, inclusive, and accessible. 
    • Purification of rolls is necessary because just as the exclusion of an eligible voter undermines democracy, so does the inclusion of an ineligible name.

Thus, EC must complete the exercise with a careful balance between genuine vigilance and inclusion to uphold the fairness of the process. The SC’s suggestion to include more accepted documents helps safeguard every genuine elector’s right to be represented.

Need for Climate-Smart Fabrics  in Heat Action Plans 

Context: India needs climate-smart fabrics to cope with intensifying heatwaves, as traditional clothing offers limited protection against extreme heat and humidity.

Relevance of the Topic: Prelims: Key facts about Climate Smart Fabrics.

What are Climate Smart Fabrics?

  • Climate Smart Fabrics, also known as Smart textiles, are textiles designed to adapt to environment conditions.
  • These fabrics integrate technologies like- sensors, microchips, and conductive fibres which enables them to monitor, react to, and even change their properties in response to stimuli like temperature, moisture etc. 
  • Examples:  
    • New Phase Change Materials (PCMs) integrated into fabrics can absorb excess heat and release it when things cool down. 
    • Scientists at Stanford University developed a textile that is transparent to infrared wavelengths and radiates heat away from the body. 

Key Features: 

  • Thermal Regulation: Absorb and release heat to maintain optimal body temperature.
  • Moisture-Wicking: Pull sweat away from the skin and enable faster evaporation. 
  • UV Protection: Shield against harmful ultraviolet rays.

Smart Fabrics use Important Technologies to function

  • Nanotechnology: Developments in nanotechnology allow fabrics to be treated or engineered at a molecular level to give them unique properties like water resistance or enhanced durability. E.g., Graphene Modified Protective Clothing. 
  • Miniaturised Electronics enable the embedding of sensors and circuits directly into textiles without affecting their flexibility or comfort.
  • Wireless Technologies like Bluetooth and NFC (Near Field Communication) facilitate the communication of smart textiles with smartphones and other devices, enabling real-time data tracking and interaction.
  • Thin and flexible batteries or solar cells: Improvements in energy harvesting and storage technologies are crucial to power these smart textiles.
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Why India Needs Climate-Smart Fabrics?

  • India is experiencing record-breaking heatwaves. For instance, Delhi's heat index touched 54°C, Ooty witnessed its warmest day in 73 years and Kashmir had its hottest June in five decades.
  • As heatwaves intensify and humidity levels rise across India, especially in the Indo-Gangetic plain, traditional cotton clothing is proving inadequate.
    • In high humidity, cotton dries slowly, sticks to the body, traps heat, and raises the risk of skin infections.
    • Natural fibres like cotton offer little protection against harmful UV rays, increasing the risk of skin-related illnesses, including cancer.
  • Over 50% of India’s workforce is engaged in outdoor occupations such as farming, construction, and street vending, making them highly vulnerable to extreme heat exposure.
  • Vulnerable groups often lack access to appropriate protective clothing. For instance, in Varanasi, Blinkit delivery partners recently went on strike, demanding cotton uniforms to cope with the summer heat.
  • An analysis from Down to Earth estimates that a single five-day heat wave leads to 30,000 excess deaths in summer.

Despite growing threats, India's Heat Wave Action Plan lacks longterm, science-backed interventions such as climate-smart clothing. 

It relies only on a combination of early warning systems, public awareness campaigns, emergency medical response, and structural interventions like cool roofs and shaded public spaces.

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Way Forward

  • Integrate smart fabrics into Heat Action Plans.
  • India’s new Research, Development and Innovation (RDI) Scheme (₹1 lakh crore outlay) should prioritise affordable wearable technologies and mass production of climate-adaptive fabrics.

Revisit Digital Search Powers under I-T Bill 2025

Context: The Income-Tax Bill 2025 has a provision to allow tax authorities to access an individual’s “virtual digital space” during search and seizure operations. While the rationale is to keep pace with the digitalisation of financial activity, the provision has raised serious questions about privacy, transparency, and the scope of state surveillance. 

 Key Features of the Proposed Provision

  • The Income-Tax Bill, 2025 proposes that tax authorities can access an individual’s “virtual digital space” during search and seizure operations.
  • This includes access to emails, cloud storage, social media accounts, digital platforms, apps, and any other “space of similar nature”.
  • Tax authorities will be allowed to override access codes (E.g., passwords, encryption) to access digital devices and platforms.
  • It extends powers under Section 132 of the Income Tax Act, 1961 (currently limited to physical spaces) to the digital realm.

Issues with the proposed Income Tax provision:  

  • Lack of Clarity and Overbreadth:
    • The term "virtual digital space" is vaguely defined and open-ended. May include sensitive, non-financial and unrelated personal data (photos, chats, cloud files, etc.).
    • The phrase "any other space of similar nature" makes the scope very vague and limitless, and can lead to misuse or arbitrary targeting of individuals.
  • Privacy Concerns: Risks violating individual privacy without proper safeguards. Digital data includes intimate personal information of not just the individual but also their contacts, colleagues, or sources (in case of journalists, lawyers, etc.).
  • Absence of Procedural Safeguards: No requirement for prior judicial approval or warrants. "Reason to believe" behind the action is not disclosed to the person being searched.
  • Violation of Proportionality Principle: 
    • It contradicts the proportionality test upheld by the Supreme Court in Justice K.S. Puttaswamy (Retd.) vs Union Of India. 
    • The Court has held that any restriction to an individual’s privacy must meet a four-fold test, of which proportionality was key, requiring state action to pursue a legitimate aim, satisfy necessity and adopt the least intrusive means available.
    • The move does not distinguish between what is relevant and what is intrusive.

Best Global Practices

Canada: The Charter of Rights and Freedoms guarantees : 

  • Right to be secure against “unreasonable search or seizure”. 
  • Sets a three-part default standard : prior authorisation, approval by a neutral and impartial judicial authority, and reasonable and probable grounds. 

United States: 

  • The Taxpayer Bill of Rights ensures that enforcement actions are legally compliant, respect due process, and are not more intrusive than necessary.
  • The U.S. Supreme Court in Riley v. California ruled that a warrant is required to access digital data due to its deeply personal nature.

Way Forward

  • The provisions must be made fair and balanced by following the principles of proportionality, legality, and transparency.
  • Clearly define the term ‘virtual digital space’ to avoid ambiguity.
  • Mandate prior judicial warrants and disclosure of reasons for such access to digital content.
  • Establish mechanisms of redress for aggrieved individuals.
  • India can take inspiration from global best practices by ensuring judicial oversight, clear legal standards, and reasonable grounds for digital searches- similar to safeguards in countries like the U.S. and Canada to balance enforcement with the right to privacy.  

Why are Bihar’s Electoral Rolls being revised?

Context: The Election Commission of India (EC) has initiated a Special Intensive Revision (SIR) of the electoral rolls in Bihar ahead of the upcoming Legislative Assembly elections.

Relevance of the Topic: Prelims: About Special Intensive Revision of Electoral Rolls. Mains: Pros and Cons of Special Intensive Revision of Electoral Rolls.

What is an Electoral Roll?

  • Electoral roll (also known as a voter list) is an official list of all eligible voters in a particular constituency who are entitled to vote in elections.
  • Article 324 of the Constitution provides that the superintendence, direction and control of the preparation of electoral rolls for the conduct of elections to Parliament and State legislature shall vest with the EC.
  • Article 326 provides that every citizen who is not less than 18 years of age shall be entitled to be registered as a voter (elector). 
  • The electoral rolls are prepared by the EC as per the provisions of the Representation of the People Act, 1950 (RP Act).

As per the Representation of the People Act, 1950:

  • Section 16 disqualifies non-citizens from being enrolled.
  • Section 19 mandates that a person must be 18 years old and an ordinary resident in the constituency.
  • Section 20 defines "ordinary resident" and clarifies that mere ownership of a house does not count, but temporary absence does not negate residency.

What is Special Revision of Electoral Rolls?

  • Exercise conducted by the Election Commission of India (ECI) to verify, correct, and update the list of eligible voters outside the regular annual revision cycle.
  • Section 21 of the Representation of the People (RP) Act empowers the Election Commission (EC) to undertake a special revision of electoral rolls at any time, citing reasons in writing.

Why has an SIR been initiated?

  • The EC observed large-scale additions and deletions in electoral rolls over the past two decades, primarily due to rapid urbanisation and migration, raising the risk of duplicate and inaccurate entries.
  • ECI is constitutionally obligated to ensure that only eligible citizens are enrolled in the electoral rolls. Accordingly, the EC has decided to carry out an SIR for the entire country, starting with Bihar. The last such SIR was carried out for Bihar in 2003.
  • The qualifying date is 1 July, 2025. Any citizen who is 18 years or older as of July 1, 2025, and meets all other eligibility criteria, is entitled to be included in the updated electoral roll. 
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Pros of the Special Intensive Revision (SIR): 

  • Help to eliminate duplicate entries, ineligible voters, and ensure only citizens who are ordinarily resident are included. The process adheres to provisions in the RP Act and Registration of Electors Rules (RER), ensuring only genuine residents are registered in a constituency. 
  • Aadhaar is rightly excluded as a document of registration as it is not a proof of citizenship or date of birth, aligning with constitutional and legal standards.
  • Reliance on official documents like caste certificates, family registers, and land records is seen as a more legally sound approach to validate identity and citizenship.

Challenges associated with Special Intensive Revision (SIR) : 

  • Requirement for all 8 crore voters in Bihar to submit enumeration forms is a humongous task. Nearly 3 crore voters will need to submit documents proving date and place of birth for themselves and their parents, which may be difficult for many.
  • Despite large manpower deployment, the scale of the exercise may still lead to errors in inclusion/exclusion of voters. Migrant labourers and students may be unable to complete documentation within deadlines, risking exclusion from the rolls.
  • Under the Registration of Electors Rules, 1960 (RER), Aadhaar is mandatory for new voter registration unless it is unavailable. It is accepted as proof of both date of birth and place of residence. The Election Commission’s requirement of additional documents through a separate declaration form to establish date and place of birth deviates from this standard practice. For many poor and marginalised citizens, Aadhaar is their only form of identification. Excluding it as a valid document could lead to their disenfranchisement.
  • In January 2023, the EC had proposed a remote voting system for migrants, suggesting a shift toward greater inclusion- the current SIR seems to pull in the opposite direction.

Way Forward

  • The EC should ensure that adequate safeguards are put in place for the completion of the exercise without errors. 
  • The Booth Level Agents (BLAs) should actively participate to prevent errors of omission or addition.
  • Based on ground realities observed during the first phase, the EC should relax or modify documentation norms during the claims and objections phase, ensuring no eligible citizen is excluded.
  • Ensure that no eligible citizen is excluded due to their inability to produce any document from the list of valid documents. 
  • Do not remove long-term migrant workers from their home constituency rolls if they wish to vote there and continue to have familial or property links.
  • As per the 2010 RP Act amendment, NRIs can vote from their Indian constituency of origin; a similar flexible approach should be considered for internal migrants.
  • Address the issue of duplicate voter IDs for the same person in different constituencies through Aadhaar seeding.
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Delhi Fuel Ban for Old Vehicles 

Context: To curb vehicular emissions, Delhi government began denying fuel to overage petrol and diesel vehicles from July 1, 2025, as directed by the Commission for Air Quality Management (CAQM). However, faced with public outrage, the Delhi government has put on hold the order denying fuel to 'end of life' cars.

What is Delhi’s ‘fuel ban’ for old vehicles?

  • From July 1, 2025, diesel vehicles older than 10 years and petrol vehicles older than 15 years are prohibited from refueling at Delhi fuel stations.
  • In April, the Commission for Air Quality and Management (CAQM) directed a phased denial of fuel to end-of- life vehicles (ELVs) at fuel stations in the Delhi from July 1, in high-density NCR districts from November 1, and in the rest of the NCR from April 1, 2026.
  • Delhi has installed Automatic Number Plate Recognition (ANPR) cameras at 498 fuel stations and three inter-state bus terminuses (ISBTs) to scan vehicle number plates and check them against the VAHAN database, India’s national vehicle registry, in real time.

Reasons behind Delhi fuel ban for older vehicles: 

  • Older vehicles emit more air pollutants. E.g., BS-IV vehicles emit 4.5 to 5.5 times more particulate matter than BS-VI vehicles. 
  • Transport emissions account for 28% of PM2.5, 41% of sulphur dioxide (SO2), and 78% of nitrogen oxide (NOx) emissions in the NCR.
  • Although legal mandates have existed since 2015, enforcement was delayed due to the absence of necessary technological infrastructure.
  • The liquidation of such (overage) vehicles can only be done by adopting strict steps like denying fuel. 

What is the legal mandate for the CAQM’s fuel ban?

  • GT Order (2015): Banned diesel vehicles older than 10 years (heavy or light) from operating in Delhi NCR. Prohibited registration of Petrol vehicles which are more than 15 years old and diesel vehicles that are more than 10 years old in Delhi NCR.
  • Supreme Court Ruling (2018): The NGT’s directive was upheld and reinforced by the Supreme Court in 2018. It said that vehicles violating the order should be impounded.
  • Delhi Government Guidelines (2024): Issued under the Motor Vehicles Act and Registered Vehicle Scrapping Facilities (RVSF) Rules. Set procedures for identifying and scrapping End-of-Life Vehicles (ELVs).
  • Environment Protection (End-of-Life Vehicles) Rules, 2025: Came into force on April 1, 2025. Mandates scrapping within 180 days of expiry of a vehicle’s registration.
  • Motor Vehicles Act, 1988: States that for non-transport vehicles, registration is valid for 15 years, and renewable thereafter.
  • Central Motor Vehicles Rules, 1999: After the expiry of the registration certificate, the vehicle shall not be deemed validly registered.

Can measures such as these resolve Delhi’s bad air problem?

  • As per no single measure (like banning old vehicles) can comprehensively solve Delhi’s air pollution crisis.
  • As per the Centre for Science and Environment (CSE) age-based bans are not scalable across India. Even newer vehicles can be gross polluters due to poor maintenance or technical faults.
  • A coordinated planning and action on multiple fronts, involving a wide range of stakeholders, is required. 

Recommendations by Centre for Science and Environment (CSE): 

  • Improve fuel quality and vehicle emission standards (E.g., BS-VI and beyond).
  • Enforce a stringent Pollution-under-Control (PUC) regime.
  • Invest in the massive expansion of public transport infrastructure to reduce private vehicle dependency.

Can the Supreme Court halt an Act passed by a State?

Context: The Supreme Court held that Chhattisgarh’s law on auxiliary forces did not violate its 2011 order banning Special Police Officers (SPOs), clarifying that valid legislation cannot be treated as contempt of Court.

In the Nandini Sundar and Others vs State of Chhattisgarh case, the Supreme Court dismissed a contempt petition against the State of Chhattisgarh for enacting the Chhattisgarh Auxiliary Armed Police Forces Act, 2011. 

The petitioners alleged that the State violated the Supreme Court’s 2011 order that prohibited the use of Special Police Officers (SPOs) in anti-Maoist operations. 

Background: The 2011 Supreme Court Order

The Supreme Court in July 2011 issued an order stating that : 

  • The State of Chhattisgarh shall cease and desist from using Special Police Officers (SPOs) in any activities, directly or indirectly, aimed at controlling, countering, mitigating or otherwise eliminating Maoist activities. 
  • The State was directed to prevent the operation of groups like Salwa Judum and Koya Commandos.
  • The Court also directed the Union of India to cease and desist from using any of its funds in supporting, directly or indirectly, the recruitment of SPOs for the purposes of engaging in any form of counter-insurgency activities against Maoists.
  • The Court concluded that the appointment of inadequately paid and ill-trained SPOs engaged in checking Maoism was violative of Article 14 and Article 21 of the Constitution

Consequent to the Supreme Court order of July 2011, the State of Chhattisgarh enacted the Chhattisgarh Auxiliary Armed Police Forces Act, 2011

Key Provisions of Chhattisgarh Auxiliary Armed Police Forces Act 2011

  • Section 4(1) of the Act provides that an auxiliary force shall be constituted ‘to aid and assist the security forces’ in the maintenance of public order and preventing, controlling and combatting Maoist/Naxal violence and insurgency, etc. 
  • The members of the auxiliary force shall not be deployed in the front-line positions of an operation and shall always work under supervision of the security forces.
  • The provision of compulsory training for a period not less than six months, is also prescribed under the Act.
  • Only those SPOs, who would be eligible as per these prescribed yardsticks, were to be inducted into the auxiliary force (by screening committee).

A petition was filed claiming that the enactment was not in consonance with the Court’s order and therefore amounted to contempt of Court.

The Supreme Court rejected the Contempt petition stating that: 

  • The state of Chhattisgarh had complied with all directives from the 2011 ruling.
  • Every State legislature has plenary powers to pass an enactment so long as the said enactment was not declared to be ultra vires of the Constitution. 
  • Any law made by Parliament or a State Legislature cannot be held as an act of contempt. 
  • The Court clarified that a legislature has the power to pass a law, to remove the basis of a judgment or validate a law which has been struck down by a Constitutional Court. This is the core of the doctrine of separation of powers and must always be acknowledged in a constitutional democracy.
  • The judiciary cannot invalidate legislation on contempt grounds unless the law is proven to be beyond legislative competence, or violative of the Constitution.

In Indian Aluminium Co. versus State of Kerala (1996), the Supreme Court observed that Courts must maintain the delicate balance devised by the Constitution between the three sovereign functionaries (Legislature, Executive, Judiciary).  

Employment-Linked Incentive (ELI) Scheme

Context: The Union Cabinet has approved the Employment Linked Incentive (ELI) Scheme, a flagship initiative under the Union Budget 2024-25, aimed at addressing the challenges of unemployment and jobless growth.

Employment-Linked Incentive (ELI) Scheme

  • With an outlay of ₹99,446 crore, ELI Scheme aims to incentivise the creation of more than 3.5 crore jobs over two years. 
  • ELI Scheme is a part of the Prime Minister’s package of five schemes to facilitate employment, skilling, and other opportunities for 4.1 crore youth. 
  • Objectives: 
    • Create additional employment in the formal sector and sustain it.
    • Promote employability and formalisation of the workforce.
    • Complement National Manufacturing mission.
    • Enhance social security of the workforce. 

Key Highlights of the Scheme:  

Benefits for first-time workers

  • ELI scheme will benefit individuals entering the workforce for the first time and registered with the Employees’ Provident Fund Organisation (EPFO). 
  • Eligible employees, those earning up to ₹1 lakh/month, will receive an EPF-based wage incentive of up to INR 15,000 disbursed in two stages. 
  • The first half will be paid after six months of continuous service, while the second half will be released upon completing one year of service and a financial literacy program.

Incentives for employers generating jobs: 

  • Companies registered with EPFO that hire additional staff earning up to ₹100,000 per month will receive a monthly incentive of up to 3,000 per employee for a period of two years. 
  • For manufacturing units, this support will continue through the third and fourth years as well.
  • Eligibility criteria include the hiring of at least two new employees by establishments with fewer than 50 employees, and a minimum of five new hires for those with 50 or more employees. 
  • All new hires must remain continuously employed for at least six months to qualify.
  • Coverage Period: Valid for jobs created between August 1, 2025, and July 31, 2027.

Significance of the Scheme: 

  • Addresses the challenge of jobless growth by directly linking fiscal incentives to net employment generation.
  • Encourages a shift from informal to formal employment, thereby enhancing social security coverage, tax base, and compliance with labour laws.
  • Targets first-time entrants, helping reduce structural unemployment and leveraging demographic dividend in the economy.
  • Encourage employers to create sustained new employment, particularly in the manufacturing sector. 
  • Boosts aggregate demand via higher household income and consumption.
  • Supports labour-intensive manufacturing, enhancing employment elasticity.
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Cabinet approves National Sports Policy 2025 

Context: The Cabinet has approved the National Sports Policy (NSP) 2025, which focuses on developing India as a strong contender for excellence in international sporting events, including the 2036 Olympic Games.

Relevance of the Topic: Prelims: Key facts about National Sports Policy (NSP) 2025. 

Sports Sector in India- Govt. Initiatives and Policies

Sports is a ‘State’ subject in the Indian Constitution. 

  • 1951: India hosted the first Asian Games in New Delhi. 
  • 1954: Government set up the All-India Council of Sports to advise on sports matters, support federations, and fund elite athletes.
  • 1984: India unveiled its first National Sports Policy. The NSP aimed to improve infrastructure, promote mass participation, and raise standards in elite sports. It also stressed the importance of integrating sports with education, which was formalised in the 1986 National Education Policy. 
  • 2000: India created a dedicated Ministry of Youth Affairs and Sports
  • 2001: A revised National Sports Policy was launched in 2001, setting clearer goals for mass participation and international excellence.
  • 2011: National Sports Development Code was introduced, aiming to regulate and professionalise National Sports Federations. It addressed governance, anti-doping, age fraud, betting, gender issues etc. but implementation remained the hurdle.
  • 2014: Target Olympic Podium Scheme (TOPS) provided elite athletes with coaching, nutrition, and infrastructure support.
  • 2017: Khelo India conducted youth talent identification across schools and universities
  • 2019: Fit India Movement promoted physical activity and fitness as a public health priority.
  • 2025: NSP 2025 was announced as Khelo Bharat Niti - 2025.

National Sports Policy (NSP) 2025:

  • The new policy will replace the existing framework of National Sports Policy, 2001, with an objective to make India among the top five sporting nations by 2047. 

The policy is anchored on Five Key Pillars

1. Excellence on Global Stage: 

  • Strengthen sports programs from the grassroots to elite levels, including early identification and nurturing of talent.
  • Promote establishment of competitive leagues, and develop sports infrastructure in rural and urban areas.
  • Build world-class systems for training, coaching, and holistic athlete support.
  • Enhance the capacity and governance of National Sports Federations.
  • Encourage the adoption of sports science, sports science, medicine, and technology to boost athletic performance.
  • Train and develop sports personnel, including coaches, technical officials, and support staff.

2. Sports for Economic Development:

NSP 2025 recognises the economic potential of sports and seeks to:

  • Promote sports tourism and attract major international events to India.
  • Strengthen sports manufacturing ecosystem, and promote startups and entrepreneurship in the sector.
  • Encourage private-sector participation through Public-Private Partnerships (PPPs), Corporate Social Responsibility (CSR) and innovative funding initiatives.

3. Sports for Social Development:

The policy emphasises the role of sports in driving social inclusion by:

  • Promoting participation among women, economically-weaker sections, tribal communities, and persons with disabilities through focused programs.
  • Revitalising and promoting indigenous and traditional games.
  • Positioning sports as a viable career option by integrating it into education, encouraging volunteering, and facilitating dual-career pathways.
  • Engaging Indian diaspora through sports.

4. Sports as People’s Movement: 

To make sports a national movement, the policy aims to:

  • Drive mass-participation and a culture of fitness through nationwide campaigns and community-based events.
  • Launch fitness indices for schools, colleges, and workplaces etc.
  • Enhance universal access to sports facilities.

5. Integration with Education (NEP 2020): 

In alignment with the National Education Policy 2020, the NSP 2025 proposes to:

  • Integrate sports into school curricula.
  • Equip educators and physical education teachers with specialised training to promote sports education and awareness.

Strategic Framework of National Sports Policy (NSP) 2025:

NSP 2025 lays down a comprehensive implementation strategy encompassing:

  • Governance: Establish a robust regulatory framework for sports governance, including legal framework.
  • Private Sector Funding & support: Develop innovative financing mechanisms and engage private sector participation through PPPs and CSR.
  • Technology & Innovation: Leverage emerging technologies, including AI and data analytics, for performance tracking, research, and program implementation.
  • National Monitoring Framework: Create a national framework with well-defined benchmarks, Key Performance Indicators (KPIs), and time-bound targets.
  • Model Policy for States: NSP 2025 will serve as a model for States and Union Territories, encouraging them to revise or formulate their own policies.

NSP 2025 vision document aims not just to raise India's global sporting profile but also to create a healthier, fitter, and socially inclusive society. India also needs to codify measures like the Draft National Code for Good Governance in Sports, 2017 to enforce reforms for the larger good of sport. 

Why is the ECI de-listing Political Parties?

Context: The Election Commission of India (ECI) has initiated the process to de-list Registered Unrecognised Political Parties (RUPPs).

De-listing Political Parties

  • ECI has initiated steps to de-list 345 Registered Unrecognised Political Parties (RUPPs) that have not contested elections in the last six years and whose offices could not be physically located. 
  • These parties, often termed as ‘letter pad parties’, exist only on paper and are typically inactive in electoral participation.
  • In addition, political parties that have not updated their list of office bearers since 2014 have been declared ‘inactive’.
  • The ECI has directed the Chief Electoral Officer of various States and Union Territories to issue show-cause notices to these RUPPs before deciding on de-listing them. 
  • These parties are denied the benefit of: 
    • Putting up candidates with a common symbol in an election. 
    • Tax exemptions under Income Tax Act and RP Act. 

What are registered parties?

  • Political parties are an association or body of individuals that can be formed by citizens. The right to form an association is a fundamental right guaranteed under Article 19(1)(c) of the Constitution to all citizens.
  • Section 29A of the Representation of the People Act, 1951 (RP Act) lays down the requirements for registration of a political party with the ECI. 
  • Any political party that seeks registration should submit a copy of its memorandum/constitution within 30 days of its formation stating:
    • Faith and allegiance to the Constitution of India. 
    • Allegiance to the principles of socialism, secularism and democracy, and uphold the sovereignty, unity and integrity of India.
  • The ECI examines a political party’s constitution to ensure it includes provisions for internal democracy, such as regular elections for office bearers.
  • Once registered, if it is not recognised as a state or national party, it is termed a  Registered Unrecognised Political Party (RUPP).

Benefits Enjoyed by RUPPs: 

The RUPPs enjoy the following benefits:  

  • Tax exemption for donations received under Section 13A of the Income Tax Act, 1961.
  • A common symbol for contesting general elections to the Lok Sabha/State Assemblies.
  • 20 ‘star campaigners’ during election campaigns. 

However there exists few conditions:

  • RUPPs are required to maintain the details of individual donors who have donated above ₹20,000 in a financial year and submit these details to the ECI every year. 
  • As per Section 29C of the RP Act, failure to furnish these details will result in losing income tax exemption. 
  • The RUPPs under the Income Tax Act, 1961, are further required to accept donations in excess of ₹2000 only through cheque or bank transfers. 

What is the issue ?

  • The RP Act does not confer explicit powers on the ECI to de-register any political party if it fails to contest elections, conduct inner-party elections or lodge requisite returns. 
  • The Supreme Court in Indian National Congress versus Institute of Social Welfare & Ors (2002) had held that the ECI does not have the power to de-register any political party under the RP Act. It may de-register only under exceptional circumstances such as:
    • the registration being obtained by fraud or
    • the political party ceasing to have allegiance to the Indian Constitution or
    • if it is declared unlawful by the Government.

What can be done ?

  • The Law Commission in its 255th report (2015) had recommended amendments for de-registration of a political party if it fails to contest elections for 10 consecutive years. 
  • The ECI in its memorandum for electoral reforms (2016) had also suggested an amendment to the RP Act that would empower it to de-register a party. 
  • Another serious issue plaguing almost all political parties is the lack of inner-party democracy. As suggested by the Law Commission in its 170th and 255th report, the RP Act can be suitably amended to contain specific provisions for ensuring internal democracy in political parties.

Apart from the exercise of delisting RUPPs, these recommendations can also be implemented.

What makes the Indian Constitution Secular?

Context: Recently, the Vice President of India called the Emergency-era addition of expressions “socialist” and “secular” to the Constitution’s Preamble a “sacrilege to the spirit of Sanatan”.

Secularism in Indian Constitution

The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. The Constitution of India does not uphold any particular religion as the official religion of the Indian State. 

The following provisions of the Constitution reveal the secular character of the Indian State:

  • Preamble secures to all citizens of India liberty of belief, faith and worship. 
  • Article 14: The State shall not deny to any person equality before the law or equal protection of the laws. 
  • Article 15: The State shall not discriminate against any citizen on the ground of religion 
  • Article 16: Equality of opportunity for all citizens in matters of public employment. 
  • Article 25: All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion.
  • Article 26: Every religious denomination or any of its sections shall have the right to manage its religious affairs. 
  • Article 27: No person shall be compelled to pay any taxes for the promotion of a particular religion. 
  • Article 28: No religious instruction shall be provided in any educational institution maintained by the State. 
  • Article 29: Any section of the citizens shall have the right to conserve its distinct language, script or culture. 
  • Article 30: All minorities shall have the right to establish and administer educational institutions of their choice. 
  • Article 44: The State shall endeavour to secure for all the citizens a Uniform Civil Code. 

Western Concept vs Indian Concept of Secularism: 

  • Western concept of secularism connotes a complete separation between the religion (the church) and the state (the politics). This negative concept of secularism is inapplicable in the Indian situation where the society is multireligious. 
  • Indian Constitution embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally. The Constitution has also abolished the old system of communal representation, i.e., reservation of seats in the legislatures on the basis of religion. However, it provides for the temporary reservation of seats for the scheduled castes and scheduled tribes to ensure adequate representation to them.

Court Cases related to Secularism: 

  • Kesavananda Bharati v. State of Kerala, 1973: Supreme Court declared secularism as part of the Constitution's basic structure, making it immune to parliamentary amendments. 
  • S.R Bommai v. Union of India, 1994: Supreme Court clarified that secularism does not imply atheism but rather ensures equal status for all religions. 
  • Ahmedabad St. Xavier’s College v. State of Gujarat: Supreme Court emphasised that secularism neither promotes nor opposes religion but prevents discrimination based on religion. 
  • Indian Young Lawyers Association v. State of Kerala: Supreme Court highlighted that established religious practices can be challenged based on constitutional principles of equality.
  • 2024: A two-judge Bench led by then Chief Justice of India Sanjiv Khanna dismissed writ petitions challenging the addition of “secularism” and “socialism” in the Constitution.

Challenges before Indian Secularism:

  • Communalism divides the people of society on religious grounds and they turn into antagonists toward other religious communities. Communal riots are the worst form of manifestation of communalism.
  • Casteism: The policies in India, especially at the state level, cannot be understood without the study of the caste in that particular state. There are some political parties that are organised to represent castes. Caste consciousness has become the very core of Indian politics and it has become the greatest roadblock to the furtherance of secularism. 
  • Politicisation of religion: Some political parties in India are organised on communal lines. These parties represent the interests of a particular region or a particular group. They play communal politics for achieving and safeguarding their political interests. It has been remarked that the known secular parties are not very secular in terms of composition and working.
  • Majoritarianism: It is the idea that the numerical majority of a population (in terms of religion, race, caste, language, culture etc.) should have the final say in determining the outcome of a decision. E.g., demand for making Hindi a national language even against the will of south Indians, selective implementation of laws.
  • Obscurantism: Indian people in general whether Hindus, Muslims, Sikhs etc. are traditional in their outlook, and see many of the things in their traditions and customs. Thus, obscurantism is a great hurdle in the way of secularism in Indian society. 

42nd Constitutional Amendment Act of 1976:

The most comprehensive amendment made so far to the Constitution; it is known as 'Mini Constitution.’ It gave effect to the recommendations of the Swaran Singh Committee.

  • Added three new words- Socialist, Secular and Integrity in the Preamble. 
  • Added Fundamental Duties by the citizens (new Part IV-A, Article 51A).
  • Added three new Directive Principles viz., Equal justice and free-legal aid (39A), Participation of workers in the management of industries (43A); and Protection of environment , forests and wildlife (48A). 
  • Provided for creation of tribunals like CAT (Central Administrative Tribunal) under Article 323A. 
  • Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts.

Secularism is a normative doctrine that seeks to realise a secular society, i.e., one devoid of either religious or intra-religious domination. It promotes freedom and equality between, as well as within, religions. Thus, Secularism as a theme permeates throughout the Indian Constitution, apart from the Preamble. 

Also Read: Indian Secularism and France Secularism 

India’s First Household Income Survey in 2026: MoSPI

Context: The Ministry of Statistics and Programme Implementation (MoSPI) has announced that it will conduct India’s first-ever dedicated Household Income Survey in 2026.

Relevance of the Topic: Prelims : About India’s first-ever dedicated Household Income Survey in 2026.

India has never conducted a national-level household income survey. Past attempts like the Consumer Expenditure Surveys (1950s) and the Integrated Household Survey (1960s) failed to produce reliable income data, as income estimates were found to be lower than combined consumption and savings.

Objectives of Household Income Survey

  • To measure household incomes to understand the income distribution.
  • To understand the structural economic changes that occurred in the Indian economy over the past 75 years. 
  • To assess the impact of adoption of technology on wages.

Members:  

  • To guide the survey’s methodology, MoSPI has set up a Technical Expert Group (TEG) led by Dr. Surjit Bhalla, former IMF Executive Director and part time member of PM Economic Advisory Council. 
  • The Expert Group will guide key aspects such as definitions, survey methodology, sampling design, estimation techniques, and also ensure global best practices are followed.

Household Income Survey is an important initiative to generate vital information for deriving income distribution and welfare thereof. However, the challenges exist such as underreportion of incomes by the households, difficulty in accurately estimating incomes of households with seasonal employment etc. 

Other Key Surveys & Indexes by MoSPI: 

  • Index of Industrial Production (IIP)
  • Consumer Price Index (CPI)
  • Periodic Labour Force Survey (PLFS)
  • Household Consumer Expenditure Surveys (HCES)
  • Social Consumption Surveys (NSS Rounds)
  • Survey on Unincorporated Enterprises
  • Private Sector Capex Survey
  • Domestic Tourism & Travel Survey