Polity

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President's Rule: the Provision and its History

Context: A delegation of 10 MLAs from the Manipur Assembly met the Governor of the State and pressed for the formation of a viable government in Manipur that has been under President’s Rule since February 2025. 

Relevance of the Topic: Prelims: Key facts about Article 355 and 356. 

President Rule in Manipur: 

  • The President of India issued a proclamation under Article 356 of the Constitution after receiving a report from the Governor of Manipur.
    • The President was satisfied that a situation had arisen that the government of that State cannot be carried on in accordance with the provisions of the Constitution of India.
    • Article 356 (3) states that the proclamation shall be laid before each House of Parliament and shall cease to operate at the expiration of two months unless approved by resolutions of both Houses of Parliament. 
  • The Manipur Legislative Assembly will be under suspended animation. The Assembly has not been dissolved and its tenure is till 2027. The administrative and other security-related decisions will now be taken by the Governor of Manipur. 
  • Manipur has been affected by ethnic violence for the past two years. More than 250 people have been killed and around 60,000 people displaced in the ethnic violence between the tribal Kuki-Zo and the Meitei people in the State that erupted on May 3, 2023
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Consequences of the President’s rule in any state

The consequences follow after the implementation of the President’s rule in a state: 

  • The governor of such a state exercises executive powers on the behalf of the President of India. 
  • The State Legislative Assembly (Vidhan Sabha) of such a state is either dissolved or kept under suspended animation. 
  • The administration of the state comes under the direct control of the Union government.
  • The Election Commission may conduct re-election for the formation of a new state government for the state, usually within 6 months. This is not mandatory and further depends on other considerations. 
  • Though such imposition does not affect the general public of the state directly, however, it can disrupt public welfare, since no major legal or administrative changes can be brought in the state.
  • No new laws can be made by passing a bill in the state legislature during the President’s rule in a state. However, the governor can promulgate ordinances with the President’s approval. 
  • Pending public and state welfare policies remain pending or face delays during this period of the President’s rule.

Emergency Provisions

  • These provisions are listed in Part XVIII of the Indian Constitution.
  • Article 355 and 356:
    • Article 355: Imposes a duty on the Centre to protect every State from external aggression and internal disturbance. It also specifies that the Centre should ensure that every State government operates according to the Constitution.
    • Article 356: Allows for the imposition of the President’s rule if a State’s government cannot function in accordance with constitutional provisions.

Grounds of Proclamation of President's Rule

The President's Rule can be proclaimed under Article 356 on two grounds, one mentioned in Article 356 itself and another in Article 365:

  1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the President can act either on a report of the governor of the state or otherwise too (i.e., even without the governor's report).
  2. Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Process of Imposition of President’s Rule: 

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  • President’s Rule cannot continue beyond one year unless:
    • A National Emergency is in force in the entire country or in that specific state.
    • The Election Commission certifies that elections to the state assembly cannot be held due to difficulties.

Instances of President’s rule in India: 

  • Since 1950, President’s Rule has been imposed 134 times across 29 states and Union Territories. Most frequently imposed in Manipur and Uttar Pradesh (10 times each).
  • States/UTs under President’s Rule for the longest duration:
    • Jammu & Kashmir: Over 12 years (4,668 days).
    • Punjab: Over 10 years (3,878 days).
    • Puducherry: Over 7 years (2,739 days).
  • Jammu & Kashmir and Punjab experienced prolonged periods of President’s Rule due to insurgency, separatism, and law-and-order issues.
  • The most recent case has been in Puducherry (2021), after the Congress government lost a vote of confidence.

Issues with respect to the Provisions:

  • On several occasions, the President's Rule has been imposed in an arbitrary manner for political or personal reasons. 
  • It undermines the federal structure by placing states under direct control of the centre.
  • Hence, Article 356 has become one of the most controversial and most criticised provisions of the Constitution.

Judicial observations in this context: 

  • S.R Bommai V Union of India: A nine-judge Bench unanimously held that the President’s power to issue a proclamation under Article 356 was subject to judicial review and courts could examine the decision to see if it suffered from illegality, malafide, extraneous considerations, abuse of power, or fraud.
  • Views of Justice Jeevan Reddy: The fact that under the scheme of our Constitution, greater power is conferred upon the Centre vis-à-vis the states does not mean that states are mere appendages of the Centre”. 

Suggestions with respect to the same

  • Imposition of the President’s rule under Article 356 must be used as a last resort in situations of utmost gravity and urgency.
  • Based on the SR Bommai Judgement and Sarkaria Commission recommendations, Article 356 should be used in the following circumstances:
    • Where after general elections to the assembly, no party secures a majority, that is, 'Hung Assembly'.
    • Where the party having a majority in the assembly declines to form a Ministry and the governor cannot find a coalition Ministry commanding a majority in the assembly. 
    • Where a Ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly. 
    • Where the constitutional direction of the Central government is disregarded by the state government.
    • Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.
    • Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state. 
  • M.M. Punchhi Commission: It has proposed a localised approach where only specific areas of a state could be brought under central rule and not the entire state, it will curb the impulsive decision to impose President’s rule.

Municipal Bonds

Context: India’s Municipal Bond market remains nascent with around 55 issuances totalling about ₹5,000 crore since their inception in 1997. 

Municipal bonds are debt instruments issued by municipal corporations and related authorities to finance public projects. Indian municipal bonds lack sovereign guarantees. Financial risks persist due to weak fiscal positions of many urban local bodies, leading to limited retail investor participation.

Relevance of the topic:

Prelims: Municipal Bonds- Features

Mains: Municipal Bonds- Bottlenecks, Steps Taken, Way Forward

What are Municipal Bonds? 

  • Municipal bonds are debt securities issued by local governments or States.
  • Also known as ‘Munis’.
  • They are used to fund public projects such as infrastructure, schools, transportation or utilities.
  • Most municipal bonds are ‘General Obligation Bonds’ (GO Bonds) – their repayment is guaranteed by the tax and non tax revenues of the local body.
  • Tax exemption: The interest paid on municipal bonds is tax-free, as long as the buyer follows the rules set by the municipal corporation.

Municipal Bonds in India:

  • Bangalore Municipal Corporation issued India’s first municipal bond in 1997.
  • Later in 1998, Ahmedabad raised a similar bond for urban development.
  • As of 2024, Karnataka and Gujarat are the leading states for municipal bond issuances.
  • Other states like Madhya Pradesh, Uttar Pradesh, Tamil Nadu, Andhra Pradesh have also entered the market, leveraging pooled financing models to help smaller municipalities raise capital. 

Regulation of Municipal Bonds in India:

  • Securities and Exchange Board of India (SEBI) is the market regulator for all bond issuances, including municipal bonds, in India. It plays an active role in trying to deepen the ‘munis’ market.
  • The ‘Issue and listing of debt securities by municipalities’ Regulations, 2015 creates a clear process for cities to issue municipal bonds.
  • SEBI also mandates municipalities to maintain escrow accounts to secure revenues used for bond repayment.
  • SEBI guidelines also emphasize transparency by mandating regular financial disclosures and audited accounts, to build investor confidence.

Steps taken to deepen Municipal Bonds in India:

  • The government has given various reform linked incentives to incentivize the issue of municipal bonds. 
  • AMRUT 2.0by Ministry of Housing and Urban Affairs:
    • A ULB gets an incentive of Rs. 13 crore in the first phase, for every 100 crore worth of bonds issued.
    • This incentive scheme reduces the net effective cost of raising funds through municipal bonds for ULBs, making it cheaper than any other source of borrowing.
    • The scheme also promotes credit rating of ULBs as a mandatory reform.
  • Incentive scheme of Ministry of Finance:
    • Incentives are given to states depending on their categorization.
    • Recently, Indore Municipal Corporation raised ₹244 crore for solar project via public issue of municipal bonds, wherein retail investors also invested in such bonds.

Present Situation of Municipal Bonds in India:

  • Despite all the efforts, the municipal bond market in India remains relatively small.
  • The cumulative issuances amounts to around $575 million with 18 bond issuances, since the inception of SMART city and AMRUT mission in 2015. 
  • Comparison with the US: In the US, over 5000 municipal bonds have been issued so far.
    • Outstanding municipal debt, as of 2024, stands at $4.1 trillion.
    • 2/3rd of the total municipal infrastructure in the US is being funded by municipal bonds.

Bottlenecks for Municipal Bonds in India:

  • Weak financial health:
    • Lack of strong consistent revenue streams implies poor financial stability.
    • Often, revenues are insufficient even to meet operation and maintenance costs of municipal services.
  • Poor creditworthiness:
    • Financial stability is crucial for obtaining good credit ratings necessary for bond issuance.
    • Only a few cities achieve investment-grade ratings (A- and above), limiting investor confidence in bond offerings.
  • Regulatory and procedural challenges:
    • Complex & opaque approval processes by state governments for municipal bond issuance discourage cities from accessing capital markets.
    • Absence of specific legal frameworks that address insolvency or debt restructuring for city governments also reduces investor confidence, in case of defaults.
  • Lack of transparency & inadequate financial management:
    • Poor financial reporting practices & outdated accounting systems erodes investor trust.
    • Delays in audits and lack of standardized reporting formats complicate the credit rating process.
    • Minimal public disclosure of audited finances further discourage investor participation.
  • Limited market demand and investor interest
    • At present, institutional investors dominate the municipal bond market in India.
    • Absence of sufficient incentives like tax exemptions or attractive returns limits participation from individual investors.

Addressing these challenges will require policy interventions such as incentivizing financial reforms, improving transparency and streamlining regulatory approvals. Strengthening ULB’s financial capacities and fostering better project management practices is essential to expand the municipal bond market in India.

Growth in India’s Telecom and Internet Sector 

Context: In the India Mobile Congress (IMC) 2025, the Minister of Communications announced that India is the second largest telecom market in the world and will have 1 billion internet users by the end of FY26.

Relevance of the Topic:Prelims: India’s Telecom & Internet sector- Key Trends and Govt. Initiatives. 

Growth in India’s Telecom and Internet Sector: 

In the last decade-

  • India became the second largest telecom market in the world. India’s mobile market witnessed a growth from roughly 1 billion to 1.2 billion customers. 
  • The Internet market has grown from around 250 million to 974 million subscribers. 
  • The broadband market, with speeds greater than 2 Megabits per second (Mbps), has grown from 66 million (2014) to 940 million in 2025. India is expected to hit one billion Internet users in 2026.
  • Rise in Affordability: Call prices are down from 50 paise per minute to 0.003 paise per minute; data from 1 GB at ₹287 to ₹9 per GB. India is the cheapest data market in the world; the global average is $2.49 per GB.
  • Growth in manufacturing: From importing 80% of mobile phone requirements to exporting ₹1.75 lakh crore worth of mobile phones.
  • Patents of 6G: India ranks among the top six countries globally in terms of 6G patent filings. Bharat 6G Alliance is working to contribute a minimum 10% of 6G patents to the world. 
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Government Policies that contributed to the growth: 

  • Universal Service Obligation Fund (Digital Bharat Nidhi): USOF is funded by a 5% Universal Service Levy on telecom operators' Adjusted Gross Revenue to finance telecom expansion in rural areas. Digital Bharat Nidhi aims to ensure transparent management and targeted deployment of the funds.
  • BharatNet: Ambitious project aimed at providing affordable high-speed broadband connectivity to all Gram Panchayats (GPs) in India. It is the largest public sector investment in connectivity to the grassroots level costing over $16.9 billion.
    • In the first phase, almost 7 lakh kilometres of fibre optic cables were laid and 2.14 lakh gram panchayats were connected. 
    • The ongoing BharatNet II project aims to connect the remaining gram panchayats.
  • Advanced technology inBharatNet II:
    • Use of Multiprotocol Label Switching (MPLS) routers instead of Gigabit Passive Optical Network (GPON) routers for higher redundancy levels. 
    • Ring topography instead of linear topography to prevent incidents of single breakage disrupting all the downstream gram panchayats.
    • Central network operating centre to monitor and maintain the network throughout the country. 
    • Provide an Internet leased line with a minimum speed of 25 Mbps to every subscriber.
  • PM-WANI (WiFi Access Network Interface): To proliferate broadband access through public Wi-Fi networks and create a robust digital communications infrastructure in India, especially in rural areas.
  • Bharat 6G Alliance: Launched in 2023 by DoT, it is a collaborative platform that brings together the government, industry, and academia to develop 6G technology in India. It is working to contribute a minimum 10% of 6G patents to the world, development of at least one new radio technology originating from India, and creation of at least 10 standard essential patents (SEPs).
  • PLI Scheme for Smartphones: India has become a key player in global smartphone exports. Handsets are now the second highest exported products from India. As a result, India has come a long way from importing 80% of mobile phones to exporting ₹1.75 lakh crore worth of mobile phones (~$20 billion).

Also Read: India ranks among top six nations globally in 6G patent filings 

India needs to increase investment in research and development (R&D) to become the creators and innovators of global products in the telecom space.

Enforcement Directorate: Powers and Criticism  

Context: The Supreme Court has stayed the investigation conducted by the Directorate of Enforcement (ED) into government-run liquor retailer Tamil Nadu State Marketing Corporation (TASMAC) offices. The SC has criticised the ED for “crossing all limits” and “violating the federal structure”.

Relevance of the topic:

Prelims: Key facts about the Enforcement Directorate (ED). 

Mains: Enforcement Directorate (ED): Powers and Criticism. 

About Enforcement Directorate (ED)

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  • ED is a multi-disciplinary organisation mandated with investigation of economic crimes and violations of foreign exchange laws. 
  • It operates under the Department of Revenue, Ministry of Finance.
  • Its primary mandate is to enforce two key laws: the Prevention of Money Laundering Act, 2002 (PMLA) and the Foreign Exchange Management Act, 1999 (FEMA). 
  • Additionally, it is tasked with implementing the Fugitive Economic Offenders Act, 2018 (FEOA).  
  • The agency investigates cases of money laundering, violations of foreign exchange laws, and works to attach and confiscate assets derived from criminal activities.
  • Headquarters: New Delhi 

Powers granted to Enforcement Directorate under different Laws

1. Prevention of Money Laundering Act, 2002 (PMLA):

  • Search and Seizure: ED has the power to search and seizure records or property if the suspect is believed to be involved in money laundering. 
  • Power to Arrest: An authorised officer may arrest a person if has reason to believe that any person has committed an offence punishable under the PMLA Act, based on the material in his possession. He shall inform him of the grounds for the arrest as soon as possible. 
  • Summoning powers: ED has the power to summon any person to give evidence or to produce any records during the course of any investigation or proceeding under the Act.
  • Attachment of property: The Director or an authorised officer (not below the rank of Deputy Director) can attach property of persons accused of money laundering. He may issue a written order to provisionally attach such property for a period not exceeding 180 days.

2. Foreign Exchange Management Act, 1999 (FEMA): 

  • ED has the powers to-
    • conduct investigation into suspected contraventions of foreign exchange laws and regulations.
    • adjudicate and impose penalties on those adjudged to have contravened the law (violation of FEMA).

3. Fugitive Economic Offenders Act, 2018 (FEOA): 

  • ED has the power to attach the properties of the fugitive economic offenders who have escaped from India warranting arrest, and provide for the confiscation of their properties to the Central Government.

Issues with the functioning of Enforcement Directorate

These powers along with functional issues in ED have scope for political misuse. 

  • Low conviction rate: ED has registered 5,422 cases under PMLA till March 2022, but only 23 persons have been convicted- less than 0.5%.
  • Self-Incrimination: ED can force an accused to self-incriminate during interrogation and such statements can be used as evidence in court. This raises concerns about the violation of Article 20 of Indian Constitution, which protects individuals from self-incrimination. 
  • No checks and balances in search/seizure: Under PMLA, ED officials can carry out search operations even without prior FIR in predicate offence.
  • Autonomy: The Centre government’s authority to extend the tenure of ED officials, including the Director, raises concerns about ED’s autonomy. The Act of extension can be an incentive for displaying regime loyalty in discharging duties, and gives scope for the deployment of ED for political vendetta. 
  • Accountability: ED has policing powers without accountability imposed on regular police. E.g., Case information report is not provided to the person concerned at the time of arrest.  

Hence, it is necessary to ensure functional autonomy of ED by giving it power to appoint its own cadre and ensure accountability by strengthening PMLA appellate tribunals.

When can a sitting Judge face an FIR?

Context: Recently, the Vice President of India has criticised the in-house inquiry as having “no legal sanctity” and called for reviewing the Veeraswami judgment, terming it a “scaffolding of impunity”.

Relevance of the Topic: Prelims: In-house inquiry, Veeraswami judgment in the light of Judicial independence and accountability.

Constitution Safeguard for Judges: 

It is fundamental to the independence of the judiciary that judges should be able to decide cases without fear of personal consequences, including criminal prosecution. 

  • The only procedure prescribed in the Constitution is the removal of a judge through impeachment.
    • Article 124: Removal of a Supreme Court (SC) judge.
    • Article 218: Removal of a High Court (HC) judge.
  • The judge can only be removed by Parliament on two grounds: 
    • Proven misbehavior or incapacity. 
    • Proven misbehavior and incapacity are not defined in the Constitution.  
  • The impeachment process requires a motion to be passed in both the Lok Sabha and Rajya Sabha with at least two-thirds of those present and voting, in such a way that it is more than 50% of the total membership of each House, i.e., special majority. If the Parliament approves, the President issues the final removal order. However, no SC Judge has been impeached so far.

Looking for alternative mechanisms to deal with complaints against judges, the SC developed the mechanism of the in-house inquiry. 

What is an In-house Inquiry? 

  • The Chief Justice of India (CJI) sets up a panel of judges to verify if there is a prima facie case against a judge.
  • The report is sent to the CJI, who may forward it to the President or executive.
  • If the judge is found guilty of misconduct, the panel can recommend voluntary resignation, withdrawal of judicial work and initiation of impeachment proceedings.
  • It is not a legal or statutory proceeding, it is an internal fact-finding process. It cannot lead directly to an FIR or prosecution. 
  • The CJI himself has limited powers to deal with errant judges beyond transferring or withdrawing work from the judge.

Read More: Removal process of a Judge of High Court 

Veeraswami Case (1991): When can a sitting judge face an FIR?

  • In the Veeraswami case, Justice K. Veeraswami, former Chief Justice of the Madras High Court, was accused of possessing assets disproportionate to his known sources of income. 
  • The central legal question was whether a sitting judge could be prosecuted under the Prevention of Corruption Act, and if so, who had the authority to sanction such prosecution.
  • The SC held that: 
    • A sitting judge of a High Court or the Supreme Court can be prosecuted under the Prevention of Corruption Act, but only with prior sanction from the Chief Justice of India.
    • While a judge can be considered a public servant for a corruption case to be registered against him, the sanction must come from the CJI.
  • Ordinarily, sanction is granted by the authority that has the power to appoint the public servant. But the SC emphasised that there is no master and servant relationship or employer and employee relationship between a Judge and the President of India. 
  • The judgment aims to maintain a balance between Judicial independence and judicial accountability.

In 2019, for the first time, then CJI Ranjan Gogoi gave permission to the CBI to register an FIR against Justice S N Shukla of the Allahabad High Court for alleged favours to a private medical college for MBBS admissions.

Waqf is not Essential Religious Practice: Centre 

Context: Defending the recently-passed legislation Waqf Amendment Act, 2025, the Central government told the Supreme Court that though Waqf is an Islamic concept, it is not an essential religious practice in Islam. 

The Centre asserted that it is the state's duty to ensure that public property is not diverted illegally, and nobody could claim right over public land by using waqf by user principle.

Relevance of the Topic: Prelims: Essential Religious Practice; Right to freedom of religion. 

Waqf is not an Essential Religious Practice in Islam

The Central government told the Supreme Court that-

  • Waqf, by its very nature, is charity, and any Charity is a part of every religion, but not an essential religious practice of any religion.
  • A Muslim who does not create a waqf would not be less Muslim or cease to be a Muslim. Creating a waqf was not mandatory in Islam, neither is it a fundamental right in itself.

The law only focusses on the secular and administrative aspects of Waqf institutions without interfering with essential religious practices or beliefs of the Islamic faith.

What is an Essential Religious Practice? 

The essential religious practices (ERP) doctrine governs which religious practices are protected under Articles 25 & 26 of Indian Constitution. 

In the Commissioner of Police v Acharya Jagadisharananda Avadhuta (2004): The SC held that- 

  • In order to determine whether or not a particular practice is an essential part of religion, the test must be whether the absence of the practice itself fundamentally alters the religion. 
  • If the taking away of that part or practice could result in a fundamental change in the character of that religion or in its belief, then such part could be treated as an essential or integral part.
  • There cannot be additions or subtractions to such a part because it is the very essence of that religion and alterations will change its fundamental character. It is such permanent essential parts which are protected by the Constitution. 

Some cases associated with Essential Religious Practice: 

  • Commissioner of Police v Acharya Jagadisharananda Avadhuta (2004): The SC held that the Tandava Dance was not an essential practice of the Ananda Marga faith. 
  • Shayara Bano v Union of India (2017): The SC held that the practice of Triple Talaq is not an essential practice under Islam and could not be offered constitutional protection under Article 25. 
  • Karnataka High Court (2022) upheld the ban on the wearing of hijab (head scarf) by students in schools and colleges in the State. It held that wearing the hijab is not an essential religious practice in Islam, and is not protected under the right to freedom of religion guaranteed by Article 25.

Articles 25 & 26 of Indian Constitution

Article 25: Freedom of conscience and free profession, practice and propagation of religion.

  • All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.
  • It does not include the right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.
  • These rights are available to all persons- citizens as well as non-citizens. It covers not only religious beliefs (doctrines) but also religious practices (rituals). 
  • Reasonable restrictions: However, these rights are subject to public order, morality, health and other provisions relating to fundamental rights.
    • The state can regulate such practice on grounds of public order, morality and health.
    • The state can regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice. 

Article 26: Freedom to manage religious affairs. 

  • Every religious denomination or any of its section shall have the following rights:
    • Right to establish and maintain institutions for religious and charitable purposes
    • Right to manage its own affairs in matters of religion
    • Right to own and acquire movable and immovable property
    • Right to administer such property in accordance with law. 
  • Article 26 protects collective freedom of religion. Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious denominations or their sections. 
  • Reasonable restrictions: Rights under Article 26 are also subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights. 

Also Read: Waqf Amendment Act 2025 

Crackdown on Overseas Citizen of India (OCI) Cardholders 

Context: The Ministry of Home Affairs (MHA) has cancelled the registration of 194 Overseas Citizens of India (OCI) since 2014, 57 in 2024, under the Section 7D of the Citizenship Act 1955.

Relevance of the Topic: Prelims: Key facts about Overseas Citizen of India (OCI). 

Who is an Overseas Citizen of India (OCI)?

  • OCI is an immigration status authorising a foreign citizen of Indian origin to live and work in India for an indefinite period. 
  • OCI card was launched by the Government of India to meet the demands of the Indians residing overseas who insisted on dual citizenship. 

Eligibility Criteria: 

  • OCI is a Foreign National:
    • Who was a citizen of India at the time of, or at any time after 26th January 1950 
    • Who was eligible to become a citizen of India on 26th January, 1950
    • Who belonged to a territory that became part of India after 15th August 1947
    • Who is a child or a grandchild or a great grandchild of such a citizen
    • Who is a minor child of such persons mentioned above
    • Who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder. 
  • Spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI cardholder and whose marriage has been registered for a continuous period of not less than 2 years immediately preceding the application. 
  • However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or other country as notified by the Central Government shall be eligible for registration as an OCI.
  • Foreign nationals cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. Moreover, the foreigner must be ordinarily resident of India to be eligible to apply for OCI registration in India.

Benefits to OCI cardholders

  • Allows them to visit India without having to apply for a visa and stay indefinitely. 
  • Exempt from having to register with the local police for the duration of their stay.
  • Parity with Non-Resident Indians (NRIs) in economic, financial, and educational fields, except in matters relating to the acquisition of agricultural or plantation properties.
  • Equality for the NRIs for intercountry adoption.

OCIs can travel freely within India and work in the country, however they cannot vote or own agricultural land.

When can the OCI card be cancelled? 

Under Section 7D of the Citizenship Act 1955, the Union government can issue notice to an OCI holder and cancel their registration: 

  • If the OCI cardholder gets registration using fraud, false representation, or the concealment of any material fact.
  • If the OCI (within five years after their registration as an OCI cardholder) is sentenced to imprisonment for a term of not less than 2 years.
  • If the OCI has shown disaffection towards the Indian Constitution. 
  • If the OCI has engaged, associated, unlawfully traded, or communicated with an enemy nation with which India is at war, or has undertaken any business or commercial activity to assist an enemy in that war. 

Additionally, If the government feels that it is necessary to revoke an OCI cardholder’s registration in the interest of the sovereignty, integrity and security of India, friendly relations of India with any foreign country, or in the interests of the general public, the government can cancel the concerned OCI card. 

Also Read: India’s Diaspora: Significance and Challenges 

What is Presidential Reference?

Context: Recently, the President of India Smt. Droupadi Murmu has made a reference to the Supreme Court under Article 143 of the Constitution on certain questions of law. 

The current reference is a result of a recent Supreme Court judgment that had specified timelines for Governors and the President to act on Bills passed by State legislatures.

Relevance of the Topic: Prelims: Key facts about Presidential Reference. 

Advisory jurisdiction of the Supreme Court under Article 143 is a relic of the Government of India Act, 1935. It vested the Governor-General with discretionary power to refer any question of law of public importance to the federal court for its opinion.

Presidential Reference: 

  • As per Article 143, the President may refer any question of law or fact of public importance to the Supreme Court for its opinion. The President makes such a reference based on the advice of the Union council of ministers. 
  • Article 145 of the Constitution provides that any such reference shall be heard by a bench of minimum five judges.
  • The Supreme Court may provide its opinion after such hearing as it thinks fit. It is not obligatory for the Supreme Court to render its opinion. 
  • The opinion is legally not binding on the President, and does not hold a precedential value for the courts to follow in subsequent cases. However, it carries a strong persuasive value and is usually followed by the executive and the courts.

The latest Presidential Reference:

  • The present reference has raised 14 questions, primarily surrounding the interpretation of Articles 200 and 201, for the court’s opinion.  
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Supreme Court’s Judgment in Tamil Nadu Governor case (2025):

Time limit for the Governor: 

SC has prescribed a time limit for the Governor to exercise his powers under Article 200. 

  • The governor has a maximum of one month to withhold the assent based on the aid and advice of the State Cabinet. 
  • The governor has a maximum period of three months to return the bill by specifying reasons, if the bill is withheld contrary to the advice of the Cabinet. 
  • The governor has a maximum period of three months to reserve the bill for the President's consideration against the advice of the Cabinet. 
  • The governor must grant assent to the bill re-passed by the state legislature under Article 200 within a maximum period of one month. 

The court said that a governor must be a friend, guide and philosopher to the State, not a hindrance. 

Time limit for the President

  • The President is required to take a decision on the bills reserved for his consideration by the governor within a period of three months. 

The SC noted that absence of timeline in Article 201 does not imply that the President can delay decisions indefinitely. It aims to prevent delays and ensure the efficient functioning of the legislative process.

Past instances of Presidential Reference:

There have been around 15 references made since 1950 before the current reference. Some of the landmark opinions from such references include-

  • The first reference was made in the Delhi Laws Act case (1951) which laid down the contours of ‘delegated legislation’, through which the legislature could delegate legislative powers to the executive for effective implementation of any law. 
  • The reference in the Kerala Education Bill (1958) resulted in the court laying down the principle of harmonious construction between Fundamental Rights and Directive Principles of State Policy as well as interpretation of protection given to minority educational institutions under Article 30. 
  • In the Berubari case (1960), the court opined that ceding or acquisition of territory by India would need a constitutional amendment under Article 368. 
  • In the Keshav Singh case (1965), the court interpreted the powers and privileges of the legislature. 
  • In the Presidential poll case (1974), the court opined that Presidential elections should be held notwithstanding vacancies in the electoral college due to dissolution of State assemblies.
  • The Special Courts Bill (1978) provided that the court may decline to answer a reference; that the questions referred must be specific and not vague; and that the court, while answering a reference, should not encroach upon the functions and privileges of Parliament. 
  • The Third Judges case reference (1998) laid down detailed guidelines for the collegium system with respect to the appointment of judges to the higher judiciary.

It is not obligatory for the Supreme Court to render its opinion. Out of all the references made till date, the court has declined to provide its opinion for only one reference in 1993 with respect to the Ram Janmabhoomi case. 

The government had an option to seek review of the original judgement (by the Supreme Court, settling timelines for Governors and Presidents on Bills). Failing the review, the government could have filed a curative petition. 

The Presidential Reference raises fundamental questions about the justiciability of executive discretion and the extent to which courts can intervene in the legislative assent process. Clarifying these boundaries will protect the constitutional balance between the executive, legislature, and judiciary. 

SC strikes down Retrospective Environmental Clearances

Context: Recently, the Supreme Court has ruled that granting retrospective environmental clearances to construction and infrastructure projects is illegal, arbitrary, and contrary to environmental law and constitutional principles.

Relevance of the Topic: Prelims: Key facts related to Retrospective Environment clearance, EIA etc.

What is Retrospective Environmental Clearance?

  • Retrospective Environmental Clearance (also called ex-post facto EC) means giving environmental approval to a project after it has already started construction or operations, instead of getting permission before beginning the project.

Background:  

  • The EIA (Environmental Impact Assessment) Notification of 2006, under the Environment (Protection) Act, 1986, mandates prior environmental clearance before commencing any construction or industrial activity.
  • However, the Environmental Amnesty Notification 2017 introduced a one-time amnesty window (March-September 2017), allowing violators who had commenced projects without EC to apply for retrospective clearance.
  • The 2021 Office Memorandum, issued by the Ministry of Environment, Forest and Climate Change, established a Standard Operating Procedure (SOP) to handle such violation cases. Thus it effectively continued the regime of ex-post facto approvals.

SC strikes down retrospective Environmental Clearances:

  • In Vanashakti vs Union of India, the Supreme Court of India ruled that Ex-post facto ECs are illegal, arbitrary, and anathema to environmental jurisprudence.
  • The SC struck down the Environmental Amnesty Notification 2017, and the Office Memorandum 2021 which allowed for ex-post facto (retrospective) Environmental Clearances (ECs).
  • Environmental Clearances already granted under the 2017 and 2021 policy regime will not be invalidated, but no new such clearances shall be granted. 
  • The Union government is restrained from issuing any future policies or circulars that seek to regularise such violations.
  • The judgment is rooted in the Precautionary Principle, a cornerstone of Indian environmental law, ensuring environmental risks are assessed before harm occurs
  • The Court emphasised that the government has a constitutional duty (Article 48A and 51A(g)) to protect the environment.
  • Retrospective clearances violate Article 21, infringing upon citizens' right to health and clean air. 
  • Also, Ex-post facto clearances defeat the very purpose of Environmental Impact Assessments (EIAs), which are meant to assess risks before project approval, not after damage is done.

Right to Repair Movement in India

Context: Recently, the Department of Consumer Affairs announced that a report for a “Framework on Repairability Index (RI) in Mobile and Electronic Sector” had been submitted to the government. 

Relevance of the Topic: Prelims: Key facts about Right to Repair Movement in India; Repairability Index. 

Framework on Repairability Index (RI) in Mobile and Electronic Sector

  • Under the Repairability Index, consumer electronics and electronic appliances would be assigned a score depending on how easy they are to repair. 
  • This will be done by evaluating products under criteria- availability of spare parts, cost of repair, software updates, and availability of information.

Right to Repair Movement in India:

  • Right to Repair refers to the right of end users to repair devices they own or service without any manufacturer or technical restrictions. It will give consumers a chance to repair their products at an optimal cost instead of buying new products altogether. 
  • The Union government had set up the Nidhi Khare Committee in 2022 to develop a comprehensive framework on the Right to Repair. The sectors identified include Farming Equipment, Mobile Phones/ Tablets, Consumer Durables and Automobiles/Automobile Equipment.
  • India's Department of Consumer Affairs launched the Right to Repair Portal in December 2022. In the Portal, the companies will provide information on self-repair manuals, authorised & third-party repairers for companies and products.

Significance: 

Prolonging the life of an appliance ties into other priorities, like-

  • Promoting e-waste recycling (circular economy- where parts and metals go back into a value chain, a long-held but inadequately achieved aim)
  • Regulating the demand for “virgin” metals that have been freshly mined. India is a net importer of metals, and has an increasing pressure to maintain existing electronic products.
  • End-consumer benefit of having longer-lasting products, or at least products that can be repaired cheaply and quickly.
  • Serve as a catalyst for employment generation by allowing third-party repairs.

Also Read: Electronics Repair Services Outsourcing Pilot Initiative (ERSO) 

The aim of developing a framework on Right to Repair in India is to empower consumers, harmonise trade between the original equipment manufacturers and the third-party buyers and sellers and emphasise on sustainable consumption of products and reduction in e-waste. 

CAQM issues 19-point Directives to Eliminate Stubble Burning 

Context: Recently, the Commission for Air Quality Management (CAQM) has released 19-point directives for Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh to eliminate stubble burning. 

Earlier, the Supreme Court had directed the constitution of state-level committees in these states to file monthly reports to CAQM. The committees have been tasked to monitor the implementation of the CAQM directions.

Relevance of the topic:

Prelims: Key facts about Commission for Air Quality Management (CAQM). 

Mains: Stubble Burning: Concerns & government Initiatives to prevent stubble burning. 

Key highlights of the CAQM Action Plan:

  • Technological Interventions:
    • Mapping of each farm in all villages. ⁠
    • Effective use of IT platforms for planning, procurement, machine booking and their utilisation.
    • Set up an online platform for real-time monitoring of crop residue and its utilisation
    • Tagging of special nodal officers to a group of farmers to cover all the districts. 
  • Machinery and Infrastructure:
    • ⁠Comprehensive review of inventories with a fresh gap analysis and procurement plan for different machinery types to be conducted this year.
    • ⁠Timely procurement of new crop-residue-management (CRM) machines.
    • Optimal availability of machines, mainly for small, marginal farmers. Compulsory rent-free CRM machines for such farmers. 
    • Plan machine movement based on harvesting patterns, schedules.
    • ⁠Optimal use of balers, rakers, among other machines for ex-situ management.
  • Ex-situ Crop Residue Management: 
    • Plan for storage facilities. Parcels of government or panchayat lands to be identified for storage of paddy straw bales
    • District-level supply chain management
    • Fix common procurement price for paddy straw in Punjab & UP
    • Promotion of various government schemes for ex-situ management
    • Set up a pilot common paddy straw-based boiler in industrial units
    • Use paddy straw pellets for co-firing in brick kiln on line with TPPs
  • Enforcement Measures: 
    • Set up a dedicated Parali Protection Force (made up of police, agriculture, and civic officers) to closely monitor, oversee and guard against stubble burning incidents.
    • Intensified patrolling to prevent evasion of satellite monitoring of farm fires.
    • Help citizens report complaints on social media platforms.
    • Farmers who still burn straw risk “red entries” in their land records and environmental compensation fines.

Commission For Air Quality Management (CAQM):

  • CAQM is a statutory body established under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021.
  • Objective: To coordinate, research and address problems related to air quality  in the national Capital Region (NCR) and adjoining areas. 
  • Adjoining areas include: areas in the states of Haryana, Punjab, Rajasthan, and Uttar Pradesh adjoining the NCR where any source of pollution may cause adverse impact on air quality in the NCR.
  • It dissolved the Environment Pollution Prevention and Control Authority established in the NCR. 

Also Read: Burning of Agricultural Residue 

What is the concept of Safe Harbour?

Context: The Union Ministry of Information and Broadcasting is reconsidering the concept of safe harbour for social media platforms to combat the issue of “fake news” online.

Relevance of the topic:

Prelims: Concept of Safe Harbour clause.

Mains: Issues related to protecting freedom of speech in digital media. 

What is Safe Harbour?

  • Safe harbour is a legal concept that protects individual websites that allow third party users to share content from legal liability for any unlawful posts. The safe harbour protects the sites from any criminal action for third party content hosted by them. 
  • The Section 79 of the Information Technology Act, 2000 grants intermediaries safe harbour in India. However, the protections are given with some conditions.
    • If an intermediary receives “actual knowledge” of illegal content on their website, and they do not take the content down within a certain time period, they would lose the liability protections under Section 79. 
    • As per the Supreme Court of India, the “actual knowledge” means a court order or government notification.

Significance of Safe Harbour clause: 

  • It aims to encourage innovation online and prevent website owners from being unfairly hounded for content they had no hand in publishing. 
  • Without safe harbour protections, online intermediaries could face tremendous consequences for illegal content. E.g., In 2004, the then head of the website eBay in India was arrested because of a user listing of a disk containing child sex abuse material for sale.

How are intermediary liability protections regulated in India?

  • While safe harbour does have the conditions described above, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 puts in place additional conditions for platforms to retain protection from intermediary liability. These include:
    • Social media firms need to have a nodal officer, a grievance officer resident in India.
    • The firms need to periodically submit reports of complaints they receive on content, and action taken against them for this. 
  • Different parts of the IT Rules have been challenged in courts in the last few years.
    • E.g., the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 contained provisions that would strip safe harbour from sites for content that has been notified as “fake news” by the Press Information Bureau’s Fact Check Unit.
    • That amendment was immediately challenged in the Bombay High Court. Petitioners accused the government of exceeding its authority by designating a Fact Check Unit that could be an arbiter of truth, and putting pressure on social media companies to take content down without following the longer process of sending a notice to users whose content is being removed. 
    • In 2024, the Bombay High Court struck down the amended Information Technology (IT) Rules, by calling the amendment “unconstitutional”.

Also Read: Bombay HC strikes down Centre’s Fact Check Unit 

Why is the government considering amending the Safe Harbour clause?

  • The government has accused foreign social media platforms (E.g., X) of flouting Indian laws and acting too slowly on takedown notices. Hence, the government aims to amend safe harbour in order to make platforms more proactive in governing their sites, not just for misinformation, but also for AI-generated deepfakes, cyberfrauds etc. 
  • The Ministry of Electronics and Information Technology is in the process of drafting a Digital India Act (DIA) that would incorporate these changes. However, the outlines of how safe harbour would change under this proposed law have not yet been revealed.  

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