Governance

Linking Voter ID with Aadhaar

Context: The Election Commission of India (ECI) is set to collaborate with the Unique Identification Authority of India (UIDAI) to link voter records with Aadhaar.

Relevance of the topic:

Prelims: Election Commission, UIDAI, Voter ID Aadhar linking

Mains: Voter ID- Aadhaar linking- benefits, concerns

Key Facts on Voter ID-Aadhaar Linking

Form 6B introduced by ECI: for collecting Aadhaar details of voters.
Legal basis: Sections 23(4), 23(5), and 23(6) of the Representation of the People Act, 1950.
Voluntary Linking: Aadhaar submission is not mandatory.
Amendments proposed in Form 6B to include an option to cite reasons not providing Aadhaar (with explanation).
Data collected: 66 crore voters have voluntarily submitted Aadhaar.
- Presently, two databases (voter records & Aadhaar) for these 66 crore voters have not been linked. (Aadhaar has not been used to weed out duplicate entries from electoral rolls).
- ECI is working with UIDAI to figure out how to link the two databases, at least for those voters who have voluntarily submitted Aadhaar to ECI.
Controversy: Some states have assigned identical EPIC numbers to different voters, causing controversy. ECI’s response: Replacement of duplicate EPIC numbers within 3 months.

ECI and UIDAI:

Election Commission of India (ECI): Constitutional Body under Article 324. Responsible for conducting free and fair elections in India.
Unique Identification Authority of India (UIDAI): Statutory body under the Aadhaar Act, 2016. Issues 12-digit Aadhaar numbers for identity verification.

Legal & Policy Framework for Voter ID-Aadhaar Linking:

The initiative is based on Sections 23(4), 23(5), and 23(6) of the Representation of the People Act, 1950.
Ensures that no voter is denied registration or removed from the electoral rolls due to non-submission of Aadhaar.
Amendment to Form 6B is being introduced to clarify the voluntary nature of Aadhaar linking.

Potential benefits of Voter ID-Aadhaar Linking:

Elimination of duplicate voters and reducing electoral fraud.
More transparent elections with credible voter rolls.
Aadhaar-based verification can simplify the registration process.
Enhances electoral data accuracy for better governance and improved voter turnout.

Concerns

Privacy issues: Potential misuse of voter data misuse or unauthorised surveillance.
Risk of disenfranchisement: Those without Aadhaar may face hurdles in voter registration.
Legal ambiguities: Despite voluntary status, requiring reasons for non-submission of Aadhaar raises questions about the true voluntariness of the initiative.
Potential for voter list manipulation or electoral roll tampering by opposition parties.

India ranks 24th in Free Speech Survey

Context: A new global survey by the Future of Free Speech, an independent U.S.-based think tank, has ranked India 24th out of the 33 countries surveyed on the question of support for free speech.

Relevance of the topic:

Prelims: India’s ranking in global surveys.

Mains: Free Speech in India

Key Findings of the Report

1. Global Rankings:

Top Performers: Scandinavian nations led the rankings with Norway (87.9) and Denmark (87.0) securing the highest scores.
Biggest Improvements: Indonesia (56.8), Malaysia (55.4), and Pakistan (57.0) showed the most improvement but still ranked lower.
Democratic nations like the United States, Israel, and Japan experienced some of the biggest drops. Since 2021, more countries have witnessed a decline rather than an improvement in free speech support.

2. India’s Position in the Survey:

India ranked 24th with a score of 62.6, positioned between South Africa (66.9) and Lebanon (61.8).
Public perception: While most Indians value free speech without government censorship, support for criticising government policies is below the global average.

Challenges to Free Speech in India:

Legal and political restrictions:
- India’s sedition law (Section 124A of the IPC) has been used to suppress political dissent.
- Unlawful Activities (Prevention) Act (UAPA) has been criticised for targeting journalists, activists, and opposition voices.
- IT Rules 2021 give the government broad powers to regulate social media and digital content, leading to censorship concerns.
Rise in self-censorship: Fear of legal repercussions and online harassment discourages open expression. Media houses and journalists often face political and economic pressures, leading to biased reporting or avoidance of critical issues.
Selective tolerance for free speech: While free speech is widely supported in principle, it is often opposed when it contradicts political beliefs or religious sentiments. E.g., Arrests of activists, journalists, stand-up comedians highlight inconsistent application of free speech rights.

Way Forward

Amending outdated laws like sedition laws and UAPA provisions that suppress dissent.
Strengthening judicial oversight to prevent misuse of laws against activists and journalists.
Educational institutions and media should encourage free discussion on diverse perspectives.
Political parties should commit to respecting free speech rights across ideological lines.
Strengthening laws that protect journalists from government pressure and corporate influence. Ensuring that social media regulations do not lead to arbitrary censorship.
Encouraging fact-based discussions on government policies and political discourse.

IT Bill proposes Government Override of Online Access Codes

Context: The proposed Income Tax Bill, 2025 has raised privacy concerns among digital rights activists and many tax consultancy firms — since the bill allows the government to break open, or override access controls, such as passwords, set up by users for their digital communication on social media platforms, email services, and possibly even communication on encrypted platforms such as WhatsApp.

Relevance of the topic:

Prelims: Government Override Powers in the Proposed IT Bill; Virtual Digital Space.

Mains: GS II : Privacy vs. state surveillance; role of judiciary in safeguarding rights.

GS III : Cybersecurity challenges, ethical governance in tech policies.

Essay/Ethics : Balancing security and liberty; ethics of mass data collection.

Government Override Powers in the Proposed IT Bill

Empowers authorities to access virtual digital environments during search and seizure operations.
Allows government agencies to bypass encryption/access codes of computer systems, or virtual digital spaces.
Mandates tech companies to provide decrypted data or backdoor access upon request. E.g., WhatsApp’s end-to-end encryption for national security, law enforcement, or public order.
Scope: Applies to social media platforms, messaging apps, and internet service providers.
Legal Framework: Proposed as an amendment to the IT Act, 2000, replacing older provisions on data interception.

Key Changes in Search and Seizure Provisions:

Provisions	Existing Income Tax Act	Proposed Income Tax Bill 2025
Power to enter premises & search	Present	Retained
Forcibly opening physical locks	Present	Retained
Overriding digital access codes (passwords, encryption)	Not present	New addition
Access to virtual digital spaces	Limited	Expanded definition included

Definition of "Virtual Digital Space" in the Bill

The proposed bill defines Virtual Digital Space as a digital environment created and experienced using computer technology. It includes:

Email servers
Social media accounts (Facebook, Twitter, etc.)
Online investment/trading/banking accounts
Websites storing asset ownership details
Remote/cloud servers
Digital application platforms

Arguments in Favour of the Amendment:

Helps curb tax evasion by accessing hidden financial records.
Digital transactions are increasing; thus, tax authorities require updated investigative tools.
Aligns with global best practices in tax enforcement.

Privacy Concerns Highlighted:

Mass Surveillance Risks: Potential misuse for unauthorised surveillance, undermining citizens’ Right to Privacy (Article 21, Justice K.S. Puttaswamy v. Union of India judgment, 2017).
Encryption Weakness: Backdoors could expose systems to hackers and foreign adversaries.
Chilling Effect: Fear of surveillance may deter free speech and dissent.
Global Precedents: Critics cite concerns similar to the 2016 Apple-FBI dispute in the U.S. and the EU’s strict GDPR norms.

Way Forward Suggestions:

Judicial Oversight: Require court-approved warrants for decryption requests
Transparency: Publish annual reports on interception requests
Multi-stakeholder Dialogue: Involve tech experts, civil society, and lawmakers to refine the bill
Balanced Approach: Align with international best practices (E.g., UK’s Investigatory Powers Act with oversight bodies)

While the Income Tax Bill, 2025, aims to modernise tax enforcement, the inclusion of overriding access codes to digital spaces has sparked concerns over privacy and digital rights. Balancing tax compliance and privacy rights will be crucial in the legislative process.

Women in Science

Context: With India continuing to push the boundaries of scientific and technological advancement, it must ensure the full inclusion of women in this journey.

Relevance of the Topic: Mains: Essay: Women in Science- Opportunities, Challenges

Challenges faced by Women in Science

Limited access to quality education: In many regions, girls have limited access to quality education, especially in rural and marginalised areas.
Gendered societal norms: Social expectations often discourage girls from pursuing STEM education, reinforcing stereotypes about science being a male-dominated field.
Hiring and promotion bias: Women often face biased hiring practices. Access to high-impact research and leadership roles are often restricted, limiting career progression.
- Matilda Effect: This concept highlights the tendency to downplay or overshadow women's scientific contributions in favour of their male colleagues.
Lack of role models: The absence of successful women in senior leadership roles further discourages younger women from pursuing STEM careers.
Harassment and discrimination: Academic and professional environments are often hostile, pushing women out of STEM fields.
High attrition rates: Studies show that women have higher dropout rates in STEM fields due to work-life balance issues, non-inclusive workplaces and limited institutional support.

Scenario of Indian Women in Science

A survey conducted across 98 institutions in India (2020-21) showed that women faculty memberscomprised only 17% of the total, with:
- 23% in Biology
- 8% in Engineering
Women’s representation in higher-ranked institutions and senior faculty positions is alarmingly low.
Women are often excluded from career-enhancing opportunities like conferences, funding, and leadership roles.

Significance of retaining Women in Science:

Driving innovation: Diverse teams bring multiple perspectives, leading to groundbreaking discoveries and solutions.
Promoting role models: Women in leadership roles can inspire young girls to pursue careers in STEM. Visible role models can help break gender stereotypes and reduce dropout rates.
Increase Female Labour force Participation Rate (FLFPR) and contribute in achieving the ambitious target of 70% women in economic activities by 2047.

Government Initiatives to promote Women in Science:

Gender Advancement for Transforming Institutions (GATI):
- Launched in 2020 by the Department of Science and Technology (DST) to promote gender inclusivity in STEM fields.
- Focuses on creating an equitable academic and professional environment for women.
Women in Science and Engineering - Knowledge Involvement in Research Advancement through Nurturing (WISE-KIRAN):
- Provides funding, mentorship, and career support to women scientists.
- Aims to increase women’s participation in STEM through research advancement.
Women Scientists Scheme (WOS):
- Offers financial support and research opportunities for women re-entering the workforce after career breaks.
- Encourages women’s participation in academic research.
Biotechnology Career Advancement and Re-orientation (BioCARe):
- Launched by the Department of Biotechnology (DBT) to support women scientists returning to research after career breaks.
Indian Council of Medical Research (ICMR) Initiatives:
- Promotes women’s health research and training opportunities for women scientists.
- Ensures gender-sensitive approaches in scientific research and health-related studies.

Policy Recommendations for retaining Women in Science:

Institutional changes:

Introduce flexible work hours, remote working, and part-time employment options for women.
Provide affordable daycare facilities within institutions to support working mothers.
Formulate policies that help women balance work and family responsibilities.
Increasing visibility and representation:
- Promote the achievements of women scientists through awards, public platforms, and media.
- Monitor gender discrimination in hiring, funding, and promotions, ensuring equal opportunities.
- Create pathways for women to occupy leadership and decision-making roles.
- Supporting career re-entry:
  - Eliminate age-restrictions on research grants to accommodate women who have taken career breaks.
  - Offer fellowship programs for women returning to research after family or personal breaks.
  - Establish strong mentorship networks for women at all career stages.

Ensuring the retention of women in science will not only shape a more inclusive future but also inspire the next generation of women scientists, ultimately propelling India's scientific growth on a global scale.

How AI can help deliver Justice

Context: Artificial Intelligence (AI) is expected to impact crime and crime control, similar to how the internet transformed cybercrime in the past. The government of India has been pursuing the policy of SMART policing i.e. Strategic, Meticulous, Adaptable, Reliable, and Transparent policing.

Relevance of the Topic: Mains: Application of Artificial Intelligence (AI) in Criminal Justice Reform.

AI and Crime- The challenge

Generative AI and deep learning are reshaping cybercrime, making it easier for criminals to exploit text generation, voice cloning, and realistic image creation. The risks include:

Automation of Attacks: AI can automate phishing campaigns, creating highly convincing messages at scale. It also allows malware to adapt dynamically to evade real-time detection, making cyberattacks more efficient and difficult to counteract.
Deepfakes and synthetic media: AI-generated deepfakes can impersonate executives or public figures, facilitating high-value fraud such as business email compromise (BEC), extortion, and social manipulation.
Enhanced cyberattacks: AI algorithms optimise ransomware operations by identifying critical data or systems to encrypt for maximum leverage. Nation-state actors use AI for advanced cyber-espionage, bypassing traditional security measures.
Autonomous operations: AI agents can operate independently, identifying and exploiting vulnerabilities without human oversight. This could lead to complex objectives like hacking critical infrastructure.
Synthetic identities: AI enhances the creation of fake identities by combining personal information from various real people, enabling fraudsters to open financial accounts.
Disinformation operations: AI streamlines content generation and distribution for propaganda and disinformation campaigns, targeting vulnerable populations and accelerating societal polarisation.

AI as a tool for Criminal Justice Reform

AI in Police Administration:

Case supervision: AI can assist in case supervision, data collation, and reducing the administrative workload of district-level police officers.
Reduced administrative workload: The shift of police personnel from administrative to fieldwork (investigations, patrolling, traffic management) would improve public service.

AI and SMART Policing:

SMART Policing: Indian government’s SMART policing initiative (Strategic, Meticulous, Adaptable, Reliable, Transparent) aligns well with AI applications.
Data processing: AI’s ability to process large datasets (text, image, voice) ensures meticulous crime analysis and prevents evidence oversight.
Increased reliability: AI enhances reliability by reducing errors in decision-making and strengthens transparency in police operations.

AI in Judicial System:

Reduced backlog: Judicial backlog of over 50 million cases undermines public trust in justice delivery.
Legal research: AI-powered court transcription, automated document management, fraud detection, and legal research can enhance judicial efficiency.
Analyzing precedents: AI can assist judges in analysing precedents, drafting judgments, and supervising lower courts.

Suggestions and Way Forward

The new US government has launched a $100 billion Stargate AI initiative to advance AI capabilities. India should also form a task force to study and implement AI in the justice system.
AI rollout at police stations and courts as a pilot project along with personnel training can be initiated to assess the impact.

Concerns such as accuracy, data privacy, and bias mitigation must be addressed before AI is implemented in courts.

Time to consider Right Against Disability-based Bias a Fundamental Right: SC

Context: While ruling that visually-impaired candidates are eligible to participate in selection for the posts under the judicial service, the Supreme Court of India has recently emphasised the need to consider the right against disability-based discrimination as a fundamental right.

The landmark ruling will ensure that visually impaired candidates will now be eligible to participate in the selection process for judicial service posts.

Relevance of the Topic: Prelims: Right against disability-based discrimination; Rights of Persons with Disabilities (RPwD) Act, 2016.

Background of the case

The case dealt with provisions in the Madhya Pradesh Judicial Service Examination (Recruitment and Conditions of Service) Rules, 1994, and the Rajasthan Judicial Service Rules, 2010.
Petitioners sought amendments to these rules to bring them in compliance with the RPwD Act, ensuring equal opportunities for visually impaired candidates.

Key Highlights of the Judgment

Fundamental Right against disability-based discrimination:
- The Supreme Court recognised the right against disability-based discrimination as a fundamental right and placed it at the same level as other constitutional rights.
- This recognition is in accordance with the Rights of Persons with Disabilities (RPwD) Act, 2016.
Outcome of the Judgement:
- Authorities were directed to proceed with the selection process in light of this ruling and complete it within three months.
- Rule 6A of MP Rules, 1994, was struck down as it excluded visually impaired persons from selection to judicial services despite their educational qualifications.
- Proviso to Rule 7 of MP Rules, which imposed additional requirements such as a three-year practice period or a minimum of 70% marks in the first attempt, was also struck down as unconstitutional.

Justifications given by the Court

Affirmative action for PwDs: The court emphasized the need for a rights-based approach. Persons with Disabilities (PwDs) should not only be free from discrimination but should also receive positive accommodations to ensure equal opportunities.
Principle of Reasonable Accommodation: It is derived from international conventions and ensures that PwDs receive necessary accommodations for fair assessment and eligibility.
Doctrine of Equality: The court ruled that additional qualifications imposed on PwDs violated the doctrine of equality. The principle of reasonable accommodation must be applied to prevent indirect discrimination.

Impact of the Judgement

Immediate effects: Visually impaired candidates can now participate in judicial service exams without additional barriers. State authorities shall have to amend rules to align with the RPwD Act.
Long-Term implications: Sets a precedent for recognizing disability rights as fundamental rights.
- The decision will encourage other government sectors to adopt similar measures.
- Enhances inclusivity in the judiciary and other public service sectors.

Also Read: Persons With Disability (PWD)

The Supreme Court’s ruling marks a significant step toward an inclusive and equitable judicial system. By striking down discriminatory provisions and reinforcing the principle of reasonable accommodation, the judgment will ensure that disability does not hinder equal participation in public service.

Panchayat Devolution Index 2024

Context: The Ministry of Panchayati Raj has recently published the Panchayat Devolution Index 2024. The index was last published in 2014. Over the past decade, the national average score has increased from 39.92 to 43.89.

Relevance of the topic:

Prelims: Key facts about Panchayat Devolution Index 2024.

Mains: Challenges faced by Panchayats.

About Panchayat Devolution Index (PDI)

PDI is a tool to assess the devolution of powers and resources to Panchayati Raj Institutions (PRIs) across Indian states and Union Territories.
The index measures the performance of India’s panchayat system across states based on six key parameters:
- Framework: Legal and policy framework supporting Panchayati raj institutions.
- Functions: Extent of devolution of functions to panchayats.
- Finances: Availability and allocation of financial resources.
- Functionaries: Availability of trained personnel and administrative capacity.
- Capacity building: Training and skill development of panchayat members.
- Accountability: Transparency and effectiveness in governance.
Developed by: Indian Institute of Public Administration.

Key findings of the 2024 report

Top performing States: Karnataka, Kerala, and Tamil Nadu.
The national average score rose from 39.92 in 2013-14 to 43.89 in 2024.
- The PDI was last published in 2014. The slight improvement in national average score indicates modest progress in devolution efforts.
Improvements and Declines:
- 18 states and Union Territories improved their scores, while 11 recorded declines.
- Uttar Pradesh and Bihar showed the biggest improvement compared to their past performance.
- Maharashtra, despite ranking fourth overall in 2024, is the only top-10 state to register a decline.
Lowest-ranked states: Manipur, Arunachal Pradesh, and Jharkhand, with Manipur, Arunachal, and Haryana experiencing the steepest declines over the past decade.

Representation and demographics of Panchayats in 2024

Total number of panchayats in India:
- Numbers have increased from 2.48 lakh (2013-14) to 2.62 lakh (2024).
- States with the highest number of panchayats are Uttar Pradesh, Maharashtra, and Madhya Pradesh.
Average rural population per panchayat:
- Increased from 3,087 (2013-14) to 4,669 (2024), indicating a trend of fewer but larger panchayats.
- West Bengal, Assam, and Bihar have the most densely populated panchayats.

Women's representation in Panchayats

Women’s reservation in panchayats:
- Most states follow the 50% reservation quota for women in panchayat seats.
- However, seven states and UTs fall below their mandated quota, E.g., Madhya Pradesh, Haryana, Punjab, and Tripura.
Highest representation of women:
- Odisha (61.51%)
- Himachal Pradesh (57.5%)
- Tamil Nadu (57.32%)
Lowest representation of women: Uttar Pradesh (33.33%), which aligns with its one-third reservation policy for women rather than the 50% quota followed by most states.
Overall progress:
- The national average of women representatives has risen slightly from 45.9% (2013-14) to 46.44% (2024).
- The number of states with 50% or more women representatives has increased from 11 (2013-14) to 16 (2024).

Representation of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC):

Highest representation of marginalised groups in panchayats:
- Scheduled Castes (SCs): Punjab (36.34%)
- Scheduled Tribes (STs): Chhattisgarh (41.04%).
- Other Backward Classes (OBCs): Bihar (39.02%)
National averages for representation of marginalised groups in 2024:
- SC representation: 18.03%
- ST representation: 16.22%
- OBC representation: 19.15%
Arunachal Pradesh: Reported 100% ST representation (2013-14), but did not provide 2024 data.

Challenges faced by Panchayats

1. Funding:

Despite allocations, actual release of funds is often delayed. For instance, in 2023-24, only Rs 10,761 crore out of Rs 47,018 crore allocated was released as of November 2023.
Poor internal resource generation: Most panchayats lack the ability to generate their own revenue, exacerbating their financial constraints.

2. Infrastructure shortfalls:

Many panchayats lack basic infrastructure like pucca buildings, computers, and internet access. E.g., Arunachal Pradesh has only 5% pucca buildings and no panchayat with computers.
Digital Infrastructure: 100% computer availability in panchayats was reported in 12 states and UTs, while:
- Arunachal Pradesh had 0% computer availability.
- Odisha had only 13% of panchayats with computers.
Internet access in panchayats:
- 14 states and UTs reported 100% internet access.
- Haryana (0%) and Arunachal Pradesh (1%) had nearly no internet connectivity in their panchayats.

3. Administrative challenges:

Inadequate devolution of Powers: Many states have not fully devolved functions and authority to panchayats, limiting their scope of work.
Lack of skilled functionaries: There is a shortage of trained and skilled personnel, including elected representatives and support staff.
Interference from higher authorities: Interference by MPs and MLAs is seen to have undermined the autonomy and decision-making capacity of panchayats.

4. Women representation:

While 21 states and UTs meet or exceed the 50% reservation threshold for women, seven states fall below it.

5. Social Challenges:

Gender and social biases: Despite reservations, women and marginalized groups often face challenges in exercising their roles effectively due to patriarchal attitudes and biases.
Illiteracy among the functionaries: Illiterate or semi-literate sarpanch struggle to represent their panchayats effectively.

Way Forward

Enhanced funding and infrastructure: Ensure timely release of allocated funds to panchayats and empower panchayats to generate their own revenue There is a need to invest in basic infrastructure like buildings, computers, and internet connectivity.
Capacity building and training: Provide regular training and capacity-building programs for panchayat functionaries to enhance their skills and knowledge.
Improved accountability and transparency: Implement robust accountability mechanisms to ensure transparency in decision-making and resource allocation.
Strengthening framework and devolution of functions: Regularly review and update the legal framework to ensure it aligns with evolving needs and supports effective decentralization.
Streamline administrative processes: Reduce interference from higher authorities and ensure clear devolution of powers.

Also Read: Panchayati Raj Movement is in Distress

The PDI 2024 findings underscore the need for renewed efforts in financial devolution, administrative capacity-building, and infrastructure development to strengthen Panchayati Raj Institutions as the backbone of India’s rural democracy.

National Commission of Safai Karmcharis

Context: The Union Cabinet approved the extension of the tenure of the National Commission for Safai Karamcharis (NCSK) for a period of three years up to March 2028. This is to facilitate socio-economic upliftment of sanitation workers, improving the working conditions in the sanitation sector, and aiming to achieve zero fatalities while performing hazardous cleaning.

Relevance of the Topic:Prelims: Key facts about the National Commission of Safai Karmcharis.

About the National Commission of Safai Karmcharis

The Commission was set up as a statutory body in 1994 under the National Commission for Safai Karamcharis Act, 1993. After the lapsing of the Act in 2004, the Commission became a non-statutory body.
However, its scope has been expanded after the enactment of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

Organisation: The National Commission for Safai Karamcharis is a non-statutory body under the Ministry of Social Justice and Empowerment, it comprises of-

Chairperson (in the rank and status of the Union Minister of State).
Vice-Chairperson (in the rank and status of the Secretary to the Government of India).
Five members, including a lady member (in the rank and status of the Secretary to the Government of India)
Secretary (in the rank of Joint Secretary to the Govt. of India) along with other supporting staff.

Mandate

Recommending to Central government specific programmes of action towards elimination of inequities in status, facilities, and opportunities for safai karamcharis.
To study and evaluate implementation of programmes and schemes relating to social and economic rehabilitation of safai karamcharis and scavengers.
To investigate the non-implementation programmes and schemes for safai karamcharis, and provisions of any laws in its application to safai karamcharis and take up such matters with the relevant authorities.
To study and monitor the working conditions relating to health safety and wages of Safai Karmacharis.
To make reports to the Central or State Government on any matter, difficulties or disabilities being encountered by Safai Karmacharis.
To ensure that compensation is paid in case of sewer deaths by the concerned agency.

Furthermore, under the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (MS Act 2013), NCSK has the following mandate:

(i) to monitor the implementation of the Act.

(ii) to enquire into complaints regarding contravention of the provisions of this Act and to convey its findings to concerned authorities with recommendations requiring further action.

(iii) to advise the Central and State Govt for effective implementation of the provisions of this Act.

(iv) to take suo-motu notice of matters relating to non-implementation of this Act.

Foreigners Tribunals in Assam

Context: Recently, the Supreme Court has ordered the Assam Government to deport the foreigners lodged in detention centres. Some of them have been in detention for 10 years after being declared as foreigners by the Foreigners Tribunal.

Relevance of the Topic:Prelims: Key facts about Foreigners Tribunals in Assam.

About Foreigners Tribunals in Assam

Foreigners Tribunals (FTs) are quasi-judicial bodies established in Assam to adjudicate cases concerning individuals suspected of being illegal immigrants.
They were created under the Foreigners (Tribunals) Order, 1964, which derives its authority from the Foreigners Act of 1946.
The tribunals primarily handle cases related to individuals left out of the National Register of Citizens (NRC), with a significant number of cases involving approximately 19.06 lakh people.

Structure of Foreigners Tribunals

Number of Tribunals: Currently, there are around 100 Foreigners Tribunals operating in Assam.
Composition: Each tribunal is headed by a member with legal or judicial experience, including judges and advocates. The members are appointed under the guidelines provided by the government.
Referral Process: Cases can be referred to FTs by District Magistrates or through notices served to individuals marked as "doubtful voters" on electoral rolls. The tribunals also handle references made by border police regarding suspected illegal immigrants.

Functioning of Foreigners Tribunals

According to the 1964 order, an FT has the powers of a Civil Court in matters such as summoning and enforcing the attendance and examining on oath and requiring the production of any document.
A tribunal is required to serve a notice in English or the official language of the State to a person alleged to be a foreigner within 10 days of receiving the reference from the authority concerned.
Such a person has 10 days to reply to the notice and another 10 days to produce evidence in support of his or her case. An FT has to dispose of a case within 60 days of reference.
If the person fails to provide any proof of citizenship, the FT can send him or her to a detention centre (now called transit camp) for deportation later.
- The burden of proof under the Foreigners Act is on the person accused as a foreigner.
- Failure on his part to appear before the Tribunal, will result in him being declared a foreigner without the state having to prove its case.

Appeal against the order of a FT

Individuals declared as foreigners by the FT can challenge the decision of the tribunal by filing a writ petition in the High Court of Assam, under Article 226 of Indian Constitution.
If unsatisfied by the decision of the High Court, they can appeal to the Supreme Court of India under Article 136 (Special Leave Petition).

Background: The legal foundation for the FTs was laid down in 1964, but significant amendments have been made in 2019, which refined the procedures for handling appeals related to NRC claims and objections. Notably, this amendment allows individuals to approach the tribunals directly, shifting some responsibility from state authorities to the tribunals themselves.

UIDAI notifies new rules for Aadhar Authentication

Context: The Ministry of Electronics and Information Technology (MeitY) has notified the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Amendment Rules, 2025 under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

Relevance of the Topic:Prelims: Key facts about Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Amendment Rules, 2025.

Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Amendment Rules, 2025:

Objective: To enable private entities to gain access to Aadhaar authentication.

Key features:

The amendment enables both government and non-government entities to avail Aadhaar authentication service for providing various services.
- Aadhaar Authentication has now been extended to private entities along with government bodies, for providing various services in the public interest, boosting innovation, knowledge, and public service enhancement.
The amendment will also enhance the scope for residents in availing many new services seamlessly with respect to E-Commerce, Travel, Tourism, Hospitality, and Health Services.
It will promote the ease of living and livelihood and help service providers and seekers to have trusted transactions.

Process of obtaining Authentication

Any entity seeking Aadhaar authentication will be required to apply with the details of intended requirements to the concerned Ministry or Department of the Central or the State government, in a format available on a portal for this purpose.
The applications will be examined by UIDAI, and MeitY will issue the approval based on the recommendation of UIDAI.
The concerned ministry or department of the Central or State Government will notify the entity for Aadhaar usage after receiving confirmation from MeitY.

Constitutional Issues in UGC Draft Regulation

Context: The recent draft regulation by the University Grants Commission (UGC) on the selection and appointment of vice chancellors of universities has evoked protests by various State governments.

The main objection against this regulation is that it constitutes a violation of the federal principles enshrined in the Constitution of India. Subsequently, the concerned State governments have also demanded its withdrawal.

Relevance of the Topic: Prelims: Key facts about the UGC Act, Key features of the amendments sought in the regulation, and issues arising.

Background:

The University Grants Commission (UGC) has sought to amend Regulation 2010 that relates to the selection and appointment of Vice Chancellors, by widening the area of selection.
- Under the existing regulations, a vice chancellor can be selected only from among academicians who have a minimum experience of 10 years as professor.
- Through the draft amendment, the UGC declares that professionals with 10-plus years of experience in industry, public administration, or public policy, shall also be considered.
The draft regulation raises serious constitutional issues which need to be examined by separating the political context of protest and a possible political reaction from the UGC or the party in power.

Objective and mandate of the UGC Act, 1956

To coordinate and maintain standards in university education.
To carry out functions including allocation of funds, recommending measures to improve education and to regulate university standards.
Section 26 (Regulation making power): Section 26 empowers UGC to make regulations for its mandate, provided that they align with the Act and associated rules.

Key Features of UGC Draft Regulations 2025

Appointments of Vice-Chancellors (VCs):
- Establishing a Search-cum-Selection Committee to appoint the VCs from nominated groups of members from:
  - The Chancellor/Visitor (mostly the Governor in the case of state universities),
  - The UGC Chairperson,
  - The apex body of the university (such as Senate/Syndicate).
Eligibility expansion: Professionals from academia, industry, public administration, public policy having at least 10 years of experience would also be eligible provided that they have a proven track record of academic or scholarly contributions.
Terms: VCs will now hold office for five years. Presently, they hold office for the term of three years.
Significance laid on Noteworthy Contributions: Recruitment and promotion policies for faculty have been keenly revised to make room to consider contributions in nine areas which include:
- Innovative pedagogy
- Research in the Indian Knowledge system.
- Digital content creation for MOOCs
- Teaching in Indian languages and
- Start-ups that blend with HEI policy.

Career Advancement Scheme (CAS): Promotions based on qualitative rather score-based criteria.
- Research, teaching innovation, and community engagement have been emphasised.
Promotion of Indian Knowledge Systems (IKS): Research and teaching in Indian languages and traditional knowledge systems to be encouraged.
Flexibility in faculty recruitment: The provision will also allow candidates to be eligible for teaching (through NET/SET scores) in the areas different from their disciplines in UG/PG degrees.
- Ph.D. specialisation shall hold precedence over former degrees.
Increased role for contractual teachers: Removal of the limit on 10% of lecturers on short-term contracts and introduction of the flexibility to hire more contract faculty.
Inclusiveness and representation: Encouraging active participation from under-represented categories (SC/ST/OBC/EWS/Persons with Disabilities) in recruitment and for leadership positions.
Transparency and governance: Simplified practices of recruitment and promotion that would ensure fairness and accountability.
Professor of Practice (PoP): Up to 10% of sanctioned posts can be reserved for industry professionals other than the regular teaching roles in HEIs.
Promotion of research and entrepreneurship: It will be expected that each faculty contributes to research labs, entrepreneurial activities, and also creates digital content (E.g., MOOCs).
Compliances and penalties: In case of non-compliance, following actions can be taken:
- Debarring from UGC funding and schemes.
- De-recognition from UGC.

Advantages of the UGC Draft Regulations 2025:

Issues and Concerns with the Draft Regulation

Ultra vires regulation:
- The UGC Act does not mandate regarding VC selection or appointment. Its primary role is towards setting teaching standards and qualifications for academic staff.
- The regulations exceeding the extent and scope of the UGC Act are invalid. Here, the selection of VCs is not directly connected with maintaining the educational standards.

Erosion of State Autonomy: By enforcing these regulations, it is feared that UGC might risk centralising power and undermining federalism which is a ‘basic feature’ of the Constitution.
- It is also seen as undermining State governments' role in education, a subject under the Concurrent List.
- States have argued the proposal facilitates the Centre’s control over institutions via gubernatorial proxies, which threatens institutional autonomy.
Conflict between UGC regulations and State laws: UGC regulations cannot override State laws unless approved by Parliament. The Supreme Court in 2015 has also ruled that UGC regulations bind universities but may not apply mandatorily to State universities.
- Furthermore, Article 254 (Doctrine of Repugnancy), State laws shall prevail unless repugnant to central laws. In this case, a regulation (subordinate legislation) does not qualify as "central law" under Article 254.
Previous observations of Court: In past, Bombay High Court (2011) has ruled that VC selection has no "direct impact" on educational standards and UGC lacks the mandate under Section 26 for VC selection.
- Kalyani Mathivanan Case (2015): Supreme Court ruled that UGC Regulations are recommendatory in nature for State universities and held that VC appointments in State universities fall under State legislation.
Inconsistency in approach: UGC's stance on VC appointments has shifted repeatedly (E.g., 2010, 2013, 2018, 2025 draft), which has raised concerns about administrative overreach.
Concerns over non-academic VCs: Critics also fear this could lead to appointments of politically loyal individuals in academic leadership and is viewed as detrimental to the higher education system’s integrity and autonomy.

Suggestions and Recommendations

Removing the clauses contrary to federal structure: UGC should eliminate provisions that undermine federal principles.
Encourage collaborative policymaking: The Central government needs to ensure that state governments have a meaningful role in university governance. There is a need to include state nominees in the VC selection process to balance central and state interests.
Long-term goal of autonomy: The focus should be on reforming universities to become autonomous institutions with minimal governmental interference, retaining the government’s role only in funding.
Balancing inclusivity and standards: Although including non-academics could bring fresh perspectives, strict criteria should ensure appointments align with academic and institutional goals.
Judicial clarification: A Constitutional Bench of the Supreme Court should resolve ambiguities to affirm. The UGC regulations remain advisory for State universities unless explicitly adopted by States.

Death Penalty in India: Legal Framework

Context: A sessions court in Kolkata has sentenced the convict of the rape and murder of a doctor at RG Kar Medical College and Hospital to life imprisonment. The Central Bureau of Investigation (CBI) had argued strongly for the death penalty, but the court granted life imprisonment. In the RG Kar case, the convict Sanjoy Roy is 35 years old.

Relevance of the Topic: Prelims: Key facts about legal framework related to Death Penalty in India.

Death Penalty in India

The Supreme Court has ruled that a sentence of death should be passed only in the rarest of rare cases, after the court has taken into account possible aggravating and mitigating circumstances (Bachan Singh v. State of Punjab, 1980).

Rarest of Rare Test:

In the Bachan Singh case, the SC upheld the death penalty but emphasised that it should be imposed only in the rarest of rare cases, where there is no possibility of reformation.
SC laid down non-exhaustive lists of aggravating and mitigating circumstances for courts to consider while making the decision.

Aggravating and Mitigating Circumstances:

Aggravating Circumstances: Factors which could tilt decision towards death penalty:

If the murder is pre-planned, calculated, and involves extreme brutality
If the murder involves exceptional depravity
If the accused has been found guilty of murdering a public servant, police officer or a member of the armed forces while discharging their duty.
Mitigating Circumstances: Factors which could tilt decision away from death penalty:
- If the accused was under extreme mental or emotional disturbance at the time of the offence.
- Age of the accused (would not be given death sentence if they are very young or very old)
- Probability of the accused posing a continued threat to society
- Probability of reforming the accused
- If the accused was acting on the directions of another person
- If the accused believed their actions were morally justified
- If the accused suffers mentally and is unable to appreciate the criminality of their actions.

Interpretations of circumstances by the Supreme Court

1. Age of the Accused:

In some cases (E.g., Ramesh v. State of Rajasthan 2011), the Supreme Court considered the young age of the accused persons (below 30 in these cases) as an indication that they could be reformed.
Law Commission of India noted in its 262nd Report (2015) that in the cases of Death Penalty, the courts have used age as a mitigating factor very inconsistently.

2. Nature of Offence:

In the Shankar Khade case 2013, the SC emphasised the courts should compare the case before them with cases concerning similar offences to determine the punishment. This is to avoid subjectivity in the rarest of rare doctrine.
In Machhi Singh v. State of Punjab case 1983, the SC held that death could be given in cases where the “collective conscience” of society is so shocked that the judiciary is expected to impose the death penalty.

3. Possibility of Reform:

In the Bachan Singh case 1980, the SC held that the government must prove there is no possibility of reform.
In Santosh Bariyar v. State of Maharashtra case 2009, the SC said that the court will have to provide clear evidence as to why the convict is not fit for any kind of reformatory and rehabilitation scheme.
The Law Commission Report said the requirement for evidence is essential for introducing an element of objectivity into the sentencing process.

When should the Court consider these Circumstances?

In the Bachan Singh case, the SC said courts must conduct a separate trial after convicting, so that judges can be persuaded why the death sentence should not be imposed (ensure fair trial).
In Dattaraya v. State of Maharashtra (2020), the court held that if such a hearing did not take place that was a valid reason to commute a death sentence to life imprisonment.