The Hindu Editorial Analysis- 9th April 2025 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The gradual transformation of the Home Ministry

Why in News?

The Ministry of Home Affairs (MHA) in India is undergoing a significant transformation from being a reactive crisis management body to a proactive, reform-driven institution. This shift aims to create a future-ready framework for law enforcement and national stability.

MHA’s Changing Role

• Historically, the MHA was viewed as a "Crisis Ministry," intervening during incidents like riots, insurgencies, and governance failures in states. Its focus was primarily on managing unrest rather than preventing it.
• The current shift emphasizes building a robust internal security system through institutional reforms, moving away from the reactive stance of the past.

Focus on Internal Security

• The MHA is modernizing security laws, leveraging advanced technology, enhancing coordination among intelligence agencies, and restructuring institutions.
• This proactive approach aims to prepare for future threats rather than merely responding to existing ones.
• The MHA is crucial for both internal security and federal governance, supported by constitutional provisions like Articles 355, 256, and 356.

Historical Challenges and Evolution

• Internal security priorities have shifted since the 1980s to address emerging threats such as terrorism and insurgencies.
• Regions like Kashmir, the North-East, and Central India, affected by Maoist violence, have remained focal points for security efforts.
• Due to the challenges faced by state police forces in managing these issues, there has been an increased reliance on Central Armed Police Forces (CAPFs) like the Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), and Indo-Tibetan Border Police (ITBP).
• For instance, the CISF was established partly in response to industrial unrest during the 1970s and 1980s.

Limited Reforms in the Past

• Earlier legislative actions were often reactive, responding to specific incidents such as attacks or insurgencies. Laws and institutions like the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Prevention of Terrorism Act (POTA), and the National Investigation Agency (NIA) were established post-crisis.
• Frequent changes in leadership also hindered long-term planning and reform efforts.

Recent Reforms and New Vision

• Since 2019, over 27 laws have been enacted to enhance national security and law enforcement. These reforms include amendments to terror laws such as the Unlawful Activities (Prevention) Act (UAPA) and the NIA Act, with a focus on disrupting terror funding and utilizing technology and databases effectively.
• A multi-agency approach has been adopted, supported by stronger legal frameworks, improved funding, and regular performance evaluations.

Modernising Criminal Justice

• Three new criminal laws have been introduced, accompanied by the establishment of new forensic science institutions and improved digital crime tracking systems.
• States are encouraged to separate police investigations from forensic work to enhance the efficiency of justice delivery.

Increased Funding

• The MHA’s budget has seen a substantial increase, from ₹1 lakh crore in 2019 to ₹2.33 lakh crore in 2025.
• Spending on paramilitary forces has also risen significantly, from ₹38,000 crore in 2013-14 to ₹97,000 crore in 2024-25.

Visible Ground-Level Impact

• There has been a notable decline in violence in regions such as Kashmir, the North-East, and Naxal-affected areas, with incidents of stone pelting in Kashmir significantly reduced.
• Ongoing peace efforts in the North-East and integrated security-development strategies in Maoist-affected areas are beginning to yield positive results.

Conclusion

The MHA is transitioning from a reactive role to a proactive, reform-oriented institution focused on building a robust internal security framework. Through structural reforms and strategic governance, the MHA aims to ensure India is well-prepared for future challenges.

Practice Question:  Discuss how the transformation of the Ministry of Home Affairs from a crisis-response body to a reform-oriented institution has impacted India’s internal security landscape. (150 Words /10 marks)

Strengthening enforcement of judicial orders

Why is it News?

• In Jaipur, despite the National Green Tribunal (NGT) banning the use of air horns at night, enforcement remains weak, causing ongoing noise disturbances for residents.

Significance of Actionable Judicial Orders

• Judicial orders should prioritize strategies that ensure effective enforcement, leading to better resource utilization and increased public satisfaction.
• Practical and outcome-oriented orders have the potential to bring about meaningful changes.
• A positive example is seen in Kathmandu, Nepal, where stringent enforcement and public awareness initiatives significantly curtailed noise pollution.
• Enforcement is a crucial aspect of the justice system, not merely a formality.
• Weak enforcement undermines governance and diminishes public trust in the judiciary.

Challenges in Enforcement

• Enforcement agencies often overlook orders they perceive as "minor," creating a disconnect between judicial decisions and real-world implementation.
• Courts need to anticipate enforcement challenges when issuing orders and establish robust and practical implementation frameworks.
• Past enforcement failures have occurred due to poorly planned orders, resulting in delays and ineffective outcomes.

Legal Provisions and Their Limitations

• Indian law, through Section 38 and Order 21 of the Code of Civil Procedure (CPC), offers mechanisms for executing court decrees.
• Despite this, enforcement faces challenges such as doubts about decree validity and instances of judicial misconduct.

Examples of Successful Enforcement

• Certain court orders have been successfully enforced due to clear guidelines, strict monitoring, and systematic oversight.
• For instance, the establishment of a green belt and regular air quality monitoring were enforced through strong coordination among agencies.
• These cases highlight the importance of detailed directives and continuous monitoring for effective enforcement.

Recommendations for Stronger Enforcement

• Each government department should designate an officer responsible for executing court orders and providing regular updates.
• Technology should be leveraged to map relevant agencies to specific judicial orders, ensuring timely reporting to the court.
• Positive enforcement tools, transparency, and proper information sharing are crucial for ensuring compliance.
• Accountability mechanisms and public involvement are vital for translating court orders into real-world actions.

Practice Question:  How can the judiciary ensure better compliance with its environmental directives in the face of weak institutional enforcement mechanisms? (250 Words /15 marks)