Looking inward: Reservation in Supreme Court

Why in News?
Recently, for the first time in its history, the Supreme Court of India has implemented a reservation policy for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the hiring and promotion of its non-judicial staff, including assistants and attendants.
Key Takeaways
- The introduction of a reservation policy bridges the gap between the Supreme Court's principles and their practical application.
- The policy promotes social inclusion within the judiciary, enhancing representation for marginalized communities.
- There was a significant delay in implementing these affirmative action measures due to a lack of leadership and institutional inertia.
Additional Details
- Importance of the Reservation Policy: The new policy ensures 15% reservation for SCs and 7.5% for STs in administrative posts, addressing the need for better representation within the judicial system.
- Delayed Implementation: The Supreme Court had previously supported affirmative action through landmark judgments, such as Indra Sawhney and M. Nagaraj, but had not extended similar benefits to its own staff until now.
- Challenges Ahead: The extension of reservations to Other Backward Classes (OBCs), Persons with Disabilities (PwDs), and other groups is hindered by legal ambiguities and bureaucratic delays.
- Way Forward: Recommendations include institutionalizing inclusive policies by finalizing a comprehensive reservation framework and strengthening monitoring mechanisms to ensure timely implementation.
- The recent reform signifies a transformative step for the Supreme Court, aligning its internal practices with the notions of equity and social justice it has long advocated externally.
- However, significant challenges remain in expanding reservations to other marginalized groups, requiring clear frameworks and decisive leadership.
Eklavya Model Residential Schools (EMRS)
Why in News?
Recently, nearly 600 students from Eklavya Model Residential Schools (EMRS) across 12 states have successfully cleared top entrance examinations for undergraduate studies in medicine and engineering. This achievement highlights the effectiveness of the EMRS initiative, as reported by the Ministry of Tribal Affairs.
Key Takeaways
- EMRS aims to provide quality education to Scheduled Tribes students from Class 6 to 12.
- The program has been operational since 1998 and was revamped in 2018-19.
- The Ministry targets to establish 728 EMRSs by 2026 across the country.
Additional Details
- Eklavya Model Residential Schools (EMRS): These are co-educational residential schools designed for tribal students, providing education equivalent to that of Navodaya Vidyalayas.
- Infrastructure: EMRSs will include facilities such as classrooms, administrative blocks, hostels for boys and girls, playgrounds, and labs, catering to both academic and extracurricular needs.
- Curriculum: The schools follow the CBSE curriculum, and education is provided free of charge.
- Capacity: Each school can accommodate 480 students, with equal seats assigned for boys and girls. Non-ST students can occupy up to 10% of the total seats, and 20% of seats are reserved under the sports quota for deserving ST students.
- This initiative by the Ministry of Tribal Affairs aims to enhance educational opportunities for tribal students, helping them to compete effectively with the general population and access better career prospects.
North Eastern Region District SDG Index Report (2023-24)
Why in News?
The second edition of the North Eastern Region (NER) District Sustainable Development Goals (SDG) Index Report for 2023-24 was recently released by NITI Aayog. This report assesses the performance of districts across the eight North Eastern states in relation to the Sustainable Development Goals (SDGs).
Key Takeaways
- The SDG Index was developed by NITI Aayog in collaboration with the Ministry of Development of North Eastern Region (MoDoNER) and with technical support from UNDP.
- It builds upon the momentum of the initial edition released on August 26, 2021.
- The index categorizes districts into four classifications: Achiever, Front Runner, Performer, and Aspirant based on their scores.
- This report serves as a vital tool for monitoring development progress and aids in informed decision-making at the district level.
Categories of Districts
- Achiever: Score of 100, indicating that all targets for identified indicators have been met.
- Front Runner: Score between 65 and 99, excluding 100.
- Performer: Score between 50 and 65, excluding 65.
- Aspirant: Score less than 50.
Significance of the Index
- The 2023-24 Index marks a significant advance in monitoring at the regional level, reflecting a commitment to addressing various development challenges.
- It emphasizes the importance of ensuring that no one is left behind in the region's development journey.
- The report contains detailed analyses and recommendations aimed at accelerating progress towards achieving the SDGs by 2030.
Key Findings of the Index
- The composite scores for the 121 districts range from 58.71 in Longding, Arunachal Pradesh, to 81.43 in Hnahthial, Mizoram.
- All districts in Mizoram, Sikkim, and Tripura have achieved Front Runner status, with no districts classified as Aspirant or Achiever.
- Mizoram has both the highest-scoring district (Hnahthial at 81.43) and the lowest-scoring district (Longding at 58.71) in the entire Northeast region.
- Mizoram shows the smallest score variation (5.5 points) between its highest and lowest districts, indicating consistent performance.
- Both Mizoram and Nagaland have notable scores but also exhibit some variation (ranges of 13.72 and 15.07, respectively).
This index serves as a crucial framework for evaluating and fostering sustainable development in the North Eastern region, aiming to ensure inclusive progress across social, economic, and environmental landscapes.
Fostering a Commitment to Stop Maternal Deaths
Why in News?
The issue of maternal mortality in India has gained attention as the country experiences a decline in its Maternal Mortality Ratio (MMR). However, significant regional disparities persist, particularly in certain states that continue to grapple with healthcare infrastructure and access problems.
Key Takeaways
- India's MMR has decreased, but certain states still face high rates of maternal deaths.
- Kerala exemplifies effective maternal healthcare with a notably low MMR.
- Regional disparities exist, especially in Empowered Action Group (EAG) states, which show higher MMRs.
Additional Details
- Maternal Mortality Ratio (MMR): The ratio represents the number of maternal deaths per 100,000 live births. In India, MMR has fallen from 103 (2017-19) to 93 (2019-21), yet considerable differences remain between states.
- States like Kerala exhibit robust healthcare systems resulting in an MMR as low as 20, while others like Madhya Pradesh (175) and Assam (167) show alarming figures.
- Three Delays in Maternal Care:
- Delay in Decision-Making: Families often fail to recognize danger signs during pregnancy, leading to delays in seeking help.
- Delay in Reaching a Facility: Poor transportation options hinder timely access to skilled care.
- Delay in Receiving Care: Even upon reaching a healthcare facility, delays in treatment due to staff shortages and lack of essential resources can lead to avoidable deaths.
- First Referral Units (FRUs): These are designated health facilities equipped to provide emergency obstetric and newborn care. The effectiveness of FRUs is hampered by staffing shortages and inadequate infrastructure.
To reduce maternal deaths, it is crucial to strengthen healthcare infrastructure, particularly in FRUs, ensure the availability of specialists, and implement effective transport systems. Learning from Kerala's model of maternal health can provide essential insights for improving the situation nationwide.

Why in News?
India is experiencing a transformative shift in its sports landscape, driven by an ambitious plan to host the 2036 Olympics and a renewed commitment to sports development. Central to this movement is the recently launched Khelo Bharat Niti 2025, a groundbreaking national sports policy aimed at integrating sports into India’s development journey, with a particular focus on football, diaspora talent, and educational alignment.
Key Takeaways
- Khelo Bharat Niti 2025 aims to position sports as a key pillar in India's development.
- The policy includes a comprehensive framework for football development with five strategic pillars.
- There is a focus on utilizing talent from the Indian diaspora to enhance the national football team.
Additional Details
- Five-Pillar Approach:The policy emphasizes the following pillars for football development:
- Sports Excellence: Enhancing the global image of India’s national football team.
- Sports for Social Development: Using football to promote inclusion and social growth.
- Sports for Economic Growth: Leveraging football to create jobs and stimulate economic activity.
- Sports as a People’s Movement: Encouraging community participation in sports.
- Sports in Education: Integrating football into school curricula.
- OCI Talent: The policy acknowledges the potential of Overseas Citizens of India (OCI) to contribute to the national team, despite legal challenges regarding dual citizenship.
- Integration with Education: Schools are pivotal in the development pipeline for young footballers, aligned with the National Education Policy (NEP).
The Khelo Bharat Niti 2025 represents a strategic shift in how India approaches sports, particularly football, by fostering a grassroots revolution and integrating sports with education. This policy offers hope for a more inclusive and prosperous future for Indian football.
Why in News?
India’s healthcare system has undergone significant transformation from 2014 to 2025, fueled by strategic policy interventions, heightened political commitment, increased funding, and innovative technology solutions. These initiatives aim to develop a healthcare system that is affordable, accessible, equitable, and of high quality, in line with the UN Sustainable Development Goals (SDG-3) and national objectives under Ayushman Bharat and the National Health Mission (NHM).
Key Takeaways
- Substantial improvements in healthcare infrastructure and accessibility.
- Significant decline in maternal and infant mortality rates.
- Increased government health expenditure and reduced out-of-pocket expenses.
- Introduction of innovative healthcare programs and digital solutions.
Additional Details
- Healthcare in 2014 - Challenges and Gaps:
- Deficiencies in infrastructure, including a shortage of primary health centers (PHCs) and diagnostic facilities.
- Human resource crisis with inadequate healthcare professionals.
- Issues with service quality, including limited access and high out-of-pocket expenses (OOPE).
- Vision Shift - From Illness to Wellness:
- Adoption of a proactive approach focusing on preventive and promotive care.
- Policy frameworks such as the National Health Mission driving systemic reform.
- Key Pillars of Transformation:
- Strengthening Primary Healthcare: Over 1.77 lakh Ayushman Arogya Mandirs established.
- Telemedicine Services: Initiatives like eSanjeevani and Tele-MANAS to provide remote consultations.
- Maternal and Child Health Improvements: Significant reduction in maternal mortality and infant mortality rates.
- Tackling Non-Communicable Diseases (NCDs): Mass screenings conducted for hypertension, diabetes, and cancer.
- Universal Immunization: Mission Indradhanush vaccinated millions, alongside disease elimination efforts for polio and malaria.
- Healthcare Financing and Affordability:
- Government health expenditure increased from 1.13% to 1.84% of GDP.
- OOPE reduced from 62.6% to 39.4%.
- Initiatives like the PM National Dialysis Programme benefitting millions.
- Infrastructure Expansion and Human Resource Development:
- PM Ayushman Bharat Health Infrastructure Mission launched to enhance health infrastructure.
- 5.23 lakh health workers added, including Community Health Officers bridging community and clinical services.
In conclusion, India's healthcare evolution from 2014 to 2025 illustrates a significant shift towards a wellness-focused system, supported by innovative policies and digital advancements. These foundations are crucial for achieving Universal Health Coverage (UHC) and the health-related Sustainable Development Goals (SDGs) by 2030.
CJI Assures ‘Complete Transparency’ in Collegium System
Why in News?
Recently, Chief Justice of India (CJI) B.R. Gavai emphasized that the collegium system will uphold merit, transparency, and inclusive representation, ensuring it remains unaffected by external influences.
Key Takeaways
- The collegium system is essential for judicial independence in India.
- It minimizes executive interference in the appointment of judges.
What is the Collegium System?
- About: The Collegium System governs the appointment and transfer of judges in the Supreme Court and High Courts of India.
- Origin: Developed by the Supreme Court itself, it is not specified in the Constitution.
- Purpose: To safeguard judicial independence by reducing the executive's role in judicial appointments.
Basis for Appointments
- Supreme Court Judges: Appointed by the President under Article 124, after consulting relevant judges from the Supreme Court and High Courts.
- High Court Judges: Appointments under Article 217 involve consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of the concerned High Court.
Structure of the Collegium
- Supreme Court Collegium: Comprises 5 judges, including the Chief Justice of India and the four senior-most judges of the Supreme Court.
- High Court Collegium: Consists of the two senior-most judges of that High Court.
Qualifications for Judges
- Supreme Court Judges:
- Must be an Indian citizen.
- Judicial Experience: At least 5 years as a High Court judge or 10 years as an advocate in one or more High Courts.
- Alternative Route: Distinguished jurists can be considered in the President’s opinion.
- High Court Judges:
- Must have held a judicial office for 10 years or practiced as an advocate for 10 years in a High Court.
- Must be enrolled with the Bar Council of India.
Evolution of the Collegium System
- First Judges Case (1981): The Supreme Court ruled that the executive had primacy in appointments, making the CJI's opinion non-binding.
- Second Judges Case (1993): Reinterpreted "consultation" to mean "concurrence," giving primacy to the judiciary.
- Third Judges Case (1998): Expanded the Collegium to five members on Presidential Reference, including CJI and four senior-most judges.
How Does It Work?
- Appointment of Chief Justice of India (CJI): The outgoing CJI recommends the next CJI based on seniority. The Law Minister forwards the recommendation to the Prime Minister, who advises the President.
- Appointment of Other Supreme Court Judges: The CJI initiates proposals after consulting Collegium members and the senior-most judge from the concerned High Court.
- Appointment of High Court Judges: Initiated by the High Court Chief Justice, approved by the Collegium, and forwarded via the state government to the Union Law Ministry.
Two Democracies and the Echoes of Tyranny
Why in News?
The recent reflections on the 1975 Emergency in India and its parallels with contemporary governance in the United States highlight the ongoing challenges to democratic integrity. The issues that led to the Emergency in India are now similarly threatening democracies across the globe, including the U.S. The key lesson is that tyranny can proliferate when essential institutions fail to uphold their responsibilities.
Key Takeaways
- The 1975 Emergency in India illustrates how constitutional vulnerabilities can be exploited to undermine democracy.
- Current global trends show a concerning resemblance to the tactics used during the Emergency, where legal frameworks are manipulated to suppress dissent.
Additional Details
- Constitutional Gaps in the 1975 Emergency: The vague definition of "internal disturbance" in Article 352 allowed the government to declare an Emergency without substantial justification. This ambiguity was later amended to "armed rebellion" by the 44th Amendment.
- Lack of Judicial Safeguards: The judiciary, including the Supreme Court, did not effectively protect fundamental rights. The ADM Jabalpur case (1976) demonstrated this failure by ruling that even the right to life could be suspended, indicating a significant weakness in judicial independence.
- Absence of Parliamentary Oversight: Once an Emergency was declared, there was no mandatory review or time limit, which enabled the executive to extend its powers without parliamentary questioning.
- Preventive Detention Laws: Laws like the Maintenance of Internal Security Act (MISA) allowed the government to detain individuals without trial, severely undermining personal freedoms.
The implications of the Emergency are still relevant today as many democracies face similar threats, emphasizing the need for vigilance against the erosion of democratic norms and institutions.
How Citizens Can Safeguard Democracy
- Active Civic Participation: Citizens should engage in democratic processes, including voting and peaceful protest, to hold leaders accountable.
- Demanding Transparency: Citizens must question government actions and seek accountability through various platforms.
- Promoting Constitutional Literacy: A well-informed public is essential for recognizing and resisting the erosion of democratic rights.
Way Forward
- Strengthening Institutional Independence: Key democratic institutions, like the judiciary and election commission, should be protected through legal safeguards.
- Promoting Civic Engagement: Nationwide campaigns should be launched to educate citizens on constitutional values and empower them to defend democracy.
Socialism, Secularism Are the Spirit of the Constitution
Why in News?
The Constitution of India embodies the ideals, struggles, and aspirations of a nation that emerged from an anti-colonial movement focused on justice, equality, and dignity. Among its core values are socialism and secularism, which are integral to the Constitution and not merely additions in the Preamble. Recent calls to remove these terms represent a deeper ideological challenge to the foundations of the Indian Republic.
Key Takeaways
- The demand to remove "socialist" and "secular" from the Preamble is a significant ideological move.
- These principles were incorporated during the 42nd Constitutional Amendment in 1976 but were already embedded in the Constitution's ethos.
- Socialism in India emphasizes social and economic justice rather than mere state ownership.
- Secularism in India promotes equal respect for all religions and is integral to the Constitution's fabric.
Additional Details
- Socialism: In India, socialism is a commitment to social and economic justice, aiming to reduce inequality and foster a welfare-oriented state. This is reflected in provisions for justice and equality within the Constitution, particularly in the Fundamental Rights and Directive Principles of State Policy.
- Secularism: Indian secularism is characterized by equal respect for all religions, allowing citizens to freely practice their faith. This principle was evident even before the 42nd Amendment, showcasing a commitment to liberty and fraternity.
- The Supreme Court has upheld secularism as part of the Constitution's basic structure, emphasizing its foundational role in Indian democracy.
- Attempts to portray socialism and secularism as mere political impositions ignore their historical significance and the conscious commitment to these values during the framing of the Constitution.
- The demand to remove these terms reflects a broader ideological agenda that seeks to challenge the inclusive nature of the Indian Constitution.
The Constitution of India serves as a moral guide towards justice, liberty, equality, and fraternity. Socialism and secularism are not just decorative elements; they are essential pillars that uphold the essence of India's democracy. Any effort to diminish their significance is an attack on the nation's core values.
Child Adoption in India
Why in News?
In a significant development regarding adoption reforms, the Central Adoption Resource Authority (CARA) has announced that digitally certified adoption orders sent via e-mail are now legally valid under existing regulations.
Key Takeaways
- Adoption in India is regulated by multiple laws depending on the child's religion and status.
- CARA has a crucial role in overseeing adoption processes and ensuring compliance with legal standards.
Additional Details
- Legal Framework:Adoption in India is governed by various laws, including:
- Hindu Adoption and Maintenance Act (HAMA), 1956: Applicable to Hindus, Jains, Sikhs, and Buddhists.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Covers all religions, focusing on orphans, abandoned, and surrendered children.
- Guardians and Wards Act, 1890: Pertains to Muslims, Christians, Jews, and Parsis, allowing guardianship but not full adoption.
- Eligibility for Adoption:
- Children must be declared legally free by a Child Welfare Committee (CWC).
- Adoption can also occur for children who are relatives, stepchildren, or surrendered by biological parents.
- Adoptive Parents:Eligible individuals include Indian citizens, NRIs, OCIs, and some foreign nationals under strict guidelines, with specific criteria such as:
- Must be mentally, physically, and financially stable.
- Married couples need a stable relationship of at least two years, with a combined age not exceeding 110 years.
- Single women can adopt any child, but single men cannot adopt girls.
- There should be a minimum age gap of 25 years between the adoptive parent and the child.
- Couples with three or more children are generally not eligible unless adopting children with special needs.
- Adoption Process:The adoption process includes:
- Online registration on CARA's CARINGS portal.
- Submission of required documents and a Home Study Report.
- Counseling sessions conducted by licensed agencies.
- Matching of child and parents, followed by a foster care phase.
- Issuance of adoption orders by the District Magistrate after the 2021 amendment.
- Two-year follow-up by the adoption agency.
- Central Adoption Resource Authority (CARA):CARA serves as India's statutory body under the Ministry of Women and Child Development, responsible for:
- Regulating and overseeing both domestic and inter-country adoptions through licensed agencies.
- Ensuring compliance with laws and child rights standards.
- Operating the Child Adoption Resource Information and Guidance System (CARINGS) for tracking adoption progress and matching children with parents.
- Issuing No Objection Certificates (NOCs) and Conformity Certificates for international adoptions.
- Promoting in-country adoptions, especially for orphans and abandoned children, through awareness campaigns.
- Monitoring the well-being of adopted children through follow-up reports for two years.
- Expanding agency networks and overseeing foster-to-adoption transitions, particularly in Jammu & Kashmir.
In summary, CARA plays a vital role in facilitating and regulating the adoption process in India, ensuring that child rights are upheld while promoting domestic adoption.
Bihar’s Special Intensive Revision of Electoral Rolls
Why in News?
The Election Commission of India (ECI) is currently conducting a Special Intensive Revision (SIR) of the voter list in Bihar. This initiative has raised various political and social concerns, primarily due to its focus on verifying only "ordinary residents" and the very short deadline for completion, which ends on July 31.
Key Takeaways
- The ECI has allocated just one month for the revision process, deemed insufficient for thorough voter verification in Bihar.
- The emphasis on "ordinary residents" risks excluding temporary absentees, as per the Representation of the People Act, 1950.
- Migrant workers may face wrongful deletions from electoral rolls due to their absence for verification.
Additional Details
- Challenges for Migrant Voters: Many migrants are unable to be physically present in their home constituencies during the verification window, risking their eligibility. For instance, approximately 20% of Bihar’s electorate are migrants and may miss the July 31 deadline.
- Legal Definition of 'Ordinary Residence': It refers to the place where a person normally lives and intends to return. According to Section 19 of the Representation of the People Act, a person should be registered in the electoral roll of their ordinary residence, and temporary absence does not disqualify them.
- Gender Dynamics in Voter Turnout: The 2024 general election saw a higher turnout of female voters compared to male voters in Bihar, likely due to higher male absenteeism linked to migration.
This situation emphasizes the need for electoral reforms that can address the unique challenges faced by migrant voters, ensuring that all eligible citizens can participate in the democratic process without facing undue barriers.
Integrating Compassion, Prioritising Palliative Care
Why in News?
The need for effective palliative care in India is growing, as millions suffer from unnecessary physical and emotional pain without adequate access to proper medical support. Despite its importance in improving the quality of life for patients with terminal and chronic illnesses, palliative care remains severely underfunded and underutilized in the country.
Key Takeaways
- Palliative care addresses physical, emotional, social, and spiritual needs of individuals with serious illnesses.
- In India, only 1-2% of those needing palliative care actually receive it, highlighting systemic failures.
- Policy reforms and enhanced medical education are crucial for integrating palliative care into mainstream healthcare.
Additional Details
- Palliative Care: This specialized medical approach focuses on improving patient comfort and dignity rather than curing diseases. It is essential for enhancing quality of life at all illness stages, especially for those with terminal conditions.
- Systemic Challenges: Major challenges include a lack of trained professionals, inadequate funding, and public misconceptions about palliative care, which often leads to late-stage interventions.
- Way Forward: Initiatives must include integrating palliative care in medical curricula, expanding funding and public awareness, and leveraging community health workers to deliver care.
In conclusion, the integration of palliative care into India's healthcare framework is not just necessary but imperative. A comprehensive approach involving policy reforms, educational changes, and public awareness is essential for ensuring equitable access to palliative care, ultimately improving patient outcomes and alleviating the burdens on families and the healthcare system.
Under Fire: The State Must Enforce Compliance of Regulations in the Fireworks Industry
Why in News?
A tragic pattern continues to emerge in Tamil Nadu's firecracker industry, particularly in Virudhunagar district, where frequent explosions injure and claim the lives of workers. In the first half of 2025 alone, eight accidents have resulted in 26 fatalities, adding to a disturbing trend with 52 deaths in 2024 and 79 in 2023.
Key Takeaways
- Repeated accidents stem from unsafe handling of chemicals, improper storage, and lack of regulatory oversight.
- Existing safety regulations are inadequately enforced, leading to ongoing tragedies.
Additional Details
- Unsafe Handling of Chemicals: Many accidents occur from friction during the mixing or filling of explosive chemicals, which can easily ignite. For example, the 2025 Sattur explosion was attributed to friction during chemical filling.
- Improper Storage of Inflammable Materials: Fireworks units often store chemicals in unsafe conditions, exposed to direct sunlight and heat, violating safety norms such as the Explosives Rules, 2008.
- High Ambient Temperatures: The hot and dry climate of Virudhunagar, especially in summer, heightens the risk of spontaneous ignition.
- Negligence by Manufacturers: Many factory owners overlook safety protocols to save time and costs, putting worker safety at risk.
- Inadequate Regulatory Oversight: Despite being licensed by the Petroleum and Explosives Safety Organization (PESO), regulatory inspections remain infrequent or ineffective.
The safety regulations in India, governed by various acts such as the Explosives Act, 1884, and the Factories Act, 1948, are meant to regulate the licensing, safe storage, handling, and transport of explosives. However, weak enforcement, lack of stringent inspections, and absence of accountability continue to undermine these laws.
Worker Vulnerability and Risks
- Social and Economic Marginalization: Workers often come from poor, rural backgrounds, making them desperate for employment, even in unsafe conditions.
- Lack of Awareness and Training: Many workers have low literacy levels and receive little to no safety training, increasing the risk of mishandling chemicals.
- Weak Bargaining Power: Informal or unregistered setups leave workers unable to demand better safety measures or rights.
Way Forward
- Strict Enforcement of Regulations: Implement regular inspections and penalties for violations to ensure compliance with safety laws.
- Collaboration with Industry: Work with manufacturers to foster a culture of safety, similar to efforts that have successfully reduced child labor in the past.
- Support for Worker Protection: Establish social security, compensation, and rehabilitation for injured workers while promoting formal employment practices.
In conclusion, the persistent lack of enforcement and accountability in the fireworks industry highlights an urgent need for improved regulatory measures and stronger protections for workers. Without significant changes, the cycle of accidents and loss of life is likely to continue.
Madras High Court Quashes Unlawful Phone Tapping
Why in News?
The Madras High Court has made a significant ruling by quashing a phone-tapping order issued by the Union Ministry of Home Affairs (MHA) in 2011. This judgment highlights critical constitutional concerns, particularly regarding the right to privacy, and reinforces established legal precedents.
Key Takeaways
- The Court found that the phone tapping violated the fundamental right to privacy as per Article 21 of the Constitution.
- It emphasized that surveillance requires justification under "public emergency" or "public safety," which was not met in this case.
- The ruling builds on previous landmark cases such as PUCL (1997) and Puttaswamy (2017).
Additional Details
- Violation of Article 21 – Right to Privacy: The court ruled that phone tapping breaches privacy rights unless executed under legally established procedures. It clarified that covert surveillance for crime detection does not fit the exceptions of public emergency or safety.
- Case Background: The surveillance in question was authorized under Section 5(2) of the Indian Telegraph Act, 1885, due to allegations of bribery against an Income Tax officer. A writ petition was filed in 2018 challenging this order.
- Judicial Interpretation: Section 5(2) of the Indian Telegraph Act permits interception only in cases of public emergency or safety, and Rule 419-A requires a Review Committee's oversight, which was absent here.
- Supreme Court Precedents: The court referenced previous rulings, including PUCL v. Union of India (1997), which limited phone tapping under stringent conditions, and K.S. Puttaswamy (2017), which recognized privacy as a fundamental right.
This verdict is a crucial step in defending individual liberties against unauthorized state surveillance, clarifying the constitutional boundaries on executive powers in the context of modern surveillance technologies, and reinforcing the judiciary's role in protecting democratic freedoms in India.
AI & Copyright Law
Why in News?
Recently, two significant court rulings in the United States have favored tech companies involved in the development of generative AI. These decisions address whether training AI models using copyrighted content constitutes theft for the first time. Generative AI tools, such as ChatGPT and Gemini, rely on extensive datasets that include books, articles, and internet content for their training. Despite numerous lawsuits claiming copyright infringement against tech firms, the companies maintain that their use of this content is "transformative" and qualifies as "fair use."
Key Takeaways
- The court decisions support tech companies' claims regarding fair use in AI training.
- Both rulings highlight a growing legal acceptance of using copyrighted material in AI training, provided it serves a transformative purpose benefitting the public.
Additional Details
- Case 1: Writers vs Anthropic: In August 2024, writers Andrea Bartz, Charles Graeber, and Kirk Wallace Johnson filed a class action lawsuit against Anthropic, alleging that their pirated books were used without compensation to train AI, harming their livelihoods. The court ruled in favor of Anthropic, stating that their use fell under the doctrine of fair use, emphasizing the transformative nature of the AI's output.
- Key Quote: The judge remarked, "Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works… to create something different."
- Case 2: Writers vs Meta: Thirteen authors sued Meta, alleging that their copyrighted works were used to train the LLaMA language models, with the AI generating content derived from their texts. The court ruled in Meta's favor, stating that the plaintiffs did not prove market harm from LLaMA's use of their works.
- While affirming the transformative potential of AI, the judge noted that companies benefiting from AI should compensate original content creators, even if current uses qualify as fair use.
In conclusion, these rulings signify an important development in the legal framework surrounding AI, yet they do not resolve the fundamental copyright and ethical issues related to AI-generated content. Further legal challenges remain, particularly concerning how creators will be protected and the implications for their livelihoods as AI-generated content expands.
Empowering Governance with Outcome-Driven Data: A Path to Viksit Bharat
Why in News?
India is undergoing a transformation towards outcome-driven monitoring to enhance the effectiveness of governance. Several states are piloting innovative frameworks that utilize data to improve public service delivery.
Key Takeaways
- Transitioning from traditional bureaucratic practices to an outcome-oriented, citizen-centric approach.
- Current data usage focuses more on inputs than actual results in sectors like nutrition, education, health, and livelihoods.
- The introduction of the 4As framework aims to make data more actionable.
- States like Uttar Pradesh, Andhra Pradesh, Telangana, and Odisha are leading the way with innovative data systems.
Additional Details
- 4As Framework:This framework consists of four components:
- Ascertain: Identify critical outcomes that matter most.
- Assess: Conduct regular, low-burden assessments to track progress.
- Assist: Provide support to field workers through mentoring and training.
- Adapt: Modify strategies based on real-time feedback and citizen needs.
- State-Level Innovations: States are experimenting with systems like the NIPUN Bharat Mission and other pilot programs that integrate real-time data analysis to improve educational outcomes, resulting in significant improvements in foundational learning.
- The establishment of Data Analytics Units (DAUs) within planning departments is proposed for synthesizing data from multiple sources to inform policy decisions more effectively.
This shift towards a data-driven approach not only aims to enhance governance outcomes but also promotes a culture of accountability and responsiveness to citizen needs.
India’s Constitution - Secular in Spirit, Beyond the Word
Why in News?
The Vice President of India, Jagdeep Dhankhar, has recently criticized the inclusion of the terms “socialist” and “secular” in the Preamble of India’s Constitution, describing it as a "sacrilege to the spirit of Sanatan." These terms were introduced during the Emergency period through the 42nd Constitutional Amendment, which made significant alterations to the Constitution. While many of these changes were reversed by the 44th Amendment in 1978, the additions to the Preamble have remained unchanged.
Key Takeaways
- The Preamble serves as the vision statement of the Constitution, outlining its core values.
- The terms "socialist" and "secular" were added during the Emergency, reflecting the political context of that era.
- Judicial interpretations have affirmed the importance of these terms as fundamental features of the Constitution.
Additional Details
- Preamble: Originally described India as a “Sovereign Democratic Republic”, guaranteeing justice, equality, liberty, and fraternity to all citizens. The amendment introduced the phrases “Sovereign Socialist Secular Democratic Republic” and added the word “integrity” to emphasize national unity.
- Political Background: The 42nd Amendment was enacted during the Emergency (1975–1977) under Prime Minister Indira Gandhi, who sought to reshape the Constitution to reflect her political ideology.
- Socialist Addition: The inclusion aimed to align with Indira Gandhi's leftward shift, which included nationalization of banks and a focus on social welfare.
- Secular Addition: The rationale behind adding "secular" is debated; however, it was perceived as a response to rising political influences of groups like the Bhartiya Jan Sangh, reinforcing India's secular character.
- Judicial Endorsement: The Supreme Court has consistently upheld secularism as a basic feature of the Constitution, as seen in cases like Kesavananda Bharati (1973) and S.R. Bommai (1994).
- Recent Developments: In November 2024, the Supreme Court dismissed petitions challenging the inclusion of "secular" and "socialist," reaffirming these terms as reflective of values already embedded in the Constitution.
In conclusion, while the addition of "socialist" and "secular" during the Emergency was politically motivated, these terms have now become essential components of India's constitutional identity, supported by judicial interpretation and societal consensus.