The Supreme Court has referred to the Union government the question of whether schools imparting religious instruction should be classified under constitutional provisions for charitable or religious establishments, rather than as 'secular or professional' educational institutions. A petition by advocate Ashwini Kumar Upadhyay sought a declaration that institutions promoting any religion fall under Article 26(a) (freedom of religion rights) and not Article 19(1)(g) (right to profession) or Article 30(1) (minority educational institutions). The petition argues that religious instruction schools should be subject to public order, health, and morality restrictions, raising concerns about potential brainwashing of children in unregistered institutions, emphasizing national security and child safety.
- The Supreme Court has asked the government to consider classifying schools imparting religious instruction under 'freedom of religion' rights.
- The petition seeks to categorize these schools under Article 26(a) rather than Article 19(1)(g) or Article 30(1).
- The petitioner argues that religious instruction schools should be subject to restrictions based on public order, health, and morality.
The article highlights noise pollution as a pervasive and often tolerated issue in India, particularly in Tamil Nadu, exacerbated by events like cricket matches and political celebrations using pea whistles. Such noise levels (104-116 decibels) far exceed the safe threshold (85 decibels) and can cause hearing damage. Despite the Noise Pollution (Regulation and Control) Rules 2000, enforcement remains weak, partly due to political reluctance to police noise from festive occasions. The World Health Organization links significant disabling hearing loss to occupational noise and ranks noise as a major environmental cause of disability-adjusted life years lost in Europe. The author calls for political will to enforce existing rules and promote a culture of public sound that respects peace and health.
- Noise pollution is a pervasive and often tolerated problem in India, with levels frequently exceeding safe thresholds.
- Events like political celebrations and sports matches contribute significantly to high noise levels, posing health risks.
- The Noise Pollution (Regulation and Control) Rules 2000 exist but suffer from weak enforcement, especially for politically sensitive events.
Gopalkrishna Gandhi's article discusses King Charles III's speech to the U.S. Congress, highlighting the enduring democratic message of the Magna Carta. He emphasizes the charter's historical role in establishing the rule of law, protecting citizens' rights, and asserting the supremacy of ethics over politics. The Magna Carta limited arbitrary power, making the monarch subservient to law. Gandhi traces its influence through history, noting its citation by figures like Mahatma Gandhi and Eleanor Roosevelt, and its continued relevance for modern democracies in upholding checks and balances, ensuring fair legal processes, and promoting accountability of elected executives, even in contemporary India.
- King Charles III's reference to the Magna Carta in his U.S. Congress speech underscored its enduring democratic principles.
- The Magna Carta established the foundational principle of the rule of law, limiting arbitrary power and making the monarch subservient to legal processes.
- Historical figures such as Mahatma Gandhi and Eleanor Roosevelt cited the Magna Carta as a significant document for human rights and governance.
This explainer details the constitutional provisions and conventions governing the Governor's role in government formation, particularly in hung assemblies. It discusses the discretionary powers, the recommendations of various commissions (Sarkaria, Venkatachaliah, Punchhi), and concerns regarding the conduct of Governors. The article emphasizes the need to uphold constitutional propriety and democratic norms, especially regarding the invitation of the single largest party or pre-poll alliances and the floor test for proving majority, which is considered the ultimate test for a government's confidence.
- Article 164(1) states the Chief Minister is appointed by the Governor, and other ministers are appointed on the CM's advice.
- The Governor's discretionary powers are limited, primarily for identifying the person most likely to command the House's confidence.
- Commissions like Sarkaria, Venkatachaliah, and Punchhi recommend prioritizing pre-poll alliances and then the single largest party for government formation.
The Allahabad High Court ruled that provisions in a later law override inconsistent earlier court orders, reaffirming the supremacy of the Forest Rights Act (FRA) 2006. This decision struck down the District Level Committee's (DLC) rejection of forest rights claims by the Tharus of Palia Kalan Tehsil, which was based on a 2000 Supreme Court interim order. The ruling highlights the repeated disregard for the FRA, including eviction orders and denial of grazing rights, despite the Act's clear provisions. The FRA disallows eviction until verification is complete and recognizes grazing rights in all forests, overriding State laws like the Tamil Nadu Forest Act (TNFA) 1882.
- The Allahabad High Court reinforced the legal principle that later laws override inconsistent earlier court orders, upholding the Forest Rights Act (FRA) 2006.
- The ruling overturned the DLC's rejection of forest rights claims by the Tharus tribal community, which was based on an outdated Supreme Court order.
- The FRA prohibits eviction of forest dwellers until their claims are verified and recognizes grazing rights in all forest areas.
The article discusses whether the Prime Minister's April 18 broadcast, aired live on Doordarshan, Sansad TV, and All India Radio, violated the Model Code of Conduct (MCC) during the election period. The MCC prohibits the party in power from using public resources and government machinery for campaigning. The broadcast raised questions under both the MCC and Sections 123(3) and 123(7) of the Representation of the People Act, 1951, regarding corrupt practices and assistance from government servants. While Section 123(3) focuses on appeals based on religion, race, caste, community, or language, Section 123(7) addresses the procurement of government servants' assistance. The Election Commission's inaction on the complaints has been highlighted.
- The Prime Minister's broadcast on public media during elections raised questions about MCC violation.
- The MCC prohibits the misuse of public resources and government machinery for partisan campaigning.
- Relevant legal provisions include Sections 123(3) and 123(7) of the Representation of the People Act, 1951.
The Supreme Court has expressed concern over the potential misuse of welfare benefits by individuals falsely claiming transgender identity. This arose during hearings on petitions challenging the Transgender Persons (Protection of Rights) Amendment Act, 2026. The Act requires a government-appointed medical Board's recommendation for certification, which petitioners argue removes the right to self-identification and violates their rights. Chief Justice Surya Kant questioned the danger of such masquerading for reservations or privileges, while a senior advocate stated the risk of faking identity was minimal. The court issued notice to the Centre and States, noting the Act is not yet notified.
- The Supreme Court is examining the potential for misuse of welfare benefits by individuals falsely identifying as transgender.
- Petitions challenge the Transgender Persons (Protection of Rights) Amendment Act, 2026, for removing self-identification and requiring medical board certification.
- Petitioners argue the Act disregards authentic human identity and violates rights.
The article highlights the growing threat of online censorship in India, with the government allegedly misusing IT Rules, 2021, and Sections 69A and 79(3)(b) of the IT Act, 2000, to take down content and accounts. This practice, often under the guise of fighting AI-generated content, is seen as silencing independent voices and distorting public discourse to benefit the ruling party. The author criticizes the lack of transparency in takedown data and the pressure on social media platforms to comply automatically. The piece also mentions the Sahyog portal, which police officials use for takedown requests, and the disregard for Supreme Court precedents like Shreya Singhal vs Union of India.
- The Union government is accused of misusing IT Rules, 2021, and specific sections of the IT Act, 2000, for online censorship.
- Censorship practices are seen as a threat to free expression, silencing independent voices, and distorting public discourse.
- The Sahyog portal is criticized for supercharging takedown requests from police officials, bypassing proper legal scrutiny.
The election for the next UN Secretary-General is underway, with four candidates presenting their visions to the General Assembly. The Secretary-General, as the UN's Chief Administrative Officer and "chief diplomat," holds a crucial role in overseeing the Secretariat, addressing global peace and security threats, and acting as the world's conscience. The selection process involves appointment by the General Assembly upon the Security Council's recommendation, giving permanent members significant influence. Key considerations include regional rotation, with this turn designated for Latin America and the Caribbean. This election is critical as the UN faces deep financial and political crises, including Security Council paralysis and funding shortfalls. Candidates' priorities include preventive diplomacy, UN reform, gender parity, and addressing global conflicts and sustainable development goals.
- The election process for the next UN Secretary-General is ongoing, with candidates presenting their platforms to the General Assembly.
- The Secretary-General serves as the UN's Chief Administrative Officer and "chief diplomat," responsible for global peace, security, and sustainable development.
- The appointment is made by the General Assembly based on the Security Council's recommendation, granting permanent members significant sway.
Union Home Minister Amit Shah visited Leh to attend the first international exposition of holy relics of Lord Buddha on Buddha Purnima. This visit, his first since protests over demands for statehood and Sixth Schedule inclusion, aims to motivate development in Ladakh. The Centre has announced May 22 for resuming Delhi-Ladakh talks with the Leh Apex Body and Kargil Democratic Alliance, following earlier roadblocks and the arrest of climate activist Sonam Wangchuk. Meanwhile, five new districts have been created in the region. The holy relics of Tathagata Buddha will be on public display from May 1 to 15 across Leh and Zanskar. Local bodies also expressed strong objections to proposed power sector changes, specifically the formation of a Joint Venture.
- Union Home Minister Amit Shah visited Leh to attend the first international exposition of Lord Buddha's holy relics on Buddha Purnima.
- The visit is significant as it is Shah's first since protests erupted over demands for statehood and inclusion in the Sixth Schedule for Ladakh.
- Talks between the Centre and Ladakh's representative bodies are set to resume on May 22, following previous disruptions and the arrest of activist Sonam Wangchuk.
Public Interest Litigation (PIL) emerged in the 1970s to widen access to justice for marginalized groups by relaxing locus standi rules. However, concerns about its misuse and judicial overreach have led to calls for reconsideration, particularly from the Union government. Anuj Bhuwania argues for PILs to be invoked by directly affected parties or those with clear interest, while Talha Abdul Rahman advocates retaining relaxed locus standi due to persistent structural barriers to justice. Both acknowledge the challenges of complex, polycentric disputes and the risk of judicial overreach. The discussion also covers "ambush PILs" and the need for clearer guidelines on the role of amicus curiae and reforms to strengthen PIL jurisdiction by focusing on challenging laws or executive actions rather than policy choices.
- Public Interest Litigation (PIL) originated in the 1970s to enhance justice access for the marginalized by relaxing traditional locus standi rules.
- Concerns regarding PIL misuse, judicial overreach, and "agenda-driven litigation" have prompted calls for its reconsideration.
- Experts debate whether PILs should be restricted to directly affected parties or continue with relaxed standing rules given ongoing barriers to justice.
The Union Finance Ministry has cautioned that states with revenue deficits and high debt burdens will struggle with fiscal shocks, potentially forcing them to reprioritise expenditure or seek more central funds. A report for April indicates nine out of 18 large states are projected to be in revenue deficit by 2026-27. Revenue deficit occurs when recurring expenditures like salaries, pensions, and subsidies exceed earned revenue. These states are constrained by debt servicing obligations, with some spending over 15% of revenue receipts on interest payments. Punjab has the highest projected ratio at 22.8%. States with both revenue deficits and high liabilities have less fiscal flexibility.
- The Union Finance Ministry has cautioned that states with revenue deficits and high debt burdens are vulnerable to fiscal shocks.
- Nine out of 18 large states are projected to be in revenue deficit by 2026-27, according to the Monthly Economic Review for April.
- A revenue deficit arises when recurring expenditures surpass revenue from taxes and fees.
Fresh petitions before the Supreme Court seek to extend the "creamy layer" principle to SC/ST reservations, based on a misreading of the 2024 Davinder Singh judgment. The article, by Prannv Dhawan and Vignesh Karthik K.R., argues that this revives the debate on whether income can serve as a proxy for caste-based disadvantage. The creamy layer principle, introduced in Indra Sawhney v. Union of India (1992) for OBCs, initially focused on status, not income. Extending it to SC/STs, as Ambedkar warned, is problematic because economic progress does not erase social burdens. The Davinder Singh judgment authorized sub-classification within SC lists to direct benefits to the most marginalized, which is distinct from creamy layer exclusion.
- New petitions seek to apply the "creamy layer" principle to SC/ST reservations, citing the 2024 Davinder Singh judgment.
- The article argues that using income as a proxy for caste-based disadvantage for SC/STs is constitutionally and sociologically indefensible.
- B.R. Ambedkar had warned against excluding wealthy or educated untouchables, stating that economic progress does not remove social discrimination.
The Rajya Sabha Secretariat has updated its list of members, confirming the merger of seven Aam Aadmi Party (AAP) MPs with the Bharatiya Janata Party (BJP). Chairman C.P. Radhakrishnan accepted their request to switch sides, increasing the BJP's strength in the Upper House to 113. AAP's Rajya Sabha leader Sanjay Singh has filed a petition seeking their disqualification, arguing the move violates the anti-defection law. However, the Chairman's decision to accept the 'merger' was not surprising to opposition leaders, who noted the delay in formal acceptance.
- The Rajya Sabha Chairman accepted the merger of seven Aam Aadmi Party (AAP) MPs with the Bharatiya Janata Party (BJP).
- This merger increases the BJP's strength in the Upper House to 113, while the Congress remains with 29 members.
- AAP has filed a petition seeking the disqualification of these MPs, citing a violation of the anti-defection law.
Draft amendments to India's Information Technology Rules, released in March 2026, are raising concerns about increased executive control over online speech. Rule 3(4) would require platforms to comply with informal government directives, risking broad over-censorship. Amendments to Rule 8 extend state oversight to ordinary users posting news, a move previously challenged in courts. Expanded data retention obligations also raise privacy concerns. Critics argue these changes dilute constitutional safeguards, bypass legislative scrutiny, and could narrow India's digital public sphere, shifting the balance from regulation to overreach.
- Draft amendments to India's Information Technology Rules (March 2026) are criticized for expanding executive power over online speech.
- Rule 3(4) would mandate platforms to comply with informal government directives, potentially leading to broad over-censorship.
- Amendments to Rule 8 extend state oversight to ordinary users who post news and current affairs content, a provision previously challenged in High Courts.
The Election Commission of India (ECI) is under scrutiny for removing lakhs of voters from electoral rolls using the term 'logical discrepancy' during its Special Intensive Revision (SIR) exercise, particularly in West Bengal and Bihar. Critics argue the ECI is exceeding its constitutional powers by demanding specific documents for citizenship proof, a responsibility of the Union Home Ministry. The article also highlights that conducting intensive revisions close to elections deviates from legal provisions, which mandate summary revisions during such periods, raising concerns about the fairness of elections.
- The Election Commission of India (ECI) has been criticized for removing lakhs of voters from electoral rolls using 'logical discrepancy' during its Special Intensive Revision (SIR).
- The ECI is accused of exceeding its jurisdiction by determining citizenship proof, a power vested in the Union Home Ministry.
- The SIR process, particularly its timing close to elections, deviates from legal provisions that mandate summary revisions during election periods.
Seven Aam Aadmi Party (AAP) Rajya Sabha members announced their merger with the Bharatiya Janata Party (BJP), a move accepted by the Rajya Sabha Chairman. This increases the BJP's strength to 113, giving the National Democratic Alliance a majority. The incident highlights the 'institutionalised defanging' of the anti-defection law (Tenth Schedule), as the merger exception requires two-thirds of the legislative party's concurrence, not just members crossing over. AAP has challenged this in court, arguing a violation of the anti-defection law.
- Seven Aam Aadmi Party (AAP) Rajya Sabha members merged with the Bharatiya Janata Party (BJP), increasing BJP's strength in the Upper House.
- The Rajya Sabha Chairman accepted the merger, leading to the National Democratic Alliance gaining a majority.
- The incident raises concerns about the 'institutionalised defanging' of the anti-defection law, enshrined in the Tenth Schedule of the Constitution.
The Special Intensive Revision (SIR) of India's electoral roll has significantly reduced the number of electors, reversing the previous trend of continuous growth. This exercise, which has covered 13 States and Union Territories, has seen the electorate drop by nearly six crores, with a projected national total of around 90 crore after completion. The reduction is primarily due to the removal of ASDD names (absent, shifted, dead, or duplicate) and non-traceability. While strengthening the accuracy of the roll, the SIR process has shifted the burden of proof to citizens, making it akin to re-earning the franchise for some. The Election Commission aims to ensure inclusivity for all eligible citizens, including youth and migrants, despite the focus on deletions.
- The Special Intensive Revision (SIR) has led to a significant reduction in India's electoral roll, reversing its growth trend.
- The primary reason for the reduction is the removal of ASDD (absent, shifted, dead, duplicate) names and non-traceability.
- The SIR process has placed the burden of proof on citizens, making it challenging for some to retain their franchise.
The Aam Aadmi Party (AAP) has petitioned Rajya Sabha Chairman C.P. Radhakrishnan to disqualify seven MPs who quit AAP and merged with the Bharatiya Janata Party (BJP). AAP leader Sanjay Singh stated that the move by the Raghav Chadha-led group violates the anti-defection law (10th Schedule). The party argues that the law requires the 'original party' to merge, which AAP has not done, making a case for disqualification. Six of the seven defecting MPs were from Punjab, and Punjab CM Bhagwant Mann has also sought their removal through the 'Right to Recall'.
- AAP has petitioned the Rajya Sabha Chairman for the disqualification of seven MPs who defected to BJP.
- The party argues that the defection violates the anti-defection law (10th Schedule).
- The defecting group claims to have the required two-thirds strength to avoid disqualification.
Discussions between the Union Home Ministry and civil society bodies in Ladakh will resume on May 22. The talks will focus on demands for Statehood and inclusion of the Union Territory in the Sixth Schedule of the Constitution. This announcement by Ladakh Lieutenant-Governor Vinai Kumar Saxena ends an impasse and precedes Union Home Minister Amit Shah's visit to Ladakh. The sub-committee on political dialogue aims for a constructive democratic dialogue to meet the aspirations of Ladakh's people, addressing their long-standing demands.
- Talks between the Union Home Ministry and Ladakh civil society bodies will resume on May 22.
- The primary demands are Statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution.
- The announcement was made by Ladakh Lieutenant-Governor Vinai Kumar Saxena.
Seven Aam Aadmi Party (AAP) Rajya Sabha MPs joined the Bharatiya Janata Party (BJP), raising questions about disqualification under the anti-defection law (Tenth Schedule). The law disqualifies legislators who voluntarily relinquish party membership or defy party directions. While the 'split' exception was removed in 2003, the 'merger' exception (Paragraph 4) remains. A valid merger requires the original political party to merge with another, and the decision must be backed by at least two-thirds of the legislature party. The Supreme Court endorsed a conjunctive reading for the 'split' exception, but the Bombay High Court adopted a disjunctive reading for 'merger,' allowing a 'deemed' merger if two-thirds of the legislature party agrees, even without national party approval.
- Seven AAP Rajya Sabha MPs joining BJP brings the anti-defection law into focus regarding potential disqualification.
- The Tenth Schedule of the Constitution aims to curb floor-crossing by elected representatives.
- The 'split' exception (Paragraph 3) was removed by the 91st Constitutional Amendment in 2003.
Ashok Kumar Lahiri, an economist and MLA from West Bengal, has been appointed as the new Vice-Chairperson of NITI Aayog. He replaces Suman K. Bery, who held the position since May 2022. Lahiri, a former Chief Economic Adviser, joins a re-constituted panel that includes K.V. Raju, M. Srinivas, Abhay Karandikar, Gobardhan Das, and Rajiv Gauba as full-time members. Prime Minister Narendra Modi, who is the Chairman of NITI Aayog, expressed confidence that Lahiri's efforts will further energize policymaking and foster cooperative federalism, enhancing ease of living in India.
- Ashok Kumar Lahiri has been appointed as the new Vice-Chairperson of NITI Aayog.
- He is an economist and an MLA from West Bengal, previously serving as Chief Economic Adviser.
- Lahiri replaces Suman K. Bery, who held the post since May 2022.
The Supreme Court questioned the Directorate of Enforcement (ED) on whether it was arguing for a "breakdown of constitutional machinery" in West Bengal, momentarily pausing the agency's rejoinder against Chief Minister Mamata Banerjee and State police officers. The ED had alleged violations of the rule of law during a raid related to a coal smuggling case, citing a "well-established pattern" of violations by the Chief Minister and the ruling Trinamool Congress. Solicitor-General Tushar Mehta clarified that the ED was not arguing for Article 356 (President's Rule) but rather asserting the fundamental rights of its officials to equality before the law.
- The Supreme Court questioned the ED's argument regarding a "breakdown of constitutional machinery" in West Bengal.
- The ED's submissions highlighted a "well-established pattern" of rule of law violations by the Chief Minister and State police.
- Solicitor-General Tushar Mehta clarified that the ED was asserting fundamental rights of its officials, not seeking President's Rule.
India's informal urban workforce, comprising about 90% of total employment, faces extreme precariousness due to the transformation of urban production systems. Cities have shifted from industrial hubs to centers of social reproduction, leading to fragmented labor and precarious living conditions. Key challenges include land tenure insecurity, high cost of living, and limited access to formal banking, exacerbated by the privatization of essential services and gentrification, influenced by the Washington Consensus. The article calls for building strong intersectionalities between organized trade unions and informal sector workers to address these systemic vulnerabilities.
- India's informal urban workforce, constituting 90% of total employment, faces extreme precariousness.
- The shift in urban production systems from industrial to social reproduction has led to fragmented labor and precarious living conditions.
- Informal workers suffer from land tenure insecurity, high cost of living, and limited access to formal financial services.