The article critiques the use of criminal law, specifically FIRs, to suppress artistic expression that may offend certain groups. Using the example of the film 'Ghooskhor Pandat', it highlights how executive actions often bypass judicial scrutiny to flatten public debate. It emphasizes that Article 19(1)(a) of the Constitution protects speech even when it is unwelcome to powerful groups. The piece argues that the state bears the burden of specificity when imposing restrictions under Article 19(2) and should prioritize judicial relief over coercive executive measures to maintain democratic values.
- Article 19(1)(a) protects speech precisely because it can be unwelcome to powerful groups.
- Restrictions imposed by the state under Article 19(2) must be proportionate and specific.
- Courts distinguish between speech that merely offends and speech that leads to violence or disorder.
The Jammu and Kashmir government has officially abandoned a 17-year-old resettlement plan for Dal Lake dwellers, which had achieved only 27% progress since its inception in 2009. Originally conceived to relocate 9,000 families to preserve the lake's ecosystem, the project faced implementation hurdles and a lack of basic infrastructure at resettlement sites. The government has now shifted to an 'in-situ conservation' model, where 58 existing hamlets within the lake will be developed as 'eco-hamlets.' This new approach, recommended by a high-level committee, recognizes dwellers as an integral part of the lake's vibrant ecosystem while focusing on sewerage networks and modular treatment plants.
- The original ₹416.72-crore resettlement plan was approved in 2009 but failed to meet its objectives over nearly two decades.
- The new policy replaces relocation with the development of 58 'eco-hamlets' within the water body.
- A high-level committee headed by the Divisional Commissioner of Kashmir recommended the shift, viewing dwellers as essential to the lake's character.
Stand-up comedian Kunal Kamra has moved the Bombay High Court to challenge the constitutional validity of the Union government’s ‘Sahyog’ portal. Launched in 2024, the portal is designed to automate and streamline the issuance of content take-down notices for unlawful online content on social media. Kamra argues that the portal and Rule 3(1)(d) of the IT Rules are unconstitutional and unreasonable assaults on freedom of speech. The petition claims the portal allows for information removal on vague grounds, profoundly impacting fundamental rights and the free flow of information in a democracy without adequate judicial oversight.
- The Sahyog portal is a centralized platform used to automate the take-down of unlawful social media content.
- The legal challenge argues that the portal violates fundamental rights, specifically the freedom of speech and expression under the Constitution.
- The petition targets Rule 3(1)(d) of the Information Technology (IT) Rules, which were amended in October 2025.
A recent explosion in an illegal rat-hole mine in Meghalaya, killing 18 workers, highlights the persistent failure of governance despite a 2014 National Green Tribunal (NGT) ban. Rat-hole mining remains prevalent due to local economic dependence, fragmented ownership, and weak enforcement. The article suggests that illegal mining must become socially expensive and operationally prohibitive. Proposed solutions include mandatory GPS tracking for coal carriers, satellite and drone monitoring, and community-based monitoring. Furthermore, the state should provide alternative livelihoods in sectors like horticulture and tourism to displace illegal mining as a primary income source for the local population.
- Rat-hole mining lacks engineered roofs and side-wall protections, making it prone to frequent collapses and fatal accidents.
- The National Green Tribunal (NGT) ordered a cessation of rat-hole mining in 2014, but enforcement remains weak due to local patronage.
- Illegal mining persists because of high local dependence on coal income and a lack of alternative employment opportunities in the region.
This article explores the controversy surrounding the Governor's address, following instances where Governors in states like Karnataka and Tamil Nadu skipped portions of their prepared speeches. Legal experts discuss Article 176, which mandates the Governor to address the legislature at the start of the first session each year. The address reflects the government's policies, and the Governor is constitutionally bound to read it as prepared by the State Cabinet. The debate touches upon whether this ceremonial formality should be scrapped or if the President should intervene under Article 160.
- Article 176 of the Constitution mandates the Governor to address the state legislature at the commencement of the first session annually.
- The Governor acts on the 'aid and advice' of the Council of Ministers; the address is a statement of the government's policy.
- Article 175 provides an alternative mechanism for the Governor to send messages to the House regarding pending legislation.
This article critiques the weakening of India's environmental laws and judicial oversight. It highlights recent Supreme Court judgments, such as Vanashakti vs Union of India (2025), which allegedly diluted retrospective environmental clearances. The author discusses the ecological significance of the Aravalli hills and the impact of infrastructure projects like the Char Dham highway on the Himalayas. The piece argues that the 'balancing act' between development and conservation often favors corporate interests, undermining Article 48A and Article 51A(g) of the Constitution, which mandate environmental protection.
- Recent judicial trends show a shift toward diluting ecological protection in favor of industrial and infrastructure development.
- The Aravalli hills serve as a vital ecological backbone for north-western India, aiding groundwater recharge and preventing desertification.
- The 'precautionary principle' and 'public trust doctrine' are being sidelined by lenient interpretations of environmental impact assessments.
Denotified, nomadic, and semi-nomadic tribes (DNTs) across India are demanding a separate column in the 2027 Census to ensure accurate identification and sub-classification. Historically labeled as 'criminal tribes' under the British-era Criminal Tribes Act of 1871 (repealed in 1952), these communities feel misclassified within existing SC, ST, and OBC categories. This misclassification hinders their access to targeted welfare schemes like SEED. Leaders argue that without a dedicated census entry and constitutional recognition, the backwardness of these nearly 1,200 communities will remain unaddressed. The Social Justice Ministry has recommended a separate schedule for DNTs to facilitate better resource allocation.
- DNTs are demanding a 'separate column' in the upcoming 2027 caste census for formal identity.
- The Criminal Tribes Act of 1871 originally classified these communities as 'addicted to crime.'
- The Idate Commission identified nearly 1,200 DNT communities, many of which are currently 'misclassified.'
The Union Budget 2026-27 emphasizes advanced technology sectors like AI and biopharma to achieve 'Viksit Bharat' by 2047. A significant shift is noted in expenditure, with revenue expenditure falling from 88% in 2014-15 to a projected 77% in 2026-27, while capital expenditure's share has increased. However, concerns remain regarding the buoyancy of tax revenues, particularly GST, which hasn't kept pace with GDP growth. The 16th Finance Commission (FC16) maintained the States' share in the divisible pool at 41% but reduced overall transfers by discontinuing revenue deficit grants. The path to a 3% fiscal deficit remains a critical goal for private investment growth.
- Revenue expenditure as a share of total expenditure is projected to drop to 77% in 2026-27 from 88% a decade ago.
- The 16th Finance Commission (FC16) has kept the vertical devolution to states at 41% of the divisible pool.
- Tax buoyancy for 2026-27 is projected at 0.8, which is below the desired benchmark of 1.0.
The Union government's first-ever enumeration of waste-pickers under the NAMASTE scheme reveals that 84.5% belong to Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC). Out of 1.52 lakh profiled workers, the majority are from these marginalized communities, while only 10.7% are from the General category. The NAMASTE scheme, originally for sewer and septic tank workers, now includes waste-pickers to formally recognize them and provide protective equipment. The goal is to eradicate hazardous cleaning practices and deaths, with 859 deaths reported since 2014 due to cleaning sewers.
- 84.5% of profiled waste-pickers are from SC, ST, or OBC communities, highlighting the intersection of caste and labor.
- The NAMASTE scheme aims to formally recognize and protect waste-pickers and sanitation workers through urban local bodies.
- The scheme's primary objective is to eradicate deaths due to hazardous cleaning of sewers and septic tanks.
Despite controversies regarding the misuse of funds, the Members of Parliament Local Area Development Scheme (MPLADS) remains a vital tool for local development. Launched in 1993, it allows MPs to recommend projects creating durable community assets like schools and roads. Critics argue the funds are poorly utilized, but data shows high utilization rates in previous Lok Sabhas (e.g., only 0.99% remained unused in the 14th Lok Sabha). The article suggests that instead of scrapping the scheme, improvements should focus on better guidance for MPs and transparency through geotagged images and public dashboards.
- MPLADS is a Central Sector Scheme fully funded by the Government of India since 1993.
- Each MP can recommend developmental projects worth ₹5 crore annually within their constituency.
- The scheme enables the creation of durable community assets like roads, schools, and water facilities.
The 16th Finance Commission has highlighted that power subsidies in Tamil Nadu flow disproportionately to higher-consumption households, labeling them as "regressive." Over 2.3 crore consumers in the state receive up to 100 units of free electricity bimonthly, regardless of their income or consumption levels. In contrast, states like Kerala, Goa, and Gujarat provide targeted access, restricting free power to specific groups like SC/ST or low-consumption households (under 30 units). The Commission suggests that such targeted arrangements allow states to support vulnerable populations with a relatively lower fiscal impact while improving their quality of life.
- Tamil Nadu's free power scheme is criticized for being non-targeted, benefiting high-income households as much as low-income ones.
- The 16th Finance Commission identified the scheme as 'regressive' because subsidies flow disproportionately to high-consumption households.
- States like Kerala, Goa, and Gujarat are cited as better models for restricting free power to specific vulnerable groups or very low usage tiers.
Thousands of tribal farmers from Palghar and Nashik districts in Maharashtra have organized long marches to demand land rights, employment, and irrigation. The core of the protest is the implementation of the Forest Rights Act (FRA), 2006. Tribals claim that many individual land claims have been rejected or that titles are issued in the name of the entire village rather than individuals, making them ineligible for government schemes. They are also demanding the completion of pending recruitments under the PESA Act and the diversion of west-flowing rivers to drought-prone tribal areas.
- The protests focus on the proper implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
- Over 45% of claims under the FRA in Maharashtra have been rejected, according to data accessed by The Hindu.
- Tribals are demanding that land titles be issued in individual names to facilitate access to institutional loans and government subsidies.
The 16th Finance Commission has recommended a record allocation of ₹7.91 lakh crore for local governments for the 2026-31 period, with a significant shift towards Urban Local Governments (ULGs). The share of local government grants for ULGs has been increased to 45%, up from 36% in the previous commission. This move aims to provide first-mile infrastructure and services for India's rapidly growing towns and cities. Kerala received the highest increase in allocation (over 400%), while some states like Himachal Pradesh and Arunachal Pradesh saw declines in their local body funding.
- Total local government allocation increased to ₹7.91 lakh crore from ₹4.36 lakh crore in the 15th FC.
- The share of grants specifically for Urban Local Governments rose from 36% to 45%.
- 60% of grants to ULGs are 'tied,' meaning they must be used for basic services like sanitation and water supply.
The Sixteenth Finance Commission (FC-16) has recommended maintaining the vertical devolution ratio—the States' share of Central taxes—at 41% for the 2026-31 period, despite States' demands for 50%. A significant change is the reworking of the 'tax effort' criterion into a broader 'contribution to GDP' measure, with its weight increased from 2.5% to 10%. While the Commission acknowledges the fiscal constraints of States, it has chosen a gradual approach to horizontal devolution to avoid abrupt shocks, resulting in only incremental gains for industrialized states like Tamil Nadu and Maharashtra while penalizing population growth.
- Vertical devolution remains at 41%, disappointing states that sought a 50% share to increase fiscal space.
- The 'contribution to GDP' criterion now carries a 10% weight to reward productive and efficient states.
- Demographic performance weight has been reduced, reflecting a shift away from penalizing population growth.
The Supreme Court of India has directed the Central government to constitute a tribunal within one month to adjudicate the long-standing water-sharing dispute between Tamil Nadu and Karnataka over the Pennaiyar River. The Bench, led by Justice Vikram Nath, invoked Section 5 of the Inter-State River Water Disputes Act of 1956. Tamil Nadu had approached the court in 2018, challenging Karnataka's construction of dams and diversion structures, arguing that inter-state river water is a national asset and no single state can claim exclusive ownership. The court emphasized the need for a formal adjudicatory body.
- The Centre must issue a notification for the tribunal's constitution within 30 days.
- The dispute centers on Tamil Nadu's objection to Karnataka's unilateral utilization of Pennaiyar river waters through new structures.
- The court's direction is based on the Inter-State River Water Disputes Act, 1956.
The Union Budget 2026 introduced the Viksit Bharat-Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB-RAM G) Act, 2025, which replaces the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005. The new scheme has been allocated ₹95,692.31 crore for the 2026-27 fiscal year. Additionally, ₹30,000 crore has been set aside to clear liabilities from the previous year's MGNREGS. The government aims to provide 125 workdays to all enrolled workers. However, experts suggest that an outlay of ₹2.3 lakh crore would be necessary to fully meet this commitment for all 8.65 crore active job card holders.
- The VB-RAM G Act, 2025, replaces the MGNREGA, 2005, as the primary rural job guarantee.
- Total allocation for the new scheme is approximately ₹95,692 crore for FY27.
- The government target is to provide 125 workdays per year to all enrolled workers.
The 16th Finance Commission (16th FC) has recommended maintaining the vertical tax devolution to States at 41%, a level consistent since 2021. Finance Minister Nirmala Sitharaman announced the government's acceptance of these recommendations in the Budget 2026 speech. Notably, the formula for horizontal distribution was adjusted, resulting in an increased share for five Southern States: Tamil Nadu, Kerala, Andhra Pradesh, Telangana, and Karnataka. The commission also recommended ₹1.4 lakh crore as grants for rural and urban local bodies and disaster management for the fiscal year 2026-27.
- Vertical devolution remains at 41% as per the 16th Finance Commission's recommendations.
- The horizontal distribution formula was tweaked, benefiting Southern States like Tamil Nadu and Karnataka.
- Total grants to states for local bodies and disaster management are set at ₹1.4 lakh crore for FY27.
The Supreme Court recently stayed the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, calling them 'too sweeping.' However, the legal analysis underscores that these rules stem from Article 15 of the Constitution, which mandates the State to remedy historical injustices faced by marginalized communities. While the draft rules aimed to address rising caste-based discrimination on campuses, critics argue they might lead to 'reverse discrimination.' The Court is examining whether the definition of discrimination in the rules has a reasonable link to the objective of promoting full equity in HEIs.
- Caste-based discrimination complaints in Higher Education Institutions (HEIs) have more than doubled in the last five years.
- Article 15(1) and 15(2) provide the constitutional basis for prohibiting discrimination and ensuring access to public services.
- The Sukanya Shantha case established the principle of substantive equality to correct historical injustices.
Chief Economic Adviser V. Anantha Nageswaran presented the Economic Survey 2025-26, charting a framework for a medium-term 'entrepreneur state.' The Survey highlights India's economic stability despite global flux but warns of risks like a 10-20% probability of a global crisis in 2026. It addresses the falling rupee, attributing it to capital flight to AI-developed nations rather than weak fundamentals. Key focus areas include developing 'strategic indispensability' in global supply chains, maintaining fiscal flexibility at the Centre, and cautioning States against fiscal populism and rising revenue deficits.
- The Survey proposes an 'entrepreneur state' model that is risk-taking and agile in policymaking.
- India aims to move from import dependence to 'strategic indispensability' in merchandise supply chains.
- While the Centre halved its fiscal deficit ratio in five years, many States face increasing revenue deficits.
The Union government has amended the New Drugs and Clinical Trials Rules, 2019, to replace mandatory licence requirements for non-commercial drug manufacture with a prior-intimation mechanism. This move aims to facilitate 'ease of doing business' and fast-track drug development by up to three months. Developers can now manufacture small quantities for research after notifying the Central Drugs Standard Control Organisation (CDSCO) via the SUGAM portal. While the industry welcomes the reduction in 'licence raj,' experts caution that the removal of regulations must not compromise quality control, citing recent fatal incidents involving substandard cough syrups as a warning against poor pharmaceutical oversight.
- Mandatory test licences for small-scale research drugs are replaced by a prior-intimation mechanism.
- The move aligns with the goal of improving ease of doing business in the pharmaceutical sector.
- Statutory processing time for high-risk psychotropic or narcotic drugs is reduced from 90 days to 45 days.
This analysis highlights the growing fiscal strain on Indian States due to inadequate Central tax devolution. Despite the 15th Finance Commission's 41% share recommendation, the effective flow is eroded by the Centre's increasing use of cesses and surcharges, which remain outside the divisible pool. Consequently, States are increasingly relying on State Development Loans (SDLs) to fund routine expenditures and welfare schemes. In 2024-25, SDLs accounted for 35% of Tamil Nadu's and 26% of Maharashtra's total revenue receipts. The editorial argues for bringing cesses into the divisible pool and reworking horizontal devolution criteria to give greater weight to tax effort and efficiency.
- States are increasingly dependent on State Development Loans (SDLs) for day-to-day spending needs.
- Cesses and surcharges are excluded from the divisible pool, reducing effective devolution to States.
- The 15th Finance Commission fixed the States' share at 41% of the divisible pool.
The Supreme Court has stayed the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026. Chief Justice Surya Kant observed that the regulations, which focus exclusively on caste-based discrimination against SC, ST, and OBC communities, might be 'regressive' and divide society. The court expressed concern that the rules fail to protect upper-caste or general-category students, particularly in cases of ragging where they might lack remedy. Until further examination, the 2012 regulations will remain in force. The bench emphasized the need for all-inclusive discrimination policies rather than an exclusive focus on specific castes to maintain unity in educational institutions.
- SC stayed the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, calling them 'too sweeping'.
- The court questioned if the policy is regressive after 75 years of forging a casteless society.
- Concerns were raised about the lack of remedy for general category students in ragging cases involving SC/ST seniors.
The Supreme Court is examining whether the Enforcement Directorate (ED) can file writ petitions in High Courts. The issue arose from a Kerala High Court ruling that upheld the ED's right to do so. The Kerala government argues that the ED is merely a department of the Union government, not a 'juridical person' with independent legal rights to maintain a writ petition. Conversely, the ED maintains it has statutory powers under the PMLA. The case involves the balance of power between Central agencies and State authorities, particularly regarding investigations into state-level officials.
- The core issue is whether the ED, as a government department, has the 'locus standi' to file writ petitions under Article 226.
- Article 32 allows citizens to move the Supreme Court for fundamental rights, while Article 226 gives High Courts broader powers.
- The Kerala government contends that the ED does not have independent legal rights vis-à-vis State governments.
A report by the Department of Personnel and Training (DoPT) shows that over 66% of Group C 'safai karmacharis' (sanitation workers) in the Union government belong to SC, ST, and OBC categories. Specifically, SCs make up 36.75%, STs 8.18%, and OBCs 21.15% of these roles. In contrast, Group A posts show lower representation: 14.2% for SCs, 6.54% for STs, and 19.14% for OBCs. The report highlights a trend shift where OBC representation in government jobs has increased from 21.57% in 2018-19 to 26.32% currently, while SC representation slightly declined.
- Over 66% of central government sanitation workers are from SC, ST, and OBC communities.
- OBC representation across all central government groups has risen to 26.32% from 21.57% in 2018-19.
- Group A posts (highest level) have 14.2% SC, 6.54% ST, and 19.14% OBC representation.