New
GS Foundation (P+M) - Delhi : 23rd March 2026, 11:30 AM GS Foundation (P+M) - Prayagraj : 15th March 2026 GS Foundation (P+M) - Delhi : 23rd March 2026, 11:30 AM GS Foundation (P+M) - Prayagraj : 15th March 2026

Current Affairs for 19 February 2026

Revised Draft of the Pesticide Management Bill, 2025

Context

The Central Government has released the revised draft of the Pesticide Management Bill, 2025, seeking suggestions from citizens and stakeholders, with the aim of reforming India's pesticide regulatory system.

pesticide-management-bill

Background: Pesticide Regulation in India

  • Pesticides in India are currently regulated under the Insecticides Act, 1968, and its associated rules, which were enacted nearly fifty years ago.
  • This law was enacted to meet the needs of a time when there was heavy reliance on chemical pesticides to increase agricultural production and limited awareness of their adverse effects on the environment and human health.

Problems with the Insecticides Act, 1968

  • Increasing proliferation of counterfeit and substandard pesticides
  • Adverse effects on human health, including toxicity and exposure-related illnesses, especially among farmers
  • Environmental damage and pollution of soil and water sources
  • Weak enforcement mechanisms and outdated regulatory measures
  • In light of these challenges, various governments have attempted to introduce new and comprehensive legislation to replace the Insecticides Act, 1968. Draft bills were introduced in 2008, 2018, and 2020, but they failed to become law.

About the Pesticides Management Bill, 2025

  • The Pesticides Management Bill, 2025 is the latest effort to modernize and streamline India's pesticide administration system.
  • The bill aims to systematically regulate the manufacture, import, export, storage, sale, distribution, and use of pesticides in the country.

Key objectives of the Bill

  • To reduce risks to humans, animals, and the environment
  • To ensure the safe and effective use of pesticides
  • To promote transparency, traceability, and accountability
  • To provide better services to farmers and improve ease of living
  • This Bill proposes to repeal the Insecticides Act, 1968, thereby establishing a new and modern legislative framework for pesticide regulation.

Institutional Arrangements under the Bill

Registration Committee

  • The Bill provides for the establishment of a Registration Committee by the Central Government, consisting of representatives from the following institutions:
  • Indian Council of Agricultural Research (ICAR)
  • Drugs Controller General of India
  • Ministry of Environment, Forest and Climate Change
  • Department of Chemicals and Petrochemicals
  • Any national-level toxicology research institute

Key Functions of the Committee

  • Registering pesticides
  • Reviewing safety-related issues
  • Investigating temporary bans imposed by states

Central Insecticides Board

  • The Bill also provides for the establishment of a Central Insecticides Board, which will have the following responsibilities:
  • Recommending pesticides to be covered under the Bill
  • Setting Good Manufacturing Practice (GMP) standards
  • Establishing guidelines for pesticide recalls
  • Developing Standard Operating Procedures (SOPs) for toxicity cases
  • Reviewing pesticides and their packaging Providing guidance for safe disposal

Role of State Governments

  • The proposed bill grants limited regulatory powers to state governments, allowing them to:
  • Temporarily ban the sale, distribution, or use of a pesticide or a specific batch.
  • This ban can be for a maximum period of one year.
  • However, any such order will be reviewed by a registration committee, and states will not have the authority to impose permanent bans or take independent punitive action. However, experts and civil society organizations have raised objections to this limited role.

Key Weaknesses and Concerns About the 2025 Draft

  • Although called a revised draft, the 2025 draft offers relatively few concrete improvements compared to the 2020 draft. Key concerns include:
  • Weak legislative wording: The bill only talks about “attempting to reduce risk,” not ensuring it.
  • Lack of criminal liability: There is no clear criminal responsibility for manufacturers and distributors in cases of misuse, poisoning, or environmental damage.
  • Limited state powers: State governments are unable to permanently ban hazardous pesticides.
  • No price control: There is no provision to address high pesticide prices and farmers' affordability.
  • Weak grievance redressal mechanism: There is a lack of a clear system for compensation and liability for affected farmers.
  • Experts believe that without strong enforcement and clear accountability, the bill will not ensure effective regulation.

Way Forward

  • The government has invited public comments and stakeholder feedback on the bill until February 2, 2026. This consultation process is considered crucial given the bill's long legislative history and the persistent concerns raised by farmers, public health experts, and environmental organizations.
  • Furthermore, the Bill is consistent with broader policy objectives, including:
  • Promoting organic and traditional pest control methods
  • Reducing dependence on hazardous chemical pesticides
  • Strengthening farmer confidence through regulatory transparency

Great Nicobar Mega Project Cleared by NGT: Strategic Imperatives Amid Ecological Concerns

Prelims: (Economics + CA)
Mains: (GS 2 – Governance & Federalism; GS 3 – Environment, Infrastructure & Internal Security)

Why in the News?

The National Green Tribunal (NGT) has approved the ₹81,000-crore Great Nicobar infrastructure project, citing its strategic importance and noting that environmental safeguards are in place.

The decision is significant as it may set a precedent for future strategically sensitive infrastructure projects in ecologically fragile regions.

The 166 sq km mega project seeks to transform Great Nicobar Island into a major strategic, maritime, and economic hub. However, the diversion of nearly 130 sq km of forest land and the felling of approximately one million trees have raised serious environmental and social concerns.

great-nicobar

Overview of the Great Nicobar Project

Great Nicobar Island spans approximately 910 sq km and houses India’s southernmost point, Indira Point.

The project aims to convert the island into a strategic gateway in the Indo-Pacific by developing:

  • Maritime infrastructure
  • Defence facilities
  • Urban settlement zones
  • Aviation and logistics networks

The total project area covers 166 sq km, making it one of India’s largest island development initiatives.

great-nicobar-project

Four Core Components of the Project

Integrated Township

  • Spread across approximately 149 sq km
  • Includes residential, commercial, tourism, logistics, and defence facilities
  • Designed to anchor long-term economic and strategic presence

Transshipment Port at Galathea Bay

  • Proposed at Galathea Bay
  • Intended to serve as a major maritime logistics hub
  • Located in an ecologically sensitive zone known for Leatherback turtle nesting and river outflow

Land reclamation of 2.98 sq km is planned for port infrastructure.

Civil and Military Airport

  • Dual-use international airport
  • Second aviation facility after INS Baaz
  • Requires acquisition of 4.2 sq km, affecting 379 families
  • Land reclamation of 1.94 sq km proposed

Power Plant

  • 450-MVA gas and solar-based facility
  • Occupies 0.39 sq km
  • Ensures energy reliability for the township and port operations

Estimated construction material requirement: 33.35 million cubic metres.

Implementation and Governance

  • Initially conceptualised by NITI Aayog
  • Being implemented by the Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO)
  • Pre-feasibility study prepared in 2021

The project represents a coordinated civil-military infrastructure strategy.

Strategic Significance

Geopolitical and Maritime Advantage

Great Nicobar lies close to the Malacca Strait, one of the world’s most critical maritime chokepoints. Around 94,000 vessels pass through the Strait annually, carrying nearly 30% of global traded goods and a substantial share of maritime oil trade.

Its location provides India a strategic vantage point in Indo-Pacific geopolitics.

Transshipment Hub Ambition

India aims to reduce reliance on foreign ports for transshipment.

Currently, India has one operational transshipment facility at Vizhinjam Port.

The proposed Galathea Bay port aims to compete with:

  • Colombo and Hambantota (Sri Lanka)
  • Port Klang (Malaysia)
  • Port of Singapore

Projected annual handling capacity: 14.2 million TEUs.

Strengthening Defence Infrastructure

The Andaman and Nicobar Command, India’s only tri-services command, has operated in Port Blair since 2001.

The project includes integrated defence facilities, enhanced airfields, surveillance systems, jetties, and logistics bases.

Environmental and Social Concerns

Large-Scale Forest Diversion

  • 130 sq km of forest diversion
  • Felling of nearly one million trees
  • Located within the Sundaland biodiversity hotspot

Biosphere and Wildlife Concerns

The island falls within the Great Nicobar Biosphere Reserve.

  • Galathea Bay Wildlife Sanctuary and a megapode sanctuary were denotified
  • Habitat of the endemic Nicobar megapode affected

Impact on Leatherback Turtles

Galathea Bay is a key nesting site for Leatherback turtles. Mitigation includes proposed alternative sanctuaries on nearby islands.

Impact on Indigenous Communities

Shompen Tribe

  • Semi-nomadic hunter-gatherers (~250 population)
  • Limited external contact
  • Highly vulnerable to ecological and demographic disruption

Nicobarese Community

  • Reside in settlements like Campbell Bay
  • Many displaced during the 2004 tsunami
  • Concerns over land rights and consent processes

Demographic Transformation

  • Current population: ~8,500
  • Projected rise to 6.5 lakh by 2050
  • Potential strain on ecology, freshwater resources, and social fabric

Significance

  • Enhances India’s maritime strategic footprint in Indo-Pacific
  • Positions India as a regional transshipment hub
  • Strengthens integrated civil-military infrastructure
  • Raises questions about environmental governance in fragile ecosystems
  • Tests balance between development and sustainability

The Great Nicobar project represents a critical case study in reconciling strategic imperatives with ecological prudence.

FAQs

1.What is the Great Nicobar Project?

It is a ₹81,000-crore mega infrastructure initiative aimed at developing Great Nicobar Island into a strategic maritime, defence, and economic hub.

2.Why is the project strategically important?

Its proximity to the Malacca Strait offers India a strategic advantage in maritime trade and Indo-Pacific geopolitics.

3.What are the main environmental concerns?

Large-scale forest diversion, impact on biodiversity hotspots, and threats to Leatherback turtle nesting sites.

4.Which indigenous communities may be affected?

The Shompen tribe and the Nicobarese community face potential ecological and demographic disruptions.

5.Who approved the project?

The National Green Tribunal approved it after reviewing environmental safeguards.

Sabarimala Entry Verdict Under Review: Supreme Court to Revisit 2018 Judgment

Prelims: (Polity & Governance + CA)
Mains: (GS 2 – Constitution, Judiciary, Social Justice & Governance)

Why in the News?

The Supreme Court of India has scheduled hearings from April 7 before a nine-judge Constitution Bench to consider review petitions against its 2018 verdict permitting women of all ages to enter the Sabarimala Temple.

The 2018 ruling had triggered widespread protests during the annual 41-day pilgrimage season and emerged as a politically sensitive issue in Kerala. While the Kerala government has maintained its position supporting women’s entry (as per its 2017 affidavit), the renewed hearings have gained significance amid the backdrop of upcoming Assembly elections.

sabarimala-entry

Sabarimala Temple: Overview and Traditions

Location

The temple is located within the Periyar Tiger Reserve in the Western Ghats of Kerala and is one of South India’s most prominent pilgrimage centres.

Deity

It is dedicated to Lord Ayyappa, believed in Hindu tradition to be the son of Lord Shiva and Mohini (the female avatar of Lord Vishnu).

Unique Religious Practice

Devotees undertake a strict 41-day penance (vratham) before the pilgrimage. The observance includes:

  • Celibacy
  • Abstinence from certain foods
  • Wearing simple attire
  • Spiritual discipline and austerity

Belief in Celibacy

Lord Ayyappa is worshipped as a Naishtika Brahmachari (eternal celibate deity).

Customary Entry Restriction

Traditionally, women between the ages of 10 and 50 (considered menstruating age) were restricted from entering the temple, based on the belief that their presence would violate the deity’s celibate character.

1990–91: Kerala High Court Upholds Women’s Entry Ban

The first major legal challenge arose in 1990, when a petition alleged that women of menstruating age were entering the temple contrary to custom.

In 1991, the Kerala High Court upheld the ban, ruling that:

  • The restriction was based on longstanding custom and usage.
  • It did not violate constitutional provisions.
  • The Travancore Devaswom Board must strictly enforce the prohibition.

This judgment remained in force for nearly three decades.

Supreme Court Intervention

In 2006, the Indian Young Lawyers Association filed a petition under Article 32 of the Constitution challenging Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965.

The petition argued that the restriction violated:

  • Article 14 (Right to Equality)
  • Article 15 (Prohibition of discrimination on grounds of sex)
  • Article 25 (Freedom of religion)
  • Article 51A(e) (Fundamental duty to renounce practices derogatory to women)

2018: Landmark 4:1 Constitution Bench Verdict

In September 2018, a five-judge Constitution Bench, by a 4:1 majority, struck down Rule 3(b) and allowed entry of women of all ages.

Key Observations

  • Custom cannot override fundamental rights.
  • Exclusion based on biological factors is discriminatory.
  • The temple did not qualify as a separate religious denomination entitled to exclusive protection under Article 26.

Justice Indu Malhotra dissented, holding that courts should not ordinarily interfere in essential religious practices unless they violate public order, morality, or health.

The verdict triggered widespread protests across Kerala and led to multiple review petitions.

2019: Reference to Larger Bench

Ahead of the 2019 pilgrimage season, the Supreme Court observed that the Sabarimala ruling may have broader implications for other religious practices across faiths.

The Court referred larger constitutional questions to a bench of at least seven judges but did not stay the 2018 judgment.

2020: Review Petitions Held Maintainable

In 2020, a nine-judge bench led by then Chief Justice S.A. Bobde held that the review petitions were maintainable.

The bench framed seven key constitutional questions, including:

  • Scope of judicial review in matters of essential religious practices
  • Interplay between Articles 25 and 26
  • Whether courts can determine theological matters
  • Balancing equality with religious freedom

The matter is now scheduled for substantive hearing.

Core Constitutional Debate

The case involves a delicate balance between:

  • Equality and non-discrimination (Articles 14 and 15)
  • Freedom of religion (Articles 25 and 26)
  • Judicial review and secular constitutionalism
  • Gender justice and social reform

The review proceedings may redefine how courts interpret “essential religious practices” and the limits of constitutional morality.

Significance

  • May reshape jurisprudence on religious freedom and equality
  • Clarifies the doctrine of essential religious practices
  • Impacts gender rights in places of worship
  • Sets precedent for future disputes involving faith and reform
  • Carries political and social implications in Kerala and beyond

The outcome could have far-reaching implications for the balance between constitutional values and religious autonomy in India.

FAQs

1.What was the 2018 Sabarimala judgment?

The Supreme Court allowed women of all ages to enter the Sabarimala Temple, striking down the age-based restriction as unconstitutional.

2.Why is the case being reviewed?

Multiple review petitions were filed challenging the 2018 verdict, raising broader constitutional questions about religious freedom and equality.

3.What constitutional provisions are involved?

Articles 14, 15, 25, and 26 are central to the debate.

4.What is the essential religious practices doctrine?

It is a judicial principle used to determine whether a practice is fundamental to a religion and therefore protected under Article 25 or 26.

5.What could be the impact of the upcoming hearing?

The decision may redefine the balance between gender equality and religious autonomy and set important precedents for constitutional law.

Digital Personal Data Protection Act Under Judicial Scrutiny: Privacy vs Transparency Debate Intensifies

Prelims: (Polity & Governance + CA)
Mains: (GS 2 – Constitution, Separation of Powers, Transparency & Accountability, Media Freedom)

Why in the News?

Three PILs have been filed in the Supreme Court challenging the constitutional validity of the Digital Personal Data Protection Act, 2023 (DPDP Act).

The petitioners argue that while the law seeks to protect digital privacy, certain provisions dilute transparency under the Right to Information Act, 2005, restrict investigative journalism, and expand state surveillance powers.

The Supreme Court has admitted the pleas, issued notice to the Centre, and referred the matter to a five-judge Constitution Bench. However, it declined to stay the Act.

DPDP-ACT-2023

1. Privacy vs Transparency: RTI Amendment at the Core

Amendment to Section 8(1)(j) of RTI Act

Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act.

Earlier Position:

  • Personal information could be denied only if:
    • It had no relation to public activity, OR
    • It caused an unwarranted invasion of privacy.
  • Crucially, disclosure was permitted if a “larger public interest” justified it.

Post-Amendment Position:

  • Broad exemption for “information which relates to personal information.”
  • Removal of the public interest override.

Petitioners’ Concerns

  • Public Information Officers (PIOs) lose discretion to balance privacy and public interest.
  • Asset disclosures, tender documents, file notings may become inaccessible.
  • Anti-corruption investigations could be hampered.

Critics argue that the amendment converts a qualified exemption into an absolute bar, potentially weakening participatory democracy.

2. Proportionality and the Puttaswamy Doctrine

The petitions rely heavily on the Supreme Court’s 2017 judgment in Justice K.S. Puttaswamy v. Union of India, which recognised privacy as a fundamental right under Article 21.

Proportionality Test Requirements:

  1. Legitimate State aim
  2. Rational nexus with objective
  3. Least restrictive means
  4. Procedural safeguards

Petitioners argue that:

  • A blanket exemption fails the “least restrictive means” requirement.
  • Removing public interest safeguards makes the provision “manifestly arbitrary.”
  • It creates an opaque category of information immune from scrutiny.

3. Impact on Journalism: Data Law vs Press Freedom

Journalists as “Data Fiduciaries”

Under the DPDP framework, journalists collecting personal data during investigations may be classified as “data fiduciaries.”

This imposes obligations such as:

  • Issuing notices
  • Seeking consent
  • Ensuring purpose limitation

Practical Concerns

  • Seeking consent from subjects under investigation is often impractical.
  • Withdrawal of consent may require erasure of data.
  • Post-publication verification could be disrupted.

Chilling Effect

  • Penalties up to ₹250 crore for non-compliance.
  • Fear of sanctions may deter investigative journalism.
  • Risk of limiting reporting in matters of public interest.

Petitioners argue this impacts Article 19(1)(a) (freedom of speech and expression).

4. Concerns Over State Power and Surveillance

Section 36: Government Access to Data

Section 36 authorises the Union government to demand information from any “data fiduciary.”

Petitioners claim:

  • Provision is vague and overbroad.
  • Lacks prior judicial authorisation.
  • No independent oversight mechanism.
  • No statutory appeal against government orders.

Risks Identified

  • Potential for mass data access.
  • Possible disclosure of journalistic sources.
  • Concentration of power in the executive.

The challenge raises concerns about balancing national security and individual liberty.

5. Independence of the Data Protection Board

The DPDP Act establishes the Data Protection Board of India.

Key Concern:

  • Appointment process dominated by executive officials.
  • Search-cum-selection committee comprises government secretaries and nominees.

Since the Board performs quasi-judicial functions (adjudication, penalties), critics argue that:

  • Executive dominance undermines separation of powers.
  • Conflict of interest arises as the State is the largest data collector.
  • Regulatory oversight over government actions may be compromised.

Constitutional Issues Involved

  • Article 14 – Equality before law
  • Article 19(1)(a) – Freedom of speech and press
  • Article 21 – Right to privacy
  • Doctrine of proportionality
  • Separation of powers

Significance of the Case

  • Defines the future relationship between privacy and transparency.
  • Clarifies limits of executive power in digital governance.
  • Impacts RTI jurisprudence and anti-corruption mechanisms.
  • Tests institutional independence of regulatory bodies.
  • Shapes India’s evolving digital constitutionalism.

FAQs

1. What is the core issue in the DPDP challenge?

The removal of the public interest override in the RTI Act and expanded executive powers under the DPDP Act.

2. Which Supreme Court judgment is central to the petitions?

The 2017 Puttaswamy judgment recognising privacy as a fundamental right.

3. Why are journalists concerned?

They may be treated as data fiduciaries, facing consent obligations and heavy penalties.

4. What is controversial about Section 36?

It allows the government to demand personal data without independent oversight or appeal.

5. Why is the Data Protection Board’s structure questioned?

Because executive dominance in appointments may affect its independence and impartiality.

Shahpur Kandi Dam Nears Completion: India Moves to Harness Ravi Waters

Prelims: (Economy + CA)
Mains: (GS 2 – India & Neighbourhood Relations; GS 3 – Infrastructure, Water Resources & Energy)

Why in the News?

India plans to block the surplus flow of the Ravi River to Pakistan as the long-delayed Shahpur Kandi Dam Project on the Punjab–Jammu & Kashmir border approaches completion.

The development assumes significance in the context of India’s utilisation of its share of eastern rivers under the Indus Waters Treaty (IWT).

shahpur-kandi-dam

Background and Treaty Context

The Indus Waters Treaty (1960) allocates the waters of:

  • Eastern Rivers (Ravi, Beas, Sutlej) → India
  • Western Rivers (Indus, Jhelum, Chenab) → Pakistan (with limited Indian usage rights)

Despite having full rights over the eastern rivers, India has historically been unable to fully utilise its allocated share, resulting in some surplus water flowing into Pakistan.

The completion of the Shahpur Kandi Dam is expected to help India optimise the utilisation of Ravi waters for irrigation and power generation.

Overview of the Shahpur Kandi Dam Project

The Shahpur Kandi Dam is located in Pathankot district, Punjab, downstream of the Ranjit Sagar Dam.

Key Features

  • Constructed on the Ravi River
  • Designed to harness water released from Ranjit Sagar Dam
  • Enables hydroelectric power generation
  • Facilitates irrigation in Punjab and Jammu & Kashmir

The project involves the construction of a dam and hydropower facilities to regulate and utilise surplus water.

Institutional and Financial Structure

  • Declared a National Project in 2008
  • Funding pattern:
    • Punjab Government: 80%
    • Central Government: 20%
  • Constructed by the Irrigation Department of the Government of Punjab

The project experienced delays due to inter-state disputes between Punjab and Jammu & Kashmir over water sharing and power allocation.

Strategic and Economic Significance

Optimal Utilisation of Eastern Rivers

The dam enables India to fully utilise its share of Ravi waters under the Indus Waters Treaty, reducing unutilised outflow to Pakistan.

Irrigation Benefits

  • Expansion of irrigation coverage in Jammu region
  • Increased agricultural productivity
  • Improved water security

Power Generation

The water released from Ranjit Sagar Dam will be used for hydroelectric generation at Shahpur Kandi, enhancing renewable energy capacity.

Strategic Signalling

In the backdrop of fluctuating India–Pakistan relations, efficient utilisation of treaty-allocated waters strengthens India’s strategic position without violating treaty obligations.

Inter-State and Federal Dimensions

The project underscores:

  • Centre–State coordination in infrastructure development
  • Resolution of interstate disputes over water and power sharing
  • Cooperative federalism in national projects

The eventual breakthrough in disputes allowed the project to resume construction after years of stagnation.

Significance

  • Enhances India’s compliance and utilisation under the Indus Waters Treaty
  • Strengthens irrigation and hydropower infrastructure
  • Promotes renewable energy generation
  • Reduces wastage of allocated river waters
  • Reinforces strategic water management in border regions

The Shahpur Kandi Dam represents a critical step in optimising eastern river resources while balancing development and treaty obligations.

FAQs

1.Where is the Shahpur Kandi Dam located?

It is located on the Ravi River in Pathankot district, Punjab, downstream of the Ranjit Sagar Dam.

2.Why is the project important under the Indus Waters Treaty?

It helps India fully utilise its allocated share of waters from the eastern rivers.

3.Who is funding the project?

Punjab contributes 80 percent of the cost, while the Central Government funds the remaining 20 percent.

4.What are the key benefits of the dam?

It provides irrigation support and hydroelectric power generation.

5.Why was the project delayed?

Delays occurred due to inter-state disputes between Punjab and Jammu & Kashmir regarding water sharing and power distribution.

Judicial Diversity & Appointments Reform: Constitutional Debate on Representation and Regional Benches

Prelims: (Polity & Governance + CA)
Mains: (GS 2 – Constitution, Judiciary, Governance & Social Justice)

Why in the News?

A Private Member’s Bill has been introduced in Parliament proposing constitutional amendments to promote diversity in judicial appointments and to establish regional benches of the Supreme Court of India.

The Bill has revived debate over judicial independence, representational equity, the collegium system, and structural reforms in the higher judiciary.

judicial-diversity

Constitutional Provisions on Judicial Appointments

The Constitution of India provides the framework for appointing judges to the higher judiciary.

Supreme Court

  • Article 124: Judges of the Supreme Court are appointed by the President after consultation with the Chief Justice of India (CJI).

High Courts

  • Article 217: High Court judges are appointed by the President after consultation with:
    • The Chief Justice of India
    • The Governor of the concerned State
    • The Chief Justice of the concerned High Court

Seat of the Supreme Court

  • Article 130: The Supreme Court shall sit in Delhi or any other place as decided by the CJI with the approval of the President.

Initially, appointments were dominated by executive primacy. However, concerns regarding judicial independence led to a reinterpretation of constitutional provisions by the judiciary.

Evolution of the Collegium System

The collegium system was not created by constitutional amendment but through judicial interpretation.

First Judges Case (1981)

The Supreme Court upheld executive primacy in judicial appointments.

Second Judges Case (1993)

The Court reversed its earlier stance and established the collegium system, granting primacy to the judiciary.

Third Judges Case (1998)

Clarified the composition and functioning of the collegium.

Composition

  • For Supreme Court: CJI + four senior-most judges
  • For High Courts: CJI + two senior-most judges

Recommendations are sent to the Central Government, which may return them once for reconsideration. If reiterated, the government is constitutionally bound to appoint.

Criticisms of the Collegium

  • Lack of transparency
  • Absence of objective criteria
  • Allegations of nepotism
  • Limited diversity

NJAC and Judicial Independence

In 2014, Parliament enacted the 99th Constitutional Amendment to establish the National Judicial Appointments Commission Act, creating the National Judicial Appointments Commission (NJAC).

Composition of NJAC

  • Chief Justice of India
  • Two senior-most judges
  • Union Law Minister
  • Two eminent persons

However, in 2015, the Supreme Court struck down the NJAC as unconstitutional, holding that it violated the Basic Structure Doctrine by undermining judicial independence.

Thus, the collegium system continues to function.

Diversity in the Judiciary

The current debate focuses on inadequate representation of marginalised communities in higher judicial appointments.

Data Highlights (2018–2024)

  • Approximately 20% of appointees belonged to SC, ST, and OBC categories
  • Women’s representation remains below 15%
  • Religious minorities below 5%

The Private Member’s Bill proposes constitutional mandates for due representation of:

  • Scheduled Castes
  • Scheduled Tribes
  • Other Backward Classes
  • Women
  • Religious minorities

The proposal marks a shift from a purely merit-based model toward a socially representative judiciary.

Constitutional Values at Stake

The debate involves balancing two core constitutional principles:

  • Judicial Independence
  • Substantive Equality and Social Justice

Supporters argue that a diverse judiciary:

  • Enhances public trust
  • Improves sensitivity in adjudication
  • Reflects India’s pluralistic society
  • Strengthens democratic legitimacy

Opponents caution against excessive politicisation or quota-based appointments in constitutional courts.

Proposal for Regional Benches of the Supreme Court

Currently, the Supreme Court functions only from New Delhi.

As of January 2026, over 90,000 cases are pending before the Court.

The Bill proposes regional benches in:

  • New Delhi
  • Kolkata
  • Mumbai
  • Chennai

These benches would handle all matters except constitutional cases, which would remain with Constitution Benches in Delhi.

Legal Basis

Under Article 130, regional benches can be created without constitutional amendment, as the CJI may designate alternate seats with presidential approval.

The idea has been previously recommended by:

  • Law Commission of India
  • Parliamentary Standing Committees

Rationale

  • Improved access to justice
  • Reduced litigation costs
  • Faster disposal of cases
  • Regional judicial accessibility

Way Forward

Ensuring diversity in the judiciary requires systemic reform within the collegium process, including:

  • Greater transparency
  • Publicly available selection criteria
  • Data-driven evaluation
  • Periodic diversity audits

A long-term solution may involve revisiting a broad-based appointments commission that safeguards independence while ensuring accountability.

International examples such as the UK and South Africa demonstrate that participatory appointment systems can coexist with judicial autonomy.

Regarding regional benches, a phased implementation strategy may be adopted, beginning with one bench and expanding based on performance and administrative feasibility.

Significance

  • Revives debate on balance between independence and accountability
  • Highlights representational gaps in constitutional institutions
  • Raises questions about access to justice
  • Impacts federal structure and judicial administration
  • Could shape the future architecture of India’s higher judiciary

The issue represents a pivotal constitutional moment in redefining the character and accessibility of India’s judiciary.

FAQs

1.What is the collegium system?

It is a system evolved through Supreme Court judgments where senior judges recommend appointments and transfers in the higher judiciary.

2.Why was the NJAC struck down?

The Supreme Court held that it violated the basic structure of the Constitution by compromising judicial independence.

3.Why is diversity in the judiciary being debated?

There is limited representation of marginalised communities, women, and minorities in higher judicial appointments.

3.Can regional benches of the Supreme Court be established without constitutional amendment?

Yes, Article 130 allows the Chief Justice of India to designate alternative seats with presidential approval.

4.What constitutional values are involved in this debate?

The debate balances judicial independence with substantive equality and social justice.

« »
  • SUN
  • MON
  • TUE
  • WED
  • THU
  • FRI
  • SAT
Have any Query?

Our support team will be happy to assist you!

OR
X