Source: Down to Earth

INDUS WATER TREATY

1. Context

2. Is unilateral suspension permissible?

• The Indus Waters Treaty (IWT) cannot be modified or terminated by one country alone. Article XII explicitly states that the agreement may only be ended through a "duly ratified treaty" mutually accepted by both India and Pakistan.

• India’s reference to placing the treaty “in abeyance” in its communication with Pakistan lacks legal grounding, as international law and the Vienna Convention on the Law of Treaties (VCLT), 1969—which serves as the foundational framework for international agreements—do not recognize this term.

• Under Article 62 of the VCLT, a treaty may be withdrawn from if there has been a “fundamental change of circumstances” compared to when it was first signed.

• Although India is not a signatory and Pakistan has signed but not ratified the VCLT, the International Court of Justice (ICJ), in its ruling on the Fisheries Jurisdiction cases, recognized Article 62 as part of customary international law—making it applicable even without formal ratification.

• India appears to be appealing to this legal doctrine in its letter, which emphasized that a “fundamental change in circumstances” warrants a reassessment of its commitments under the IWT.

•  For instance, in the 1997 Gabcíkovo-Nagymaros case involving Hungary and Slovakia’s dam project, Hungary claimed that evolving political and economic conditions, along with potential environmental risks, justified ending the treaty.

• The ICJ dismissed these claims, asserting that the cited changes were not directly tied to the treaty’s central goal of cooperative energy generation

3.How will this have effect on Pakistan?

• Over 80% of Pakistan’s agricultural activities and nearly one-third of its hydropower production rely on the Indus basin's water resources.
• Despite this heavy dependence, analysts point out that India does not have the extensive water storage facilities or a widespread canal network necessary to retain the vast volumes—tens of billions of cubic metres—of water from the western rivers.
• India’s existing infrastructure primarily comprises run-of-the-river hydropower projects, which are not designed for significant water storage.
• Nevertheless, the primary concern lies in the unpredictability of water flows, which poses a serious threat to Pakistan’s largely agriculture-based economy

4. Applications moved by Pakistan and India earlier

• The World Bank, the third party to the Treaty and the acknowledged arbiter of disputes were, meanwhile faced with a unique situation of having received two separate requests for the same dispute.
• New Delhi feels that the World Bank is just a facilitator and has a limited role.
• On December 12, 2016, the World Bank announced a "pause" in the separate processes initiated by India and Pakistan under the Indus Waters Treaty to allow the two countries to consider alternative ways to resolve their disagreements.
• The regular meetings of Indus Waters Commissioners resumed in 2017 and India tried to use these to find mutually agreeable solutions between 2017 and 2022.
• Pakistan refused to discuss these issues at these meetings.
• At Pakistan's continued insistence, the World Bank, in March last year, initiated actions on the requests of both India and Pakistan.

• They will carry out their duties in their capacity as subject matter experts and independently of any other appointments they may currently hold.
• On October 19, 2022, the Ministry of External Affairs said, " We have noted the World Bank's announcement to concurrently appoint a Neutral Expert and a Chair of the Court of Arbitration in the ongoing matter related to the Kishanganga and Ratle projects".
• Recognising the World Bank's admission in its announcement that "carrying out two processes concurrently poses practical and legal challenges".
• India would assess the matter that "India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty".
• Such parallel consideration of the same issues is not provided for in any provisions of the Treaty and India has been repeatedly citing the possibility of the two processes delivering contradictory rulings, which could lead to an unprecedented and legally untenable situation, which is unforeseen in Treaty provisions.

5. Dispute redressal mechanism 

• The dispute redressal mechanism provided under Article IX of the IWT is graded.
• It's a 3-level mechanism.
• So, whenever India plans to start a project, under the Indus Water Treaty, it has to inform Pakistan that it is planning to build a project.
• Pakistan might oppose it and ask for more details. That would mean there is a question and in case there is a question, that question has to be clarified between the two sides at the level of the Indus Commissioners.
• If that difference is not resolved by them, then the level is raised. The question then becomes a difference.
• That difference is to be resolved by another set mechanism, which is the Natural Expert.
• It is at this stage that the World Bank comes into the picture.
• In case the Neutral Expert says that they are not able to resolve the difference or that the issue needs an interpretation of the Treaty, then that difference becomes a dispute.
  It then goes to the third stage the Court of Arbitration.
• To Sum up, it's a very graded and sequential mechanism first Commissioner, then the Neutral Expert and only then the Court of Arbitration.

6. India's notice and its implications

• While the immediate provocation for the modification is to address the issue of two parallel mechanisms, at this point, the implications of India's notice for modifying the treaty are not very clear.
• Article XII (3) of the Treaty that India has invoked is not a dispute redressal mechanism.
• It is in effect, a provision to amend the Treaty.
• However, an amendment or modification can happen only through a "duly ratified Treaty concluded for that purpose between the two governments". 
• Pakistan is under no obligation to agree to India's proposal.
• As of now, it is not clear what happens if Pakistan does not respond to India's notice within 90 days.

• India has not spelt out exactly what it wants to be modified in the Treaty.
• But over the last few years, especially since the Uri attack, there has been a growing demand in India to use the Indus Waters Treaty as a strategic tool, considering that India has the natural advantage of being the upper riparian state.
• India has not fully utilized its rights over the waters of the three east-flowing rivers Ravi, Beas and Sutlej over which India has full control under the Treaty.
  It has also not adequately utilized the limited rights over the three west-flowing rivers Indus, Chenab and Jhelum which are meant for Pakistan.
• Following the Uri attack, India established a high-level task force to exploit the full potential of the Indus Waters Treaty.
• Accordingly, India has been working to start several big and small hydroelectric projects that had either been stalled or were in the planning stages.

For Prelims & Mains

ASIAN DEVELOPMENT BANK (ADB)

 

 

 

1. Context

 

India had raised “deep concerns” about the possibility of misuse of funds by Pakistan to Asian Development Bank (ADB) as it extended a $800 million tranche to the neighbouring country. Government sources said India had “vehemently opposed” the ADB extending “any form of financing support” to Pakistan, particularly in light of Pakistan’s increasing defence expenditure, its declining tax-to-GDP ratio, and the lack of demonstrable progress on key macroeconomic reforms

 

2. What is Asian Development Bank (ADB)?

 

• The Asian Development Bank (ADB) is a regional development bank established to promote social and economic development in Asia and the Pacific. Founded in 1966, ADB’s main goal is to reduce poverty and improve the quality of life for people in its member countries. It achieves this by providing loans, grants, technical assistance, and policy advice to governments and private enterprises.
• Headquartered in Manila, Philippines, the bank was created in response to the need for a financial institution that could support the development efforts of Asian countries, especially those emerging from colonial rule or struggling with underdevelopment. Its founding vision was to create a prosperous, inclusive, resilient, and sustainable Asia-Pacific region.
• ADB has 68 member countries, with both regional members (from Asia and the Pacific) and non-regional members (such as the United States and several European nations). Each member contributes to the bank’s capital and has a say in how it operates, although the influence of countries depends on the size of their financial contributions.
• The bank primarily focuses on sectors such as infrastructure, education, healthcare, agriculture, climate change, and regional integration. Over time, ADB has evolved to address more complex challenges, including gender equality, environmental sustainability, and digital transformation.
• ADB works closely with national governments, other international financial institutions, and the private sector. It also plays a key role in mobilizing investments and fostering cooperation among countries in the region.

 

 

3. Why was the Asian Development Bank (ADB) formed?

 

The Asian Development Bank (ADB) was formed to address the urgent need for economic development and regional cooperation in Asia and the Pacific after World War II.

During the 1950s and early 1960s, many Asian countries were either newly independent or still recovering from the devastation of war. These nations faced widespread poverty, weak infrastructure, poor healthcare, low literacy rates, and a lack of industrial development. There was a strong need for financial support, technical expertise, and a platform for regional cooperation to help them grow and modernize.

At that time, existing global institutions like the World Bank were providing assistance, but Asia needed a dedicated regional institution that understood the specific challenges and development priorities of the region. The idea of a development bank for Asia gained momentum, especially with support from Japan and other industrialized countries, and in 1966, the ADB was officially established with its headquarters in Manila, Philippines.

In essence, ADB was formed to:

• Reduce poverty and improve the living standards in Asia and the Pacific.

• Mobilize resources for the region’s development, especially infrastructure and rural development.

• Promote economic growth and regional cooperation among member countries.

• Provide loans, grants, and technical expertise to both public and private sectors.

 

 

4. Countries in the asian development bank

 

As of now, the Asian Development Bank (ADB) has 68 member countries.

Out of these:

• 49 are from Asia and the Pacific region (regional members)

• 19 are from outside the region (non-regional members), such as the United States, Canada, Germany, France, and the United Kingdom

Every member country holds shares in the bank and has a say in its governance, although voting power is weighted based on the size of their capital contributions.

This broad membership helps ADB pool financial resources and expertise from around the world to support development efforts in Asia and the Pacific

 

5. Asian Development Bank (ADB) vs New Development Bank (NDB)

 

 

The Asian Development Bank (ADB) and the New Development Bank (NDB) are both multilateral development banks, but they differ significantly in their origin, membership, objectives, and scope. Here's a clear comparison and contrast:

 

 

 

 

 

For Prelims: Asian Development Bank, India's Gross Domestic Product, Capital expenditure, Current account deficit, Regional Comprehensive Economic Partnership   For Mains: GS II - Asian development bank (ADB), Asian Infrastructure investment bank (AIIB)

 

 

Previous Year Questions   1.Consider the following statements: (2020) The value of Indo-Sri Lanka trade has consistently increased in the last decade. “Textile and textile articles” constitute an important item of trade between India and Bangladesh. In the last five years, Nepal has been the largest trading partner of India in South Asia. Which of the statements given above is/are correct? (a) 1 and 2 only  (b) 2 only  (c) 3 only (d) 1, 2 and 3 Answer (b) 2. Which one among the following South Asian countries has the highest population density? (2009) (a) India (b) Nepal  (c) Pakistan  (d) Sri Lanka Answer (a) 3. The term ‘Regional Comprehensive Economic Partnership’ often appears in the news in the context of the affairs of a group of countries known as (2016) (a) G20 (b) ASEAN  (c) SCO  (d) SAARC Answer (b)

 

 

Source: Indianexpress

 

AKASH MISSILES

 

 

1. Context

 

Akash (“sky” in Sanskrit) is a mobile short-to-medium-range surface-to-air missile system developed by the Defence Research and Development Organisation (DRDO), and currently in service with the Indian Air Force (IAF) and the Indian Army.

 

2. About Akash Missiles

 

• Akash is developed to safeguard strategic locations and high-value assets by providing air defence capabilities. It is capable of tracking and engaging several airborne threats at once, including hostile aircraft, missiles, and drones.
• The project was initiated in the late 1980s under the Integrated Guided Missile Development Programme (IGMDP) by DRDO. Initial testing phases, such as system evaluations and live-fire exercises, took place during the late 1990s and early 2000s.
• These were followed by comprehensive user evaluations by the Indian Air Force (IAF) and the Indian Army. The IAF officially inducted the Akash system in 2014, with the Army following suit in 2015.
• Presently, both services operate several units equipped with the system. According to DRDO, Akash is approximately 96% indigenously developed, making it one of the most locally produced advanced defence systems in India.
• Over 250 companies contribute to the manufacturing and supply chain, with Bharat Electronics Limited (BEL) and Bharat Dynamics Limited handling key production responsibilities

 

3. Working of the Akash missile

 

 

• An integrated 3D Central Acquisition Radar monitors the skies for incoming aerial threats. As per Bharat Electronics Limited (BEL), this radar delivers three-dimensional target information—including distance, direction, and height—with a detection range of up to 120 km in all directions.
• The Akash missile system is supported by an advanced multifunctional fire control radar called Rajendra, which can detect targets within an 80 km range. This radar is capable of simultaneously tracking several threats and guiding multiple missiles at once.
• The radar's accurate tracking inputs are relayed to the command and control unit, which calculates the missile’s interception path.
• The missile is launched from a mobile platform, each of which can carry up to three missiles. Weighing over 700 kilograms and powered by a ramjet engine, the Akash missile can achieve speeds up to Mach 2.5.
• As the missile nears its target, an onboard seeker activates to ensure it locks onto and follows the moving threat. The Akash system is known for its high agility in flight, allowing it to adjust course mid-air, which enhances interception success rates.
• In addition, it carries a 55 kg pre-fragmented warhead triggered by a proximity fuse. This allows the missile to inflict substantial damage even without a direct collision

 

4. Significance of Akash missile

 

 

• PRECISION: The Akash missile system is known for its high accuracy and overall effectiveness in neutralizing targets. This performance stems from a combination of its advanced guidance system, agile missile design, and rapid reaction from detection to interception. Notably, the Rajendra radar is capable of tracking low-flying targets—a task that many traditional radar systems find challenging—throughout their flight path.
• MOBILITY: The Akash system is fully mobile, with all components—including the missile launcher, command center, onboard guidance systems, C4I (command, control, communications, and intelligence) units, ground support gear, and the Rajendra radar—mounted on mobile platforms. This allows for swift transport, deployment, and repositioning by road or rail, enabling rapid adaptability in various operational scenarios.
• ELECTRONIC RESISTANCE: The Akash system is equipped with electronic counter-countermeasure (ECCM) capabilities, providing strong resistance against enemy electronic warfare tactics. According to BEL, the system is highly resistant to both active and passive jamming. While electronic countermeasures (ECM) aim to disrupt or mislead detection systems like radar or infrared sensors, ECCM technologies are specifically designed to protect against such interference and maintain operational integrity

 

5. Future of Akash missile

 

• The initial version of the Akash missile had a range of approximately 27 to 30 kilometers and was capable of reaching altitudes up to 18 kilometers. To enhance performance, the DRDO has been working on upgraded versions with improved range and capabilities.
• Akash Prime: Although it maintains the same range as the original, Akash Prime is significantly more reliable under low-temperature conditions and at higher altitudes. This version was developed in response to operational feedback from the Indian Air Force (IAF) and the Army, who sought a system suitable for high-altitude defense of vital assets. It also features an indigenous active radio frequency seeker, which increases targeting precision. The missile’s first test flight took place in September 2021.
• Akash-NG (New Generation): The DRDO has also developed and tested the Akash-NG, intended for the IAF to engage highly agile airborne threats that have a low radar cross-section (RCS). RCS measures how visible an object is to radar—lower values indicate greater stealth, as seen in fifth-generation fighter jets designed with radar-evading materials and shapes.
• Akash-NG offers an extended range of up to 70 kilometers. It is lighter, more compact, and has a reduced logistics footprint. The missile is canisterized, meaning it is stored and launched from sealed containers, which enhances its shelf life and simplifies handling and deployment

 

6. Way Forward

 

In December 2020, the Union Cabinet approved the export of Akash after many friendly nations showed interest during international exhibitions. The export version, however, will be different from what is in service of the Indian armed forces

 

 

 

 

For Prelims: Current events of national and international importance. For Mains: General Studies III: Achievements of Indians in science & technology; indigenization of technology and developing new technology

 

Previous Year Questions   1.Consider the following statements :(UPSC CSE 2023)   1. Ballistic missiles are jet-propelled at subsonic speeds throughout their flights, while cruise missiles are rocket-powered only in the initial phase of flight. 2. Agni-V is a medium-range supersonic cruise missile, while BrahMos is a solid-fuelled intercontinental ballistic missile. Which of the statements given above is/are correct? A.1 only B.2 only C.Both 1 and 2 D.Neither 1 nor 2 Answer (D)

Source: Indianexpress

 

GOVERNOR VS STATES

 

 

1. Context

 

Recently, the Supreme Court, for the first time, ruled that the President should take a decision on the Bills reserved for consideration by the Governor within three months from the date on which such reference is received.

 

2. Appointment and qualification of the Governor

 

• The Indian Constitution outlines the framework for appointing a Governor. According to Article 153, each state must have a Governor. Article 155 provides that the Governor is appointed by the President through an official warrant bearing the President's signature and seal.
• As per Article 156, although the Governor typically serves a five-year term, they remain in office at the discretion of the President.
• This means that the President can ask the Governor to resign before the term ends. However, since the President acts based on the counsel of the Prime Minister and the Union Cabinet, it is effectively the central government that controls both the appointment and removal of a Governor.
• Articles 157 and 158 describe the eligibility criteria and terms for holding the office. The Governor must be an Indian citizen and at least 35 years old.
• Additionally, the individual must not be a sitting member of either Parliament or any state legislature, and cannot hold any position that offers financial gain

 

3. Roles of Governor

 

• The Constitution mandates that the Governor must generally act in accordance with the advice provided by the state's Council of Ministers. Article 163 clarifies this by stating that a Council of Ministers, led by the Chief Minister, shall assist and guide the Governor in carrying out his duties—except in cases where the Constitution allows the Governor to act independently at his discretion.
• Furthermore, the Governor holds constitutional authority to summon, prorogue, or dissolve the State Legislative Assembly. However, these powers are to be exercised only after consulting the Council of Ministers.
• In his role as the ceremonial head of the state, the Governor also holds several important responsibilities, such as appointing the Chief Minister, members of the Council of Ministers, the Advocate General, the State Election Commissioner, heads of state universities, and members and the Chairman of the State Public Service Commission, among others

Infographics

4. Recent judgments by top courts

 

 

The Constitution grants the Governor certain legislative powers, including the authority to approve or reject a Bill passed by both Houses of the State Legislature. Article 200 outlines the choices available to the Governor:

• Approve the Bill,

• Withhold approval,

• Send it back to the Legislature for reconsideration (provided it is not a Money Bill), or

• Forward the Bill to the President for a decision.

While the proviso to Article 200 mentions that the Governor should return the Bill "as soon as possible," it does not define a specific time frame, which has occasionally led to significant delays.

To address such delays, the Supreme Court recently issued clear, time-bound directions for Governors regarding action on Bills:

• Assent must be given within one month,

• The Governor cannot withhold assent against the advice of the Council of Ministers,

• If returning the Bill, it must be done within three months,

• If the Governor chooses to reserve the Bill for the President, this must also be done within three months, and

• Should the Legislature pass the Bill again after reconsideration, the Governor is required to grant assent within one month.

 

 

5. Committees on the Governor's role

 

The powers, responsibilities, and overall role of the Governor have frequently come under review, drawing attention from both central government-appointed committees and the Supreme Court of India.

Starting with the Administrative Reforms Commission in 1969 and extending to the Punchhi Commission in 2007, numerous expert bodies set up over the years have proposed comprehensive reforms concerning various aspects of the Governor's office, including the method of appointment, scope of authority, duration of tenure, procedure for removal, and other related issues

The Sarkaria Commission, in its 1988 report on Centre-State relations, proposed reforms concerning the Governor's role, especially in the context of Articles 200 and 201 of the Constitution.

The National Commission to Review the Working of the Constitution (2001), chaired by M.N. Venkatachaliah and initiated during Prime Minister Atal Bihari Vajpayee’s tenure, noted that Governors often function as representatives of the Central Government, leading to perceptions of bias and political controversy in their decisions.

In 2007, the Punchhi Commission re-evaluated the Centre-State dynamic and recommended that a Governor should be appointed only after consulting the Chief Minister of the respective state. It also emphasized the importance of prompt action by the Governor on legislative bills.

Over time, the impartiality of the Governor’s office has been questioned, prompting judicial intervention. The Supreme Court has, through a series of landmark judgments, clarified the scope and limitations of the Governor’s powers:

• Shamsher Singh vs State of Punjab (1974): The court ruled that the Governor must act based on the advice of the Council of Ministers.

• Raghukul Tilak vs State of Haryana (1979): The judgment emphasized that Governors are not subordinate to the Centre, but occupy a vital constitutional role within the state.

• S.R. Bommai vs Union of India (1994): A milestone ruling, it held that the Governor’s recommendation for imposing President’s Rule under Article 356 must be backed by a floor test, and such decisions are open to judicial review.

• Rameshwar Prasad vs Union of India (2006): Addressing the dissolution of the Bihar Assembly, the Supreme Court stated that the Governor’s personal opinion cannot justify invoking President’s Rule in a state.

 

 

 

 

For Prelims: Governor, Center-state relations, Article 200 For Mains:  1. In the context of recent disputes, examine the relationship between Governors appointed by the Centre and state governments led by opposition parties. How can this relationship be strengthened to ensure smooth functioning of the federal structure? (250 Words) 2. Explain the roles of the Governor and the President in the legislative process as outlined in the Constitution of India, focusing on their powers related to assenting to Bills passed by state legislatures. (250 Words) 3. Discuss Ethical Considerations and Constitutional Provisions Regarding Governor Running for Elections.  (250 Words)

 

 

Previous Year Questions   1.  With reference to the Legislative Assembly of a State in India, consider the following statements: ( UPSC 2019) 1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct? A. 1 only        B. 2 only          C. Both 1 and 2          D. Neither 1 nor 2   2. Consider the following statements: ( UPSC 2018) 1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office. 2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office. Which of the statements given above is/are correct? A. 1 only          B. 2 only             C. Both 1 and 2              D. Neither 1 nor 2   3.Which of the following are the discretionary powers given to the Governor of a State? (2014) 1. Sending a report to the President of India for imposing the President’s rule Appointing the Ministers 2. Reserving certain bills passed by the State Legislature for consideration of the President of India 3. Making the rules to conduct the business of the State Government Select the correct answer using the code given below.  A. 1 and 2 only          B. 1 and 3 only                   C.  2, 3 and 4 only        D. 1, 2, 3 and 4     4. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019) A.First Administrative Reforms Commission (1966) B.Rajamannar Committee (1969) C.Sarkaria Commission (1983) D.National Commission to Review the Working of the Constitution (2000)   Answers: 1-C, 2-C, 3-B, 4-C

Source: The Indian Express

 

JAL JEEVAN MISSION

 

 

1. Context

 

The Jal Jeevan Mission (JJM), the government’s flagship scheme to provide tap connections to rural households, has encountered budgeting difficulties. The Jal Shakti Ministry had requested a staggering Rs 2.79 lakh crore from the Centre to complete the remaining 25% of its target by December 2028. However, in a setback for the mission, an expenditure panel, which appraises projects, has approved only half of the funds proposed by the ministry.

 

2. Jal Jeevan Mission

 

• The Jal Jeevan Mission, launched by Prime Minister Narendra Modi on August 15, 2019, was envisioned to ensure tap water access to approximately 16 crore rural households, with the goal of achieving universal coverage by 2024.

• However, in just over five years, only 75% of the target has been met. To cover the remaining 4 crore households, the government now plans to extend the mission’s deadline to December 31, 2028.

• The Ministry of Jal Shakti had sought Rs 2.79 lakh crore from the Centre to finish the project. But according to sources, the Expenditure Finance Committee (EFC)—headed by the Expenditure Secretary—reviewed the proposal on March 13 and recommended a revised funding of only Rs 1.51 lakh crore. The committee also slashed the total project cost by Rs 41,000 crore, approving an outlay of Rs 8.69 lakh crore instead of the Rs 9.10 lakh crore originally proposed.

• Since the Jal Jeevan Mission is co-financed equally by the Centre and the states, this cut in Central funding could shift a greater financial burden onto state governments

Government Schemes related to Water   Among the various initiatives under the Ministry of Jal Shakti, the Namami Gange Programme and river interlinking projects hold significant importance. Hence, it is essential for aspirants to not only be familiar with these schemes but also grasp the concept of river interlinking itself. In fact, a previous Prelims question was based on the Godavari-Krishna river interlinking, highlighting the relevance of such topics. As a result, gaining a clear understanding of the Ken-Betwa river linking project is also crucial for exam preparation

 

3. Namami Ganga Programme

 

• The Namami Gange Programme is a comprehensive river conservation initiative launched as a flagship mission by the Union Government in June 2014. It aims to achieve two primary goals: the reduction of pollution and the revival and preservation of the Ganga River, recognized as India’s national river.

• The programme is built on several core components, which include:

  • Development of sewage treatment infrastructure

  • Revitalization of riverfront areas

  • Cleaning of the river surface to remove floating waste

  • Promotion and protection of biodiversity

  • Expansion of afforestation along the river basin

  • Enhancing public engagement and awareness

  • Monitoring of industrial waste discharge

  • Transformation of villages along the Ganga into model Ganga Grams

 

4. Interlinking of rivers (Ken-betwa river)

 

 

• River interlinking refers to a large-scale water resource management approach where water is deliberately redirected from regions with excess availability to those facing water scarcity.

• This method typically involves connecting river basins using infrastructure such as canals, reservoirs, and pipelines. These inter-basin water transfer (IBWT) projects are designed to improve irrigation capacity, support flood management, and boost water availability in areas prone to drought.

• On December 25, 2024, Prime Minister Narendra Modi inaugurated the Ken-Betwa Link Project (KBLP) in Khajuraho, Madhya Pradesh, marking the 100th birth anniversary of former PM Atal Bihari Vajpayee.

• The project’s primary goal is to irrigate the drought-prone Bundelkhand region by channeling excess water from the Ken River in Madhya Pradesh to the Betwa River in Uttar Pradesh. Both rivers eventually feed into the Yamuna River, and are classified as its right-bank tributaries.

• The Union Cabinet approved a budget of Rs 44,605 crore for the KBLP. It will be implemented in two phases:

  • Phase I includes the construction of the Daudhan Dam, a 221-km-long Ken-Betwa Link Canal, and associated infrastructure.

  • Phase II will involve the development of the Lower Orr Dam, the Bina Complex Project, and the Kotha Barrage.

• A section of the proposed infrastructure will pass through the Panna Tiger Reserve, raising environmental concerns due to the potential submergence of a part of this ecologically sensitive tiger habitat.

• Significantly, the KBLP is the first river interlinking project to be implemented under the National Perspective Plan, which was introduced in 1980. This larger plan includes 16 river links in the Peninsular region, and another 14 links proposed under the Himalayan component

 

Yamuna river   Yamuna is a tributary of River Ganga. It has four main tributaries in the Himalayan region: Rishi Ganga, Hanuman Ganga, Tons, and Giri. In the plains, the main tributaries are Hindon, Chambal, Sind, Betwa and Ken. Tons is the largest tributary of Yamuna. Other small tributaries of the Yamuna River include the Uttangan, Sengar and the Rind.

 

 

5. Constitution on Water

 

Right to Water as a Fundamental Right in India

The right to access clean and safe drinking water in India is considered part of the fundamental rights framework, particularly under Article 21 of the Constitution, which guarantees the Right to Life. This interpretation is derived from connected rights such as the right to food, right to health, and the right to a clean environment.

• In the landmark Narmada Bachao Andolan v. Union of India (2000) case, the Supreme Court emphasized that access to water is a basic human necessity, integral to the right to life. It also stated that the right to a healthy environment and sustainable development are essential components of human rights under Article 21.

• Similarly, in the State of Karnataka v. State of Andhra Pradesh (2000) case, the Court reiterated that the right to water is part and parcel of the right to life, thus making it a fundamental right

 

Directive Principles Related to Water and Environment

• Article 39(b) under the Directive Principles of State Policy directs the State to ensure that material resources, including water, are equitably distributed to promote the common good.

• Article 48A calls upon the State to actively work towards the protection and enhancement of the environment, including forests and wildlife, which indirectly contributes to water conservation

Environmental Duties of Citizens

• Article 51A(g), which falls under Fundamental Duties, obligates every citizen to safeguard and improve the natural environment, specifically mentioning rivers, lakes, forests, and wildlife. It also encourages compassion for living beings

Legal Provisions for Water Dispute Resolution

• Article 262 empowers Parliament to enact laws for resolving inter-State river water disputes. According to:

  • Clause (1): Parliament can legislate for the adjudication of conflicts over the use, distribution, or control of inter-State river waters.

  • Clause (2): Parliament may restrict judicial intervention, including that of the Supreme Court, in such matters.

  This article served as the constitutional basis for the enactment of the Inter-State River Water Disputes Act, 1956, aimed at resolving such disputes

 

Constitutional Powers over Water – State and Union Roles

• Entry 17 of the State List (List II), Seventh Schedule grants states the authority to legislate on water-related issues like irrigation, canals, drainage, and water supply, subject to the Union’s jurisdiction under Entry 56 of List I.

• Entry 56 of the Union List (List I), Seventh Schedule allows the central government to regulate and develop inter-State rivers and river valleys when declared to be in the public interest by Parliament

 

 

For Prelims: Jal jeevan Mission, Directive Principles of State Policy   For Mains: GS II - Government Schemes on Water

 

 

Source: Indianexpress

 

CONTEMPT OF COURT

 

 

1. Context

 

Hours after his party distanced itself from his statement that Chief Justice of India (CJI) Sanjiv Khanna was responsible for “grih yuddhas” (civil wars) in the country, BJP MP Nishikant Dubey on Sunday morning attacked former Chief Election Commissioner (CEC) S Y Quraishi over his criticism of the Waqf Act, labelling him a “Muslim Commissioner”.

 

2. What is Contempt of Court?

 

• The concept of Contempt of Court plays a crucial role in upholding the dignity and authority of the judiciary. It ensures that courts are able to perform their functions without obstruction and maintain the respect essential for the administration of justice.
• In India, this principle is codified under the Contempt of Courts Act, 1971, which recognizes two broad categories of contempt—civil and criminal.
• Civil contempt refers to the willful disobedience of any judgment, decree, or direction issued by a court. It may also involve the breach of an undertaking given to the court. For instance, if an individual deliberately fails to comply with a court’s order—such as ignoring a directive to pay court-mandated maintenance or refusing to act on a demolition order—it constitutes civil contempt. The key element here is the willful and intentional nature of the disobedience.
• On the other hand, criminal contempt goes beyond non-compliance and focuses on actions that obstruct the administration of justice. It includes any publication or act that scandalizes the court, lowers its authority, or prejudices or interferes with judicial proceedings.
• This form of contempt is aimed at protecting the court’s reputation and preventing any influence—direct or indirect—that could compromise the fairness of a legal process.
• The judiciary, while equipped with the power to punish for contempt, exercises this authority with restraint. It is used sparingly and only when the court believes that the act in question threatens the integrity of the judicial system.
• In a democratic society, this balance between protecting the dignity of courts and upholding the right to free speech is essential.
• The law on contempt seeks to strike that balance, ensuring that while criticism of the judiciary is permissible within reasonable limits, acts that impede justice are not tolerated

 

3. The Role of the Supreme Court in Contempt of Court

 

• The Supreme Court of India, as the apex judicial body in the country, plays a pivotal role in maintaining the integrity and authority of the judicial system, particularly when it comes to contempt of court.
• The Court holds the responsibility of ensuring that the dignity of the judiciary is respected and that the legal process remains uninterrupted. To this end, the Supreme Court has been entrusted with the power to punish acts of contempt and to take action when there is an attempt to undermine or obstruct the course of justice.
• The Supreme Court exercises its power to address contempt of court in two primary ways: preventing interference with judicial proceedings and protecting the reputation and authority of the judiciary.
• As a guardian of the Constitution, the Court uses its contempt powers to ensure that no individual or entity, whether governmental, private, or public, acts in a manner that could disrupt the delivery of justice or defame the judiciary.
• One of the key roles of the Supreme Court in contempt cases is to interpret and apply the law in a way that strikes a balance between protecting judicial authority and respecting constitutional rights, especially the freedom of speech.
• While the Court has the authority to punish contemptuous actions, including imposing fines or imprisonment, it is mindful of its role in a democracy. The Court typically steps in only when contemptuous behavior is blatant and significantly impacts the functioning of justice.
• For example, if someone openly insults the Court, defies its orders, or attempts to influence ongoing legal proceedings, the Supreme Court has the authority to take action.
• Additionally, the Supreme Court often serves as a forum for resolving high-profile contempt matters, particularly those involving media publications or public figures. The Court ensures that its judgments are implemented and that actions which may bring the court into disrepute or cause prejudice to the administration of justice are effectively dealt with.
• Through its oversight, the Supreme Court not only upholds the dignity of the judiciary but also reinforces the principle that no one is above the law, and that judicial authority must be respected at all times.
• The Court's role in contempt of court cases is essential to maintaining the rule of law, ensuring that justice is served without fear, favor, or obstruction

 

4. What Articles 129 and 142 of the Constitution says?

 

The Constitution of India grants the Supreme Court several powers and responsibilities to ensure the rule of law is maintained across the nation. Two of the significant provisions in this regard are Article 129 and Article 142, which empower the Supreme Court to uphold justice, enforce its orders, and protect the dignity of the judicial process.

Article 129: Power of the Supreme Court to Punish for Contempt of Court

• Article 129 explicitly states that the Supreme Court has the authority to punish any person for contempt of court. This provision grants the apex court the power to ensure that its dignity and authority are upheld, allowing it to take action when its decisions or the functioning of the judicial system is disrespected or obstructed.
• The article is vital in preserving the integrity of the judiciary, ensuring that its orders and judgments are followed, and preventing any act that undermines the administration of justice.
• In essence, Article 129 asserts that the Supreme Court has the inherent jurisdiction to deal with contempt cases, whether civil or criminal, and can impose penalties such as fines or imprisonment if necessary.
• This power is an essential tool for maintaining the respect and effectiveness of the judicial process in India.

Article 142: Enforcement of Orders and Decrees of the Supreme Court

• Article 142 provides a broader and more proactive power to the Supreme Court, enabling it to pass any order or decree that it considers necessary to ensure complete justice in a matter.
• This article empowers the Court to make any order or pass any decree that is beyond the explicit provisions of law, as long as it is in pursuit of justice. It allows the Supreme Court to issue directions that may not strictly adhere to the letter of the law but are deemed essential to prevent injustice and serve the cause of justice in specific cases.
• Article 142 also plays a key role in the enforcement of the Court's decisions. It ensures that the Supreme Court's orders are fully executed, even when there is no clear legal provision to implement a decision.
• The article thus helps the Court to act decisively and ensure that its decisions are not merely symbolic but lead to real-world changes, reinforcing its role as the final arbiter of justice in India.
• In short, Article 142 enhances the powers of the Supreme Court by enabling it to pass orders for the enforcement of its decisions, fill legal gaps, and ensure that justice is done in a timely and effective manner

 

5. Criticism of Contempt of Court Proceedings 

 

 

• While contempt of court proceedings play a critical role in maintaining the integrity and authority of the judiciary, they have been subject to criticism over the years. Critics argue that, when misused or overextended, contempt laws can pose a threat to democratic values, particularly the freedom of expression and the independence of the press.
• The debate over contempt of court laws centers on finding a balance between protecting the judiciary and ensuring that fundamental rights are not unduly restricted.
• One major criticism is that contempt of court proceedings can be used to suppress legitimate criticism of the judiciary. In a democratic society, the right to free speech and the freedom of the press are foundational principles.
• However, contempt laws, particularly criminal contempt, are sometimes perceived as being invoked to silence individuals or media outlets that critique or question judicial decisions, thus stifling public discourse.
• Critics argue that this undermines the transparency of the judicial process, as it discourages public debate on court judgments, which is essential for the evolution of law and justice.
• Additionally, there are concerns that contempt of court laws can be overly broad and vague. The definition of what constitutes contempt is often unclear, which can lead to arbitrary or excessive use of the power to punish individuals.
• For example, an individual who expresses an opinion about a court’s decision may be charged with contempt if the court deems the expression to be offensive, even if there was no intent to interfere with judicial proceedings. This lack of clear boundaries can result in inconsistent application of the law and the potential for abuse by those in power.
• Moreover, there is an argument that the judiciary should be self-regulating and not rely heavily on legal provisions to defend its honor. Some believe that judges should be able to withstand public criticism as part of the democratic process, as long as it does not impede the functioning of the court.
• In this view, contempt proceedings should only be used in cases of direct, serious interference with the judicial process, rather than as a tool to protect the judiciary’s image
• Another point of contention is that contempt of court laws are often disproportionately applied to those without the means to defend themselves, such as journalists or activists.
• The cost and complexity of legal proceedings can make it difficult for these individuals to mount an adequate defense, potentially leading to a chilling effect on free expression. This concern is especially pronounced when contempt charges are used to target dissenting voices or those who challenge the status quo.
• In conclusion, while contempt of court proceedings are essential for ensuring that the judiciary operates without interference, they must be applied with caution and clarity.
• Overuse or misuse of contempt laws can infringe on fundamental rights and inhibit public discourse, which is a vital aspect of a functioning democracy.
• Striking the right balance between protecting judicial authority and safeguarding freedoms of speech and expression remains a challenge that needs ongoing attention and scrutiny

 

For Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc   For Mains: General Studies II: Structure, organization and functioning of the Executive and the Judiciary

 

Previous Year Questions   1.Consider the following statements: (2022) 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 1, 2 and 4 (c) 3 and 4 only (d) 3 only

 

 

Source: Indianexpress