• The structure of the Legislative Assemblies in three Union Territories (UTs) is defined by specific Acts of Parliament. Under Section 3 of the Government of National Capital Territory of Delhi Act, 1991, the Delhi Assembly consists of 70 elected members, with no provision for nominated MLAs.
• As per Section 3 of the Government of Union Territories Act, 1963, the Puducherry Assembly has 30 elected representatives, and the Union government holds the authority to nominate up to three members to it.
• In the case of Jammu & Kashmir, Section 14 of the J&K Reorganisation Act, 2019 (amended in 2023) prescribes a total of 90 elected seats. Further, Sections 15, 15A, and 15B empower the Lieutenant Governor to nominate up to five members: two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir (PoK)

4. Court rulings

• The issue of nominating members to the Puducherry Assembly was examined in the K. Lakshminarayanan vs. Union of India (2018) case before the Madras High Court. The Court upheld the Union government’s authority to nominate three members to the Assembly, ruling that such nominations need not be made on the advice of the Union Territory’s Council of Ministers.
• At the same time, the Court recognized the significance of the issue and recommended that Parliament consider statutory amendments to establish a clear procedure for nominations—specifying both the origin of such nominations and the authority responsible.
• However, on appeal, the Supreme Court overturned these recommendations.
• In a later judgment, the Government of NCT of Delhi vs. Union of India (2023), the Supreme Court elaborated on the idea of a ‘triple chain of command’ to ensure democratic accountability.
• According to this principle, civil servants are answerable to ministers; ministers to the legislature; and the legislature to the electorate. The Court held that the Lieutenant Governor (LG) must act in accordance with the aid and advice of the Council of Ministers, except in matters where the Delhi Assembly lacks legislative powers.
• Although this case dealt with the appointment of officers in Delhi services, its reasoning could also be relevant when considering the nomination of MLAs to Assemblies

• Rajya Sabha, which is the Upper House of Parliament, consists of both elected and nominated members. While the majority of members are elected by the elected representatives of State Legislative Assemblies through a system of proportional representation by means of the single transferable vote, the Constitution also provides for the nomination of members to this House.
• Under Article 80 of the Indian Constitution, the President of India is empowered to nominate 12 members to the Rajya Sabha. These nominations are not arbitrary; rather, they are made on the aid and advice of the Union Council of Ministers.
• The intention behind this provision is to ensure that the Rajya Sabha benefits from the expertise of distinguished individuals who may not be part of the regular electoral process but whose contributions are valuable to the functioning of Parliament.
• The Constitution specifies that the nominated members should be drawn from fields such as literature, science, art, and social service. This ensures that the Rajya Sabha has representation from eminent personalities who have excelled in their respective areas and can enrich parliamentary debates with their knowledge, experience, and perspectives.
• For instance, celebrated figures like Rukmini Devi Arundale (dance), Zakir Hussain (music), and M.S. Swaminathan (agricultural science) have served as nominated members in the past.
• Nominated members of the Rajya Sabha enjoy the same rights and privileges as elected members, with one exception—they cannot participate in the election of the President of India, though they can vote in the election of the Vice President. Their presence ensures that specialized knowledge, cultural heritage, and social contributions are represented within the law-making process of the nation

• Nominations to State Legislative Assemblies in India are a constitutional provision aimed at ensuring inclusivity and representation of communities or groups that may otherwise remain outside the electoral process.
• Under Article 333 of the Indian Constitution, the Governor of a State has the power to nominate one member of the Anglo-Indian community to the Legislative Assembly of that State if, in the Governor’s opinion, the community is not adequately represented.
• This was a special arrangement meant to safeguard the political voice of the Anglo-Indians after independence. However, this provision was abolished by the 104th Constitutional Amendment Act, 2019, which came into effect in January 2020. Since then, no Anglo-Indian members are nominated to State Assemblies.

Apart from this, some Union Territories with Legislative Assemblies also have provisions for nomination. For example:

• In Puducherry, under the Government of Union Territories Act, 1963, the Central Government can nominate up to three members to the Legislative Assembly, in addition to the 30 elected members. This provision was upheld in the K. Lakshminarayanan vs. Union of India (2018) case, though questions were raised about whether the nominations should be based on the advice of the Council of Ministers.

• In Jammu & Kashmir, the J&K Reorganisation Act, 2019 (amended in 2023) provides for 90 elected seats in the Legislative Assembly. It also allows the Lieutenant Governor to nominate up to five members: two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir.

A Union Territory (UT) does not hold the same constitutional position as a full-fledged State within India’s federal structure. Still, UTs that have Legislative Assemblies function with their own elected governments, which remain accountable to the people. The practice of nominating MLAs usually does not raise concerns when the same political party governs both the Centre and the UT. However, conflicts arise when there are political differences between the two, as this can undermine the democratic process. In relatively smaller Assemblies, such as those of Jammu & Kashmir and Puducherry, the role of nominated MLAs becomes crucial, as they can potentially alter the balance of power—turning a majority into a minority government or vice versa—thus distorting the electoral mandate.

The case of Jammu & Kashmir is particularly unique, since it remained a State with special autonomy until 2019. Although its conversion into a UT has been upheld by the Supreme Court, the Union government has assured that statehood will be restored soon. Given this background, it would be more consistent with democratic principles if the Lieutenant Governor nominates the five members to the J&K Assembly based on the advice of the Council of Ministers. Such an approach would preserve the spirit of representative democracy

 

 

For Prelims: Rajya Sabha, Parliament, Article 249, Article 312, Special Provisions, Article 84, Article 102 For Mains:  1. Explain the procedure of nomination and election in the Rajya Sabha. How are the members of the Rajya Sabha chosen, and what are the criteria for their eligibility? (250 Words) 2.  Critically evaluate the role of the Rajya Sabha in the Indian parliamentary system. Identify any challenges faced by the house and suggest potential reforms.  (250 Words)

 

 

Previous Year Questions 1. Consider the following statements:  The Parliamentary Committee on Public Accounts (UPSC 2013) 1. consists of not more than 25 members of the Lok Sabha. 2. scrutinizes appropriation and finance accounts of the Government. 3. examines the report of the Comptroller and Auditor General of India. Which of the statements given above is/are correct? A. 1 only     B. 2 and 3 only      C. 3 only         D. 1, 2 and 3     2. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? (UPSC 2018) A. Committee on Government Assurances B. Committee on Subordinate Legislation C. Rules Committee D. Business Advisory Committee     3. According to the Representation of the People Act, 1951, in the event of a person being elected to both houses of Parliament, he has to notify within ______ days in which house he intends to function. (Delhi Police Constable 2020)  A. 22       B. 10        C.  20            D. 15   4. Regarding Money bill, Which of the following statements is not correct? (UPSC 2018) A. A bill shall be deemed to be a money bill if it contains only provisions relating to imposition, abolition, remission, alteration or regulation of any tax B. A Money bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India C. A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India D. A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India Answer: 1-B, 2-B, 3-B, 4-C

Source: The Indian Express

 

TARIFFS

 

 

1. Context

 

In November last year, Donald Trump scripted one of the most remarkable political comebacks in American politics to become the US president for the second time. There were two central aspects of his winning pitch: Containing and regulating immigration, and addressing the cost-of-living crisis fuelled by high inflation during the Biden Presidency.

2. What is a Tariff?

• Most countries are limited by their natural resources and ability to produce certain goods and services.
• They trade with other countries to get what their population needs and demands. However, trade isn't always conducted in an amenable manner between trading partners.
• Policies, geopolitics, competition, and many other factors can make trading partners unhappy. One of the ways governments deal with trading partners they disagree with is through tariffs.
• A tariff is a tax imposed by one country on the goods and services imported from another country to influence it, raise revenues, or protect competitive advantages.

3. Key Take Aways

• Governments impose tariffs to raise revenue, protect domestic industries, or exert political leverage over another country.
• Tariffs often result in unwanted side effects, such as higher consumer prices.
• Tariffs have a long and contentious history, and the debate over whether they represent good or bad policy still rages.

4. History of Tariffs

4.1 Pre Modern Europe

• In pre-modern Europe, a nation's wealth was believed to consist of fixed, tangible assets,  such as gold, silver, land, and other physical resources.
• Trade was seen as a Zero-sum game that resulted in either a clear net loss or a clear net gain of wealth.
• If a country imported more than it exported, a resource, mainly gold, would flow abroad, thereby draining its wealth. Cross-border trade was viewed with suspicion, and countries preferred to acquire colonies with which they could establish exclusive trading relationships rather than trading with each other.
• This system, known as mercantilism, relied heavily on tariffs and even outright bans on trade. The colonizing country, which saw itself as competing with other colonizers, would import raw materials from its colonies, which were generally barred from selling their raw materials elsewhere.
• The colonizing country would convert the materials into manufactured wares, which it would sell back to the colonies. High tariffs and other barriers were implemented to ensure that colonies only purchased manufactured goods from their home countries. 

4.2 Late 19th and early 20th Centuries

• Relatively free trade enjoyed a heyday in the late 19th and early 20th centuries when the idea took hold that international commerce had made large-scale wars between nations so expensive and counterproductive that they were obsolete.
• World War I proved that idea wrong, and nationalist approaches to trade, including high tariffs, dominated until the end of World War II.
• From that point on, free trade enjoyed a 50-year resurgence, culminating in the creation in 1995 of the World Trade Organisation  (WTO), which acts as an international forum for settling disputes and laying down ground rules.
• Free trade agreements, such as the North American Free Trade Agreement (NAFTA) now known as the United States-Mexico-Canada Agreement (USMCA) and the European Union (EU), also proliferated.

4.3 In the 21st Century

• Skepticism of this model sometimes labeled neoliberalism by critics who tie it to 19th-century liberal arguments in favor of free trade grew, however, and Britain in 2016 voted to leave the European Union.
• That same year Donald Trump won the U.S. presidential election on a platform that included a call for tariffs on Chinese and Mexican imports, which he implemented when he took office.
• Critics of tariff-free multilateral trade deals, who come from both ends of the political spectrum, argue that they erode national sovereignty and encourage a race to the bottom regarding wages, worker protections, and product quality and standards.
• Meanwhile, the defenders of such deals counter that tariffs lead to trade wars, hurt consumers, and hamper innovation.

5. Understanding Tariffs

• Tariffs are used to restrict imports. Simply put, they increase the price of goods and services purchased from another country, making them less attractive to domestic consumers.
• A key point to understand is that a tariff affects the exporting country because consumers in the country that imposed the tariff might shy away from imports due to the price increase. However, if the consumer still chooses the imported product, then the tariff has essentially raised the cost to the consumer in another country.

There are two types of tariffs:

• A specific tariff is levied as a fixed fee based on the type of item, such as a $500 tariff on a car.
• An ad-valorem tariff is levied based on the item's value, such as 5% of an import's value.

6. Why Government Imposes Tariffs?

Governments may impose tariffs for several reasons

6.1 Raise Revenues

Tariffs can be used to raise revenues for governments. This kind of tariff is called a revenue tariff and is not designed to restrict imports. For instance, in 2018 and 2019, President Donald Trump and his administration imposed tariffs on many items to rebalance the trade deficit. In the fiscal year 2019, customs duties received were $18 billion. In FY 2020, duties received were $21 billion.

6.2 Protect Domestic Industries

Governments can use tariffs to benefit particular industries, often doing so to protect companies and jobs. For example, in May 2022, President Joe Biden proposed a 25% ad valorem tariff on steel articles from all countries except Canada, Mexico, and the United Kingdom (the U.K. has a quota of an aggregate of 500,000 metric tons it can trade with the U.S.). This proclamation reopens the trade of specific items with the U.K. while taking measures to protect domestic U.S. steel manufacturing and production jobs.

6.3 Protect Domestic Consumers

By making foreign-produced goods more expensive, tariffs can make domestically-produced alternatives seem more attractive. Some products made in countries with fewer regulations can harm consumers, such as a product coated in lead-based paint. Tariffs can make these products so expensive that consumers won't buy them.

6.4 Protect National Interests

Tariffs can also be used as an extension of foreign policy as their imposition on a trading partner's main exports may be used to exert economic leverage. For example, when Russia invaded Ukraine, much of the world protested by boycotting Russian goods or imposing sanctions. In April 2022, President Joe Biden suspended normal trade with Russia. In June, he raised the tariff on Russian imports not prohibited by the April suspension to 35%.

7. Advantages of Tariffs

• Produce revenues: As discussed, tariffs provide a government a chance to bring in more money. This can relieve some of the tax burdens felt by a county's citizens and help the government to reduce deficits.
• Open negotiations: Tariffs can be used by countries to open negotiations for trade or other issues. Each side can use tariffs to help them create economic policies and talk with trade partners.
• Support a nation's goals: One of the most popular uses for tariffs is to use them to ensure domestic products receive preference within a country to support businesses and the economy.
• Make a market predictable: Tariffs can help stabilize a market and make prices predictable.

8. Disadvantages of Tariffs

• Create issues between governments: Many nations use tariffs to punish or discourage actions they disapprove of. Unfortunately, doing this can create tensions between two countries and lead to more problems.
• Initiate trade wars: A typical response for a country with tariffs imposed on it is to respond similarly, creating a trade war in which neither country benefits from the other.

For Prelims: Tariffs, Zero-sum game, Cross-border trade, World Trade Organisation  (WTO), North American Free Trade Agreement (NAFTA), United States-Mexico-Canada Agreement (USMCA), and the European Union (EU). For Mains: 1. What is a Tariff and explain why government imposes tariffs. Discuss the advantages and disadvantages associated with Tariffs. (250 Words).

Source: Investopedia

 

 

DIGITAL PERSONAL DATA PROTECTION RULES

 

 

 

1. Context

 

The Digital Personal Data Protection Rules (DPDP), 2025 were notified this week, kicking off the formation of the Data Protection Board of India (DPBI), and the legal framework for safeguarding the data of Indians online. The DPDP Act itself was passed in Parliament in August 2023, and the draft of the Rules that were notified on November 14, 2025 were released for consultation in January.

 

2. What do the DPDP Act and Rules do?

 

• The Government of India issued the Digital Personal Data Protection (DPDP) Rules, 2025 on 14 November 2025, completing the implementation of the Digital Personal Data Protection Act, 2023.
• With both the Act and Rules now in place, India has a comprehensive, citizen-oriented framework that balances personal data rights with legitimate data processing requirements.

• Before finalising the Rules, the Ministry of Electronics and Information Technology sought inputs from the public. Consultations were organised across several major cities—Delhi, Mumbai, Guwahati, Kolkata, Hyderabad, Bengaluru and Chennai—drawing participation from startups, MSMEs, industry associations, civil society organisations, and government bodies.
• Citizens also contributed actively. Altogether, 6,915 suggestions and comments were submitted, significantly influencing the final version of the Rules.
• The notification of these Rules establishes a practical, innovation-supportive data protection regime for the country. It promotes clarity, encourages adherence to the law, and enhances public confidence in India’s expanding digital landscape.

 

 

3. Digital Personal Data Protection Act, 2023

 

 

• The Digital Personal Data Protection Act was passed by Parliament on 11 August 2023, establishing a comprehensive legal structure for safeguarding digital personal information in India.
• It outlines the responsibilities of organisations when they gather or process such data. The Act is built on the SARAL philosophy—Simple, Accessible, Rational and Actionable—using straightforward language and clear examples so that individuals and businesses can easily understand the requirements.
• The Act is anchored in seven foundational principles: consent and transparency, limitation of purpose, minimal collection of data, accuracy, restricted data retention, strong security measures and accountability. These principles shape each step of data handling and ensure that personal information is processed only for legitimate and defined purposes.
• A key highlight of the law is the establishment of the Data Protection Board of India, an autonomous authority responsible for monitoring compliance, investigating violations and ensuring that necessary corrective actions are taken.
• The Board is central to protecting user rights and fostering confidence in the data protection framework

 

Key Terms under the DPDP Act, 2023 Data Fiduciary: An organisation that determines the purpose and means of processing personal data, either independently or jointly with others. Data Principal: The person to whom the personal data belongs. For children, this includes a parent or authorised guardian. For individuals with disabilities who cannot act on their own, this extends to their lawful guardian. Data Processor: Any entity that processes personal information on behalf of a Data Fiduciary. Consent Manager: A platform that provides a unified, transparent interface through which Data Principals can grant, monitor, modify or withdraw consent. Appellate Tribunal: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which reviews appeals against decisions made by the Data Protection Board

 

 

 

4. Overview of the Digital Personal Data Protection Rules, 2025

 

The Digital Personal Data Protection Rules, 2025 operationalise the DPDP Act, 2023, creating a practical and transparent system for safeguarding personal data in India’s rapidly growing digital landscape. These Rules place strong emphasis on citizen rights and responsible data handling by organisations. Their objective is to prevent misuse of personal information, minimise digital risks, and foster an environment that supports safe innovation—thereby strengthening trust in India’s digital economy.

To achieve these goals, the Rules lay down several key provisions:

• A phased compliance period of 18 months has been introduced so organisations have adequate time to upgrade systems and adopt sound data-protection practices.
• All Data Fiduciaries must issue a separate, easy-to-read consent notice clearly stating the specific purpose for which personal data is collected and processed.
• Consent Managers—entities that help people manage their permissions—must operate as companies incorporated in India.
• The Rules also define a clear and prompt procedure for reporting data breaches. In the event of a breach, the Data Fiduciary must immediately notify every affected person in simple language, outlining what occurred, potential consequences and the corrective measures taken. The communication must also include relevant contact details for assistance.
• Each Data Fiduciary is required to provide accessible contact information for queries related to personal data—whether that is a designated officer or a Data Protection Officer. Significant Data Fiduciaries have additional responsibilities: they must conduct external audits, undertake impact assessments and implement stricter controls when using emerging or sensitive technologies.
• They may also be required to comply with government directions regarding restricted data categories, including localisation requirements when necessary.
• The Rules strengthen the rights granted under the Act. Individuals can request access to their personal information, corrections or updates, and deletion in permitted situations.
• They may also authorize another person to exercise these rights on their behalf. Data Fiduciaries must respond to such requests within 90 days.
• Additionally, the Rules provide for a fully digital Data Protection Board of India with four members. Citizens will be able to submit complaints online and track them through a dedicated website and mobile app, making grievance resolution faster and more efficient.
• Appeals against the Board’s orders will be handled by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT)

 

5. How the DPDP Rules Empower Individuals?

 

 

The DPDP framework puts citizens at the heart of India’s data protection regime. Its core purpose is to ensure that individuals have clear authority over their personal information and can trust that it is handled responsibly. The rules are drafted in simple, user-friendly language so people can easily understand their rights, while also ensuring that organisations remain accountable for how they manage personal data.

Key Rights and Safeguards Provided to Citizens:

• Right to Give or Withhold Consent
  Individuals have the freedom to agree or refuse the use of their personal data. Consent must be informed, specific, and easy to comprehend, and it can be withdrawn at any point.
• Right to Know How Data is Used
  People are entitled to know what information has been collected about them, the purpose of its collection, and the ways it is being processed. Organisations must share this information in a clear and straightforward format.
• Right to Access Personal Data
  Any individual may request a copy of the personal data that a Data Fiduciary holds about them.
• Right to Correct Personal Data
  Citizens can ask for corrections if their personal information is wrong, inaccurate, or incomplete.
• Right to Update Personal Data
  Individuals may request updates when their details change—such as a new phone number or address.
• Right to Delete Personal Data
  People have the option to seek erasure of their personal data under specific circumstances. The Data Fiduciary must review and act on such requests within the stipulated timeframe.
• Right to Appoint a Representative
  Every person may nominate someone else to exercise their data rights on their behalf—useful during illness or other situations where they cannot act themselves.
• Mandatory Response Within 90 Days
  Data Fiduciaries must respond to requests for access, correction, updating, or deletion within a maximum of ninety days, promoting timely redressal and accountability.
• Protection in Case of Data Breaches
  If a data breach occurs, affected individuals must be informed promptly. The notification must explain the incident and outline the steps they can take to reduce any potential harm.
• Clear Contact Point for Help
  Organisations must provide easily accessible contact details—either of a designated official or a Data Protection Officer—for queries or complaints related to personal data.
• Extra Safeguards for Children
  Processing children’s personal data requires verifiable consent from a parent or guardian, except when the data is used for essential services like medical care, education or immediate safety.

 

6. How the DPDP Framework Works in Harmony with the RTI Act?

 

• As the DPDP Act and its Rules strengthen citizens’ privacy protections, they also clarify how these enhanced rights coexist with the Right to Information (RTI) Act, which ensures public access to information.
• The amendments made through the DPDP Act modify Section 8(1)(j) of the RTI Act in a manner that upholds both privacy and transparency without undermining either.
• This change is consistent with the Supreme Court’s recognition of privacy as a fundamental right in the Puttaswamy judgment.
• It aligns the RTI law with judicial reasoning that has, for years, applied reasonable limits to protect personal information.
• By formally incorporating this approach into the statute, the amendment removes ambiguity and avoids any clash between the RTI Act’s transparency mandate and the privacy protections embedded in the DPDP framework.
• Importantly, the updated provision does not prohibit the release of personal data. Instead, it requires authorities to make a careful, case-specific assessment before sharing such information, keeping the individual’s privacy interests in mind.
• Meanwhile, Section 8(2) of the RTI Act remains unchanged. It empowers public authorities to disclose information whenever the public interest is compelling enough to outweigh potential harm to protected interests.
• This ensures that the core purpose of the RTI Act—promoting openness, accountability and informed citizen participation—continues to shape how information requests are handled

 

 

For Prelims: Personality rights, Delhi High Court, Madras High Court, Right to property, trademark, right to privacy, Article 21, Copyright Act, 1957 For Mains: 1. Explain how can the legal framework for protecting personality rights in India be strengthened to better address the challenges of the digital age. (250 Words)

 

 

Previous Year Questions   1. What is the position of the Right to Property in India? (UPSC 2021)  A. Legal right available to citizens only B. Legal right available to any person C. Fundamental Right available, to citizens only D. Neither Fundamental Right nor legal right Answer: B   2. In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999. The difference/differences between a "Trade Mark" and a Geographical Indication is/are (UPSC 2010) 1. A Trade Mark is an individual or a company's right whereas a Geographical Indication is a community's right. 2. A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed. 3. A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods/products and handicrafts only. Which of the statements given above is/are correct?  A. 1 only          B. 1 and 2 only        C. 2 and 3 only         D. 1, 2 and 3   Answer: B   3. Which of the following statements regarding Article 21 of the Constitution of India is/ is correct?  (CDS GK 2017) 1. Article 21 is violated when under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the state has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below. A. 1, 2 and 3     B. 1 and 2 only     C. 1 and 3 only        D. 2 only   Answer: B   4. Article 21 of Indian Constitution secures: (OPSC OAS 2018) A. Right to life only B. Right to personal liberty only C. Right to liberty and privacy D. Right to life, personal liberty and right to privacy   Answer: D 5. ‘Right to Privacy’ is protected under which Article of the Constitution of India? (UPSC 2021) (a) Article 15 (b) Article 19 (c) Article 21 (d) Article 29 Answer: C 6. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018) (a) Article 14 and the provisions under the 42nd Amendment to the Constitution. (b) Article 17 and the Directive Principles of State Policy in Part IV. (c) Article 21 and the freedoms guaranteed in Part III. (d) Article 24 and the provisions under the 44th Amendment to the Constitution. Answer: C

 

Source: The Hindu