Roll Recall: On the Supreme Court and the Bihar SIR Exercise
Syllabus
- GS Paper-II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Separation of powers between various organs, dispute redressal mechanisms and institutions.
Context An editorial in The Hindu on August 20, 2025, titled “Roll recall,” commented on the Supreme Court’s intervention in the Bihar Special Identity Registration (SIR) exercise. The editorial highlighted that the Court’s directive to the Election Commission of India (ECI) to address procedural lapses in the exercise underscores the ECI’s failure to ensure transparency and accountability. The editorial argued that while the ECI’s actions were constitutionally valid, its procedural failures in handling complaints necessitated judicial intervention.
In-depth Analysis and UPSC-Relevant Points
This editorial is highly relevant for UPSC as it delves into the intricate relationship between the judiciary and the Election Commission, touching upon the principle of separation of powers and the role of constitutional bodies in upholding democratic values.
- Electoral Integrity and the Role of the ECI: The editorial emphasizes that the ECI, as a constitutional body, is mandated to ensure free and fair elections and maintain the sanctity of the electoral roll. However, the editorial’s critique is that the ECI, by failing to address a significant number of complaints regarding the SIR exercise, fell short of its constitutional duty. The editorial pointed out that the complaints included allegations of fraudulent registrations and the arbitrary deletion of names from the electoral roll. Such a lapse by the ECI, the editorial argues, undermines the very foundation of democratic representation.
- Judicial Overreach or Essential Intervention? The editorial raises the question of whether the Supreme Court’s intervention constitutes judicial overreach. It concludes that in this specific case, the Court’s action was a necessary intervention to rectify an “egregious situation.” The editorial argued that the Court did not interfere with the ECI’s primary function but rather prompted it to follow its own procedural guidelines and address grievances in a time-bound and transparent manner. This underscores the judiciary’s role as a guardian of the constitution and a check on the powers of other constitutional bodies, ensuring they operate within the framework of law.
- Lessons for the ECI and Electoral Reforms: The editorial suggests that the Supreme Court’s ruling should serve as a wake-up call for the ECI. It highlights the need for the ECI to have a more robust and transparent grievance redressal mechanism. The editorial also implicitly calls for electoral reforms that make the process of voter registration and verification more foolproof and less susceptible to political manipulation. This is crucial for strengthening the country’s democratic institutions and ensuring that every citizen’s right to vote is protected.
- Federalism and Identity Politics: The Bihar SIR exercise, as the editorial notes, has its roots in the state’s complex political landscape. The exercise, which was ostensibly aimed at rooting out illegal immigrants, became a tool for identity politics. The editorial cautions that such exercises, if not handled with care and transparency, can be used to target specific communities and can lead to a breakdown of social cohesion.
Sedition Redux: On Trampling on Press Freedom
Syllabus
- GS Paper-II: Fundamental Rights. Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Context An editorial in The Hindu on August 20, 2025, titled “Sedition redux,” critically analyzed the implications of the new sedition law on press freedom in India. The editorial argued that the new law, which has been brought in to replace the colonial-era law, is even more draconian and poses a greater threat to freedom of expression. It contended that the new law’s broad and vague language could be used to silence journalists and dissenters, thus creating a chilling effect on free speech.
In-depth Analysis and UPSC-Relevant Points
This editorial is highly relevant for UPSC as it deals with the fundamental rights of citizens, the role of the press in a democracy, and the ongoing debate on balancing national security with civil liberties.
- The New Sedition Law vs. the Old: The editorial’s central argument is that the new sedition law, while ostensibly aimed at decolonizing India’s legal system, is a step backward for press freedom. It notes that the new law’s definition of sedition is even broader than the old one and includes acts that “endanger the sovereignty, unity, and integrity of India.” The editorial cautions that this vague language can be used to label any form of criticism or dissent as an act of sedition. This is a crucial point for UPSC as it highlights the difference between the rule of law and the rule by law, where the law is used to serve the interests of the powerful.
- The Role of a Free Press in a Democracy: The editorial emphasizes that a free and independent press is the fourth pillar of democracy and plays a crucial role in holding the government accountable. The new law, the editorial argues, can be used to silence journalists who report on government corruption or who are critical of government policies. This will not only have a chilling effect on free speech but will also lead to a more authoritarian form of governance. The editorial notes that a healthy democracy requires a robust public debate and that the new law can be used to stifle this debate.
- A Threat to Civil Liberties and Dissent: The editorial argues that the new law is not just a threat to press freedom but to the civil liberties of all citizens. It notes that the law can be used to target dissenters, activists, and anyone who questions the government’s authority. The editorial calls for a complete repeal of the sedition law and for a more robust legal framework that protects freedom of expression while also addressing genuine threats to national security.
- Constitutional Principles and the Way Forward: The editorial concludes by calling on the judiciary to play a more active role in protecting fundamental rights. It notes that the new law, if challenged in the Supreme Court, is likely to be struck down as it violates the principles of natural justice and the basic structure of the Constitution. The editorial calls on the government to reconsider the new law and to engage in a wider public debate on the issue.
Justice and Equality: On Organ Transplantation, Gender Skew
Syllabus
- GS Paper-II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Context A third editorial in The Hindu on August 20, 2025, titled “Justice and equality,” focused on the gender skew in organ transplantation in India. The editorial highlighted a disturbing trend where women are disproportionately the donors of organs, particularly kidneys, while men are the primary recipients. It argued that this gender skew is a reflection of the deep-seated patriarchal norms in Indian society and that it raises serious ethical and social concerns.
In-depth Analysis and UPSC-Relevant Points
This editorial is highly relevant for UPSC as it links a health issue to broader social and cultural themes. It provides a nuanced analysis of the ethical and social challenges in a healthcare system that is shaped by gender inequality.
- The Gendered Nature of Organ Donation: The editorial provides a stark picture of the gendered nature of organ donation in India. It notes that a majority of the donors are women, even though the recipients are mostly men. This is not because women are more willing to donate organs, the editorial argues, but because they are often pressured to do so. The editorial points out that women are often seen as being more expendable and that their health is given less importance than that of men. This is a clear case of gender inequality in a healthcare setting.
- The Role of Healthcare Policy and Social Norms: The editorial calls for a more gender-sensitive approach to organ transplantation. It argues that the healthcare system needs to be more aware of the gender dynamics of organ donation and that it needs to ensure that women are not coerced into donating organs. The editorial also calls for a more robust public awareness campaign to address the deep-seated patriarchal norms that contribute to this gender skew. The editorial suggests that a change in social norms is necessary to ensure that both men and women are treated as equals in the healthcare system.
- Legal and Ethical Frameworks: The editorial also touches upon the legal and ethical frameworks surrounding organ transplantation. It notes that while India has a legal framework for organ donation, it is not always effective in preventing coercion and exploitation. The editorial calls for a more robust legal framework that protects the rights of donors, especially women, and that ensures that the process of organ donation is fair and transparent.
- The Way Forward: The editorial concludes by calling on all stakeholders—the government, the healthcare system, and civil society—to work together to address the gender skew in organ transplantation. It notes that a change in policy is not enough; there is a need for a change in mindset. The editorial calls for a more equitable and a more just society where women and men are treated as equals in all spheres of life, including healthcare.
