Jan 20 UPSC Current Affairs – PM IAS

Topic 1: The “Pax Silica” Initiative & Critical Mineral Supply Chains

1. Relevant Syllabus

• GS Paper II: Bilateral, regional, and global groupings and agreements involving India and/or affecting India’s interests; Effect of policies and politics of developed and developing countries on India’s interests.
• GS Paper III: Awareness in the fields of IT, Computers; Effects of liberalization on the economy; Indigenization of technology and developing new technology.

2. Context

In January 2026, the global geopolitical landscape witnessed the formalization of the “Pax Silica” Initiative—a strategic alliance led by the US, involving India, Japan, South Korea, and the EU. This initiative was launched in response to the escalating “Chip War” and the weaponization of critical mineral supply chains (Rare Earth Elements – REEs) by dominant players like China. The initiative aims to create a “Trusted Technology Ecosystem,” shifting the global semiconductor paradigm from cost-efficiency to resilience and trust. For India, this comes at a crucial juncture as its semiconductor fabrication units (under previous PLI schemes) are becoming operational, positioning it as a credible alternative node in the global supply chain.

3. Main Body: A Multidimensional Approach

• Geopolitical Dimension (Strategic Autonomy vs. Alignment):
  • Shift from “Pax Americana” to “Pax Silica”: The 20th century was defined by oil (Pax Americana); the 21st century is defined by silicon chips. Control over semiconductor nodes equates to control over modern warfare, AI, and economic grids.
  • The “China Plus One” Maturity: This initiative marks the maturation of the “China Plus One” strategy. It is no longer just about moving low-end manufacturing away from China, but about decoupling the most sensitive “deep tech” supply chains.
  • India’s Balancing Act: While joining this US-led initiative, India must balance its strategic autonomy. Deep integration into US-led tech alliances might irritate Russia and complicate India’s engagement in BRICS, requiring deft diplomatic maneuvering.
• Economic Dimension (Value Chain Integration):
  • Moving Up the Value Chain: India has historically been strong in chip design (talent pool) but weak in fabrication. “Pax Silica” facilitates technology transfer that allows India to move from design to assembly, testing, marking, and packaging (ATMP) and eventually to foundry logic.
  • Export Potential: By 2026, the global semiconductor market is projected to breach the trillion-dollar mark. Even a 5% share for India could mean billions in export revenue, significantly narrowing the Current Account Deficit (CAD) driven by electronic imports.
• Technological Dimension (Critical Minerals Linkage):
  • The REE Bottleneck: “Pax Silica” is not just about fabs; it is about the minerals that feed them (Lithium, Cobalt, Gallium, Germanium). The initiative creates a “Critical Minerals Club” to jointly explore, mine, and process these materials, breaking the monopoly where one nation controls 80% of processing.
  • Tech Sovereignty: Access to high-end chips is essential for India’s own ambitions in 6G, Quantum Computing, and Generative AI sovereign models.
• Social & Environmental Dimension:
  • Job Creation: The semiconductor industry has a high multiplier effect on employment. For every direct job in a fab, 5-6 indirect jobs are created in logistics, chemicals, and construction.
  • Resource Intensity: Fabs are water-guzzling and energy-intensive. A single large fab can consume as much water as a mid-sized city. In a water-stressed India (referencing the “Water Bankruptcy” topic), this creates a conflict between industrial goals and ecological sustainability.

4. Positives

• Resilience: Reduces vulnerability to supply chain shocks (like those seen during the pandemic or geopolitical blockades).
• Technological Upgradation: Accelerates the transfer of critical technologies (ToT) that are usually denied under dual-use restrictions.
• Foreign Direct Investment (FDI): Attracts massive anchor investments from global giants (like Micron, Foxconn, Intel) which spurs the growth of domestic ancillary industries (chemicals, gases, equipment).

5. Negatives

• High Fiscal Cost: The subsidy burden is immense. Governments are engaging in a “subsidy race” (US CHIPS Act vs. EU Chips Act vs. India PLI). There is a risk of capital misallocation where public money funds private profits with uncertain success rates.
• Global Fragmentation: This initiative effectively “balkanizes” the global trade order, violating WTO principles of non-discrimination and leading to a fragmented “splinternet.”
• Implementation Lags: India has a history of bureaucratic delays. If land acquisition, labor laws, and stable power/water supply are not guaranteed, the initiative may remain on paper.

6. Government Schemes

Scheme / Policy	Objective	Key Features
Semicon India Programme (Modified)	Build a sustainable semiconductor and display ecosystem.	Fiscal support of 50% of project cost on a pari-passu basis for all technology nodes.
Design Linked Incentive (DLI) Scheme	Nurture domestic companies of semiconductor design.	Financial incentives and design infrastructure support for startups and MSMEs.
SPECS (Scheme for Promotion of Mfg of Electronic Components)	Strengthen the value chain of ancillary components.	25% financial incentive on capital expenditure for the electronic goods list.
iCET (Initiative on Critical and Emerging Technology)	Bilateral framework with the US.	Facilitates cooperation in space, AI, and semiconductor supply chains (specifically jet engines and chips).
Khanij Bidesh India Ltd. (KABIL)	Secure critical minerals from overseas.	A JV to identify and acquire overseas mineral assets (e.g., Lithium in Argentina/Australia).

7. Way Forward

• Infrastructure Readiness: Create “Plug and Play” industrial parks specifically for high-tech manufacturing with guaranteed 24/7 quality power and recycled water grids.
• Skilling at Scale: Curriculum overhaul in IITs and NITs to introduce specialized courses in Very Large Scale Integration (VLSI) and material sciences to meet the workforce demand (projected deficit of 3 lakh skilled workers by 2027).
• R&D Ecosystem: Move beyond “assembly” (low value capture) to “IP creation” (high value capture). The government needs to fund a “National Semiconductor Research Center” akin to IMEC in Europe.

8. Conclusion

The “Pax Silica” initiative represents a tectonic shift in India’s industrial policy, moving from non-alignment to multi-alignment based on strategic trust. While the geopolitical benefits of countering hegemony are clear, the success of this initiative depends on India’s internal capacity to provide the “soft infrastructure” (skills, R&D) and “hard infrastructure” (water, power) required by this sophisticated industry. India must ensure it does not merely become a “back-office” for US tech giants but emerges as an equal partner in the global value chain.

9. Practice Mains Question

“The ‘Pax Silica’ initiative highlights a shift from free-market globalization to trust-based supply chains. Critically analyze the strategic and economic implications of this shift for India, specifically in the context of the semiconductor and critical minerals sector.” (250 words)

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Topic 2: Supreme Court on POCSO & Adolescent Consent

1. Relevant Syllabus

• GS Paper I: Social empowerment, role of women and women’s organization.
• GS Paper II: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections; Structure, organization and functioning of the Judiciary.

2. Context

In the landmark judgment State of UP vs. Anurudh (2026), the Supreme Court of India highlighted a growing crisis: the “criminalization of adolescence” under the Protection of Children from Sexual Offences (POCSO) Act. The Court observed that a significant percentage of POCSO cases involve consensual romantic relationships between minors (aged 16-18), often initiated by disapproving parents to break up inter-caste or inter-religious relationships. The judgment has reignited the debate on whether the age of consent should be lowered or if a “Romeo-Juliet” exception clause should be introduced in Indian law.

3. Main Body: A Multidimensional Approach

• Legal Dimension (Statutory Rigidity vs. Judicial Nuance):
  • Strict Liability: POCSO is a “strict liability” law. This means consent is irrelevant if the victim is under 18. This was designed to protect children from predatory adults but is now entrapping peers in consensual relationships.
  • The “Age” Conflict: There is a discrepancy between the IPC (where age of consent was raised to 18 in 2013) and the biological/social reality of adolescence.
  • Judicial Overburden: Courts are clogged with cases where the “victim” turns hostile, stating she went with the “accused” willingly. This wastes judicial time and delays justice for victims of actual predatory assault.
• Sociological Dimension (Control vs. Autonomy):
  • Weaponization by Parents: In a conservative society, POCSO has become a tool for “Honor” policing. Parents use the act to criminalize young men from different castes or religions who are in relationships with their daughters.
  • Adolescent Psychology: The age bracket of 16-18 is a transitional phase. Psychology recognizes the development of sexual autonomy. Criminalizing this natural development stigmatizes youth and forces relationships underground, where they are less safe.
• Human Rights Dimension (Article 21):
  • Right to Choice: The Supreme Court in Puttaswamy (Privacy judgment) and Shafin Jahan (Hadiya case) emphasized the Right to Choice of partner as a fundamental right. Applying POCSO to 17-year-olds in consensual relationships arguably violates this autonomy.
  • Impact on the Boy: The “accused” (often a minor boy or just barely 18) faces immediate incarceration without bail (due to the gravity of POCSO charges). This destroys his education, career, and social standing, labeling him a “rapist” for life.

4. Positives (of the Current Law)

• Zero Tolerance: Keeps a watertight legal framework that prevents pedophiles from using “consent” as a defense in court.
• Deterrence: Sends a strong message regarding the sanctity of childhood and protection against sexual exploitation.
• Standardization: Aligns with the international definition of a “child” (UNCRC defines a child as anyone under 18).

5. Negatives (of the Current Application)

• Criminalization of Love: Converts de-facto marriages or teenage romance into heinous crimes.
• Re-victimization: The girl is forced to undergo invasive medical examinations and testify against her partner, causing immense psychological trauma.
• Conviction Rate Paradox: The conviction rate in POCSO remains low (often below 30%) partly because courts eventually acquit in consensual cases, but the process itself becomes the punishment for the accused.

6. Government Schemes & Legal Provisions

Provision / Scheme	Objective	Key Features
POCSO Act, 2012 (Section 4, 6)	Punish sexual assault against children.	strict liability; minimum mandatory sentencing; burden of proof on accused.
Fast Track Special Courts (FTSCs)	Speedy disposal of rape/POCSO cases.	Dedicated courts set up with Nirbhaya Fund support to clear backlogs.
Section 375 IPC (Exception 2)	Marital Rape Exception (relevant context).	Sexual intercourse by a man with his own wife (not being under 15/18) is not rape. Creates a grey area for married minors.
Legal Aid Clinics	Support for juvenile accused.	Provision of free legal counsel for minors accused under POCSO (often lacking in quality).
Samvad Initiative	Mental health support.	Ministry of WCD initiative (with NIMHANS) to provide psychosocial care for children in difficult circumstances.

7. Way Forward

• Legislative Amendment (Romeo-Juliet Clause): India should consider adopting a “Romeo-Juliet” clause similar to western jurisdictions. This allows judges discretion to reduce sentencing or dismiss charges if the age gap between the partners is small (e.g., less than 3-4 years) and the act was consensual.
• Graded Age of Consent: Law Commission (2026 deliberation) could suggest lowering the age of consent to 16 for non-penetrative or non-coercive acts, restoring the pre-2013 legal position.
• Sensitization of Police: Police should be trained to distinguish between “predatory abuse” and “adolescent dalliance” at the FIR stage itself, using Preliminary Enquiries (PE) before arresting young boys.

8. Conclusion

The State of UP vs. Anurudh judgment serves as a wake-up call for the legislature. While the intent of POCSO is noble and necessary, its blanket application to adolescents ignores the complex social reality of India and the biological reality of growing up. A “one-size-fits-all” approach has led to a miscarriage of justice where the law intended to protect children is destroying the lives of young adults. A balanced amendment introducing judicial discretion for the 16-18 age group is the need of the hour to harmonize the “protection of children” with the “liberty of adolescents.”

9. Practice Mains Question

“The rigid application of the POCSO Act in cases of consensual adolescent relationships has led to a conflict between ‘protective paternalism’ and ‘individual autonomy.’ Discuss this statement in light of recent Supreme Court observations and suggest legislative reforms.” (250 words)

Topic 3: Global Water Bankruptcy and India’s Hydrological Crisis

Relevant Syllabus

• GS Paper I: Distribution of key natural resources across the world; Changes in critical geographical features and their effects.
• GS Paper III: Conservation, environmental pollution, and degradation; Disaster and disaster management.

Context

In early 2026, a groundbreaking report by the United Nations University (UNU) titled “The Great Dry: Assessing Global Water Bankruptcy” sent shockwaves through the international community. The report posits that the world has breached the “Hydrological Tipping Point,” where the extraction of freshwater significantly outpaces the natural recharge cycles. For India, the findings are particularly grim: the report identifies the Indo-Gangetic Plain as the world’s most vulnerable region to “Water Bankruptcy”—a state where water debt (excessive consumption) leads to the permanent collapse of ecosystems and local economies.

Main Body: A Multidimensional Approach

• Ecological and Geographical Dimension:
  • Groundwater Depletion: India is the largest consumer of groundwater globally. The UNU report highlights that in regions like Punjab, Haryana, and Rajasthan, the water table is dropping by nearly 1 meter annually. This creates “fossil water” dependency, where we are mining water that took thousands of years to accumulate.
  • The Glacial Retreat: The “Third Pole” (Himalayas) is melting at an unprecedented rate. While this initially causes flooding, the long-term result is a “peak water” scenario, followed by the permanent drying of perennial rivers like the Ganga and Brahmaputra.
  • Land Subsidence: Just as seen in Joshimath and parts of NCR, excessive water extraction is leading to the physical sinking of land, permanently altering topography and destroying infrastructure.
• Economic Dimension (The Agriculture-Water Paradox):
  • Virtual Water Export: India effectively exports billions of liters of water by exporting water-intensive crops like basmati rice and sugarcane. This is an economic gain at an ecological loss.
  • Energy-Water Nexus: Highly subsidized or free electricity for farmers leads to the unchecked operation of tube wells. This creates a vicious cycle where lowering water tables requires more power to pump, leading to fiscal stress on DISCOMS.
  • Industrial Impact: Modern industries, specifically semiconductors (Pax Silica) and green hydrogen, require massive quantities of ultrapure water. Water bankruptcy could derail India’s “Make in India” 2.0 ambitions.
• Social and Gender Dimension:
  • Water Poverty: The burden of water collection falls disproportionately on women and girls in rural India, leading to “time poverty” and lost educational opportunities.
  • Migration and Conflict: “Water refugees” are becoming a reality. As rural wells run dry, distress migration to urban slums increases, straining city resources and potentially leading to civil unrest.
  • Health Implications: As water becomes scarce, concentration of pollutants like arsenic and fluoride increases in the remaining supply, leading to a public health crisis (e.g., fluorosis and kidney diseases).
• Geopolitical Dimension:
  • Transboundary Hydro-politics: With the Brahmaputra and Indus being shared with China and Pakistan, water scarcity escalates the “Upper Riparian vs. Lower Riparian” conflict. China’s dam-building on the Yarlung Tsangpo (Brahmaputra) is seen as a potential tool for “water blackmail” during droughts.

Positives

• Technological Innovation: The crisis is driving the adoption of IoT-based smart irrigation and satellite-based groundwater monitoring (GRACE missions).
• Shift to Millets: The “International Year of Millets” legacy has encouraged a shift toward climate-resilient, low-water-consuming crops, reducing the pressure on the water table.
• Community Awareness: Increased focus on “Jan Andolan” (People’s Movement) for water conservation is reviving traditional structures like Johads, Baolis, and Kuhls.

Negatives

• Ecological Collapse: Irreversible loss of wetlands and biodiversity hotspots, leading to local extinctions of aquatic flora and fauna.
• Food Insecurity: A 20% drop in groundwater availability could lead to a 10-15% reduction in cereal production, threatening India’s hard-won food self-sufficiency.
• Fiscal Burden: The cost of desalination and river-linking projects is astronomical, potentially diverting funds from education and healthcare.

Government Schemes

Scheme Name	Objective	Key Features
Jal Jeevan Mission (JJM)	Provide Functional Household Tap Connections (FHTC).	Aims for 55 liters per capita per day; focuses on “Har Ghar Jal.”
Atal Bhujal Yojana	Sustainable groundwater management.	Community-led water security plans in 7 water-stressed states; World Bank funded.
PM Krishi Sinchayee Yojana (PMKSY)	“Per Drop More Crop.”	Focus on micro-irrigation (drip/sprinkler) and end-to-end solutions in water supply.
Catch the Rain Campaign	Rainwater harvesting (RWH).	Focus on decentralized RWH structures before the monsoon under Jal Shakti Abhiyan.
Amrit Sarovar Mission	Rejuvenation of water bodies.	Aimed at developing/rejuvenating 75 water bodies in every district of India.

Way Forward

• Water Pricing: Introduce a graded pricing system for industrial and luxury water use while ensuring a “basic minimum” for the poor to curb wastage.
• Circular Water Economy: Mandatory 100% recycling of sewage water for industrial and gardening purposes in all Tier-1 and Tier-2 cities.
• Regenerative Agriculture: Scaling up Natural Farming and “Direct Seeded Rice” (DSR) techniques to reduce the water footprint of the Kharif season.
• Legal Reform: Updating the “Easement Act, 1882” to decouple land ownership from groundwater rights, treating water as a “common pool resource.”

Conclusion

Global Water Bankruptcy is not a distant threat but a present reality. For India, the path to $5 trillion and beyond must be paved with “Blue Economy” principles. Unless we transition from “supply-side management” (dams/canals) to “demand-side management” (conservation/efficiency), the hydrological tipping point will lead to an economic and social collapse that no amount of fiscal policy can fix.

Practice Mains Question

“Water Bankruptcy is a more potent threat to India’s long-term security than conventional geopolitical challenges.” Critically analyze this statement in the light of the UN University Report 2026. (250 words)

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Topic 4: India-EU Free Trade Agreement (FTA) and the Strategic Pivot

Relevant Syllabus

• GS Paper II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
• GS Paper III: Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth.

Context

In January 2026, during the visit of the President of the European Commission to New Delhi for the Republic Day celebrations, negotiations for the India-EU Free Trade Agreement (officially known as the Broad-based Trade and Investment Agreement – BTIA) entered their “Endgame” phase. With global trade being reshaped by the “Pax Silica” logic and potential trade barriers in the US, India has fast-tracked the EU deal. The EU is currently India’s largest trading partner as a bloc, and the successful signing of this FTA is expected to increase bilateral trade by over 30% by 2030.

Main Body: A Multidimensional Approach

• Economic Dimension (Market Access vs. Protectionism):
  • The “Textiles and Leather” Gain: For India, the FTA is a holy grail for labor-intensive sectors. Currently, Indian textiles face 10-12% duties compared to 0% for Bangladesh and Vietnam. The FTA would level the playing field.
  • The “Dairy and Spirits” Challenge: The EU is pushing for deep cuts in India’s high tariffs on wines, spirits, and dairy products. Indian cooperatives (like Amul) fear that subsidized European dairy could hurt local livelihoods.
  • Services Trade: India is pushing for “Mode 4” access—easier movement of professionals (IT, doctors, engineers) to the EU, which has traditionally been a point of friction due to strict EU visa regimes.
• Regulatory Dimension (The CBAM Conflict):
  • Carbon Border Adjustment Mechanism (CBAM): The EU’s “Green Deal” includes a carbon tax on imports like steel and aluminum. India views this as a “Green Trade Barrier.” The 2026 talks are focusing on a “Carbon Credit Recognition” mechanism to bypass these costs.
  • Sustainability Standards: The EU insists on rigorous labor and environmental standards. While India has improved its ESG (Environmental, Social, and Governance) framework, it argues that these standards should not be used as disguised protectionism against developing nations.
• Strategic Dimension (De-risking from China):
  • Supply Chain Resilience: Both India and the EU seek to reduce dependence on China for critical inputs. The FTA is the economic pillar of the “India-EU Connectivity Partnership.”
  • Technology Transfer: The agreement includes provisions for the “Trade and Technology Council” (TTC), focusing on quantum computing, AI, and 6G, aligning with the “Pax Silica” initiative.
• Legal Dimension (Investment Protection):
  • Bilateral Investment Treaty (BIT): A major sticking point has been the Dispute Settlement Mechanism. The EU wants an “Investment Court System,” while India prefers “Exhaustion of Local Remedies” before moving to international arbitration. A middle ground is being sought to protect European FDI in India’s infrastructure.

Positives

• Diversification: Reduces India’s over-reliance on any single market (like the US or China), providing a stable, high-value consumer base for Indian exports.
• FDI Inflow: Expected to trigger a massive surge in European investment in India’s green energy, chemicals, and automotive sectors (specifically EVs).
• Quality Standards: Alignment with EU standards will automatically make Indian products more competitive in other global markets (Global North).

Negatives

• IPR Issues (Data Exclusivity): EU pharmaceutical giants are pushing for “Data Exclusivity,” which could delay the entry of cheap Indian generics, impacting the “Pharmacy of the World” status.
• Geographical Indications (GIs): The EU wants strict protection for its GIs (e.g., Feta cheese, Champagne). This would force Indian producers to rename several products, impacting domestic branding.
• Loss of Customs Revenue: For a developing economy like India, the reduction of import duties leads to a significant (though temporary) loss in fiscal revenue.

Government Schemes and Policies

Policy / Scheme	Objective	Key Features
Foreign Trade Policy (FTP) 2023	Increase exports to $2 trillion by 2030.	Focus on “e-commerce hubs,” “Districts as Export Hubs,” and internationalizing the Rupee.
RoDTEP Scheme	Remission of Duties and Taxes on Exported Products.	Replaces MEIS; ensures no domestic taxes are exported, making Indian goods competitive.
Production Linked Incentive (PLI)	Boost domestic manufacturing.	Covers 14 sectors; designed to create “Global Champions” who can utilize FTAs.
National Logistics Policy (NLP)	Reduce logistics cost from 14% to 8%.	Digital integration (ULIP) and infrastructure development to support export-led growth.
India-EU Trade & Tech Council	Strategic coordination on deep tech.	High-level platform to address trade barriers and align tech standards.

Way Forward

• Phased Liberalization: India should negotiate long “negative lists” and “grace periods” (10-15 years) for sensitive sectors like dairy and MSMEs.
• CBAM Reciprocity: Negotiate a “Green Hydrogen/Green Steel” partnership where India’s green exports are exempted from carbon taxes in exchange for EU technology access.
• Services Focus: Instead of just “Mode 4” (visas), India should focus on “Mode 1” (Digital/Remote Services) where the EU’s Data Protection laws (GDPR) currently create barriers for Indian IT firms.
• Infrastructure Synergy: Align India’s “Gati Shakti” with the EU’s “Global Gateway” to improve the physical connectivity required to actualize the trade gains.

Conclusion

The India-EU FTA is more than just a trade deal; it is a “Strategic Marriage” between the world’s largest democracy and the world’s largest trading bloc. While the challenges of CBAM and IPR remain, the geopolitical necessity of a “Democratic Supply Chain” makes this agreement inevitable. For India, it represents the final step in its transition from a “protective economy” to a “globally integrated manufacturing hub.”

Practice Mains Question

“The India-EU Free Trade Agreement is not just an economic necessity but a strategic imperative in the emerging ‘Pax Silica’ world order.” Discuss the key hurdles and the potential benefits for the Indian economy. (250 words)

Topic 5: Split Verdict on Section 17A (Prevention of Corruption Act)

Relevant Syllabus

• GS Paper II: Statutory, regulatory, and various quasi-judicial bodies; Important aspects of governance, transparency, and accountability; Role of civil services in a democracy.
• GS Paper IV: Ethics and Human Interface; Accountability and ethical governance; Strengthening of ethical and moral values in governance.

Context

In January 2026, a two-judge bench of the Supreme Court delivered a 1:1 split verdict on the constitutional validity of Section 17A of the Prevention of Corruption (PC) Act, 1988. This provision, inserted via the 2018 Amendment, mandates that no police officer shall conduct any enquiry or investigation into any offence alleged to have been committed by a public servant where the offence is relatable to any recommendation made or decision taken in the discharge of official functions, without the prior approval of the competent authority. Due to the disagreement between Justice B.V. Nagarathna (who struck it down) and Justice K.V. Viswanathan (who upheld it with riders), the matter has been referred to the Chief Justice of India for the constitution of a larger bench.

Main Body: A Multidimensional Approach

• Constitutional Dimension (The Article 14 Conflict):
  • The Equality Debate: Critics argue that Section 17A creates a “privileged class” of citizens by providing a procedural shield to public servants that is unavailable to the common man. Justice Nagarathna highlighted that this violates Article 14, as the classification between a public servant and a private citizen in a corruption probe has no rational nexus with the objective of the PC Act—which is to eradicate corruption.
  • Revival of the “Single Directive”: The verdict revisits the ghost of the Subramanian Swamy (2014) case, where the SC struck down Section 6A of the DSPE Act (which required prior sanction for officers of Joint Secretary rank and above). Section 17A is seen by some as “old wine in a new bottle,” extending that invalidated protection to all categories of public servants.
• Governance Dimension (Policy Paralysis vs. Accountability):
  • The “Steel Frame” Protection: Proponents, including Justice Viswanathan, argue that the “Steel Frame” (as Sardar Patel called the civil services) requires protection from the “3Cs” (CBI, CVC, and CAG). Without Section 17A, honest officers might succumb to “play-it-safe syndrome,” where the fear of post-facto investigation into bona fide policy decisions leads to administrative inertia and stagnation.
  • Executive Veto: The counter-argument is that Section 17A gives the executive an effective “veto” over whether its own officers should be investigated. This compromises the independence of investigative agencies, making them subservient to the very authorities they are meant to probe.
• Administrative Dimension (Integration with Lokpal):
  • The “Third Way”: A significant development in this verdict is Justice Viswanathan’s proposal to bridge the gap by making the Lokpal (at the Centre) and Lokayuktas (in States) the screening authorities. Instead of the government deciding on the investigation of its own officers, an independent judicial/quasi-judicial body would assess if a prima facie case exists, thus preserving both the protection for honest officers and the integrity of the probe.
• Social and Ethical Dimension:
  • Erosion of Public Trust: Corruption is a “social cancer.” When legal provisions appear to block the very initiation of an enquiry, it erodes public faith in the Rule of Law.
  • Information Asymmetry: Corruption often leaves a paper trail that can only be uncovered through a preliminary enquiry. By blocking the enquiry at the threshold, Section 17A prevents the “discovery of truth,” effectively ending the case before it begins.

Positives

• Protection of Bona Fide Decisions: It prevents “witch-hunts” against officers who make complex commercial or policy decisions that might result in a loss to the exchequer without any personal gain or corrupt intent.
• Uniformity: Unlike previous laws that protected only senior bureaucrats, Section 17A applies to all public servants, removing rank-based discrimination in procedural safeguards.
• Reduction in Frivolous Complaints: Acts as a filter against motivated complaints filed by disgruntled subordinates or political rivals aimed at stalling an officer’s career.

Negatives

• Threshold Barrier: Even a “Preliminary Enquiry” (PE) is barred. This is problematic because a PE is often needed just to gather enough material to ask for a sanction.
• Potential for Delay: The “competent authority” often takes months or years to decide on the approval, giving the accused ample time to destroy evidence or influence witnesses.
• Conflict of Interest: Since the approving authority is usually the administrative superior or the political executive, there is a high risk of “shielding” favorites while “persecuting” whistleblowers.

Government Provisions & Legal Framework

Provision / Act	Year	Key Objective
Section 19, PC Act	1988	Mandates prior sanction before a court takes cognisance (prosecution stage).
Section 17A, PC Act	2018	Mandates prior approval before initiation of investigation (investigation stage).
Lokpal & Lokayuktas Act	2013	Establishes independent bodies to inquire into allegations of corruption against public functionaries.
CVC Act	2003	Gives the Central Vigilance Commission the power to exercise superintendence over the CBI in corruption cases.
Section 197, CrPC	1973	Protection for judges and public servants from prosecution for acts done in official capacity.

Way Forward

• Time-Bound Decisions: The law must be amended to provide a mandatory “Deemed Approval” clause if the competent authority fails to decide on the request within 90 days.
• Independent Screening: Adopting the “Viswanathan Model”—transferring the power of approval from the Executive to the Lokpal/Lokayukta to ensure impartiality.
• Distinguishing “Errors” from “Misconduct”: Guidelines must clearly define what constitutes a “decisional act” to ensure that blatant criminal acts (like bribery) are not masked as “policy decisions.”

Conclusion

The split verdict reflects the quintessential dilemma of modern Indian administration: how to balance administrative efficiency with uncompromising accountability. While the “Steel Frame” needs protection to function without fear, that protection cannot become a fortress for the corrupt. The final word from the larger bench will determine whether India’s anti-corruption architecture prioritizes the “process” of justice or the “protection” of the bureaucracy.

Practice Mains Question

“Section 17A of the Prevention of Corruption Act seeks to cure ‘policy paralysis’ but risks causing ‘accountability paralysis.’ Critically examine this statement in the context of the recent Supreme Court split verdict and suggest a balanced framework for protecting honest public servants.” (250 words)

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Topic 6: National Sports Governance Rules, 2026

Relevant Syllabus

• GS Paper II: Government policies and interventions for development in various sectors; Governance, transparency, and accountability.
• GS Paper I: Social empowerment; Role of women.

Context

On January 12, 2026, the Ministry of Youth Affairs and Sports notified the National Sports Governance (National Sports Bodies) Rules, 2026, framed under the National Sports Governance Act, 2025. These rules represent the most comprehensive overhaul of Indian sports administration since independence. Aimed at aligning Indian sports bodies with the Olympic Charter and the principles of “Good Governance,” the rules introduce mandatory athlete representation, strict tenure limits, and a robust dispute-resolution mechanism, effectively making National Sports Federations (NSFs) more democratic and transparent.

Main Body: A Multidimensional Approach

• Governance and Accountability Dimension:
  • RTI Compliance: For the first time, all recognized National Sports Bodies are classified as “Public Authorities” under the RTI Act, 2005. This brings financial transparency to how public funds and sponsorship money are utilized.
  • Age and Tenure Limits: The rules enforce a cap of 70 years of age and a maximum of three terms (12 years) for key office-bearers (President, Secretary, Treasurer), ensuring a “generational shift” and preventing the creation of personal fiefdoms in sports bodies.
• The Athlete-Centric Dimension:
  • The SOM Framework: The rules mandate the inclusion of at least 4 Sportspersons of Outstanding Merit (SOMs) as voting members in the General Body. These SOMs are selected through a 10-tier eligibility criteria ranging from Olympic medalists (Tier 1) to National Champions (Tier 10).
  • Athletes Committee: Every NSF must now have a mandatory “Athletes Committee” elected by the athletes themselves, ensuring that the primary stakeholders have a say in coaching, selection, and tournament planning.
• Social Dimension (Gender and Inclusivity):
  • Gender Parity: The rules mandate 50% representation for women among the SOMs in the General Body. Furthermore, at least one woman must be an office-bearer in the Executive Committee.
  • Safe Sports Policy: In response to high-profile harassment cases in recent years, the 2026 rules mandate a “National Safe Sports Policy” including an internal grievance redressal mechanism and a Code of Ethics to protect minor and female athletes.
• Legal and Institutional Dimension:
  • National Sports Tribunal (NST): The rules operationalize the NST to resolve selection disputes and governance issues within 30-60 days, reducing the reliance on civil courts which often delay an athlete’s career.
  • National Sports Election Panel: To prevent rigged elections, a centralized panel of independent electoral officers will conduct all sports body elections.

Positives

• Democratization: Shifts power from “career administrators” and politicians to the athletes who actually understand the nuances of the sport.
• Global Integration: Aligns India’s governance with the International Olympic Committee (IOC) standards, crucial for India’s bid to host the 2036 Olympic Games.
• Professionalism: The requirement for professional CEOs and financial audits will improve the management of sports infrastructure and talent scouting (e.g., Khelo India integration).

Negatives

• Autonomy Concerns: Some international bodies (like FIFA or World Athletics) might view the government-mandated “National Sports Board” as “third-party interference,” potentially risking the suspension of Indian federations.
• Tokenism Risk: Without proper training, the 50% women SOMs or the athlete representatives might become “rubber stamps” for the dominant political factions within the federations.
• The “Administrator” Vacuum: By barring those with prior associations from certain ad-hoc roles, the rules might exclude genuine experts in favor of bureaucrats who lack specific sports knowledge.

Government Schemes & Institutional Framework

Body / Scheme	Role under 2026 Rules	Key Feature
National Sports Board (NSB)	Apex Regulatory Authority	Grants/withdraws recognition; sets governance standards.
National Sports Tribunal (NST)	Judicial Arm	Civil court powers to resolve selection and election disputes.
Khelo India (KIRTI)	Grassroots Pipeline	Talent identified here feeds into the NSFs governed by the new rules.
TOPS (Target Olympic Podium)	Elite Support	Management of TOPS is now subject to scrutiny by the Athletes Committee.
National Sports Election Panel	Oversight	Roster of 20+ members to ensure fair, transparent elections.

Way Forward

• Capacity Building: The government should launch a “Sports Management Training Program” for the newly inducted athlete-representatives and women leaders to ensure their participation is substantive, not just symbolic.
• Center-State Harmonization: Since “Sports” is a State subject (Entry 33, List II), the Centre must incentivize states to adopt similar “State Sports Governance Rules” to ensure the reforms reach the grassroots level.
• Digital Governance: Implementing a mandatory “National Sports Portal” where every NSF must upload its audited accounts, selection criteria, and minutes of meetings in real-time.

Conclusion

The 2026 Sports Governance Rules mark the end of the “Amateur Era” in Indian sports administration. By embedding transparency, gender equity, and athlete-supremacy into the legal framework, India is preparing itself to be a global sporting superpower. The success of these rules will be measured not just by medals in the 2028 and 2032 Olympics, but by the integrity and safety of the ecosystem that produces those champions.

Practice Mains Question

“The National Sports Governance Rules 2026 aim to transform athletes from ‘subjects’ to ‘stakeholders’ in sports administration. Analyze the key provisions of these rules and discuss the potential challenges in their implementation given the autonomy of International Sports Federations.” (250 words)