Daily Editorial Analysis 14 November 2026

To Strengthen the Supreme Court, Divide It

Context

• The Supreme Court of India is the highest judicial authority and guardian of the Constitution, fundamental rights, and democratic values.
• However, its expanding workload and mounting pendency have weakened its ability to perform its primary constitutional responsibilities.
• Increasingly occupied with ordinary appeals, the court has struggled to address important constitutional questions.
• In 2016, three Supreme Court judges raised 11 questions about the institution’s functioning and referred them to a larger Bench. A decade later, the reference remains unheard.
• This highlights the urgency of judicial reform and strengthens the case for dividing the Supreme Court into a Constitutional Court and regional Courts of Appeal.

The Growing Crisis of Judicial Pendency

• By the end of 2025, the Supreme Court had approximately 92,318 pending cases, its highest recorded backlog.
• This represented an increase of nearly 10,000 cases over the previous year.
• The problem extends beyond insufficient judicial strength to the institutional structure itself.
• During the first half of the 1960s, Constitution Benches decided an average of 134 cases annually. Over the last decade, this declined to fewer than 10 cases annually.
• Meanwhile, Special Leave Petitions (SLPs) under Article 136 have increasingly dominated the court’s workload, accounting for approximately 84.6% of its admission docket in 2011.
• Originally intended as an extraordinary remedy, Article 136 has contributed to transforming the Supreme Court into a general appellate court.
• In Bihar Legal Support Society (1986), a Constitution Bench led by Chief Justice P.N. Bhagwati clarified that the Supreme Court was never intended to function as an ordinary court of appeal.

Recommendations of the Law Commission and Parliament

• The 229th Law Commission Report (2009) recommended a Constitution Bench in Delhi alongside four regional Cassation Benches.
• Similarly, a Parliamentary Standing Committee in 2023 recommended regional Benches, subsequently accepted by the Union Law Ministry.
• These recommendations demonstrate that judicial restructuring has considerable institutional support.

International Experiences and Comparative Models

• Several democracies successfully separate constitutional adjudication from ordinary appellate functions.
• United States: The Supreme Court operates above 13 federal Courts of Appeals and considers only a small proportion of cases.
• South Africa: It has a separate Constitutional Court and Supreme Court of Appeal.
• Germany: Its Federal Constitutional Court exclusively handles constitutional matters, while specialised federal courts address other disputes.
• Brazil: Its 1988 Constitution established a separate Superior Tribunal of Justice to handle ordinary federal appeals, relieving the Supreme Federal Tribunal of its dual responsibilities.

Importance of Judicial Filtering

• Brazil’s experience demonstrates that structural separation alone cannot eliminate congestion.
• Effective case-selection mechanisms are equally necessary.
• The U.S. Supreme Court accepts roughly 1% of the 7,000 petitions it receives annually through its discretionary review system.
• Similarly, Brazil introduced the general repercussion requirement in 2004, allowing constitutional appeals only when questions have significance beyond the immediate parties.
• India could adopt comparable mechanisms to prevent the proposed Constitutional Court from becoming another overburdened institution.
• The 229th Law Commission Report also suggested that Article 130 could permit regional Benches without necessarily requiring a constitutional amendment.

Concerns Regarding the Division of the Supreme Court

• Successive Chief Justices have opposed the proposal on grounds of institutional unity.
• They argue that regional Courts of Appeal might be perceived as inferior institutions, encouraging litigants to approach the Constitutional Court in Delhi.
• Such a development could create another appellate hierarchy and weaken the authority of a single final court.
• Institutional coherence, judicial independence, and consistency of judgments must therefore remain central considerations.

The Way Forward: Restoring the Court

• Addressing the Illusion of Institutional Unity

  • The existing Supreme Court already functions through numerous small Benches, sometimes delivering contradictory judgments.
  • Its constitutional responsibilities receive inadequate attention because of excessive appellate litigation.
  • Thus, institutional unity is increasingly theoretical. A separate Constitutional Court could restore coherence by concentrating on questions affecting the entire Republic.

• Steps Beyond Increasing Judicial Strength

  • Expanding judicial strength has not resolved the problem. When the sanctioned strength increased to 34 judges in 2019, pendency stood at approximately 60,000 cases.
  • By the end of 2025, it had reached nearly 93,000.
  • During 2025, the court disposed of 65,615 cases, while 75,410 fresh matters arrived. In 2026, Parliament increased its sanctioned strength to 38 judges.
  • These figures demonstrate that appointing additional judges without restructuring judicial responsibilities cannot provide a lasting solution.
  • The priority must be rationalising the distribution of judicial work.

Conclusion

• The Supreme Court’s mounting pendency reflects a deeper institutional crisis affecting constitutional adjudication and access to justice.
• Establishing a dedicated Constitutional Court and regional Courts of Appeal, supported by effective case-filtering mechanisms, offers a practical solution.
• Although concerns about institutional unity require safeguards, preserving the existing structure is unlikely to resolve the crisis.
• Judicial specialisation, constitutional accountability, institutional efficiency, and speedy justice must guide reform.
• Restructuring would not diminish the Supreme Court’s authority but restore its constitutional purpose while ensuring accessible and timely justice for ordinary citizens.

To Strengthen the Supreme Court, Divide It FAQs

Q1. Why is restructuring the Supreme Court necessary?

Ans. The restructuring is necessary to reduce judicial pendency and restore the court’s constitutional responsibilities.

Q2. What is the proposed two-tier judicial structure?

Ans. It proposes a Constitutional Court in Delhi and four or five regional Courts of Appeal.

Q3. What is the significance of Article 136?

Ans. Article 136 empowers the Supreme Court to entertain Special Leave Petitions as an extraordinary appellate remedy.

Q4. What is the main concern regarding the division of the Supreme Court?

Ans. The main concern is that division could weaken institutional unity and create conflicting judicial interpretations.

Q5. Why is increasing the number of judges insufficient?

Ans. Increasing judicial strength alone cannot resolve congestion without restructuring the distribution of judicial responsibilities.

Source: The Hindu

The Challenge of Holding the Quad Together

Context

• The US Secretary of State announced that leaders of the four Quad countries — India, Australia, Japan, and the US — are expected to meet in Manila in November 2026, on the sidelines of the ASEAN Summit.
• This marks the first Quad Leaders’ Summit since Donald Trump’s second term began, and the first attended by Japanese PM Sanae Takaichi.
  • The last such summit was held in Wilmington (2024), under Biden and Kishida.
• This announcement comes after a turbulent 2025 for the grouping, raising key questions about the Quad’s future cohesion and Trump’s Indo-Pacific vision.
• This article highlights the challenges facing the Quad grouping amid shifting US geopolitical priorities and growing uncertainty over Washington’s Indo-Pacific engagement.
• It examines the grouping’s efforts to sustain cooperation despite strategic turbulence, the significance of the proposed Manila summit, and how India, Japan and Australia are diversifying their security partnerships.

A Period of Strategic Turbulence

• Though India was expected to host the next summit, 2025 saw the Quad undergo intense strategic turbulence due to shifting US geopolitical priorities and changing bilateral dynamics, especially with India.
• Despite this, the grouping did not collapse — operational cooperation continued.
• Key Achievement: The Quad’s Indo-Pacific Maritime Domain Awareness initiative was elevated to the Indo-Pacific Maritime Surveillance Collaboration framework, launched in New Delhi (May 2026) following a Quad Foreign Ministers’ Meeting.

Keeping the Quad Afloat: Ministerial Engagement

• Foreign Ministers met multiple times despite the political low point:
  • 2025: Twice in Washington (first meeting marked Marco Rubio’s debut as Secretary of State).
  • 2026: Three times — in New Delhi, Manila, and Atlanta.
• Since the Quad lacks a permanent bureaucracy or institutional framework, leader-level summits serve as vital platforms to reaffirm shared purpose and set the agenda.

The Core Question: Trump’s Indo-Pacific Engagement

• This summit will be the first real indication of Trump’s Indo-Pacific vision for his second term.
• Historical Context: The Quad was revived during Trump’s first term (2017), which also saw the US Pacific Command renamed US Indo-Pacific Command.
• Current Concerns: Trump’s priorities have been dominated by the Russia-Ukraine war, transatlantic/NATO relations, and the West Asia conflict — causing regional partners to worry about a potential shift away from the Indo-Pacific.
• Trump’s push for greater burden-sharing among partners, and the White House’s review of AUKUS, have heightened uncertainty among Indo-Pacific players.

Regional Responses: Diversification Strategies

• Facing this uncertainty, Quad partners have pursued diversification of their security approaches:
  • Japan: Launched the OCEAN (One Cooperative Effort Among Nations) framework, reshaping its post-war security posture through deeper strategic alignment with partners.
  • Australia: Strengthened defence partnerships with India, Japan, Southeast Asian nations, and Pacific Island countries to counter China’s expanding footprint.
  • India: Continues its policy of multi-alignment, diversifying defence and strategic ties across the Indian Ocean and wider Indo-Pacific.
  • JAI grouping (Japan-Australia-India): Defence Ministers met recently in Cebu, signalling deeper trilateral cooperation independent of Washington’s role.
  • France: Emerging as a new Indo-Pacific player, strengthening ties with regional countries for a balanced security environment.
• Despite this diversification, Washington’s role remains critical — particularly in safeguarding the Taiwan Strait, a key flashpoint amid China’s growing maritime assertiveness.

Why Manila Matters: A Strategic Message

• Though India was expected to host the summit, the Philippines hosting it reinforces a foundational Quad pillar: ASEAN centrality.
• The Philippines is at the frontline of Chinese assertiveness in the Indo-Pacific, with ongoing South China Sea sovereignty disputes with Beijing.
• Following precedent, Quad leaders are expected to reiterate the importance of respecting sovereignty in the South and East China Seas and condemn violations of international law.
• For Trump, this visit carries two key priorities: resetting American posture in the region and reaffirming the Quad’s commitment against Chinese belligerence — delivered symbolically from Manila itself.

Conclusion

The Manila summit represents a crucial test of the Quad’s resilience amid Trump-era uncertainty. While regional partners diversify their strategic options, sustained American engagement remains indispensable for countering China’s assertiveness and preserving a stable, rules-based Indo-Pacific order.

The Challenge of Holding the Quad Together FAQs

Q1. What makes the proposed Manila summit significant for the Quad?

Ans. The Manila summit will be the first Quad Leaders’ Summit since Trump’s second term began and Japanese Prime Minister Sanae Takaichi took office.

Q2. How did the Quad sustain cooperation during the strategic turbulence of 2025?

Ans. Despite political differences, ministerial meetings continued, while maritime cooperation advanced through the Indo-Pacific Maritime Surveillance Collaboration framework launched in New Delhi in May 2026.

Q3. Why is Trump’s Indo-Pacific engagement a major concern for Quad partners?

Ans. Trump’s focus on other geopolitical priorities, demands for greater burden-sharing and review of AUKUS have created uncertainty about sustained American regional engagement.

Q4. How are Quad partners diversifying their regional security strategies?

Ans. Japan launched OCEAN, Australia strengthened regional defence partnerships, India pursued multi-alignment, while the Japan-Australia-India grouping deepened trilateral defence cooperation.

Q5. Why does hosting the Quad summit in Manila carry strategic significance?

Ans. Manila reinforces ASEAN centrality and highlights South China Sea tensions, offering an opportunity to reaffirm sovereignty, international law and opposition to Chinese assertiveness.

Source: TH

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Egg Donation Trafficking in India – Regulatory Gaps and the Need for Stronger Enforcement

Context

• The alleged rescue of 43 women from an egg-donation trafficking network in Hyderabad has exposed serious gaps in the regulation of Assisted Reproductive Technology (ART) in India.
• The women, recruited from different States, were reportedly promised ₹20,000–30,000 per donation cycle. The accused were allegedly linked to 23 IVF centres.
• Similar incidents in Erode (2022) and Varanasi (2023), involving the alleged forced donation of eggs by minors, highlight the exploitation of economically vulnerable women, the role of brokers, document falsification and inadequate oversight of fertility clinics.

Legal Framework Governing Egg Donation in India

• The Assisted Reproductive Technology (Regulation) Act, 2021 provides safeguards to prevent exploitation and regulate egg donation.
• Key provisions –
  • Section 27: Only registered ART banks are authorised to screen and register donors and supply gametes to ART clinics.
  • Section 21(b): ART clinics must obtain gametes exclusively from registered ART banks.
  • Eligibility criteria: A woman can donate eggs only once in her lifetime, between the ages of 23 and 35 years.
  • Limit on retrieval: A maximum of seven oocytes (eggs) can be retrieved from a donor in one cycle.
  • Section 33: Prohibits medical practitioners from using intermediaries to procure donors.
  • Penal provisions: The first offence attracts a fine of ₹5–10 lakh, while subsequent offences can result in imprisonment of 3–8 years and a fine of ₹10–20 lakh.
• These provisions aim to prevent commercial exploitation, repeated egg retrieval and the involvement of unauthorised agents.

Structural Weaknesses due to which Egg Donation Trafficking Persist

• Demand-supply imbalance:

  • Rising demand for donor eggs in fertility treatment, coupled with a limited pool of legally eligible donors, may encourage illegal recruitment.
  • Brokers exploit economically vulnerable women by offering financial incentives and concealing the medical risks involved.

• Role of brokers and document fraud:

  • Intermediaries recruit women across State boundaries, often through coercion, deception or financial inducements.
  • Falsification of identity and age-related documents enables minors and otherwise ineligible women to enter the ART system.

• Inadequate institutional oversight:

  • The National ART and Surrogacy Registry listed 4,726 registered clinics and 940 ART banks (as of October 31), significantly below the academic estimate of approximately 40,000 clinics.
  • The discrepancy raises concerns about unregistered facilities, regulatory coverage and the actual scale of the ART sector.

Weak Enforcement and Lack of Transparency

• Inadequate regulatory data:

  • The Department of Health Research’s (DHR) Annual Report 2025–26 provides information on forms downloaded from the National Registry portal and permissions granted.
  • However, it does not adequately disclose the number of regulatory inspections conducted, violations detected and penalties imposed, etc.

• Non-functional or underdeveloped registry mechanism:

  • ART banks are required to maintain donor records and update the National Registry.
  • An effective registry should identify previous donors and prevent repeat egg retrieval.
  • However, the system for collecting donor information from clinics and banks has only been piloted.
  • Lack of transparency regarding data verification and regular updates weakens safeguards against repeat donations, as illustrated by the Erode case.

• Weak accountability of regulatory boards:

  • Under Section 35, courts can take cognisance of offences under the Act only on complaints filed by the National or State Boards or their authorised officers.
  • Rule 5 of the ART Rules, 2022, requires these Boards to submit annual reports to the government.
  • The absence of the National Board’s report in the DHR annual report raises concerns about institutional accountability and transparency.

Protecting Victims and Ensuring Medical Accountability

• Women recruited through illegal networks should primarily be treated as victims and witnesses rather than accused persons.
• Essential safeguards include:
  • Independent medical care: Comprehensive health assessments and monitoring for complications arising from hormonal stimulation and egg retrieval.
  • Health insurance: Section 22(1)(b) mandates 12 months of health insurance coverage for egg donors.
  • Legal protection: Victims must be protected from intimidation, coercion and further exploitation.
  • Informed consent: Donors must be adequately informed about medical risks and procedures.

Way Forward

• Strengthen inspections: Conduct regular and surprise inspections of ART clinics and banks, including verification of donor registers and consent documents.
• Operationalise the National Registry: Establish real-time donor-record updating, identity verification and safeguards against repeat donations.
• Improve transparency: The Union Health Ministry should publish annual reports of the National and State Boards, while States should disclose inspections, violations, suspensions and prosecutions.
• Fix institutional accountability: Take strict action against clinics and medical practitioners facilitating illegal recruitment, rather than targeting only intermediaries.
• Inter-State coordination: Strengthen information-sharing between police forces, health regulators and ART authorities to dismantle trafficking networks.

Conclusion

• India’s challenge is not the absence of legislation but the gap between legal safeguards and their implementation.
• Egg donation must remain a regulated medical procedure based on informed consent, donor safety and ethical medical practices.

Egg Donation Trafficking in India FAQs

Q1. What are the key provisions of the ART (Regulation) Act, 2021, governing egg donation?

Ans. It permits egg donation only through registered ART banks, restricts donors to women aged 23–35 years, etc.

Q2. Why does egg donation trafficking persist despite the ART Act, 2021?

Ans. Due to demand-supply gaps, economic vulnerability, illegal brokers, document falsification, etc.

Q3. What are the major institutional weaknesses in regulating India’s ART sector?

Ans. Poor inspection mechanisms, an underdeveloped National Registry, inadequate disclosure of violations, etc.

Q4. What safeguards does the ART Act, 2021 provide for egg donors?

Ans. Section 22(1)(b) mandates 12-month health insurance coverage, with informed consent and medical safeguards.

Q5. What measures are needed to prevent egg donation trafficking in India?

Ans. Operationalising the National Registry, conducting regular inspections, strengthening inter-State coordination, etc.

Source: IE