UPSC Mains Current Affairs for 19 February 2026

Constitutional Debate on Judicial Appointments – Explained

February 19, 2026

Judicial Appointments Latest News

A private member’s Bill has been introduced in Parliament seeking constitutional amendments to promote diversity in judicial appointments and establish regional benches of the Supreme Court.

Constitutional Provisions on Judicial Appointments

The Constitution of India lays down the framework for appointing judges to the higher judiciary.
- Article 124 provides that judges of the Supreme Court are appointed by the President after consultation with the Chief Justice of India (CJI).
- Article 217 governs the appointment of High Court judges, requiring consultation with the CJI, the Governor of the State, and the Chief Justice of the concerned High Court.
- Article 130 states that the seat of the Supreme Court shall be in Delhi or any other place decided by the CJI with the approval of the President.
Initially, judicial appointments were made by the executive after consultation with the judiciary.
However, over time, concerns regarding judicial independence led to a shift in the balance of power.

Evolution of the Collegium System

The collegium system emerged through judicial interpretation rather than constitutional amendment.
- In the First Judges Case (1981), the Supreme Court upheld executive primacy in judicial appointments.
- In the Second Judges Case (1993), the Court reversed this position, establishing the collegium system and giving primacy to the judiciary.
- The Third Judges Case (1998) clarified the composition and functioning of the collegium.
The collegium for Supreme Court appointments consists of the CJI and four senior-most judges.
For High Courts, it includes the CJI and two senior-most judges. The recommendations are sent to the Central government, which may return them once for reconsideration. If reiterated, the government is bound to appoint.
While the collegium system strengthened judicial independence, it has faced criticism for a lack of transparency, accountability, and allegations of nepotism.

The NJAC and Judicial Independence

In 2014, Parliament enacted the 99th Constitutional Amendment to establish the National Judicial Appointments Commission (NJAC).
The NJAC included the CJI, two senior judges, the Union Law Minister, and two eminent persons.
However, in 2015, the Supreme Court struck down the NJAC as unconstitutional, holding that it violated the basic structure doctrine by compromising judicial independence. As a result, the collegium system continues to operate.

Diversity in the Judiciary

The current debate centres on the limited representation of marginalised groups in higher judicial appointments.
Data cited in the discussion shows that between 2018 and 2024, only about 20% of appointees to the higher judiciary belonged to the Scheduled Castes (SC), the Scheduled Tribes (ST), and Other Backwards Classes (OBC).
Representation of women remains below 15%, and religious minorities below 5%.
The private member Bill seeks to constitutionally mandate due representation for SCs, STs, OBCs, women, and religious minorities in proportion to their population.
This marks a significant shift from the purely merit-based framework toward a more socially representative model.
The issue touches upon two constitutional values:
- Judicial Independence
- Substantive Equality and Social Justice
A more diverse judiciary is often argued to enhance public confidence, improve sensitivity in adjudication, and reflect India’s pluralistic society.

Proposal for Regional Benches of the Supreme Court

Another key proposal in the Bill is the establishment of regional benches of the Supreme Court in New Delhi, Kolkata, Mumbai, and Chennai.
Currently, the Supreme Court sits only in Delhi. This creates accessibility challenges for litigants from distant States. Additionally, more than 90,000 cases are pending before the Court as of January 2026.
The proposed regional benches would exercise full jurisdiction except for constitutional matters, which would remain with the Constitution Bench in Delhi.
The idea of regional benches has been recommended in the past by the Law Commission and Parliamentary committees.
It can be implemented under Article 130 without requiring a constitutional amendment, as the Chief Justice can designate alternative seats with executive approval.

Way Forward

The responsibility for ensuring diversity primarily lies with the judiciary through reforms in the collegium process.
Greater transparency, objective criteria, and data-based selection can strengthen legitimacy.
A long-term reform could involve revisiting a broad-based judicial appointments commission that balances independence with accountability.
International examples such as the U.K. and South Africa show that inclusion of members from the executive, legislature, and civil society can coexist with judicial independence.
On regional benches, a phased approach may be considered, starting with one bench and expanding based on experience. This would improve access to justice and reduce pendency.

Source: TH

Judicial Appointments FAQs

Q1: What constitutional articles govern judicial appointments in India?

Ans: Articles 124 and 217 govern appointments to the Supreme Court and High Courts respectively.

Q2: What is the collegium system?

Ans: It is a judge-led system for appointing higher judiciary judges established through Supreme Court judgments.

Q3: Why was the NJAC struck down?

Ans: The Supreme Court held that it violated the basic structure by compromising judicial independence.

Q4: What does the private member Bill propose regarding diversity?

Ans: It mandates proportional representation for SC, ST, OBC, women, and religious minorities in judicial appointments.

Q5: How would regional benches of the Supreme Court help?

Ans: They would improve access to justice and reduce pendency by decentralising the Court’s functioning.

Sabarimala Verdict Review: Supreme Court to Revisit 2018 Women’s Entry Judgment

February 19, 2026

Sabarimala Verdict Latest News

The Supreme Court has scheduled hearings from April 7 before a nine-judge Constitution Bench to consider review petitions against its 2018 verdict that allowed women of all ages to enter the Sabarimala Dharma Sastha Temple.
The 2018 judgment had sparked widespread protests during the temple’s 41-day pilgrimage season and became a politically sensitive issue in Kerala.
While the Kerala government continues to support women’s entry, as stated in its 2017 affidavit, it is closely watching developments in the apex court. The review hearings are set against the backdrop of upcoming Assembly elections, adding renewed political and social significance to the case.

Sabarimala Temple: Overview and Traditions

Location: Sabarimala Temple is situated in the Periyar Tiger Reserve in the Western Ghats of Kerala and is one of South India’s most prominent pilgrimage centres.
Deity: The temple is dedicated to Lord Ayyappa, believed to be the son of Lord Shiva and Mohini (the female avatar of Lord Vishnu).
Unique Practice: Devotees observe a strict 41-day penance (vratham) before the pilgrimage, renouncing worldly comforts and following spiritual discipline.
Celibate Deity Belief: Lord Ayyappa is worshipped as a celibate (Naishtika Brahmachari) deity.
Entry Restriction (Customary): Traditionally, women between 10 and 50 years (considered menstruating age) were barred from entry, citing the belief in preserving the deity’s celibacy.

1990–91: Kerala High Court Upholds Women’s Entry Ban

The first legal challenge to the Sabarimala entry restriction came in 1990, when a petitioner approached the Kerala High Court alleging that women aged 10 to 50 were visiting the temple in violation of custom.
In 1991, the High Court upheld the ban, ruling that the restriction was consistent with longstanding tradition and did not violate fundamental rights.
It also directed the Travancore Devaswom Board to strictly enforce the prohibition on women of menstruating age entering the temple.

Supreme Court Intervention in the Sabarimala Case

In 2006, the Indian Young Lawyers Association moved the Supreme Court under Article 32, challenging the ban on women aged 10–50 entering the Sabarimala temple.
The petition sought to strike down Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, arguing it violated:
- constitutional guarantees of equality (Articles 14 and 15),
- religious freedom (Article 25), and
- the duty to renounce practices derogatory to women (Article 51A(e)).

2018: Landmark 4:1 Verdict

In September 2018, a five-judge Constitution Bench, by a 4:1 majority, ruled that the exclusion of women based on age was unconstitutional.
The court struck down Rule 3(b), holding that custom cannot override fundamental rights.
The decision triggered widespread protests and multiple review petitions from temple-affiliated groups and stakeholders.

2019: Reference to Larger Bench

Ahead of the 2019 pilgrimage season, the Supreme Court observed that its verdict could have implications for other religious practices.
It referred the broader constitutional questions to a larger bench of at least seven judges but declined to stay the 2018 judgment.

2020: Review Petitions Held Maintainable

In 2020, a nine-judge bench led by then CJI S A Bobde held that the review petitions were maintainable.
The bench framed seven constitutional questions for consideration by a Constitution Bench, setting the stage for further judicial examination of the issue.

Source: IE | IE

Sabarimala Verdict FAQs

Q1: What was the 2018 Sabarimala Verdict?

Ans: The 2018 Sabarimala Verdict allowed women of all ages to enter the temple, striking down age-based restrictions as unconstitutional under Articles 14, 15, and 25

Q2: Why is the Sabarimala Verdict under review?

Ans: Review petitions argue the Sabarimala Verdict affects religious practices and constitutional interpretation, prompting a nine-judge Constitution Bench to reconsider key questions.

Q3: What did the Kerala High Court rule earlier?

Ans: In 1991, the Kerala High Court upheld the entry ban on women aged 10–50, stating it aligned with tradition and did not violate fundamental rights.

Q4: What constitutional issues does the Sabarimala Verdict raise?

Ans: The Sabarimala Verdict involves equality, religious freedom, essential religious practices, and the balance between custom and fundamental rights under the Constitution.

Q5: Why is the Sabarimala Verdict politically significant?

Ans: The Sabarimala Verdict triggered protests and influenced Kerala politics, especially during elections, making the upcoming review hearings socially and politically sensitive.

Great Nicobar Project: Balancing Strategic Imperatives and Environmental Concerns

February 19, 2026

Great Nicobar Project Latest News

The National Green Tribunal (NGT) has approved the ₹81,000-crore Great Nicobar infrastructure project, citing its strategic importance and finding that adequate environmental safeguards are in place.
The decision is significant as it may serve as a precedent for future strategically important projects in ecologically sensitive regions.
The 166 sq km mega project aims to develop Great Nicobar into a strategic and economic hub. However, it involves diversion of about 130 sq km of forest land and the felling of nearly one million trees, raising environmental concerns.

Overview of the Great Nicobar Project

Great Nicobar Island, spanning 910 sq km and home to India’s southernmost point, Indira Point, is set to be developed as a major economic and defence hub.
The project aims to transform the island into a strategic gateway in the Indo-Pacific region.

Four Core Components of the Project

Integrated Township
- Covers around 149 sq km.
- Will include residential, commercial, tourism, logistics, and defence facilities.
- Designed to anchor long-term economic and strategic activity on the island.
Transshipment Port
- Proposed at Galathea Bay, on the southern tip.
- Intended to position India as a key maritime logistics hub.
- Located in an ecologically sensitive area, known for Leatherback turtle nesting sites and the Galathea River outflow.
Civil and Military Airport
- Dual-use international airport proposed east of the port.
- Will be the second air facility after INS Baaz Naval Air Station.
- Requires acquisition of 4.2 sq km of land, affecting 379 families.
Power Plant
- A 450-MVA gas and solar-based plant.
- Occupies around 0.39 sq km.
- Intended to ensure reliable energy supply for the township and associated infrastructure.

Land Use and Environmental Footprint

Total project area: 166 sq km.
Forest diversion: Significant portions of ecologically sensitive land.
Land reclamation planned:
- 2.98 sq km for the port
- 1.94 sq km for the airport
Estimated material requirement: 33.35 million cubic metres, including cement, rocks, sand, and steel.

Implementation and Governance

Initially conceptualised by NITI Aayog.
Now being implemented by the Andaman and Nicobar Island Integrated Development Corporation Ltd (ANIIDCO).
Pre-feasibility study prepared in 2021 by AECOM India Pvt Ltd.

Strategic Significance of the Great Nicobar Project

The Centre’s push for the Great Nicobar project is anchored in three strategic drivers: geopolitics, maritime trade ambitions, and geographic advantage.

Geopolitical and Maritime Advantage

Great Nicobar is India’s closest territory to the Malacca Strait, a critical maritime chokepoint connecting the Indian and Pacific Oceans.
Around 94,000 ships pass through the Strait annually.
It accounts for nearly 30% of global traded goods and about one-third of the world’s maritime oil trade.
This location gives India a strategic vantage point in Indo-Pacific maritime dynamics.

Transshipment Hub Ambition

Expanding India’s Port Capacity
- The proposed Galathea Bay transshipment port will transfer cargo from large vessels to smaller ones for onward distribution.
- India currently has only one operational transshipment port at Vizhinjam, Kerala.
Competing with Regional Giants
- The Nicobar port aims to compete with:
  - Colombo and Hambantota (Sri Lanka)
  - Port Klang (Malaysia)
  - Port of Singapore
Projected Capacity
- Estimated to handle 14.2 million TEUs (twenty-foot equivalent units) annually — roughly 14 million standard containers.

Strengthening Defence Infrastructure

Existing Military Presence
- The Andaman and Nicobar Command, India’s only tri-services command, has been operational in Port Blair since 2001.
- INS Baaz Naval Air Station is located at Campbell Bay, near the proposed township.
Integrated Defence Development
- The Great Nicobar project includes defence infrastructure in its first construction phase.
- Ongoing upgrades across the islands include improved airfields, jetties, storage facilities, and surveillance systems.

Environmental and Social Concerns in Great Nicobar

The Great Nicobar mega project has triggered significant ecological and social concerns due to its scale and location in a fragile island ecosystem.

Large-Scale Forest Diversion

The project involves diversion of 130 sq km of pristine forest and felling of over one million trees.
The Nicobar Islands are part of the Sundaland biodiversity hotspot, one of the world’s richest ecological zones.

Biosphere and Wildlife Concerns

Almost the entire island falls under the Great Nicobar Biosphere Reserve.
It hosts littoral forests, evergreen hill forests, and coastal wetlands.
The Galathea Bay Wildlife Sanctuary and a megapode sanctuary were denotified for the project.
The endemic Nicobar megapode, a ground-dwelling bird, faces habitat loss.

Impact on Leatherback Turtles

Galathea Bay is a key nesting site for leatherback turtles.
The environmental clearance acknowledges potential damage.
As mitigation, authorities proposed new sanctuaries on Little Nicobar, Menchal Island, and Meroe Island.

Impact on Indigenous Communities

Shompen Tribe - The Shompen, a semi-nomadic hunter-gatherer group of about 250 people, inhabit interior forests. Limited contact with outsiders makes them highly vulnerable to disease and disruption.
Nicobarese Community - The Nicobarese live mainly in Campbell Bay settlements such as Rajiv Nagar and New Chingenh. Many were displaced by the 2004 tsunami. Their long-standing demand to return to pre-tsunami villages remains unresolved.
Tribal Governance Concerns - The tribal council has alleged pressure to surrender land claims. It previously withdrew consent for denotification of tribal reserves, citing lack of transparency about the project’s scale.
Demographic Transformation - The island’s population, currently around 8,500, is projected to rise to 6.5 lakh by 2050. Such a sharp increase could fundamentally alter the island’s ecological balance and social fabric.

Source: IE

Great Nicobar Project FAQs

Q1: What is the Great Nicobar Project?

Ans: The Great Nicobar Project is an ₹81,000-crore mega infrastructure plan to build a port, airport, township, and power plant, transforming the island into a strategic economic and defence hub.

Q2: Why is the Great Nicobar Project strategically important?

Ans: The Great Nicobar Project is located near the Malacca Strait, a key maritime chokepoint. It enhances India’s naval presence, trade competitiveness, and Indo-Pacific geopolitical positioning.

Q3: What environmental concerns surround the Great Nicobar Project?

Ans: The Great Nicobar Project involves diversion of 130 sq km of forest, felling nearly one million trees, and impacting leatherback turtle habitats and biosphere reserve ecosystems.

Q4: How will the Great Nicobar Project affect indigenous communities?

Ans: The Great Nicobar Project may disrupt the Shompen and Nicobarese tribes, increase population drastically, and alter traditional land use, raising concerns over health and cultural preservation.

Q5: Why is the NGT clearance of the Great Nicobar Project significant?

Ans: The NGT’s approval of the Great Nicobar Project could set a precedent for balancing strategic infrastructure with environmental safeguards in ecologically sensitive zones.