Editorials for 19-April-2025

by Vajiram & Ravi

19-04-2025

06:45 AM

A Restoration of Sanity to the Constitutional System Blog Image

Context

  • On April 8, 2025, the Supreme Court of India delivered a momentous verdict in The State of Tamil Nadu vs The Governor of Tamil Nadu.
  • The judgement fundamentally altered the legal and constitutional discourse surrounding the Governor’s role in granting assent to Bills.
  • This decision has been hailed as historic, not only for its immediate legal implications but also for its long-term impact on India's federal structure, legislative autonomy, and constitutional interpretation.

Background: A Constitutional Crisis

  • At the heart of the case was a prolonged impasse created by the Governor of Tamil Nadu, R.N. Ravi, who had withheld action on ten Bills passed by the State Assembly for several years.
  • When the Assembly re-passed these Bills and submitted them again, the Governor, rather than providing assent as mandated by Article 200 of the Constitution, forwarded them to the President of India.
  • This action was taken only after the Tamil Nadu Government approached the Supreme Court for relief.
  • The Court, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, deemed this move unconstitutional.
  • It held that the Governor’s act of reserving the Bills for the President's consideration at that late stage violated the constitutional scheme.
  • In a decisive and unprecedented move, the Court struck down both the Governor’s and the President’s actions, the latter having withheld assent, and invoked Article 142 to declare that all ten Bills shall be deemed to have received presidential assent.
  • This extraordinary step was warranted, the Court noted, by an equally extraordinary constitutional logjam.

Major Aspects of Supreme Court’s Judgement

  • Article 200 and the Myth of a Bill’s Demise
    • The ruling significantly demystifies the provisions of Article 200, which outlines the options available to a Governor upon receiving a Bill from the State legislature: assent, withholding of assent, or reservation for the President.
    • Historically, the power to withhold assent has often been interpreted as a de facto veto.
    • However, the Court clarified this misinterpretation, referencing its earlier decision in State of Punjab vs Principal Secretary to the Governor of Punjab and Another (2023).
    • There, it ruled that withholding assent does not mark the end of a Bill’s life.
    • Instead, such a decision obliges the Governor to return the Bill to the legislature for reconsideration, a process that must culminate in assent if the Bill is passed again, regardless of whether amendments suggested by the Governor are incorporated.
    • The Tamil Nadu verdict reaffirms this principle. The Governor, as an unelected constitutional head, cannot override the democratic mandate of the elected legislature.
    • The Court warned that failing to interpret Article 200 in this manner would allow Governors to effectively veto legislation indefinitely, an affront to the core tenets of representative democracy.
  • Fixing a Time Frame: The Spirit of Reasonableness
    • Another groundbreaking element of the judgment is the Court’s imposition of a time limit: a Governor or the President must act on a Bill within one to three months.
    • While Article 200 is silent on time constraints, the Court relied on the principle of “reasonable time’ and constitutional expediency to justify its position.
    • This comes in response to the Governor's unexplained delay spanning years, which the Court viewed as a serious threat to India’s federal integrity.
    • Though critics question the legality of judicially prescribing a time limit, the Court argued that where the Constitution is silent, courts can fill the void by applying general legal principles to ensure governance is not paralysed.
    • By doing so, the judgment emphasizes that constitutional offices must act in good faith and within a reasonable timeframe to preserve the vitality of democratic governance.
  • Discretion and the Role of the Council of Ministers
    • The judgment also addresses the contentious issue of the Governor’s discretion.
    • It firmly states that the Governor’s actions, whether to withhold assent or to refer a Bill to the President, must be based on the advice of the State’s Council of Ministers.
    • However, this clarity introduces a new complexity: How can a government that commands a majority advise the Governor to propose amendments or return its own legislation?
    • This apparent paradox reveals a flaw in constitutional design, which assumes harmonious functioning between the legislature and the Governor.
    • The judgment exposes the limitations of that assumption.
    • Moreover, differing views from various Benches of the Supreme Court on the extent of gubernatorial discretion continue to add layers of complexity, indicating a need for clearer legislative or constitutional reform.

Judicial Review of Constitutional Heads

  • Perhaps the most constitutionally transformative aspect of the ruling is its reaffirmation that the actions of constitutional heads, Governors and the President, are not beyond the scope of judicial review.
  • Citing a robust line of precedents, the Court emphasised that no constitutional function is immune from scrutiny.
  • This position dismantles the long-held notion that Articles 200 and 201 are areas of executive privilege where judicial intervention is unwarranted.
  • In response to criticism that this judgment constitutes judicial overreach, the Court clarified its role: while Parliament may amend the Constitution, the judiciary’s mandate is to interpret and enforce it.
  • By amplifying the inherent meaning of Articles 200 and 201, the Court has not rewritten the law but fortified it against exploitation and arbitrariness.

Conclusion

  • The Supreme Court’s verdict in this case is not merely a judicial pronouncement, it is a restoration of constitutional order.
  • The Court acted to uphold legislative primacy, curtail executive procrastination, and reinforce federal principles.
  • In doing so, it set a precedent for handling similar deadlocks in states like Kerala, Telangana, and Punjab, where Governors have also delayed assent to state legislation.
  • The judgment serves as both a judicial milestone and a democratic safeguard, preserving the delicate equilibrium between elected governments and constitutional custodians.

Q1. What was the key issue in The State of Tamil Nadu vs The Governor of Tamil Nadu case?
Ans. The key issue was that the Governor of Tamil Nadu delayed taking action on ten Bills passed by the State Assembly and later sent them to the President without giving his assent, prompting a legal challenge.

Q2. What did the Supreme Court declare using Article 142?
Ans. The Supreme Court used its powers under Article 142 to declare that all the Bills which were withheld by the President shall be deemed to have received assent.

Q3. What time limit did the Court impose for assent decisions?
Ans. The Court imposed a time limit of a minimum of one month and a maximum of three months for the Governor or the President to make a decision on granting assent to a Bill.

Q4. Can the Governor act independently in withholding assent?
Ans. No, the Governor cannot act independently and must withhold or grant assent to a Bill only on the advice of the Council of Ministers.

Q5. Is judicial review applicable to the Governor and President’s decisions under Articles 200 and 201?
Ans. Yes, the Supreme Court held that decisions made by the Governor and the President under Articles 200 and 201 are subject to judicial review. 

Source:The Hindu


Steering the Decarbonisation of India’s Logistics Sector Blog Image

Context

  • India's vision of becoming a Viksit Bharat, a developed nation by 2047, is rooted not only in economic ambition but in the inclusive and sustainable upliftment of its people, businesses, and regions.
  • Realising this vision necessitates a robust, efficient, and future-ready logistics sector that can fuel equitable development across the country.
  • However, this sector, while critical, also stands among the most carbon-intensive in the world, posing a significant challenge to India’s broader sustainability goals.
  • If India is to stay on course toward its net-zero carbon emissions target by 2070decarbonising its logistics sector must become a central strategy.

The Environmental Cost of Logistics

  • India's logistics sector, which includes road, rail, air, and maritime transport, along with warehousing infrastructure, is a significant contributor to greenhouse gas emissions.
  • Accounting for approximately 13.5% of the nation’s total emissions, the sector’s environmental footprint is both vast and growing.
  • Road transport alone, on which the country heavily relies, facilitating nearly 90% of passenger movement and 70% of freight, is responsible for over 88% of the sector’s emissions.
  • Trucks alone account for nearly 38% of CO₂ emissions, highlighting an urgent need for structural changes.
  • While maritime and inland waterways currently contribute less to the emissions tally, their role is expected to grow significantly.
  • Government projections aim to triple cargo and passenger movements on inland waterways and boost coastal shipping cargo by 1.2 times by 2030.
  • While these expansions promise economic and logistical benefits, they must be guided by environmentally responsible policies to ensure long-term sustainability.

The Need for a Green Transformation

  • India's logistics sector is at a crossroads, and the path ahead demands a delicate balance between growth and sustainability.
  • Decarbonising logistics is not just an environmental imperative, it is essential to building a resilient and globally competitive economy.
  • To achieve this, India must look to both international benchmarks and homegrown innovation for solutions.
  • Countries like China and the United States offer valuable insights into the benefits of shifting freight from road to rail.
  • Rail freight, significantly less polluting than road transport, already enjoys considerable adoption in these nations.
  • China, for example, has expanded its rail network to the point where it handles nearly half of all freight.
  • India, which has already made strides in electrifying its railways, can build on this progress to increase rail freight’s share and lower its logistics-related emissions.

Steps Required Towards Green Transformation in Logistics Sector

  • Innovations in Road, Maritime, and Air Logistics
    • Despite the environmental drawbacks, road freight will remain an integral part of India’s logistics network.
    • Therefore, it is imperative to make road transport cleaner.
    • A noteworthy initiative in this area is the pilot project on the Delhi-Jaipur corridor, which features overhead electric wires to power electric trucks.
    • If successful, this could revolutionise road freight by drastically cutting down emissions while maintaining economic feasibility.
  • Coastal Shipping and Inland Waterways
    • Coastal shipping and inland waterways offer further potential for green transformation.
    • The International Maritime Organization’s goal of cutting shipping emissions by 50% by 2050 has catalysed global momentum toward adopting cleaner fuels.
    • India, too, can lead by investing in LNG-powered vessels, solar-electric boats, and biofuel-run barges, steps that will not only decarbonise transport but also stimulate innovation in green maritime technologies.
    • In contrast, air transport poses a particularly complex challenge due to its dependence on refined fuels.
    • Although technological advancements in sustainable aviation fuels and efficiency improvements offer hope, significant emissions reductions in this sector are likely to come through offsets and systemic improvements in other logistics modes.

The Way Forward

  • Adoption of Renewable Energy
    • Warehousing, often overshadowed by transport in emissions discussions, is another major source of carbon emissions due to its heavy energy usage.
    • To reduce its carbon footprint, India must prioritise the adoption of renewable energy sources such as solar, wind, and geothermal power within warehouse operations.
    • Doing so would significantly contribute to a greener logistics ecosystem while offering cost savings and energy security.
  • Toward a Future-Ready, Sustainable Logistics Network
    • The decarbonisation of India’s logistics sector is not merely a necessity, it is an opportunity.
    • It offers the country a chance to redefine its logistics landscape by making it more competitive, resilient, and aligned with global sustainability standards.
    • By investing in electrified rail and road networks, cleaner fuels for shipping, and energy-efficient warehousing, India can build a logistics infrastructure that supports both economic growth and environmental stewardship.

Conclusion

  • The road to a greener logistics future is already under construction.
  • What remains is the political will, strategic investment, and collaborative action to accelerate this transition.
  • As India charts its path toward Viksit Bharat, the logistics sector must not lag behind but lead the charge, efficiently, inclusively, and sustainably.

Q1. What is the role of the logistics sector in India’s Viksit Bharat vision?
Ans. It ensures inclusive, sustainable growth by connecting regions, businesses, and people.

Q2. Why is decarbonising logistics important?
Ans. It helps reduce emissions, making the sector more competitive and future-ready.

Q3. Which transport mode contributes most to logistics emissions in India?
Ans. Road transport, especially trucks, contributes over 88% of emissions.

Q4. How can India make road freight more sustainable?
Ans. By electrifying trucks using overhead wires, as seen in the Delhi-Jaipur pilot.


Q5. What are two key steps to green warehousing?
Ans. Using renewable energy like solar and improving energy efficiency. 

Source:The Hindu


India’s Silent Youth Mental Health Crisis - A Call for Urgent Reform and Empathy Blog Image

Context:

  • Being a young person in contemporary India is increasingly fraught with emotional and psychological challenges.
  • Far from being carefree, adolescence today is marked by academic stress, digital overexposure, and emotional isolation - contributing to a mental health crisis that remains dangerously under-addressed.

The Hidden Epidemic of Youth Mental Health:

  • Startling statistics:
    • Over 40,000 student suicides in the last 5 years (NCRB) - over 20 daily.
    • 1 in 10 adolescents suffers from a mental health disorder (National Mental Health Survey, 2016).
    • India allocates less than 0.5% of its total health budget to mental health.
    • India has over 250 million people below age 20, making the underinvestment a serious crisis.
  • Post-pandemic impact:
    • COVID-19 exacerbated emotional distress among adolescents.
    • Digital dependency and compulsive social media use during lockdown led to:
      • Online validation replacing self-esteem.
      • Unrealistic beauty and success standards.
      • Increased performance anxiety and emotional insecurity.

Cultural and Social Pressures on Mental Health:

  • The influence of online culture:
    • Social media contributes to comparison culture, fear of missing out (FOMO), and digital burnout.
    • Netflix series Adolescence highlights gaps in youth support systems.
  • Rise of toxic masculinity:
    • Influencers promoting dominance, aggression, and emotional suppression harm both boys and girls.
    • Boys are discouraged from showing vulnerability or seeking help.
    • Urgent need to redefine masculinity around empathy, emotional expression, and resilience.

The Need for Systemic and Cultural Reform:

  • Education system reforms:
    • Mental health support must be integrated into school infrastructure - trained counsellors, preventive programmes, and emotional education
    • Teach digital literacy and emotional intelligence to combat negative online influences.
  • Budget and infrastructure:
    • Increase mental health budget allocation significantly.
    • Expand services to rural and underserved areas.
    • Address shortage of trained professionals and weak infrastructure.

Shaping a Healthier Emotional Ecosystem:

  • Family and community involvement: Stigma starts at home - families must be educated to:
    • Recognise signs of distress.
    • Encourage emotional expression.
    • Treat mental health with the same seriousness as physical health.
  • Role of public figures: Celebrities, politicians, and influencers should:
    • Speak about their own emotional challenges.
    • Promote a culture of openness and authenticity. 

The Road Ahead - Policy and Empathy:

  • National priority:
    • Addressing youth mental health is not merely a health issue, but a developmental imperative.
    • Inaction leads to lost potential, lost futures, and lost lives.
  • Civil society and government responsibility: India must listen with empathy, invest with urgency, and act with compassion.

Conclusion - A Call to Action:

  • India’s youth need more than academic goals and digital success.
  • They need emotional support, safe spaces, and a society that values mental well-being.
  • If we call them the future, we must protect their present. The choice is ours - silence or solidarity.

Q1. Examine the factors contributing to the rise in mental health issues among Indian adolescents.

Ans. Academic pressure, social media overexposure, emotional isolation, and unrealistic societal expectations have significantly contributed to the mental health crisis among Indian youth.

Q2. Discuss the implications of India's mental health budget on adolescent well-being.

Ans. With less than 0.5% of the total health budget allocated to mental health, the lack of investment severely limits access to care and professional support for over 250 million young Indians.

Q3. How has the COVID-19 pandemic exacerbated the youth mental health crisis in India?

Ans. The pandemic intensified emotional distress by disrupting social interactions, increasing digital dependency, and fostering unhealthy habits like compulsive scrolling and online validation-seeking.

Q4. Critically analyze the role of toxic masculinity in shaping the mental health outcomes of young Indian boys.

Ans. Toxic masculinity discourages emotional expression and help-seeking behavior among boys, promoting aggression and emotional repression that contribute to mental health deterioration.

Q5. Suggest measures to integrate mental health awareness into India’s education system.

Ans. Schools should implement emotional education, provide access to trained counselors, and include digital literacy and mental well-being in the curriculum to build resilience among students. 

Source:IE