Context:

• India’s population of 1.4 billion generates data with immense potential economic value, possibly rivaling 38 OECD nations when adjusted for Purchasing Power Parity (PPP).
• As technology proliferates, robust data governance policies must enable citizens to benefit from the value of their data.

Understanding the Policy Gap:

• Identity vs. property: A fundamental confusion.
• Policymakers often conflate data as identity (linked to privacy and personal rights) with data as property (a tradable economic resource).
• This conceptual confusion hinders value creation, innovation, and knowledge discovery.

Healthcare Data - A Case Study in Missed Opportunities:

• Current scenario - Public vs. private divide:
  • Large private hospitals have digital systems.
  • Government hospitals have basic digital setups (aided by the National Health Mission).
  • Small private clinics, where most Indians seek care, lack digital infrastructure and incentives.
• Consequences of poor digitisation:
  • No interoperable medical records for citizens.
  • Health insurers struggle with pricing competitiveness.
  • Researchers lack access to large datasets for medical or AI-driven discoveries.

Ayushman Bharat Digital Mission (ABDM) - The Governance Response:

• Framework and features:
  • Managed by: The National Health Authority.
  • Principles:
    • Citizens own their health data.
    • Interoperability across health facilities.
  • Components:
    • Registries (doctors, drugs, health facilities).
    • Middleware for data exchange.
    • Consent management system.
• Challenges in implementation:
  • Clinical data is generated during doctor-patient interactions, where future data value is not perceived.
  • Citizen engagement is key to realising data value and driving innovation.

Towards a Free Market for Health Data:

• Enabling citizen agency: If patients can sell/share their anonymised data, it incentivises:
  • Clinics to comply with ABDM.
  • Patients to maintain complete digital records.
  • Emergence of data intermediaries and health information exchanges.

Global Models vs. Indian Reality:

• United States - Health Insurance Portability and Accountability Act (HIPAA) model:
  • Patients can access, but not share, their data with third parties.
  • Hospitals and insurers monetise de-identified data without compensating patients.
• United Kingdom - National Health Service (NHS) model:
  • Health data owned by public institutions.
  • ~90% of records created and controlled by the NHS.
• Why don't these models fit India?
  • India's healthcare system is highly privatised and decentralised.
  • Neither corporatist (US) nor statist (UK/EU) models are suitable.

A Citizen-Centric Data Governance Vision:

• Principles for reform:
  • Empower citizens to treat data as property, not just as identity.
  • Build regulatory safeguards for privacy, including:
    • Anonymisation tools as digital public goods
    • Digital forensics to ensure transparency and reduce information asymmetry
• Way forward:
  • Shift from Western models of data protection to a locally relevant, innovation-friendly policy.
  • Recognise and harness the economic potential of citizen-owned data in the healthcare sector.

Conclusion:

• India must adopt a citizen-centric data governance framework that promotes individual agency, incentivises data interoperability, and fosters innovation in health systems.
• Recognising data as economic property rather than merely a marker of identity is crucial to unlocking the next wave of digital transformation in India’s healthcare ecosystem.

Q1. What is the key conceptual confusion in India’s current data governance policy, and how does it affect value creation?

Ans. The policy framework confuses data as a form of identity with data as a form of property, limiting innovation and hindering the monetisation and utilisation of valuable datasets like healthcare records.

Q2. What are the main challenges in implementing the Ayushman Bharat Digital Mission (ABDM)?

Ans. The main challenge lies in the lack of perceived value by patients and doctors at the point of data generation, leading to poor digital record creation and limited ecosystem engagement.

Q3. How do the data governance models of the US and UK differ from the Indian healthcare context?

Ans. While the US and UK follow corporatist and statist models respectively, these are unsuitable for India's highly privatised and decentralised healthcare system, necessitating a citizen-centric approach.

Q4. Why is the creation of a free market for health data important in India?

Ans. A free market empowers citizens to share and monetise their health data securely, driving innovation, improving insurance pricing, and enabling better healthcare delivery.

Q5. How can privacy and economic rights be balanced in India’s data governance framework?

Ans. By providing citizens with anonymisation tools and regulatory safeguards, India can ensure privacy while allowing individuals to treat their data as tradable economic property. 

Source:IE

Context

• Governance in any democracy is often evaluated by how swiftly and effectively governments respond to crises.
• Yet, genuine leadership is better measured by the ability to anticipate challenges and reform institutions to prevent future upheavals.
• In India, this transformation is particularly evident in the Ministry of Home Affairs (MHA), which has historically been perceived as a reactive body, responding to crises as they emerged.
• However, recent developments indicate a paradigm shift from reaction to reform, marking a new era of governance and internal security.

A Historical Context of Ministry of Home Affairs

• Traditionally, the MHA has been synonymous with crisis management. Whether in quelling riots, responding to insurgencies, or restoring law and order after disasters, its interventions were typically reactive.
• For decades, India’s internal security landscape was defined by violence in Kashmir, insurgency in the North-East, and Naxalite movements in Central India.
• These conflict zones dictated the Ministry’s priorities, resulting in the loss of thousands of lives, both civilian and personnel.
• The Central Armed Police Forces (CAPFs) were deployed extensively as many States lacked the capacity to modernise their police forces.
• The MHA’s growing responsibilities during these years shaped its identity as a Crisis Ministry.
• This reactive approach extended into legislation. Key security laws such as the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Prevention of Terrorism Act (POTA), and the formation of the National Investigation Agency (NIA) were born out of violent episodes.
• While these legal responses were necessary, they often lacked continuity and long-term vision.
• Frequent changes in leadership during critical political periods also undermined consistent policymaking in internal security.

A Shift Towards Structural Reform

• The narrative began to shift under the leadership of Prime Minister Narendra Modi, whose emphasis on ‘Reform, Perform, and Transform’ captured the essence of future-ready governance.
• This vision translated into a fundamental reorientation of the MHA’s objectives, from crisis response to structural preparedness.
• One of the most striking changes has been the Ministry’s focus on building a modern security architecture.
• This includes strengthening counter-terror laws, modernising agencies, integrating technology, and improving intelligence coordination.
• From 2019 onwards, over 27 legislative reforms have been introduced, reflecting a deliberate and strategic shift in internal security jurisprudence.
• The amendments to the NIA Act and the Unlawful Activities (Prevention) Act (UAPA) not only defined terrorism more clearly but also sought to financially undermine terror networks.
• These legislative changes have been complemented by institutional reforms such as expanding the NIA, revamping the Multi-Agency Centre (MAC), and fostering a “duty to share” intelligence culture across agencies.

Key Aspects of MHA and Tangible Impact on the Ground

• Integration of Governance and Security
  • Unlike many global counterparts that separate governance and security, India’s MHA integrates the two.
  • Empowered by constitutional provisions such as Articles 355, 256, and 356, the MHA plays a crucial role in Centre-State coordination, national stability, and federal governance.
  • It has also undergone administrative restructuring, relinquishing responsibilities like North-East affairs and justice while absorbing functions related to disaster management and narcotics control.
  • This structural consolidation allows the MHA to function as the backbone of India’s internal security.
  • Initiatives like the establishment of the National Forensic Sciences University (NFSU), the Crime and Criminal Tracking Network and Systems (CCTNS), and the promotion of separating forensic and investigative functions in State police forces are reformative steps aimed at professionalising law enforcement.
  • The introduction of three new criminal laws, the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, further signify the Ministry’s commitment to overhauling India’s colonial-era criminal justice system.
• Budgetary Support and Institutional Modernisation
  • The transformation of the MHA has also been backed by unprecedented budgetary support.
  • For the first time in 2019, the Ministry's budget crossed ₹1 lakh crore, and by 2025, it surged to ₹2.33 lakh crore.
  • Spending on paramilitary forces rose from ₹38,000 crore in 2013-14 to ₹97,000 crore in 2024-25.
  • These investments underscore the government's priority in modernising internal security and equipping forces with the necessary infrastructure.
• Tangible Impact on the Ground
  • The reformed approach has yielded significant results. Violence in Kashmir, the North-East, and Naxal-affected regions has declined by 70%.
  • Stone-pelting incidents in Kashmir have subsided; insurgent activity in the North-East has been curtailed through peace deals; and Naxal-affected areas are now witnessing social development and integration into the national mainstream.
  • These outcomes are not merely coincidental but are the result of a dual strategy that combines enhanced security presence with development initiatives.
  • The dilution of Article 370, the integration of Kashmir, and socio-political engagements in the North-East and Central India reflect the Ministry’s holistic approach.

Conclusion

• The evolution of the Ministry of Home Affairs from a reactive crisis management body to a reform-oriented institution marks a pivotal shift in India’s internal governance.
• It illustrates the broader truth that while responses are necessary, it is reforms that secure the future.
• The MHA’s new model, grounded in strategic planning, legislative consistency, inter-agency collaboration, and institutional modernisation, offers a blueprint for resilient and future-ready governance.
• By pre-empting rather than merely reacting to threats, the Ministry has emerged as a cornerstone of India’s internal stability and federal strength.

Q1. What has been the traditional role of the Ministry of Home Affairs (MHA)?
Ans. It has historically acted as a crisis-response body, managing riots, insurgencies, and governance failures.

Q2. How has the MHA changed in recent years?
Ans. It has shifted from reactive crisis management to proactive reforms and structured internal security planning.

Q3. What major legal reforms has the MHA introduced since 2019?
Ans. Reforms include amendments to the NIA Act, UAPA, and the introduction of three new criminal laws.

Q4. How has the MHA’s budget changed over time?
Ans. It grew from ₹1 lakh crore in 2019 to ₹2.33 lakh crore in 2025, reflecting a focus on modernisation.

Q5. What impact have these reforms had on internal security?
Ans. Violence in Kashmir, the North-East, and Naxal areas has reduced by 70%, showing improved stability. 

Source:The Hindu

Context

• The National Green Tribunal (NGT) had issued a specific order restricting the use of air horns on major roads during the nighttime hours between 10 p.m. and 6 a.m.
• However, enforcement has been conspicuously absent. Traffic police, the transport department, and the pollution control board have failed to act on the order, illustrating a larger pattern of institutional inertia and lack of coordinated action.
• The NGT's failure to consider a more implementable solution, such as a complete ban on air horns, highlights the disconnect between legal idealism and administrative realism.

The Role of Judicial Foresight and Strategy

• The effectiveness of judicial decisions depends not only on their moral or legal weight but also on the foresight with which they anticipate enforcement challenges.
• Judicial pronouncements must consider the systemic limitations of implementation agencies, particularly when these agencies often view certain violations as trivial.
• This is not a procedural oversight; rather, it goes to the heart of the justice system’s credibility.
• As enforcement is integral to justice, failure in this domain undermines governance and public faith in the judiciary.
• Inspiration can be drawn from international examples such as Kathmandu, Nepal, where the combination of stringent enforcement of noise control laws and widespread public awareness campaigns has led to significant improvements.
• The Kathmandu model demonstrates how a synergy of legal enforcement and civic cooperation can deliver meaningful change, an approach that Indian judicial and administrative systems can emulate.

Systemic Challenges and Successful Case Studies of Judicial Enforcement

• Systemic Challenges
  • The gap between judicial directives and their implementation is not new.
  • The 2017 Supreme Court decision in State of Tamil Nadu v. K. Balu, which banned liquor outlets within 500 metres of national highways to reduce drunk driving accidents, encountered serious enforcement challenges.
  • State governments engaged in creative circumvention by reclassifying highways as urban roads or relocating liquor outlets to technically comply with the order.
  • This response showcased a clear lack of enforcement foresight and pointed to loopholes in regulatory mechanisms that were exploited to defeat the court's intent.
  • Though legal provisions exist for the enforcement of judicial decrees, such as Section 38 and Order 21 of the Code of Civil Procedure (CPC), these have not been sufficient.
  • Despite empowering courts at all levels to enforce their rulings, structural issues like jurisdictional confusion, insufficient resources, and allegations of judicial misconduct have impeded their effectiveness.
  • The mere existence of legal provisions does not guarantee their meaningful execution.
• Successful Case Studies of Judicial Enforcement
  • Notwithstanding the challenges, there are exemplary cases that illustrate successful judicial enforcement in India.
  • In Common Cause v. Union of India (2018), the Supreme Court legalised passive euthanasia with a well-structured framework that included detailed medical guidelines, oversight mechanisms, and periodic review protocols.
  • The clarity and specificity of the order facilitated its enforcement across healthcare institutions.
  • Similarly, the Taj Trapezium Zone case is a testament to successful inter-agency collaboration.
  • The establishment of a green belt around the Mathura oil refinery and regular air quality monitoring were achieved by following the recommendations of the Varadarajan Committee.
  • These examples reinforce the importance of precise directives and continuous oversight in achieving the goals of judicial reform.

The Way Forward: Strengthening the Enforcement Framework

• Need for a Multi-Prolonged Strategy
  • To address the enforcement deficit in India’s judicial system, a multi-pronged strategy is needed.
  • One recommendation is the appointment of designated enforcement officers in every government department and agency.
  • These officers would be responsible for executing court orders, ensuring compliance through regular audits, and facing accountability measures in the event of failure.
  • Such a step would infuse a sense of responsibility and ensure institutional follow-through.
• Leveraging Technology
  • Leveraging technology also presents a significant opportunity to streamline enforcement.
  • Digital tools can be used to track the implementation of judicial directives and identify the agencies responsible for compliance.
  • Real-time monitoring, digital audits, and automated reporting mechanisms would not only enhance efficiency but also promote transparency.
• Punitive and Positive Enforcement Strategies
  • Furthermore, enforcement mechanisms should incorporate both punitive and positive reinforcement strategies.
  • While penalties are essential for non-compliance, incentives and recognition for effective implementation can develop a culture of accountability and proactive governance.
  • Public engagement and awareness campaigns can further strengthen compliance by aligning societal behaviour with legal expectations.

Conclusion

• The success of judicial reform in India hinges on bridging the chasm between legal pronouncements and their practical execution.
• A robust enforcement framework, characterised by accountability, inter-agency coordination, and technological integration, is imperative.
• Judicial decisions must be grounded not only in law but in implementable strategies that account for administrative capacities and real-world constraints.
• By focusing on transparency, leveraging public engagement, and institutionalizing accountability mechanisms, India can move closer to a justice system that not only speaks with authority but acts with impact.

Q1. What issue do residents of Jaipur continue to face despite judicial orders?
Ans. Residents of Jaipur continue to face noise pollution from air horns used by buses and trucks, even during late hours, due to inadequate enforcement of judicial orders.

Q2. Why did the National Green Tribunal’s order fail to resolve the issue?
Ans. The NGT’s order failed because it was not supported by a practical enforcement plan and was not implemented by the responsible agencies.

Q3. What does the Tamil Nadu liquor ban case demonstrate about judicial enforcement?
Ans. The Tamil Nadu liquor ban case demonstrates that without anticipating enforcement challenges, judicial decisions can be easily circumvented and rendered ineffective.

Q4. Why was the Supreme Court's ruling on passive euthanasia successfully enforced?
Ans. The ruling on passive euthanasia was successful because it included clear guidelines, strong monitoring mechanisms, and systematic oversight.

Q5. What measures can improve the enforcement of judicial orders in India?
Ans. Judicial enforcement in India can be improved by appointing accountable officers in government departments, using technology for monitoring, and ensuring coordination between agencies. 

Source:The Hindu