Mains Articles for 13-April-2025

by Vajiram & Ravi

President Must Consult Supreme Court When Governor Flags Bill as Unconstitutional Blog Image

What’s in Today’s Article?

  • Article 143 of the Constitution Latest News
  • Role of the Supreme Court under Article 143
  • Need for Legal Opinion from Supreme Court
  • Comparative Constitutional Practices
  • Recommendations by Constitutional Commissions
  • Expanding the Scope of Article 143
  • Conclusion
  • Article 143 of the Constitution FAQ’s

Article 143 of the Constitution Latest News

  • The Supreme Court’s recent judgement addresses the dispute between Tamil Nadu Governor R N Ravi and the DMK government over delays in clearing state Bills. 
  • The Court:
    • Laid down a specific timeframe for the Governor and the President to act on Bills sent to them.
    • Asserted that the Supreme Court should have a role when a Governor reserves a Bill for the President citing possible unconstitutionality.
    • Suggested that in such cases, the President "ought to" invoke Article 143 to seek the Court’s opinion.
      • Article 143 of the Constitution empowers the President to seek the Supreme Court’s advisory opinion on significant questions of law or fact.
  • The Court’s judgement aims to prevent misuse or delay in the legislative process and ensure judicial scrutiny where constitutionality is questioned.

Role of the Supreme Court under Article 143

  • The Court highlighted that when a Governor reserves a Bill for the President under Article 200, citing "perceived unconstitutionality", the President "ought to" seek the Supreme Court’s opinion under Article 143.

Nature of SC’s Opinion under Article 143

  • The Court acknowledged that its advisory opinion under Article 143 is not binding.
  • However, it holds high persuasive value and should ordinarily be accepted by both the legislature and the executive.
  • The non-binding nature does not undermine the Court’s reasoning or principles used to assess constitutionality.

Reference to Precedent: 1978 Special Courts Bill Case

  • The Court referred to the ‘In Re: The Special Courts Bill, 1978’ case to reinforce the idea that:
    • Pre-enactment judicial review can help avoid legal challenges later.
    • Constitutional courts are not barred from giving suggestions or opinions before a Bill becomes law.

Importance of Judicial Scrutiny

  • The judgement emphasizes:
    • Preventing patently unconstitutional Bills protects public resources.
    • It respects the legislative process by encouraging a constitutional review before enactment.
    • Consultation with the SC via Article 143 helps address bias or mala fides in the Centre’s handling of reserved Bills.

Limiting Executive Overreach

  • The Union executive should not act as a constitutional court in determining a Bill's validity.
  • When a Bill is reserved for constitutional concerns, the executive must exercise restraint.
  • Only the constitutional courts have the authority to decide on the vires (validity) of such Bills.

Judicial Restraint in Policy Matters

  • The Court clarified that it would:
    • Examine only pure legal or constitutional questions under Article 143.
    • Refrain from offering opinions on matters that are purely policy-based or political, in line with the "political thicket" doctrine.
    • Respect the executive's prerogative in cases such as:
      • Whether the President should assent to a State law that is repugnant to a Central law under Article 254(2), which is a policy decision.

Need for Legal Opinion from Supreme Court

  • The Court emphasized that seeking legal opinion under Article 143 is crucial, as:
    • There is no mechanism at the state level for Governors to seek judicial advice on the constitutionality of Bills.
    • The only route is for the Governor to reserve the Bill for the President, who then should invoke Article 143 to consult the Supreme Court.

Comparative Constitutional Practices

  • While delivering the verdict, Justice J B Pardiwala cited international examples to support the concept of judicial review before assent:
    • Sri Lanka: Article 154H allows the Governor to refer a Bill to the President, who must consult the Supreme Court on constitutional validity. If upheld, the Governor is bound to grant assent.
    • Republic of Kiribati: Section 66 allows the Beretitenti (Head of State) to withhold assent only if the Bill is unconstitutional. If passed again, the only option is to refer it to the High Court or grant assent if found constitutional.

Recommendations by Constitutional Commissions

  • Both the Sarkaria Commission and the Punchhi Commission had recommended:
    • The President should seek the SC's opinion under Article 143 for Bills that appear patently unconstitutional.
    • Article 201’s objective is also to safeguard democratic principles by ensuring judicial scrutiny before an unconstitutional law is enacted.

Expanding the Scope of Article 143

  • The Supreme Court is proactively expanding the ambit of Article 143 by:
    • Setting a timeframe for the President to act.
    • Urging the President to seek SC’s opinion on constitutionality before assenting to a reserved Bill.
    • At the same time, acknowledging its own limitations when the reference involves policy or politics.

Conclusion

  • The judgement sets a constitutional framework for handling Bills perceived as unconstitutional:
    • It defines roles for the Governor, President, and Supreme Court.
    • Encourages a pre-enactment judicial check to safeguard constitutional integrity.
    • Balances proactiveness with judicial restraint, avoiding interference in executive or political domains.

Article 143 of the Constitution FAQs

Q1. What does Article 143 of the Constitution allow the President to do?

Ans. It allows the President to seek the Supreme Court’s advisory opinion on significant legal or constitutional questions before enactment.

Q2. What issue did the Supreme Court address in this judgement?

Ans. It addressed delays by Governors in clearing State Bills and recommended judicial scrutiny for Bills reserved due to unconstitutionality.

Q3. Why must the President consult the Supreme Court under Article 143?

Ans. Consultation ensures pre-enactment constitutional review, preventing misuse of executive power and avoiding future legal disputes over validity.

Q4. What precedent supports pre-enactment judicial review of Bills?

Ans. The 1978 Special Courts Bill case supports seeking the Supreme Court’s opinion before a potentially unconstitutional Bill becomes law.

Q5. What did constitutional commissions recommend about reserved Bills?

Ans. Sarkaria and Punchhi Commissions recommended the President should consult the Supreme Court when constitutionality of a Bill is doubtful.

Source: IE | TH


India-Italy Strengthen Strategic Partnership with Focus on Trade, Defence, and the IMEEC Corridor Blog Image

What’s in today’s article?

  • India-Italy Bilateral Relations Latest News
  • High-Level Diplomatic Engagement
  • India-Italy Joint Strategic Action Plan (JSAP) 2025-29
  • IMEEC - A Strategic Connectivity Project
  • India-Italy Relations - A Brief Overview
  • Conclusion - A Vision for the Future
  • India-Italy Bilateral Relations FAQs

India-Italy Bilateral Relations Latest News

  • India and Italy have reaffirmed their commitment to deepen bilateral relations through enhanced cooperation in trade, defence, clean energy, high technology, and strategic infrastructure. 
  • A key outcome of the visit by Italian Deputy Prime Minister and Foreign Minister Antonio Tajani was the emphasis on implementing the India-Middle East-Europe Economic Corridor (IMEEC) and Joint Strategic Action Plan (JSAP) 2025-29.

High-Level Diplomatic Engagement

  • Tajani’s visit to India:
    • Held delegation-level talks with External Affairs Minister (EAM) Dr. S. Jaishankar.
    • Reviewed progress under the Joint Strategic Action Plan (JSAP) 2025-29.
  • Focus areas of discussion:
    • Trade and investment
    • Defence and security
    • Clean energy transition
    • Space, science, and technology cooperation
    • People-to-people ties
  • Geopolitical and strategic convergence:
    • Regional and global issues discussed:
      • Indo-Pacific regional dynamics.
      • Global South concerns.
      • Multilateral cooperation (possibly including G20 and UN reform).
    • Italy’s focus on the Indo-Pacific:
      • Reiterated support for a free, open, and inclusive Indo-Pacific.
      • Reinforces India’s Act East and Indo-Pacific Oceans Initiative (IPOI) strategies.

India-Italy Joint Strategic Action Plan (JSAP) 2025-29

  • Launched by: Announced during PM Narendra Modi and Italian PM Giorgia Meloni’s meeting in Rio de Janeiro (November 2023).
  • Aim: To guide bilateral ties across multiple strategic sectors.
  • Key sectors highlighted:
    • Artificial Intelligence (AI)
    • Cybersecurity and digital technologies
    • Renewable energy and biofuels
    • Education and professional mobility
    • Telecom and biotechnology
  • Strategic outcomes expected:
    • Concrete deliverables in technology transfer, innovation, and youth engagement.
    • Institutional mechanisms for regular dialogue and joint implementation.

IMEEC - A Strategic Connectivity Project

  • What is IMEEC?
    • India-Middle East-Europe Economic Corridor (IMEEC) aims to connect India with Europe through the Middle East via a multimodal transport network.
    • Enhances regional connectivity, economic integration, and energy security.
  • India and Italy’s role:
    • Renewed commitment to advance IMEEC implementation.
    • Italy appoints a special envoy for IMEEC, showcasing seriousness and proactive engagement.

India-Italy Relations - A Brief Overview

  • Historical background:
    • Diplomatic relations established in 1947.
    • Rooted in strong cultural ties and cooperation in art, architecture, and education.
  • Diplomatic relations:
    • Strategic Partnership announced in March 2023 during Italian PM Meloni’s visit to India.
    • Frequent high-level exchanges and bilateral institutional frameworks.
  • Economic ties:
    • Italy is India’s 4th largest trading partner in the EU.
    • Key sectors: Machinery, automotive, chemicals, fashion, and renewable energy.
    • Bilateral trade (2023-24): Over $15 billion (approx).
  • People-to-people ties:
    • Indian diaspora in Italy: ~200,000
    • Cooperation in education, academic exchanges, and cultural diplomacy.
  • Recent developments:
    • Signing of JSAP (2025–29).
    • Italy’s inclusion in IMEEC.
    • Expanding defence industrial cooperation and joint ventures.

Conclusion - A Vision for the Future

  • India and Italy’s evolving partnership is anchored in mutual strategic interests and shared democratic values.
  • The JSAP 2025–29 and the IMEEC initiative are set to redefine bilateral engagement with long-term benefits in connectivity, energy security, innovation, and global diplomacy.
  • As global geopolitics shifts towards multipolarity, the India-Italy partnership can serve as a model for resilient, sustainable, and forward-looking international collaboration.

India-Italy Bilateral Relations FAQs

Q1. What is the significance of the Joint Strategic Action Plan (JSAP) 2025-29 between India and Italy?

Ans. The JSAP 2025–29 provides a structured roadmap to enhance bilateral cooperation across sectors like trade, defence, clean energy, digital technologies, and mobility of professionals.

Q2. How does the India-Middle East-Europe Economic Corridor (IMEEC) align with India-Italy relations?

Ans. IMEEC strengthens strategic connectivity and economic integration, with Italy supporting the initiative by appointing a special envoy, indicating enhanced bilateral and multilateral cooperation.

Q3. In what areas have India and Italy agreed to deepen cooperation under the recent bilateral talks?

Ans. India and Italy have agreed to expand ties in trade, defence, AI, cyber technologies, renewable energy, and education under the JSAP framework.

Q4. How do India and Italy view each other’s roles in the Indo-Pacific region?

Ans. Italy supports a free and inclusive Indo-Pacific, aligning with India's strategic interests and initiatives like the Indo-Pacific Oceans Initiative (IPOI).

Q5. Trace the evolution of India-Italy relations in recent years.

Ans. India-Italy relations have evolved into a Strategic Partnership with growing trade, technological collaboration, and multilateral engagement, marked by high-level visits and the signing of JSAP 2025–29.

Source: IE


India Supports First Global Carbon Tax to Decarbonise Shipping Sector Blog Image

What’s in Today’s Article?

  • Shipping Industry Latest News
  • India Backs Global Carbon Tax on Maritime Emissions
  • Background and Significance of the Global Tax
  • India’s Role and Position
  • Expected Impact and Limitations
  • Concerns from Developing Nations
  • The Road Ahead: Technical Details Pending
  • Global Carbon Tax for Shipping FAQs

Shipping Industry Latest News

  • India and 62 other countries voted in favour of the world's first-ever global carbon tax imposed on the shipping industry by the United Nations' shipping agency.

India Backs Global Carbon Tax on Maritime Emissions

  • In a historic development, India has joined 62 other nations in supporting the world's first-ever global carbon tax imposed on the shipping industry
  • The agreement was reached at the International Maritime Organisation (IMO) headquarters in London on April 11, 2025. 
  • This marks a significant step in the global fight against climate change, especially in a sector previously untouched by the Paris Agreement.

Background and Significance of the Global Tax

  • Commercial shipping contributes about 3% of global greenhouse gas emissions. Despite this, it had remained outside the scope of global climate pacts like the Paris Agreement. The new decision by the IMO aims to plug that gap.
  • This carbon pricing system, which will come into effect in2028, will require large vessels (above 5,000 gross tonnage) to either adopt cleaner fuel technologies or pay a penalty based on their emission intensity.
  • According to the agreement:
    • Ships will pay $100 to $380 per tonne of CO₂ emitted, depending on compliance thresholds.
    • The policy aims to generate up to $40 billion by 2030, which will be reinvested to decarbonise the maritime sector.

India’s Role and Position

  • India, along with countries like China, Brazil, South Africa, the EU, Norway, Japan, and Singapore, voted in favour of the resolution. 
  • Their collective support highlights a growing international consensus on the need to decarbonise maritime operations.
  • However, oil-producing nations such as Saudi Arabia, the UAE, Russia, and Venezuela voted against the resolution. 
  • Interestingly, the United States abstained from voting altogether, maintaining its stance of not participating in the negotiations.

Expected Impact and Limitations

  • While the agreement is a bold step, experts argue that the current framework falls short of climate goals:
    • It is projected to reduce shipping emissions by only 10% by 2030, whereas the IMO's own target is a 20-30% cut by that year.
    • Additionally, revenues will be exclusively allocated to the maritime sector, excluding broader climate adaptation or mitigation efforts, which has sparked criticism from vulnerable island nations.

Concerns from Developing Nations

  • Many developing countries and small island nations expressed disappointment:
    • They advocated for a portion of the revenue to support broader climate finance needs.
    • Countries like Tuvalu and Vanuatu criticized the lack of transparency and the weakened ambition in the final design.
    • The policy’s failure to support the 1.5°C temperature goal under the Paris Agreement was seen as a missed opportunity.

The Road Ahead: Technical Details Pending

  • Though the framework has been approved, several operational aspects remain undecided:
    • The policy is set to be formally adopted in October 2025.
    • Mechanisms for revenue distribution, emissions verification, and compliance tracking are still being negotiated.
  • Environmental advocates have vowed to continue pushing for a more ambitious and inclusive approach in subsequent rounds of negotiation.

Global Carbon Tax for Shipping FAQs

Q1. What is the purpose of the newly introduced global carbon tax on shipping?

Ans. It aims to reduce greenhouse gas emissions from the shipping industry and promote cleaner technologies.

Q2. When will the global carbon tax on shipping come into effect?

Ans. The carbon tax will be implemented starting in 2028.

Q3. How much could the global carbon tax generate by 2030?

Ans. It is estimated to generate up to $40 billion by 2030.

Q4. What will the revenue from this tax be used for?

Ans. All revenue will be ring-fenced exclusively for decarbonising the maritime sector.

Q5. Did all countries support the carbon tax?

Ans. No, while 63 countries supported it, 16 opposed it, 25 abstained, and the U.S. did not participate in the vote.

Source : TH | TOI


Genome India Project: Mapping India's Genetic Diversity for Better Healthcare Blog Image

 What’s in Today’s article?

  • Genome India project Latest News
  • Launch of Genome India project
  • Sampling Strategy
  • Key Genetic Findings
  • Genome India Project FAQ’s

Genome India project Latest News

  • The preliminary findings of the Genome India project, which aimed to sequence the whole genomes of 10,000 healthy and unrelated Indians from 83 population groups, were published in Nature Genetics. 
  • After excluding two population groups, the study analyzed data from 9,772 individuals, including 4,696 men and 5,076 women.

Launch of Genome India project

  • The Genome India project was launched in January 2020, with funding from the Department of Biotechnology.
  • Scope and Sample Collection
    • The study aimed to collect blood samples and phenotype data (e.g., weight, height, hip & waist circumference, blood pressure).
    • Participants represented 83 population groups: 30 tribal; 53 non-tribal.
    • These groups were spread across India.
  • Genome Sequencing
    • Whole genome sequencing was performed on DNA samples from 10,074 individuals.
    • After excluding two populations, data from 9,772 individuals was analyzed.
  • Collaborating Institutions
    • The project is a collaborative effort involving 20 institutions. Genome sequencing was carried out by:
      • Centre for Brain Research, IISc Bengaluru
      • Centre for Cellular and Molecular Biology, Hyderabad
      • Institute of Genomics & Integrative Biology, Delhi
      • National Institute of Biomedical Genomics, Kolkata
      • Gujarat Biotechnology Research Centre, Gandhinagar

Sampling Strategy

  • Samples were collected from 83 population groups across 100+ distinct geographical locations.
  • Median samples collected:159 individuals per non-tribal group; 75 individuals per tribal group.
  • Participants were unrelated to ensure accurate estimation of mutation frequencies.
  • Parent-Child Pairs
    • 3 to 6 parent-child pairs were included in each group.
    • Purpose: To detect de novo mutations (mutations present in a child but absent in parents).
  • Tribal and Non-Tribal Genome Coverage
    • Tribal groups sequenced:
      • Tibeto-Burman tribe
      • Indo-European tribe
      • Dravidian tribe
      • Austro-Asiatic tribe
      • Continentally admixed outgroup
    • Non-tribal groups sequenced:
      • Tibeto-Burman non-tribe
      • Indo-European non-tribe
      • Dravidian non-tribe
  • Linguistic Representation
    • Sampling aligned with India’s major language families, which correlate with genetic diversity:
      • Indo-European
      • Dravidian
      • Austro-Asiatic
      • Tibeto-Burman
  • Excluded Populations
    • Four ancient Andamanese populations (dating back ~65,000 years)
    • Two relatively modern populations (from ~5,500 years ago)

Key Genetic Findings

  • 180 million mutations identified in total:
    • 130 million in autosomes (non-sex chromosomes)
    • 50 million in sex chromosomes (X and Y)
  • The large number is expected, given the 3 billion DNA base pairs and sequencing of 9,772 individuals from 83 distinct endogamous groups.
  • 98% of the human genome consists of non-coding regions, and most variants are likely found here.
    • Non-coding region mutations, especially evolutionarily conserved polymorphisms, help in tracing human evolutionary history.
    • This is especially important in India, where many contemporary populations stem from a few founding groups and have remained genetically distinct due to endogamy.
  • Impact of Endogamy
    • All 83 groups studied practice endogamy, though to varying degrees.
    • Long-term endogamy has led to population-specific unique mutations, including disease-causing genetic variants with amplified frequencies.
    • India’s genetic diversity has been underrepresented in global (largely Eurocentric) genome studies.
    • This project addresses that gap by capturing the genetic landscape of one of the most diverse populations globally.
  • Medical Implications
    • The findings will encourage studies on genetic links to diseases specific to Indian populations.
    • It promotes precision medicine, allowing for personalized treatment strategies tailored to Indian genetic make-up.
    • Enables development of affordable diagnostic tools for early disease detection, prevention, and management in India.
    • Findings can support targeted public health policies to address population-specific genetic disorders.

Genome India Project FAQs

Q1. What is the Genome India project?

Ans. It is a nationwide genome sequencing initiative to map genetic diversity in 10,000 unrelated Indians across 83 population groups.

Q2. When was the Genome India project launched?

Ans. It was launched in January 2020, funded by the Department of Biotechnology, to understand India's genetic diversity and diseases.

Q3. What were the key findings of Genome India?

Ans. The study found 180 million mutations, mostly in non-coding DNA, highlighting India's distinct genetic profile due to endogamy.

Q4. Why is endogamy significant in Genome India?

Ans. Endogamy led to unique, population-specific mutations that help trace evolution and identify group-specific disease risks for precision healthcare.

Q5. What are the health benefits of Genome India?

Ans. It enables development of tailored diagnostics, early disease detection, and precision medicine based on Indian genetic profiles.

Source: TH