What’s in Today’s Article?

• Judicial Activism Latest News
• Introduction
• The Foundations of Judicial Review
• Article 142 and the “Complete Justice” Debate
• Landmark Judgments and Public Perception
• Democracy, Separation of Powers, and Judicial Boundaries
• Counter-arguments to the “Despotism” Charge
• Conclusion
• Judicial Activism FAQs

Judicial Activism Latest News

• A series of judgments in recent times has had several parties questioning the powers and motives of the Supreme Court.

Introduction

• The Supreme Court of India, long seen as the guardian of constitutional morality and citizen rights, has lately found itself at the centre of a national debate. 
• Concerns are growing over whether recent judicial decisions reflect an era of “judicial despotism” or are simply the judiciary fulfilling its role amidst increasingly complex socio-political conditions.

The Foundations of Judicial Review

• Although the Indian Constitution does not explicitly mention the term “judicial review,” its spirit is embedded in Article 13. It empowers constitutional courts to invalidate laws that contradict fundamental rights. 
• Articles 32 and 226 further cement the judiciary’s role in safeguarding rights, reinforcing that judicial review is an essential component of the basic structure of the Constitution.
• The concept has evolved with doctrines like Public Interest Litigation and locus standi, once meant to extend access to justice, now often accused of expanding judicial reach into legislative and executive domains.

Article 142 and the “Complete Justice” Debate

• Article 142 grants the Supreme Court powers to deliver “complete justice,” used in landmark cases such as Babri Masjid, mob lynching guidelines, and irretrievable marriage breakdowns. 
• Critics argue this provision allows excessive discretion, while defenders see it as a necessary instrument for justice in exceptional circumstances.
• The Vice President’s comparison of Article 142 to a “nuclear missile” sparked backlash, with legal scholars asserting that this provision, when judiciously applied, upholds the spirit of the Constitution.

Landmark Judgments and Public Perception

• Several Supreme Court rulings have drawn mixed reactions, such as:
  • Upholding demonetization,
  • Refusing to recognize same-sex marriages,
  • Approving the Rafale deal,
  • Validating NRC in Assam,
  • Not intervening in the Pegasus surveillance case, and
  • Delay in hearing petitions on CAA and EVMs.
• The court has occasionally countered the government’s stance, notably by striking down the Electoral Bond Scheme and the NJAC Act.
• The recent Tamil Nadu Governor case illustrated how the court can uphold federalism and democratic accountability. 

Democracy, Separation of Powers, and Judicial Boundaries

• Elected leaders often oppose judicial review while in power but embrace it in opposition. 
• This contradiction underscores an enduring tension between Parliamentary supremacy and constitutional supremacy.
• Jawaharlal Nehru once warned against the judiciary acting as a “third chamber,” while simultaneously acknowledging its role in correcting legislative missteps.
• Critics argue that unelected judges overturning laws passed by elected representatives is anti-democratic, but scholars maintain that judicial review is indispensable for protecting federal structure, minority rights, and constitutional values.

Counter-arguments to the “Despotism” Charge

• The charge of judicial despotism lacks robust backing when measured against the court’s restrained use of its powers. 
• The judiciary has often leaned towards the executive, not against it. Its interventions have been issue-based and grounded in constitutional mandates. 
• Instances where the court has pushed boundaries, such as in the Governor's case, were aimed at correcting executive inaction, not seizing power.

Conclusion

• The Indian judiciary remains a crucial bulwark against democratic erosion and executive excesses. 
• While concerns about judicial overreach are valid and necessary in a democracy, the current discourse must differentiate between despotism and judicial duty. 
• The judiciary must stay within its constitutional bounds, but it must also not shy away from upholding justice and accountability.

Judicial Activism FAQs

Q1. What is the primary criticism against judicial review in India?

Ans. It is often considered anti-democratic as unelected judges can overturn laws passed by elected governments.

Q2. What does Article 142 of the Indian Constitution allow?

Ans. It empowers the Supreme Court to pass any order necessary for doing “complete justice” in a case.

Q3. Why is the Tamil Nadu Governor case significant?

Ans. The Supreme Court’s ruling asserted that Governors cannot indefinitely delay assent to Bills passed by State Assemblies.

Q4. Has the Supreme Court mostly ruled against the government in recent years?

Ans. No, the Supreme Court has largely upheld government decisions, with a few exceptions.

Q5. What is the central message of the article?

Ans. While judicial scrutiny is essential, allegations of despotism are exaggerated and the judiciary largely operates within constitutional limits.

Source: TH

What’s in Today’s Article?

• Indus Waters Treaty Suspension Latest News
• Indus Waters Treaty: Historical Resilience and Recent Strains
• Legal Framework and Limitations of the Indus Waters Treaty (IWT)
• Implications of Suspending the Indus Waters Treaty (IWT)
• Suspension is Devastating for Pakistan
• Indus Waters Treaty Suspension FAQs

Indus Waters Treaty Suspension Latest News

• India has decided to suspend the Indus Waters Treaty (IWT) of 1960 with immediate effect, following a deadly terror attack in Pahalgam that killed at least 26 people. The treaty will remain in abeyance until Pakistan credibly and permanently ends its support for cross-border terrorism.
• The decision was made during a Cabinet Committee on Security (CCS) meeting chaired by Prime Minister Narendra Modi. 

Pahalgam Terror Attack

Indus Waters Treaty: Historical Resilience and Recent Strains

• The IWT, signed in 1960, governs water sharing between India and Pakistan, granting India control over eastern rivers and Pakistan over western rivers.
• It withstood multiple wars between India and Pakistan and has never been suspended — not even after the 2016 Uri attack that killed 18 Indian soldiers, despite calls for its revocation.

Rising Tensions and India's Push for Modification

• Since early 2023, India has escalated efforts to revisit the treaty:
  • January 2023: India issued a notice to Pakistan seeking a “modification” of the IWT.
  • September 2023: A second notice called for “review and modification,” which experts interpreted as a step toward revocation and renegotiation.

Reasons Cited by India for Renegotiation

• India argued for a reassessment of the treaty due to:
  • Fundamental and unforeseen changes in circumstances.
  • Shifting demographics and environmental challenges.
  • Clean energy requirements tied to global emission goals.
  • Continued cross-border terrorism from Pakistan.

Disputes over Hydroelectric Projects

• Pakistan objected to the design of two Indian “run-of-the-river” hydroelectric projects in Jammu & Kashmir:
  • Kishanganga HEP (on the Kishanganga River)
  • Ratle HEP (on the Chenab River)
• Despite not blocking river flow, Pakistan claimed these projects violate the IWT.

Suspension for the First Time

• Despite all previous tensions and provocations, the treaty was never suspended — until now, marking the first time one of the signatories (India) has formally moved to hold the treaty in abeyance.

Legal Framework and Limitations of the Indus Waters Treaty (IWT)

• No Exit Clause or End Date
• The IWT does not contain any provision for unilateral withdrawal or termination by either India or Pakistan. 
• It is a perpetual treaty, with any modification requiring mutual consent.
• Dispute Resolution Mechanism
  • Article IX, along with Annexures F and G, outlines a three-tiered dispute resolution process:
    • Initial resolution through the Permanent Indus Commission
    • Escalation to a neutral expert
    • Final arbitration through a forum of arbitrators
• Limitations of Legal Recourse for Pakistan
  • According to experts:
    • If India revokes or suspends the treaty, the existing dispute resolution mechanism becomes ineffective, as it only applies to disputes within the treaty framework.
    • There is no provision in the IWT for treaty revival or enforcement in case of suspension.
    • Pakistan cannot appeal to the International Court of Justice (ICJ) due to India’s reservation under the ICJ statute, which bars such cases.
• No Peaceful Mechanism for Enforcement
  • In the event of India stepping outside the treaty framework, Pakistan may lack any peaceful legal route to compel India to resume adherence or implementation of the IWT.

Implications of Suspending the Indus Waters Treaty (IWT)

• Expanded Strategic Options for India
  • By placing the IWT in abeyance, India gains greater autonomy over the use of the Indus River system, especially the Western Rivers—Indus, Jhelum, and Chenab.
• Cessation of Data Sharing
  • India can stop sharing water flow data with Pakistan, which was a key requirement under the treaty for transparency and flood forecasting.
• Freedom from Design and Operational Constraints
  • India is no longer bound by treaty-imposed restrictions on design and operations of hydroelectric projects on Western Rivers.
• Infrastructure and Water Management Opportunities
  • New Storage Projects: India can now build storage reservoirs on the Western Rivers.
  • Reservoir Flushing Allowed: India can implement reservoir flushing at sites like the Kishanganga Project, improving dam lifespan by clearing sediment.
• Suspension of Site Visits
  • India can deny access to Pakistani officials seeking to inspect Indian hydro projects, which was earlier mandated under the treaty’s provisions.
• Limited Immediate Impact
  • Despite these expanded powers, short-term impact is minimal because India currently lacks adequate infrastructure to halt or divert river flows effectively.

Suspension is Devastating for Pakistan

• Existential Dependence on the Indus System
  • 80% of Pakistan’s cultivated land (16 million hectares) relies on this water.
  • 93% of that water supports irrigation, sustaining agriculture—the country’s economic backbone.
  • Over 237 million people live in the Indus Basin; Pakistan comprises 61% of this population.
• Urban and Energy Dependence
  • Major cities like Karachi, Lahore, and Multan depend on Indus waters for daily needs.
  • Key hydropower plants like Tarbela and Mangla rely on consistent flows.
• Economic and Agricultural Significance
  • The Indus system contributes nearly 25% of Pakistan’s GDP.
  • Supports key crops: wheat, rice, sugarcane, and cotton.
  • Pakistan is among the most water-stressed countries, with rapidly declining per capita water availability.

Indus Waters Treaty Suspension FAQs

Q1. Why did India suspend the Indus Waters Treaty?

Ans. India suspended the treaty after a terror attack, blaming Pakistan for ongoing cross-border terrorism.

Q2. What rivers are affected by the Indus Waters Treaty suspension?

Ans. The suspension impacts Western Rivers: Indus, Jhelum, and Chenab, previously allocated to Pakistan.

Q3. Can Pakistan challenge the suspension legally?

Ans. No, the treaty lacks an exit clause and Pakistan can't approach ICJ due to India's reservations.

Q4. How does the suspension affect Pakistan’s agriculture?

Ans. Over 80% of Pakistan's farmland depends on Indus waters, severely impacting food and economic security.

Q5. What benefits does India gain from suspending the treaty?

Ans. India can build storage, deny data sharing, and redesign hydro projects without treaty restrictions.

Source: IE | ET | IT | BT

What’s in Today’s Article?

• India Pakistan 5-Point Action Plan Latest News
• India’s Response to the Pahalgam Terror Attack
• Geopolitical Isolation of Pakistan
• Perception in Islamabad: India is Taking Advantage
• The Pahalgam Attack: Pakistan’s Desperate Gambit
• India’s Strategic Path Forward
• Conclusion: Focus on Kashmir’s Development
• India Pakistan 5-Point Action Plan FAQs

India Pakistan 5-Point Action Plan Latest News

• The Cabinet Committee on Security (CCS), India’s top national security body, has taken strict measures against Pakistan after finding cross-border links in a terror attack in Pahalgam, Jammu and Kashmir, which killed 26 people. 
• In response, India has launched a 5-point action plan targeting Pakistan’s infrastructure, diplomatic presence, and cross-border movement.

Pahalgam Terror Attack

India’s Response to the Pahalgam Terror Attack

• Suspension of Indus Waters Treaty
  • India has suspended the Indus Waters Treaty with Pakistan, which governs river water sharing, until Pakistan stops supporting cross-border terrorism. 
  • This marks a major diplomatic shift since the treaty was signed in 1960.
• Closure of Attari-Wagah Border Check Post
  • India has closed the Attari Integrated Check Post, halting all cross-border movement of people and goods. 
  • Those already in India with valid documents may return by 01 May 2025.
• Cancellation of SAARC Visa Exemption Scheme (SVES)
  • India has suspended the SAARC Visa Exemption Scheme for Pakistani nationals. 
  • All existing SVES visas are cancelled, and Pakistani nationals in India under the scheme must leave within 48 hours.
• Expulsion of Pakistani Military Advisors
  • India has expelled all Pakistani military, naval, and air advisors from the Pakistani High Commission in New Delhi, declaring them Persona Non Grata. 
  • Indian military advisors in Islamabad will also be withdrawn.
• Reduction of Diplomatic Personnel
  • India will reduce its diplomatic staff in Pakistan from 55 to 30 by 01 May 2025, significantly scaling down bilateral diplomatic engagement.

Geopolitical Isolation of Pakistan

• Loss of US Leverage
  • Post-US withdrawal from Afghanistan in 2021, Pakistan lost strategic importance.
  • The US no longer provides economic support, unlike in previous years.
• Declining Gulf Support
  • Gulf nations have refused financial aid, showing frustration with Pakistan’s lack of reciprocity and repeated bailouts.
• Strained China Relations
  • Despite China’s major investments under the Belt and Road Initiative, projects are stalled due to:
    • Corruption
    • Insecurity, including attacks on Chinese personnel
    • China’s trust and enthusiasm for Pakistan have declined.
• Afghanistan Turns Hostile
  • Taliban-ruled Afghanistan, once expected to offer Pakistan “strategic depth”, has become a security threat.
  • Increased attacks along the Afghan-Pakistan border.
• Tensions with Iran
  • Baloch militants killed Pakistani workers in Iran recently.
  • Both countries have engaged in cross-border strikes targeting militant camps.

Perception in Islamabad: India is Taking Advantage

• Pakistan sees India’s growing confidence and regional assertiveness as an attempt to marginalise and isolate it.
• India now treats Pakistan as irrelevant, especially in its Kashmir policy, evidenced by the abrogation of Article 370 in 2019.
• Record tourism in Kashmir and economic improvements signal stability, reinforcing India’s narrative of normalcy.
• US "de-hyphenation" of its relations (treating India and Pakistan separately) underscores Pakistan’s diminished relevance.
• PM Modi’s visit to Saudi Arabia and US VP J.D. Vance’s visit to India, while skipping Pakistan, highlight its geopolitical isolation.

The Pahalgam Attack: Pakistan’s Desperate Gambit

• Seen as a calculated provocation to signal that Pakistan still matters in regional geopolitics.
• Army Chief General Asim Munir’s rhetoric on the “two-nation theory” and Kashmir being the “jugular vein” lays the ideological groundwork.
• The timing of the attack coinciding with global diplomatic engagements suggests a message to the world: Pakistan remains a critical regional actor.
• Even negative global attention, Pakistan hopes, could result in renewed engagement, breaking its current isolation.

India’s Strategic Path Forward

• Immediate Internal Response
  • Conduct a security audit to identify lapses.
  • Avoid politicisation; involve elected state government (e.g., National Conference) in stabilisation efforts.
  • Ensure that tourism and development in Kashmir are not derailed.
• Diplomatic Strategy
  • Maintain pressure to keep Pakistan diplomatically isolated.
  • Prevent international actors from seeing terror as a valid means to draw engagement.

Conclusion: Focus on Kashmir’s Development

• India’s long-term approach should centre on the people of Kashmir. The Pahalgam attack must not reverse the progress towards stability and prosperity in the region.
• India must strike a balance between strategic assertiveness and pragmatic engagement.

India Pakistan 5-Point Action Plan FAQs

Q1. What triggered India’s 5-point action plan against Pakistan?

Ans. The terror attack in Pahalgam, Jammu and Kashmir, which killed 26 people, prompted India’s strict response.

Q2. What are the key actions India took after the Pahalgam attack?

Ans. India suspended the Indus Treaty, closed borders, cancelled visas, expelled advisors, and reduced diplomatic staff.

Q3. Why is the Indus Waters Treaty suspension significant?

Ans. It marks the first time India suspended the 1960 treaty, using water diplomacy as a pressure tactic.

Q4. How is Pakistan diplomatically isolated regionally?

Ans. Pakistan faces reduced US leverage, Gulf disinterest, strained ties with China, Iran, and a hostile Afghanistan.

Q5. What is India’s long-term strategy post-attack?

Ans. India focuses on Kashmir’s development while diplomatically isolating Pakistan and avoiding escalation or politicisation of the issue.

Source: IE | IE