Upsc Polity Governance

🔆 Supreme Court Directs Centre & Tamil Nadu to Frame Rules for Purse Seine Fishing in EEZ 📍 Why in News? 🟢 The Supreme Court directed the Centre and Tamil Nadu to formulate rules for regulating purse seine fishing vessels transiting from Tamil Nadu’s territorial waters to the Exclusive Economic Zone (EEZ). 📍 Background 🟢 Tamil Nadu had banned purse seine fishing in its territorial waters in 2000. 🟢 The State opposed the transit of such vessels to the EEZ, while the fishing community sought access to waters beyond the State’s territorial jurisdiction. 📍 Court’s Key Observations 🟢 Fishing in the EEZ is governed by Central law, while fishing within territorial waters falls under the State’s regulatory framework. 🟢 The EEZ Rules, 2025 contemplate the issuance of access passes to fishing vessels permitted to operate in the EEZ. 🟢 There is no conflict between the Union’s EEZ Rules and the Tamil Nadu Marine Fisheries Regulation Rules, 2020. 🟢 A regulatory framework is needed to allow vessels to transit through territorial waters to reach permitted fishing zones in the EEZ. 📍 Key Concept: EEZ 🟢 Extends up to 200 nautical miles from the baseline. 🟢 The coastal State has sovereign rights to explore, exploit, conserve and manage natural resources in this zone. 🟢 It is not the same as territorial waters; the regulatory powers of States and the Union differ according to the maritime zone. 📍 Significance 🟢 Clarifies the regulatory overlap between State coastal waters and the Union-controlled EEZ. 🟢 Balances fishermen’s livelihoods with the State’s concerns regarding fishing practices. 🟢 Reinforces the need for cooperative federalism in maritime governance. ✎ MAINS PRACTICE QUESTION India’s maritime governance requires a balance between State regulation of coastal fisheries and Union control over offshore resources. Discuss in the context of the regulation of fishing activities in the Exclusive Economic Zone (EEZ). #polity

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🔆 Totaliser Machines in EVM Counting — Protecting Secrecy of Voting Patterns 📍 Why in News? 🟢 The Supreme Court has asked the Centre to state its position on introducing totalisers for counting votes recorded through EVMs. 🟢 The issue concerns protecting the secrecy of voting patterns at individual polling booths and preventing possible intimidation/victimisation of voters. 📍 What is a Totaliser? 🟢 A totaliser is a proposed mechanism that combines votes from multiple polling booths before displaying the results. 🟢 The article describes a totaliser as an interface connected to the main control unit of a cluster of 14 EVMs. 🟢 It provides consolidated candidate-wise votes across the connected EVMs, rather than revealing the voting pattern of each individual polling booth. 📍 Why was it Proposed? 🟢 Booth-wise results can potentially reveal the voting preferences of particular localities. 🟢 Since booths are often geographically clustered, voting patterns may sometimes be associated with particular social groups or communities. 🟢 Petitioners argued that such information could facilitate intimidation or victimisation of voters after elections. 🟢 A totaliser would therefore provide a greater degree of voter anonymity by aggregating results. 📍 Centre’s Position 🟢 The Centre has consistently opposed the introduction of totalisers. 🟢 Its concern has been that identifying booth-wise voting patterns could help candidates understand areas of weak support and potentially influence their subsequent political behaviour. 🟢 In 2018, the Centre also raised concerns that installing a totaliser could potentially create a data-breach risk before vote counting begins. 📍 Election Commission of India (ECI) Stand 🟢 The ECI has consistently supported introducing totalisers for counting EVM votes. 🟢 It first suggested the measure to the UPA government in 2008. 🟢 In 2018, the ECI told the Supreme Court that the time had come for introducing totalisers. 🟢 The poll body has argued that the mechanism can help protect voter anonymity. 📍 Supreme Court’s Current Position 🟢 The Supreme Court has asked the Central government to state its position on introducing a totaliser system. 🟢 It specifically sought information on whether there are impediments to introducing such a mechanism and whether it could have negative consequences. 🟢 The ECI has also been asked to submit its proposal to the government. 📍 Constitutional & Democratic Significance 🟢 Secrecy of ballot: Strengthens the principle that individual voters should not be identifiable through their booth’s collective voting pattern. 🟢 Free and fair elections: Reduces the possibility of post-election intimidation or victimisation based on locality-level voting behaviour. 🟢 Voter autonomy: Helps ensure that citizens can vote according to their choice without fear of consequences. 🟢 Transparency vs privacy: The debate involves balancing transparent vote counting with protection of voter anonymity. 🟢 Electoral trust: Any technological mechanism must preserve both public confidence in EVM counting and the secrecy of electoral preferences. 📍 Key Takeaway 🟢 The totaliser debate is essentially about whether election results should reveal “who voted where” at the booth level or only aggregate electoral preferences, while maintaining the integrity and transparency of EVM counting. #Polity

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🔆 Orthodoxy vs Women’s Right to Public Participation 📍 Why in News? 🟢 A directive restricting Muslim women’s participation in public celebrations has triggered a debate in Kerala over religious authority, women’s freedom and constitutional equality. 📍 Core Issue 🟢 Religious communities can preserve traditions, but such practices must conform to constitutional values. 🟢 Restricting women’s public participation violates the principles of equality, dignity and freedom. 🟢 Religious freedom cannot justify control over women’s movement, association and participation in society. 📍 Broader Concern 🟢 The debate highlights renewed tensions between orthodoxy and progressive social change. 🟢 The Muslim community is not monolithic, with both orthodox and progressive voices. 🟢 Political silence on women’s rights can weaken efforts to ensure gender justice. 📍 Way Forward 🟢 Uphold constitutional morality over discriminatory social practices. 🟢 Strengthen women’s agency and equal participation in education, employment, politics and public life. 🟢 Ensure that religion is not used as a tool to suppress women’s freedoms. #Polity

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🔆 Can Jurists be appointed as Supreme Court judges? 📍 Constitutional Provision 🟢 Article 124(3) provides three routes for appointment as a Supreme Court judge: 🟢 At least 5 years as a High Court judge 🟢 At least 10 years as a High Court advocate 🟢 Or, in the President’s opinion, a “distinguished jurist” 📍 Why has this provision remained unused? 🟢 The Constitution does not define “distinguished jurist” or prescribe a minimum period of professional experience. 🟢 In practice, Supreme Court judges have overwhelmingly been appointed from High Court judges and senior advocates. 🟢 The appointment process may also explain the provision’s limited use, as a jurist would first need to be recommended through the Supreme Court Collegium. 📍 Why is the provision significant? 🟢 It can bring diversity of professional backgrounds and outstanding legal scholarship to the Supreme Court. 🟢 The provision was inspired by the possibility of appointing eminent legal scholars and academics beyond conventional judicial pathways. 📍 A forgotten route? 🟢 The provision remains a constitutional possibility, but has never been invoked since the inception of the Constitution. 🟢 Its revival could help bridge the gap between “law in books” and “law in action”, subject to a credible and transparent appointment process. #polity

🔆 Constitutional Faultlines in the FCRA Bill, 2026 📍 What is the key change? 🟢 The Bill allows a Designated Authority to supervise, manage and dispose of foreign contributions and assets when an organisation’s FCRA certificate is cancelled, surrendered or ceases to exist. 🟢 It expands the consequences of losing FCRA registration beyond regulating foreign funding to potential State intervention in institutional assets and activities. 📍 Constitutional concerns 🟢 Expansion of executive discretion: Cancellation can trigger consequences such as provisional vesting, management, restoration and permanent vesting of assets. 🟢 Ownership vs control: Even without formal transfer of ownership, State management may significantly affect an institution’s independence. 🟢 Proportionality: State action must pursue a legitimate objective, have a rational connection to that objective, and maintain a proper balance between public purpose and the burden on rights. 📍 Need for safeguards 🟢 The Bill should provide clear limits on executive discretion, stronger judicial safeguards and transparent rules governing possession, management and permanent vesting. 🟢 If registration is restored through renewal, revision or judicial appeal, assets should also be restored. 📍 The core issue 🟢 Regulating foreign contributions is legitimate, but the question is how far the State can go in controlling institutions and their assets. #polity

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