Current Affairs 21 August 2025
Content Removing a Minister Nuclear laws and the role of Opposition Why India needs a national space law What are ‘machine readable’ electoral rolls? India successfully tests Agni-5 missile Removing a Minister Constitutional Context Articles Involved: Article 75 – Council of Ministers at Union level. Article 164 – Council of Ministers in states. Article 239AA – Special provisions for Delhi (Union Territory with Assembly). Current framework: Ministers hold office during the pleasure of the President/Governor, on advice of PM/CM. No explicit disqualification if a Minister faces criminal cases, unless convicted. Relevance : GS 2(Polity , Constitution) Proposed Amendment (Constitution (One Hundred and Thirty-Third) Amendment Bill, 2025) Inserts a new clause: A Minister detained in custody for ≥30 consecutive days for offences punishable with imprisonment of ≥5 years will be removed from office. Removal is automatic, based on detention – not conviction. Minister may return once released from custody. Applies uniformly to Union, State, and UT Ministers. Aims to prevent governance being run by Ministers in prolonged custody on serious charges. Rationale for the Amendment Governance Concerns: Ministers in custody cannot discharge duties effectively. Presence of tainted Ministers undermines public trust and constitutional morality. Judicial Delay Factor: Trials often take years, and Ministers continue in office while under serious criminal allegations. Reform Need: Current system allows even those with serious charges to be appointed Ministers until conviction. Amendment seeks to close this gap. Legal & Institutional Precedents Law Commission Reports: 170th Report (1999) – Suggested disqualification if charges involve ≥5 years imprisonment. 244th Report (2014) – Reiterated same recommendation, with judicial scrutiny of charges. Election Commission: Supported barring individuals facing serious charges. Supreme Court Rulings: Manoj Narula v. Union of India (2014): Court held there is no bar on appointing persons with criminal charges as Ministers, though PM should act as “repository of constitutional trust.” Emphasised moral responsibility over legal compulsion. More recent SC observations (2024–25) – Raised concerns on Ministers like Senthil Balaji (Tamil Nadu) and Manish Sisodia (Delhi) continuing in office despite custody in corruption/money laundering cases. Issues Raised Constitutional Questions: Does detention = disqualification, even before conviction? Does it dilute the presumption of innocence? Judicial Review: Courts may need to clarify if removal is automatic or subject to review. Distinction between custody vs. conviction remains critical. Governance vs. Rights: Balancing need for clean governance with rights of Ministers against premature punishment. Practical Implications For Chief Ministers/Prime Minister: Amendment reduces discretion in retaining tainted Ministers. Provides clear legal basis for removal. For Legislatures: Reinforces integrity in executive councils. For Politics: Likely to impact states/UTs where several Ministers are in custody due to corruption or money-laundering probes. Example: Senthil Balaji (TN), Manish Sisodia (Delhi), Kejriwal (Delhi). Criticisms & Challenges Presumption of Innocence: Critics argue removal upon detention (not conviction) undermines “innocent until proven guilty.” Political Misuse: Risk that investigative agencies may misuse detention to politically dislodge Ministers. Judicial Burden: Likely to increase petitions challenging detention and automatic removal. Ambiguity: What if a Minister is repeatedly bailed and re-arrested? Does temporary bail reset the 30-day period? Way Forward Clear guidelines to prevent misuse of investigative powers. Judicial safeguards (e.g., only charges framed by higher courts in serious offences to count). Codifying disqualification in a manner that balances clean politics with fair trial rights. Possible future debate on extending disqualification criteria to MPs/MLAs at the legislative entry stage. Broader Significance Strengthens constitutional morality and the principle of responsible government. Reinforces the separation of powers by ensuring executive integrity. Reflects India’s democratic maturity in addressing the criminalisation of politics. Nuclear laws and the role of Opposition Background & Context Nuclear energy in India: Currently contributes just 3% of India’s power generation. Installed capacity (2024): 24 nuclear plants with 8.8 GW. Targets: 22.48 GW by 2031-32, 100 GW by 2047 (aligned with clean energy & energy security goals). Civil Liability for Nuclear Damages Act, 2010 (CLNDA): Enacted after India’s Civil Nuclear Agreement (2005–08) with the U.S. Introduced liability framework for compensation in case of nuclear accidents. Unique in holding suppliers of nuclear equipment liable, in addition to the operator (Nuclear Power Corporation of India Limited – NPCIL). This provision discouraged foreign suppliers (U.S., France, etc.) from entering Indian market. Atomic Energy Act, 1962 (AEA): Governs India’s nuclear sector. Restricts participation to government-owned entities. Private sector not allowed in nuclear energy production. Relevance : GS 2(Governance), GS 3(Nuclear Energy) Proposed Amendments CLNDA amendment: Aim: Limit or remove supplier liability for nuclear accidents. Would bring India’s framework closer to the Convention on Supplementary Compensation for Nuclear Damage (CSC) standards (operator-only liability). AEA amendment: Aim: Permit private sector participation in nuclear power. Long-debated issue since Raja Ramanna Committee report (1997). Would open opportunities for private investment, especially in small modular reactors (SMRs). Historical Context 2007–2010 debates: UPA govt. faced stiff opposition (BJP & Left parties) during CLNDA drafting. Background: 1984 Bhopal Gas Tragedy → heightened demand for corporate accountability. 2010 Fukushima disaster → reinforced global concerns about nuclear safety. Opposition insisted on strong supplier liability to safeguard citizens. Result: Suppliers clause inserted, but foreign suppliers withdrew → nuclear deals stalled. Earlier Opposition stances: Patents Act amendment (1999–2005): Opposition initially blocked, later supported. Insurance FDI & Land Boundary Agreement: Initially stalled, later supported. Pattern: Opposition sometimes shifts stance when in power or national interest demands. Current Political Dynamics Government’s Position (NDA): Keen to amend CLNDA & AEA to: Attract foreign suppliers (U.S., France, Russia). Encourage private domestic players. Accelerate nuclear capacity expansion to meet clean energy goals. Opposition’s Concerns (Congress & others): Dilution of supplier accountability → increased domestic risk in case of accidents. Favors international corporations over citizens. Seen as appeasing U.S. & France (major reactor suppliers). Citing Bhopal legacy, questions government’s ability to enforce accountability. Key Issues for Debate Accountability vs. Investment: Strong supplier liability = safety but deters investment. Operator-only liability = global norm, but raises questions of justice for victims. Energy Security & Climate Goals: Nuclear is crucial for India’s net-zero by 2070 roadmap. Can provide stable, non-fossil baseload energy. Small Modular Reactors (SMRs) emerging as game-changers – cheaper, safer, scalable. Waste Disposal & Safety: Long-term nuclear waste management remains unresolved globally. India must ensure transparent policy before major expansion. Judicial & Compensation Mechanisms: Adequacy of compensation frameworks in case of accidents. Avoiding repeats of Bhopal Gas Tragedy inadequacies. International Angle U.S. & France: Major nuclear technology suppliers, have pressed India for liability relaxation. Without change, India’s nuclear deals (e.g., Jaitapur project with France’s EDF) remain stalled. Convention on Supplementary Compensation (CSC): India acceded in 2016. Requires liability on operators, not suppliers – current CLNDA seen as inconsistent. Strategic Significance Nuclear energy expansion ties into: Energy independence (reduce import dependence on coal & oil). Geopolitics (India-U.S. nuclear partnership is cornerstone of strategic ties). Climate commitments (non-fossil energy mix to rise to 50% by 2030). Way Forward Need for balanced framework: Protect citizens’ rights in case of nuclear accidents. Ensure suppliers have some responsibility (e.g., defective equipment). Align with international norms to attract investment. Role of Opposition: Must engage in constructive debate, not blanket opposition. Should push for safeguards (insurance pools, higher operator liability, safety regulators). Parliamentary Debate: Should cover nuclear waste disposal, safety protocols, transparency in agreements, and citizens’ compensation. Conclusion The issue is not just legal or political—it is about India’s energy future, climate obligations, and strategic autonomy. Opposition faces a choice: either repeat past obstruction or help shape a responsible, investor-friendly yet citizen-safe nuclear policy. Why India needs a national space law Global Legal Framework for Outer Space Outer Space Treaty (OST), 1967: Forms the cornerstone of international space law. Ratified by 114+ countries, including India. Key stipulations: Outer space is the “province of all mankind” → no national appropriation (no sovereignty, no ownership claims). Peaceful uses only → bans placement of nuclear weapons or weapons of mass destruction in orbit. States bear international responsibility for all space activities, whether by government or private entities. States are liable for damage caused by space objects (to other states or international property). Encourages international cooperation and sharing of benefits from space exploration. Other companion treaties: Rescue Agreement (1968). Liability Convention (1972). Registration Convention (1976). Moon Agreement (1979 – not widely adopted). Relevance : GS 2(Governance , International Relations) Are These Treaties Self-Executing? Not self-executing: International treaties only provide principles. They need domestic legislation to become enforceable within countries. Example: OST says states are responsible for private space activities → but how private firms are licensed, regulated, and insured must be defined by national law. UNOOSA’s stance: National legislations “give effect” to OST principles, ensuring space activities remain safe, sustainable, and responsible. Importance of National Space Legislation Legal certainty: Provides clear rules for licensing, approvals, liability, insurance, and dispute resolution. Encourages investment: Foreign investors and domestic startups require predictable regulatory environments. Dual-use dilemma: Space technologies often have military as well as civilian uses → needs robust oversight. FDI attraction: Clear rules on foreign investment in space manufacturing (e.g., 100% FDI in satellite components) crucial for growth. Liability & insurance: Internationally, states are liable → but domestically, operators/startups must carry insurance to cover accidents. Innovation protection: Secure Intellectual Property Rights (IPR) prevents brain drain and builds investor confidence. Debris management & sustainability: National laws can enforce debris mitigation, accident investigations, and data-sharing frameworks. Independent regulator: Avoids conflicts of interest, builds credibility. India’s Approach to Space Legislation Status: India has signed/ratified OST and related treaties but lacks a comprehensive national space law. Current framework: Space activities governed mainly through policy guidelines (e.g., Space Policy 2023). IN-SPACe (Indian National Space Promotion and Authorization Centre) set up as nodal body to regulate private sector participation, but lacks statutory backing. Licensing, approvals, and FDI rules remain fragmented across ministries. Incremental strategy: India has gradually opened space to private participation (satellite launches, component manufacturing). Still in the process of drafting national space legislation to provide full legal clarity. Priorities identified (Gp. Capt. T.H. Anand Rao, Indian Space Association): Grant statutory authority to IN-SPACe. Create a single-window licensing system (clear timelines, fees, reasons for approval/rejection). Define liability & accident investigation mechanisms. Strengthen FDI and IPR rules to support startups. Establish an independent appellate body for disputes. Why Affordable Insurance Frameworks for Space Startups Are Crucial International liability: Under OST & Liability Convention, India as a state is liable for damages caused by its space objects. Domestic burden-sharing: Without insurance, taxpayers may have to bear damages from private sector accidents. High-value assets: Satellites and payloads worth hundreds of millions → startups cannot sustain losses without affordable insurance. Third-party coverage: Mandatory insurance ensures compensation for damage caused to foreign entities or global commons. Encourages private sector participation: Affordable insurance lowers entry barriers for startups and SMEs in the space ecosystem. Prevents flight of talent/companies: If India lacks protection frameworks, startups may migrate to jurisdictions with better IPR and insurance regimes. Way Forward for India Enact a comprehensive National Space Law aligned with OST principles. Grant statutory authority to IN-SPACe as a regulator. Develop affordable insurance pools (possibly public-private) to support startups. Ensure IPR protection and transparent FDI rules. Enforce space debris mitigation & sustainability laws. Create an independent appellate body for space-related disputes. Broader Significance India is transitioning from a state-driven space programme (ISRO monopoly) to a mixed ecosystem with private players. Without robust space legislation: International commitments cannot be effectively enforced. Investor confidence will remain low. Space startups may shift abroad, slowing India’s ambitions. A strong law would secure India’s position as a global space power and support its ambitions for 100+ startups, lunar missions, Gaganyaan, and a space station by 2047. What are ‘machine readable’ electoral rolls? Basics – What are Electoral Rolls? Definition: Electoral rolls = authoritative list of all eligible voters in India. Purpose: Ensures only eligible citizens can vote; prevents disenfranchisement or duplication. Dynamic nature: Continuously updated → additions (new voters), deletions (deaths, relocations), corrections (errors, address changes). Scale: As of Jan 2024 → ~99 crore entries (world’s largest democratic database). Relevance : GS 2(Elections , Reforms) How are Electoral Rolls Currently Shared? Prepared by: District-level officials under EC’s authority. Data backbone: ERONET (Electoral Roll Management System). Public access: Provided as image-PDF files on websites or as physical printouts. Voter photos included in internal versions, but not in PDFs available online. Limitations: Image-PDFs are not machine-readable → cannot be searched or indexed directly by computers. Why Political Parties/Activists Want Machine-Readable Rolls Machine-readable = text-PDF / searchable format. Advantages: Enables computer-based indexing/search. Makes spotting duplicate entries, ghost voters, irregularities much easier. Reduces human resource dependency and speeds up audit. Evidence: In Mahadevapura, Bengaluru → Congress manually found ~11,965 duplicate entries. Activists (e.g., P.G. Bhat) used machine-readable rolls pre-2018 to highlight irregularities. Why the EC Stopped Providing Machine-Readable Rolls (2018–2019) Policy shift: One year before 2019 elections, EC ordered States to stop uploading machine-readable rolls. Official rationale (O.P. Rawat, then CEC): Prevent foreign entities from accessing detailed voter data (full names + addresses). Data security concerns in a digital age (risk of profiling, surveillance, manipulation). Supreme Court stance (Kamal Nath vs EC, 2018): Refused to compel EC to provide text-searchable electoral rolls. Court held: Petitioners can convert PDFs themselves into searchable format if they wish. Despite EC’s own manual recommending “draft roll shall be put on websites in text mode”. Technical & Practical Barriers to Analysis OCR (Optical Character Recognition): Can convert image-PDFs into searchable text. Decades-old tech, but not perfect → prone to errors, esp. with Indian languages/scripts. Challenges: Voter rolls for each Assembly Constituency split into hundreds of PDFs. Estimated 6+ crore pages nationwide. Resource intensive → Cost of OCR for all rolls ≈ $40,000 per revision cycle (Google AI pricing estimate). Logistical hurdles for parties with limited tech capacity. The Transparency vs. Privacy Dilemma Transparency benefits: Easier detection of fraud (duplicate, bogus entries). Builds trust in electoral process. Empowers citizens, researchers, and watchdogs. Risks if made fully public: Exposure of sensitive personal data (name, gender, address, age). Possibility of misuse by foreign actors, data brokers, or political micro-targeting. Potential voter harassment or profiling. Expert opinion: Srinivas Kodali (activist): Since political parties already have OCR capability, better to make rolls public in machine-readable format to level the playing field and ensure transparency. The Core Reasons EC Avoids Machine-Readable Rolls Data protection: Preventing misuse of sensitive personal info. Cybersecurity risks: Fear of foreign/state-sponsored actors exploiting voter databases. Legal backing: Supreme Court allowed EC discretion in the matter. Operational caution: Large-scale digitisation could trigger political/activist pushback if privacy breaches occur. Implications of Current Practice For political parties: Must invest in manual scrutiny or costly OCR processes. Larger/national parties can afford it → smaller ones disadvantaged. For voters: Errors/duplicates harder to spot and correct. Risk of disenfranchisement if issues go unnoticed. For democracy: Reduced transparency → possible erosion of trust in electoral rolls. Opens space for allegations of “vote theft” and irregularities. Way Forward Balanced solution: Provide machine-readable rolls with data redaction (partial masking of sensitive info like house number). Tiered access: full rolls to recognized political parties under data-protection obligations, limited access to public. Strengthen data protection laws for electoral databases. Technology use: Deploy secure EC-backed OCR and deduplication systems internally. Allow public verification via safe, anonymised platforms. Legal clarity: Amend rules to explicitly define what format voter rolls must be published in, balancing privacy with transparency. Bottom Line EC’s refusal stems from privacy and national security concerns, backed by SC’s cautious stance. But lack of machine-readable rolls hampers transparency and makes fraud detection harder. The challenge is to balance transparency and data privacy, possibly via controlled digital access rather than blanket public release. India successfully tests Agni-5 missile Basics – What is Agni-5? Type: Long-range nuclear-capable ballistic missile. Classification: Intercontinental Ballistic Missile (ICBM). Range: ~5,000–5,500 km (can reach almost entire Asia, parts of Europe, Africa). Developer: DRDO (Defence Research & Development Organisation). User: Strategic Forces Command (SFC), which handles India’s nuclear arsenal. Role: Key pillar of India’s nuclear deterrence strategy under the doctrine of credible minimum deterrence. Relevance : GS 3(Internal Security , Defence) Key Features of Agni-5 Propulsion: 3-stage, solid-fuel missile → higher mobility, faster launch readiness. Accuracy: Equipped with advanced navigation & guidance systems, including ring-laser gyroscope & micro-navigation system. Mobility: Road- and rail-mobile launch capability → increases survivability. Warhead capacity: Can carry nuclear warheads (~1.5 tonnes). MIRV Technology: Multiple Independently Targetable Re-entry Vehicle (MIRV) allows a single missile to carry multiple warheads. Each warhead can hit different targets, overwhelming enemy defenses. First validated in March 2024 trial. The August 20, 2025 Test (Chandipur, Odisha) Nature of test: User trial by Strategic Forces Command (SFC), not just developmental. Purpose: Validate operational readiness of Agni-5 system. Confirm reliability of all technical parameters in real-world conditions. Strengthen India’s long-term strategic deterrence posture. Outcome: Declared “successful” → all mission objectives met. Historical Development Agni series: India’s indigenous missile programme → ranges from short-range (Agni-1) to ICBM (Agni-5). Timeline: 2012: First test of Agni-5. Multiple developmental & user trials since. 2024: First test of Agni-5 MIRV variant. 2025 (current): Operational validation test by SFC. Strategic Importance Deterrence against China: 5,000 km range covers Beijing, Shanghai, and other Chinese strategic assets. Strengthens India’s second-strike capability under No First Use (NFU) doctrine. Credible minimum deterrence: Enhances survivability of India’s nuclear arsenal. MIRV capability: Counters anti-ballistic missile (ABM) shields by ensuring multiple warheads hit targets simultaneously. Geopolitical message: Demonstrates India’s growing technological maturity in strategic weapons → boosts global stature. Operational Context Strategic Forces Command (SFC): Conducted the test → indicates induction into active arsenal. Comparison with others: China: DF-41 ICBM (range 12,000–15,000 km, MIRV capable). Pakistan: No ICBM capability; longest-range = Shaheen-III (~2,750 km). India: With Agni-5 MIRV, joins small club (US, Russia, China, France) with MIRV-capable ICBMs. Implications for India’s Security & Foreign Policy Strategic Stability: Enhances deterrence, reduces adversaries’ temptation for pre-emptive strike. China focus: Directly balances China’s long-range missile arsenal. Pakistan: Already within Agni-2/Agni-3 range; Agni-5 aimed primarily at China. Global diplomacy: Positions India as a responsible nuclear power with credible deterrence. Enhances leverage in global arms control discussions (e.g., MTCR, NSG). Challenges Ahead MIRV integration: Needs extensive testing under different conditions. Counter-systems: China deploying advanced ABM systems → India needs penetration aids, decoys, maneuverable warheads. Arms race concern: Agni-5 MIRV could trigger regional acceleration of nuclear and missile development. Command & control: Must ensure highest standards of safety, security, and political oversight. Bottom Line Agni-5’s August 2025 test marks operational consolidation of India’s ICBM programme. Demonstrates MIRV maturity and strategic readiness. Reinforces India’s China-centric deterrence posture and secures India’s place among the world’s advanced nuclear powers.