The Hindu Gist - 27th October, 2026
1 . CEC Can Be Removed Only Like an SC Judge, ECI Says in Affidavit
The Election Commission of India (ECI) has defended the removal procedure for the Chief Election Commissioner (CEC), arguing that removal is governed by safeguards comparable to those applicable to a Supreme Court judge. The issue highlights the balance between institutional independence, procedural safeguards and accountability of constitutional authorities.
- Removal protection: The ECI’s affidavit states that the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge, protecting the office from arbitrary removal.
- Rule of majority: Under the multi-member Commission framework, decisions are taken by majority. In case of disagreement, the Chief Election Commissioner (Conditions of Service and Transaction of Business) Act, 2023, requires the majority view to prevail.
- Scope of the affidavit: The ECI argued in its affidavit that disclosure of internal notes and files concerning the Commission’s decisions is subject to the applicable statutory provisions and authorised procedures.
- Access to records: The ECI argued that the 2023 Act provides for disclosure of specified information, while maintaining restrictions on access to internal decision-making records.
Constitutional procedure — Article 324(5):
- Chief Election Commissioner (CEC): Can be removed only in the same manner and on the same grounds as a Supreme Court judge. The procedure requires an address by each House of Parliament, supported by a majority of the total membership of that House and a two-thirds majority of members present and voting, on grounds of proved misbehaviour or incapacity; the President then issues the removal order.
- Other Election Commissioners (ECs): Cannot be removed except on the recommendation of the CEC. They do not enjoy the same constitutionally specified removal procedure as the CEC.
- Protection of service conditions: The CEC’s conditions of service cannot be varied to their disadvantage after appointment.
- Statutory provision: Section 11 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, reiterates the removal safeguards and permits the CEC or an EC to resign by writing to the President
2. Dubious Retreat: The National Medical Commission Must Not Be Seen as Lax on Regulation
The National Medical Commission (NMC) has withdrawn its 2023 Maintenance of Standards of Medical Education Regulations (MSMER), raising concerns over the weakening of accountability mechanisms for medical colleges. The withdrawal has brought the earlier regulatory framework back into operation, but questions remain over individual penalties, institutional assessment, appeal procedures and transparency in enforcement.
Withdrawal of MSMER and Regulatory Implications
- Penalties on individuals: The withdrawn MSMER provided for fines of up to ₹5 lakh on faculty members and administrators for submitting false information or misleading the Medical Assessment and Rating Board (MARB).
- MARB’s existing powers: The MARB retains the power to impose fines of up to ₹1 crore on errant medical institutions.
- Individual accountability: Following the withdrawal of MSMER-2023, new matters are governed by the National Medical Commission Act, 2019, and the statutory and regulatory provisions in force at the relevant time. The withdrawal notification preserves specified actions and pending matters arising under the earlier regulations.
- Parallel assessment mechanism: MSMER introduced a mechanism allowing the undergraduate and postgraduate boards to assess institutions, thereby encroaching on the MARB’s role.
- Risk of reduced deterrence: Removing individual penalties could weaken the fear of personal consequences among administrators, potentially reducing incentives to maintain honest and compliant institutional practices.
- Persistent non-compliance: Violations such as the use of non-teaching or ghost faculty continue to raise concerns about the quality and integrity of medical education.
Appeals, Legal Inconsistencies and Enforcement
- Appeal provisions: MSMER-2023 provided for appeals against penalties. The applicable appeal deadline must be determined from the relevant statutory provision and regulations; the stated 15-day deadline should not be retained without verification against the original text.
- Possibility of legal disputes: The discrepancy between the two appeal timelines could generate uncertainty regarding the applicable procedure and create scope for litigation.
- Enforcement beyond institutional fines: Effective regulation requires penalties that ensure compliance by both institutions and the individuals responsible for violations and malpractice.
Transparency and Disclosure of Assessment Results
- Assessment and rating of colleges: The Central Information Commission reportedly revealed that the NMC had stated in 2024 that MARB had never formally assessed or rated medical colleges, despite its standard forms requiring such ratings.
- Unresolved discrepancy: The revised policy does not clarify the inconsistency between the stated absence of formal assessments and the prescribed assessment process.
- Publication of results: The 2023 MARB regulations require the Board to publish its latest annual assessment results. Whether these powers are being exercised transparently remains a concern.
- Regulatory credibility: Unless the NMC provides satisfactory answers to these concerns, withdrawal of MSMER risks appearing to weaken regulatory oversight rather than simplify regulation.
3. Why Inclusion Is Key to the RTE Act
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, provides for admission of children belonging to weaker sections and disadvantaged groups to at least 25% of the entry-level class in schools covered by Section 12(1)(c). However, equality of access does not automatically translate into equality of educational experience. Children may enter the same classroom yet remain separated by social background, classroom participation and unequal access to support.
The Gap Between Admission and Inclusion
- Formal access, unequal experience: Children admitted under the RTE quota may continue to face stigma, academic difficulties and social isolation despite studying alongside more privileged peers.
- Social integration cannot be presumed: Differences in family backgrounds and school experiences can reproduce social divisions within the classroom, limiting meaningful interaction among students.
- Uniform treatment is not always equitable: Applying identical teaching methods to children with different learning needs and circumstances may deepen disadvantage rather than address it.
- Individualising structural problems: When struggling students are labelled as weak or deficient, schools risk overlooking the institutional and social barriers affecting their participation.
- A broader understanding of inclusion: Inclusion requires more than enrolment. It involves equal participation, recognition of diverse experiences and a sense of belonging within the school community.
Making Schools Responsible for Inclusion
- Institutional responsibility: Section 12(1)(c) cannot be implemented meaningfully if responsibility for inclusion rests solely on individual teachers. School leadership and institutional practices must actively support it.
- Teacher preparedness: Teachers need appropriate training to recognise diverse learning needs, avoid deficit-based assumptions and facilitate equitable classroom participation.
- Collaborative learning: Peer interaction, classroom discussions and opportunities for students to share their experiences can help build connections across socioeconomic backgrounds.
- Support beyond the classroom: Schools, parents and governments must work together to identify barriers, provide necessary resources and monitor whether children are benefiting from their education.
- Outcome-based monitoring: Admission figures alone cannot establish success. Assessment must also consider participation, social integration and students’ overall educational experiences.
4 . What Are the Powers of Special Executive Magistrates?
Special Executive Magistrates (SEMs) are executive authorities appointed to prevent breaches of peace and maintain public order. Their powers are primarily preventive and administrative, rather than judicial. Their role, appointment and powers are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Appointment and Role of SEMs
- Appointment: Under Section 15 of the BNSS, 2023, the State Government may appoint Executive Magistrates or police officers not below the rank of Superintendent of Police (or equivalent) as Special Executive Magistrates for specified areas or functions and confer on them such powers under the Sanhita as it considers appropriate.
- Purpose: SEMs address situations involving a likelihood of breaches of peace, public disorder or disturbances of public tranquillity.
- Preventive function: Their role is to intervene before a potential disturbance escalates, rather than adjudicate criminal guilt after an offence.
- Powers depend on the situation: An SEM may exercise preventive powers, including requiring security for keeping the peace or good behaviour, only where the relevant powers have been conferred and the statutory conditions are satisfied.
Key Powers of Special Executive Magistrates
- Security for keeping the peace: Under Section 126 of the BNSS, an Executive Magistrate may require a person likely to cause a breach of peace or disturb public tranquillity to show cause why they should not execute a bond for keeping the peace.
- Security for good behaviour: Under Section 128, an Executive Magistrate may require certain persons to show cause why they should not execute a bond for good behaviour, subject to the statutory conditions.
- Urgent preventive orders: Under Section 163, an Executive Magistrate empowered by law may issue written orders in urgent cases of nuisance or apprehended danger where immediate prevention or speedy remedy is desirable.
- Preventive proceedings: SEMs may initiate proceedings to address a credible likelihood of disturbance, including requiring security where the statutory conditions are met.
- Restrictions on scope: These powers are intended to prevent breaches of peace and protect public order; they do not confer general authority to determine criminal guilt or impose criminal sentences.
SEMs versus Judicial Magistrates
- Nature of authority: SEMs exercise executive and preventive powers, whereas Judicial Magistrates perform judicial functions under criminal procedure.
- Criminal trials: SEMs cannot conduct criminal trials or convict and sentence accused persons as Judicial Magistrates do.
- Custody and detention: Any power concerning custody or detention must arise from a specific legal provision and comply with its requirements; SEMs do not possess unrestricted authority to order detention.
- Legal safeguards: Preventive action must comply with the applicable statute and procedural requirements. Orders may be challenged before the appropriate court, and judicial review is available where legally warranted.
5 . From Climate Targets to Energy Justice
The global shift towards electrification has largely been driven by climate concerns. However, climate policy must move beyond aggregate emissions and global temperature targets to address unequal energy use, consumption patterns and national well-being. Emerging economies consume considerably less energy than Western countries to achieve comparable levels of well-being. The central argument is to reframe climate change as a collection of national crises arising from unequal energy use, rather than treating it exclusively as a global crisis driven by emissions.
The Limits of Global Climate Consensus
- Limits of global agreements: Climate negotiations have established common targets, but consensus-based frameworks may overlook differences in national energy requirements, development priorities and ecological constraints.
- Epistemic communities: Academic experts and scientific institutions have helped establish the knowledge base for climate policy. However, the technical complexity of climate change has also strengthened the role of international organisations in defining policies and implementation frameworks.
- Global values and global goods: International climate frameworks are shaped by assumptions about shared global interests. Yet the distribution of energy consumption and the developmental benefits of energy remain unequal.
- 35 years of climate negotiations: The experience of successive negotiations highlights the limitations of relying on consensus alone when countries have different priorities and capacities.
- Technology transfer as a “means of implementation”: Technology transfer has been treated as a way to operationalise climate commitments. However, technological solutions cannot independently resolve conflicts between ecological limits, industrial development and unequal access to energy resources.
- Production to consumption patterns: A production-centred focus on emissions can obscure disparities in consumption. Climate policy must examine how energy is used and how it contributes to national well-being.
Energy Transition: Lessons from the U.S., China and India
- United States — competing priorities: The U.S. approach described in the clipping emphasises energy efficiency, renewable energy, prosperity, consumer choice and fiscal restraint. The U.S. Executive Order of January 20, 2025, is discussed in the context of changing climate-policy priorities.
- China — industrialisation and renewable energy: China has emerged as a major global manufacturing power while expanding renewable energy. Its experience illustrates the relationship between industrial development, electricity demand and changes in the energy mix.
- Energy stabilisation versus emission reduction: China’s nationally driven approach highlights the importance of energy stabilisation rather than treating emission reduction as the sole measure of progress. The transition must account for energy demand and the sources used to meet it.
- India’s development challenge: India must reconcile rising energy demand, industrialisation and improved living standards with the transition towards cleaner energy sources.
- Renewables and system transformation: Solar and wind power are becoming increasingly competitive with conventional sources. However, their intermittent and decentralised nature requires a strategic redesign of the energy system, rather than simply replacing fossil fuels with renewables.
- Technology and national capacity: Technology transfer alone is insufficient. National institutions, policy choices and implementation capacity determine how effectively renewable energy can be integrated into existing energy systems.
Towards Energy Justice and Nationally Grounded Climate Action
- Energy justice: Climate policy must recognise that countries differ in energy consumption and in the resources required to achieve comparable levels of well-being.
- National crises rather than a global crisis: Climate change manifests through different national challenges, shaped by energy use, development needs, ecological limits and exposure to climate risks.
- Extreme-weather risks: The increasing intensity and frequency of extreme weather events affect lives, livelihoods and insurance coverage. These risks reinforce the need for climate action that considers national circumstances and social consequences.
- Climate finance: Developing countries need climate finance that reflects their circumstances and enables them to pursue cleaner development pathways without compromising essential energy needs.
- Regional cooperation and early warning: Climate action should include regional cooperation, improved early-warning systems and practical measures to reduce the consequences of extreme-weather events.
- Reframing progress: Climate policy must assess progress not only through emission reductions but also through energy stabilisation, affordability, prosperity and the equitable distribution of developmental benefits.
The Indian Express Gist - 27th October, 2026
1 . Census Duty: Government’s Powers and Private Citizens’ Rights
An amendment to the Census Rules, 1990, has brought renewed attention to the government’s authority to appoint individuals for census work. Although census enumeration requires a large workforce, the expression “any person” raises questions about the extent of compulsory service, particularly when deployment affects private-sector employees and their professional responsibilities.
Legal Framework: Government’s Powers and Their Limits
- Amended Rule 3: The rules recognise the appointment of teachers from government, local-authority, aided and unaided private educational institutions as census enumerators. The broader expression “any person” does not, by itself, settle whether every private citizen can be compelled to serve.
- Section 4(2), Census Act, 1948: Empowers the State Government to appoint census officers to take, assist in taking or supervise the census. Persons appointed under the provision are bound to perform the assigned duties.
- Section 4A: Allows the Central Government to direct local authorities to make available suitable staff required for census operations.
- Sections 6 and 7: Address assistance from establishments and the counting of persons connected with them. A key legal distinction is whether these provisions authorise the requisitioning of employees for door-to-door enumeration, rather than merely facilitating the census within an establishment.
- Scale of operations: Despite digitisation, census work remains manpower-intensive, with approximately 31 lakh enumerators and supervisors cited in the clipping. Personnel are drawn mainly from schoolteachers and government and local-body officials.
- Core distinction: The authority to appoint census officers must be distinguished from the statutory power to compel service. The applicable provision, the nature of the assignment and the circumstances of the individual matter.
Judicial Interpretation: Teachers and Private-Sector Employees
- Bombay High Court: In May, the court granted interim protection to associations representing private unaided and minority schools in Maharashtra. It observed that Sections 6 and 7 did not, in its preliminary view, authorise compulsory requisitioning of their teaching and non-teaching staff.
- Manisha Jain case (May 2010): A teacher at an unaided school in Chandigarh challenged her appointment as a census enumerator before the Punjab and Haryana High Court. The court questioned the requirement that a private teacher undertake census work after normal working hours.
- Punjab and Haryana High Court (2011): The court initially protected private-school teachers against coercive action for refusing census duty. Following the Centre’s submissions, the arrangement was modified to permit deployment subject to safeguards.
- Safeguards for teachers: Census work was not to disrupt school hours; teachers handling Classes 10 and 12 were exempted, and school managements could determine which teachers could be spared without affecting academic work.
- Subsequent proceedings (2018): The Punjab and Haryana High Court stayed further orders compelling teachers or employees of the petitioner schools to undertake census duties and sought details from the Haryana government.
- LIC employees: The Punjab and Haryana High Court quashed an order requiring the LIC’s Jalandhar office to provide at least 150 employees as enumerators and supervisors. It held that Section 7 did not authorise the requisitioning of employees for this purpose, while leaving the government free to invoke Section 4(2) wherever applicable.
- Gujarat High Court (2019): A Division Bench similarly ruled against requisitioning LIC employees. The decision is under challenge before the Supreme Court.
Constitutional Position: Compulsory Service and Individual Rights
- Article 23(1): Prohibits begar and other forms of forced labour & Article 23(2): Permits compulsory service for public purposes, provided the State does not discriminate solely on grounds of religion, race, caste or class.
- Police Act, 1861: The provision allowing residents to be appointed as special police officers in specified circumstances illustrates how compulsory public service can be authorised by statute.
- National Service Act, 1972: Provides another example of a statutory framework for compulsory service, including provisions concerning registration, notice, postponement on hardship grounds, remuneration and employers’ obligations.
- Safeguards and proportionality: The comparison highlights the importance of clearly defined legal authority and safeguards when individuals are required to perform public duties.
- Central legal question: Census enumeration serves an important public purpose, but the government’s authority must remain within the law. The phrase “any person” cannot automatically be interpreted as an unrestricted power to compel every private professional or employee, irrespective of existing obligations.
2. ‘Godzilla’ El Nino Effects to Be Felt Next Year Too: Decoding WMO Warning for India
The World Meteorological Organization (WMO) warns that El Nino may potentially affecting India’s southwest monsoon and extending its impacts into 2027. The phenomenon involves abnormal warming of the central and eastern equatorial Pacific Ocean, influencing global atmospheric circulation and rainfall patterns.
El Niño: Development and Forecast Indicators
- El Nino–Southern Oscillation (ENSO): ENSO comprises three phases—El Nino (warming), La Nina (cooling) and ENSO-neutral conditions.
- Oceanic Nino Index (ONI): Measures sea-surface temperature anomalies in the central equatorial Pacific. A sustained anomaly of at least +0.5°C is commonly used to identify El Niño conditions.
- Southern Oscillation Index (SOI): Tracks atmospheric pressure differences associated with ENSO and helps assess its development.
- Forecast uncertainty: El Nino typically emerges after changes in Pacific Ocean temperatures and atmospheric circulation. Its intensity and regional consequences depend on how the event develops.
Expected Global and Regional Effects
- Temperature anomalies: El Nino can raise temperatures across several regions, increasing the likelihood of heat stress and extreme-weather events.
- Rainfall redistribution: Its effects vary geographically, potentially bringing drought to some regions and excessive rainfall to others.
- Regional impacts: The clipping identifies risks across parts of the Americas, southern Europe, the Arabian Peninsula, the Indian subcontinent, East Asia and Southeast Asia.
- Food and water security: Changes in rainfall and temperature can affect agricultural output, water availability and demand for fertilisers and fuel.
Implications for India
- Southwest monsoon: India receives around 70% of its annual rainfall during the southwest monsoon. El Nino can weaken monsoon circulation and increase the risk of below-normal rainfall, although a deficient monsoon is not inevitable.
- Agricultural vulnerability: Rainfall deficits could affect crop production, rural incomes and food prices, particularly in rain-fed agricultural regions.
- Water stress: Reduced precipitation and higher temperatures could intensify pressure on irrigation, reservoirs and drinking-water supplies.
- Economic consequences: Agricultural losses and resource shortages may increase food and input prices, placing additional pressure on households and the wider economy.
- Preparedness: Monitoring WMO forecasts, managing water resources and preparing for possible rainfall deficits are important for reducing vulnerability.
