Presidential Reference to Supreme Court

Why in News?

Recently, a five-judge Bench of the Supreme Court on November 20, 2025 answered the 16th Presidential Reference under Article 143.

What is presidential reference to the Supreme Court?

• Article 143 – It empowers the President of India to seek the SC’s advisory opinion on any question of law or fact that is of public importance and is likely to arise or has already arisen.
• This provision establishes the SC’s advisory jurisdiction, which is exclusive to the President.
• Article 143 (1) – The President may refer any question of law or fact of public importance which has arisen or which is likely to arise.
• Here, the Supreme Court may tender or may refuse to tender its opinion to the president.
  • For example, the Supreme Court has declined to provide its opinion in 1993 with respect to the Ram Janmabhoomi case.
• Article 143(2) – It allows the President to refer disputes arising from out of any pre-constitution treaty, agreement, covenant, or other similar instruments.
• The SC must tender its opinion to the President.
• Nature of the Advise – In both the cases, the opinion expressed by the SC is only advisory and not a judicial pronouncement.
• It is not binding on the president and He/she may follow or may not follow the opinion.
• Article 145 (3) – It requires such references to be heard by a bench of at least five judges.
• Historical Context – Advisory jurisdiction under Article 143 is derived from the Government of India Act, 1935, which allowed the Governor-General to refer legal questions to the federal court.
• International practices – The Canadian Constitution allows its SC to provide legal opinions.
• The US SC refrains from giving advisory opinions to uphold a strict separation of powers.
• Past Instances of Such References – There have been about 15 Presidential references to the Supreme Court under Article 143.

What is the recent presidential reference related to?

• Presidential reference – The Reference was made under Article 143 of the Constitution after President Droupadi Murmu submitted 14 questions following the Court’s April 2025 judgment.
• April 2025 judgement – The ruling, delivered in a case brought by the Tamil Nadu government, held that Governor R.N. Ravi’s delay in assenting to ten re-passed State Bills was illegal.
• In this judgment, the apex court, for the first time, imposed judicially enforceable timelines on both Governors and the President.
• The Reference seek clarity on whether courts can direct constitutional authorities on how and when to act.

What was the observations and advices of the Supreme Court?

• Not bound by timeline – The five-judge Constitution bench of the Supreme Court on clarified that governors and President are not bound by judicially prescribed timelines in the discharge of functions.
• Imposing timelines on the President and Governors to deal with all Bills pending with them for assent through judicial orders would be akin to taking a “one-size-fits-all” approach.
• Especially in the absence of any constitutionally prescribed schedule or manner of exercise of powers by Governors or the President under Articles 200 and 201.
• Nature of bills – The court rationalised that some Bills may deal with complex issues and require longer consideration.
• At the expiry of this one-size-fits-all timeline, it creates a right for judicial redressal, prima facie rendering the act of the Governor or President suspect upon the expiry of such timeline.
• President’s discretion – The Reference Bench said the President need not consult the Supreme Court on every State Bill referred to her by Governors for consideration.
• It would be left to the discretion of the President to take the advice of the Supreme Court under Article 143.
• Limitations of the courts – The Bench clarified that the courts had no power to review the merits of Bills.
• It is impermissible for the courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it becomes law.
• The people’s will expressed through the legislative branch is only definitive and conclusive upon receiving the assent of the Governor or the President, as the case may be.
• Against spirit of the constitution – The usurpation of the gubernatorial function of the Governor, and similarly of the President’s functions, is antithetical not only to the spirit of the Constitution, but also specifically, the doctrine of separation of powers – which is a part of the basic structure of the Constitution.
• Inaction by President/ Governors – The court clarified that the President and Governors cannot resort to prolonged and evasive inaction, by sitting endlessly on State Bills awaiting their approval.
• This would amount to a deliberate attempt to thwart the people’s will expressed through the proposed welfare laws passed by State legislatures.
• Scope of Article 200 – It clarified that a Governor has actually three options before him under Article 200:
  • To grant assent to the Bill,
  • Reserve it for the consideration of the President, or
  • Withhold assent and return the Bill to the State legislature with comments if it is not a Money Bill.
• A Governor cannot stall a Bill without returning it to the State Assembly along with his reasons for doing so.
• Undermining federalism – It would be against the principle of federalism and a derogation of the powers of the State legislatures to permit the Governor to withhold a Bill without following the dialogic process.
• Dialogic process is a part of the system of checks and balances and federal system that our Constitution envisages.
• Governor’s discretion – The court opined that a Governor was not bound by the aid and advice of the Council of Ministers while exercising his function under Article 200.
• He had discretion to choose any of the 3 options –
  • To give assent for a bill or,
  • Reserve a Bill for the consideration of the President or
  • Withhold assent or return the proposed law to the State legislature with comments.
• Chances for issuing mandamus – In glaring circumstances of inaction that is prolonged, unexplained, and indefinite, the Court can issue a limited mandamus for the Governor to discharge his function within a reasonable time period.
• Immunity to Governor – The restricted review of the Governor’s inaction would not entail subjecting him personally to judicial proceedings.
• The Governor enjoyed absolute personal immunity from court proceedings under Article 361 of the Constitution.

What are reasons mentioned by the court for answering the presidential reference?

• Constitutional duty – Endowed with the institutional capacity and the constitutional duty to answer references that will ensure that the Constitution is nurtured and worked for the benefit of the people.
• Constitutional dialogue – The exercise of this advisory function is a constitutional dialogue between the Executive and the Judiciary.
• Ensuring smooth function – An authoritative opinion mandated since the law on the functions of Governor and President under Article 200 and Article 201, cannot be left in a state of confusion, as it would impede smooth functioning of the Constitution.
• President’s satisfaction – There exists substantial satisfaction of President, that these are questions of law that have arisen, or are likely to arise, which are of public importance, which necessitate that an opinion be sought from this court.
• Institutional responsibility – It is an institutional responsibility, to tender its opinion on this functional reference sought by the highest constitutional functionary of the country.
• Responsibility of the court – The court cannot shirk away from its responsibility to iron out constitutional creases, to authoritatively clarify the roles of constitutional institutions, when doubts as to their roles and powers are raised.
• Duty of the court – This court is empowered, and entrusted under Article 143, with the duty to answer such questions in service of the Constitution, and the people that have so adopted it.
• Integrity – Judicial propriety, and institutional integrity requires that this Court answer the questions referred to it in the present proceedings.
•  A big jump in logic — There is no reasonable connection between not disclosing the judgment and assuming bad intention.
• Such an accusation is not appropriate for the Court to even consider, especially because it is made against the President, who is the highest constitutional authority
• Irrelevance of the questions – Earlier, someone could challenge (object to) a reference made to the Supreme Court by saying it was done with bad intention (malafide).
• But now, after the Supreme Court’s decision in the Natural Resources Allocation case, such a challenge is no longer allowed.
• Therefore, questioning the honesty or intention behind making the reference is not relevant or permitted anymore.

References

1. The Hindu| Presidential reference

2. The Indian Express| SC answers Presidential reference

Western Ghats – Natural Site of Significant Concern

Why in News?

Recently, serious concerns were raised over India’s ecologically vital landscapes, including the Western Ghats, in the World Heritage Outlook 4 (2025) report released by (IUCN).

What is the report?

• Report – World heritage outlook
• Published by – IUCN (International union for conservation of nature).
• Categories – The report categorises the natural sites as “
  • Good
  • Good with some concerns
  • Significant concern
  • Critical.
• Recent Assessment – The report, which assesses 271 natural and mixed World Heritage sites, categorises the Western Ghats and two national parks in India – Assam’s Manas national park and West Bengal’s Sundarbans national park – as being of “significant concern”.

What are world heritage sites?

• Recognition – The 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage is the primary instrument that provides for the designation and conservation of World Heritage Sites.
• The convention was adopted by UNESCO and formally came into effect in 1975 after 20 countries ratified it.
• 3 categories – The document classifies the World Heritage sites into three categories
  • Natural heritage sites,
  • Cultural heritage sites, and
  • Mixed sites.
• The UNESCO World Heritage Committee is the primary body that is responsible for administering the convention.
• Selection process – The selection of world heritage sites follows a well-defined and rigorous process, and is guided by scientific evaluation by IUCN (for natural sites) and International Council on Monuments and Sites (ICOMOS) (for cultural sites).
• Final decision – The final decision is made by the World Heritage Committee, which is composed of representatives from member countries.
• Criteria – To be designated as a World Heritage site, a site must possess ‘Outstanding Universal Value’ and meet at least one of the selection criteria provided under the operational guidelines of the Convention.
• As the convention set out the duties of state parties, the designation requires stronger legal and physical protection of the sites.
• World data – There are a total of 1,248 World Heritage Sites in the world.
• Indian data – 44 of World heritage site located in India (including 36 cultural, 7 natural, 1 mixed).
• The Western Ghats is one of the natural sites in India, which was designated a UNESCO World Heritage Site in 2012.
• As of September 2025, a total of 69 sites from India are under consideration by UNESCO, comprising 49 cultural, 17 natural, and 3 mixed heritage properties.
• World heritage sites are sites of ‘Outstanding Universal Value’ to humanity.

What is the Western Ghats?

• The Western Ghats – It is also known as the Shayadari hills, hold immense ecological and biodiversity value, making them one of the most critical natural assets of India and the World.
• States covered - It stretches along the western coast of the Indian peninsula, spanning six states – Gujarat, Maharashtra, Goa, Karnataka, Kerala, and Tamil Nadu.
• Significance – The region has outstanding universal value due to its exceptional biodiversity, endemism, and its role in maintaining vital ecological and climatic processes.
  • Ecologically, the Western Ghats serve as a crucial climatic regulator for peninsular India.
  • Acting as a barrier to the South-West monsoon, the range ensures high supporting lush forests and numerous rivers that sustain millions of people.
  • They also hold immense genetic resources, including wild relatives of many economically important crops and spices such as pepper, cardamom, and cinnamon.
  • The Ghats are also home to diverse ecosystems, including tropical evergreen forests, grasslands, Myristica swamps, and the distinctive shola forest.
  • These ecosystems harbour a wide variety of flora and fauna, many of which are endemic.
  • Western Ghats are the habitat for several threatened species, such as lion-tailed macaque, Nilgiri Tahr, and tiger.
  • Around 325 species in the region are listed as threatened in the IUCN Red List, out of which 129 are classified as Vulnerable, 145 as Endangered, and 51 as Critically Endangered.
  • Thus, the Western Ghats hold significance not only for India but for the entire world, serving as a global biodiversity treasure.

Western Ghats are among the four of the world’s 36 biodiversity hotspots located in India.

The other three biodiversity hotspots are the Himalayas, the Indo-Burma region, and the Sundaland.

What are the major threats highlighted in the report?

• Climate change – It is red-flagged as the most prevalent threat to natural heritage sites in Asia. Climate impacts such as rising temperatures, changing rainfall patterns, and melting glaciers are accelerating biodiversity loss and altering ecosystems.
• Tourism-related activities – These continue to be the second biggest threat. Unregulated tourism increases waste generation, disturbs wildlife, and puts pressure on natural resources, particularly in ecologically sensitive regions.
• Invasive species – The report also highlights the growing problem of invasive alien species as the third most significant threat.
• These species disrupt native ecosystems, reduce biodiversity and affect the regeneration capacity of forests.
• Infrastructure development – For the first time the activities such as road and railway expansion, has been listed among the threats.
• Other threats – Additionally, anthropogenic pressures, such as encroachment, logging, waste disposal, and agricultural expansion, continue to degrade habitats even within protected areas.
• Overall, the report reflects a concerning trend: localised human threats are now compounded by large-scale systematic pressures, especially climate change and infrastructure development, which collectively endanger the ecological integrity of Asia’s most valuable natural sites, including the Western Ghats.

What are the efforts by the Indian government to protect the Western Ghats?

• Policy frameworks – At the policy level, the National Forest Policy, 1988, the National Environment Policy, 2006, and the National Wildlife Action Plan guide forest conservation, biodiversity protection, and sustainable development.
• Legal measures – On the legal front, the government has enacted the Wildlife Protection Act, under which many parts of the Western Ghats have been declared as protected areas, such as National Parks, Wildlife Sanctuaries, Conservation Reserves, Tiger reserves, etc.
• These legal safeguards help minimise anthropogenic activities to protect wildlife and plant species.
• To protect the forests and to curb deforestation, the Indian Forest Act of 1927, and Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, have been enacted.
• These laws prohibit the conversion of forest land into non-forest land without the permission of the central government.
• Committees – Moreover, to assess the negative impact of anthropogenic activities in the Western Ghats, the Ministry of Environment, Forests, and Climate Change (MoEFCC) formed two expert panels – the Madhav Gadgil committee and the Kasturirangan committee.
• Based on their reports, a draft notification was issued in 2024 under the Environment Protection Act, 1986, to declare an area of around 56,000 sq. km spread across six states of Gujarat, Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu as ecologically sensitive area (ESA).
• Institutional measures – The ESA is buffer areas demarcated around protected areas to minimise the negative impact of anthropogenic activities such as mining, hydropower projects, etc.
• However, the draft notification was opposed due to its potential negative impact on local livelihoods and development. It has not been implemented.

What lies ahead?

• The Outlook 4 offers a timely reminder that the Western Ghats are under increasing threat and require urgent and coordinated action. Despite the enactment of laws and policy, weak implementation remains the main concern.
• Also, the increasing anthropogenic pressure needs to be controlled. For this, the timely implementation of the draft ESA notification would be a decisive step.
• However, it must be based on participatory decision-making by the government and the local bodies to balance conservation and community livelihoods.
• Such an approach would harmonize environmental protection with responsible economic activities.
• In addition to this, integrating scientific monitoring, climate adaptation strategies, and community-led conservation would strengthen resilience against climate change and habitat degradation.
• Protecting the Western Ghats is not merely an environmental priority but a national necessity, vital for the environment, biodiversity and climate stability.

Reference

The Indian Express| Western Ghats

Dark Patterns

Prelims: Current events of national and international importance | Economy

Why in News?

The Central Consumer Protection Authority (CCPA) said that 26 digital storefronts had declared, that they had eliminated so-called “dark patterns” from their sites.

• Dark Patterns – Dark patterns are tricks used to manipulate users into taking actions they didn't intend to, such as making unintended purchases or signing up for unwanted services.
• It includes adding extra items to a consumer's cart without their knowledge, creating a false sense of urgency by claiming limited stock availability, etc.
• 1^st coined by – The term dark patterns was coined by Harry Brignull in 2010.
• Highly violated sectors – Mainly includes fashion, personal care, ecommerce, food and beverages, and finance.
• Legal provisions - Regulated Under the Consumer Protection Act, 2019 as ‘unfair trade practices.
• Consumer Protection (E-commerce) Rules, 2020 – Define responsibilities of e-commerce entities, liability of marketplaces, and grievance redressal mechanisms.
• Guidelines on Misleading Advertisements (2022) – Ensure ads are non-misleading, regulate bait/free claim ads, and assign duties to advertisers.
• BIS Standards on Online Consumer Reviews (2022) – Voluntary framework to prevent fake/deceptive reviews, emphasizing integrity, accuracy, transparency, and responsiveness.
• 13 patterns – The CCPA listed 13 specified dark patterns identified in e-Commerce sector.

• Impact on Consumers – Directly harm users by causing financial losses, privacy breaches, and buyer's remorse, undermining their digital experience.

To know more about dark patterns click here.

References

1. The Hindu| E-commerce firms compliance with dark pattern guidelines
2. Indian Express | Dark pattern

Indian Pond Heron

Why in news?

Citizen-science data from Visakhapatnam suggests that pond herons & cattle egrets may be undertaking regular seasonal journeys along the East coast, reviving a 30-year-old mystery from Chennai.

• It is a small heron that is common in most aquatic habitats, also known as Indian pond heron or paddy bird.
• Scientific name – Ardeola grayii.
• Family – Ardeidae (Herons, egrets, and bitterns).
• Habitat – Common in wetlands, ponds, paddy fields, and even near human settlements.
• Distribution – It is found widely across the Indian subcontinent, Sri Lanka, Burma, and southern Iran.
• Appearance – They appear stocky with a short neck, short thick bill and buff-brown back.
  • Non-breeding plumage – Streaked olive-brown, blending with surroundings.
  • Breeding plumage – Reddish-brown back, buff-brown body, sometimes red legs.
  • In flight – Distinctive white wings, underparts, and tail contrasting with darker body.
  • Excellent camouflage leads to folk beliefs of being “semi-blind” or “short-sighted.

• Behavior - Semi-colonial breeders; nests built in trees/shrubs, often with other wading birds.
• Diet – The primary food includes crustaceans (like Shellfishes), aquatic insects, fishes, tadpoles, leeches, also feeds on insects in grasslands and garbage heaps.
• Conservation Status
  • IUCN Red List – Least Concern.
  • Wild Life (Protection) Act, 1972 - Schedule IV.

References

1. The Hindu | Scientists track pond herons mysterious night flights
2. Thai National Park | Indian Pond Heron

Battle of Rezang La

Why in news?

The Punjab and Haryana High Court recently disposed of a Public Interest Litigation (PIL) that sought to block the certification and release of ‘120 Bahadur’, an upcoming Bollywood war drama.

• Battle of Rezang La – It was fought on November 18, 1962, during the Sino-Indian War, 1962.
  • Fought between Indian and Chinese troops on the south-eastern ridge of the Chushul Valley of Eastern Ladakh.
• Major Shaitan Singh led the 13 Kumaon Regiment’s Ahir company.
  • Singh was posthumously awarded the Param Vir Chakra, India’s highest wartime gallantry award.
• Despite being heavily outnumbered, Indian soldiers fought valiantly, inflicting massive casualties on the Chinese.
• The battle is remembered as a symbol of courage, sacrifice, and patriotism.
• A war memorial was built at Rezang La in 1963 to honor the 114 soldiers who died.
• Significance of Rezang La – Its defence is crucial to safeguard the Chushul air base and Ladakh’s security, as Chinese control here would open a direct route to Leh.
  • Rezang La – A mountain pass located at 16,000 feet, on the Line of Actual Control between Ladakh and the China’s Spanggur Lake basin.

Other Important Mountain Passes -

Reference

Indian Express | ‘120 Bahadur’ brings Battle of Rezang La into focus

SC struck down provisions of Tribunals Reforms Act, 2021

Why in news?

The Supreme Court has struck down several provisions of the Tribunals Reforms Act, 2021 related to the appointment, tenure, and service conditions of members of various tribunals.

• Case Context – The Tribunals Reforms Act, 2021 sought to restructure tribunals, fix tenure of members, and alter appointment processes.
• SC’s Concern – The provisions curtailed judicial independence by giving the executive excessive control over appointments and tenure.
• Legislative Override – The judgment stated the Act merely tried to “repackage” provisions from the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, already been struck down as unconstitutional earlier.
• Struck Down Provisions –
  • Tenure of Tribunal Members – The Act fixed the tenure to 4 years, with age limits for chairpersons (70) and members (67).
    • The SC ruled that members must serve at least 5 years, the longer tenure ensures stability, independence and shield from executive influence.
  • Age Limits – The Act mandated that no person below 50 years could be appointed as a tribunal chairperson or member, undermining experienced candidates and violated Article 14 of Constitution.
  • Executive Dominance – The Act made the Search-cum-Selection Committee (SCSC) to send two names for each vacancy, giving the executive the final say, which weakened judicial independence in appointments.
    • Earlier, the Court had ordered the SCSC to send only one name per post, ensuring that judicial wisdom, not executive preference, determined appointments.
• National Tribunal Commission (NTC) – The Court directed the Union Government to set up a permanent, independent body to oversee appointments, tenure, and functioning of tribunals.

To known about NTC, Click here

To know about Tribunals, click here

• Constitutional Principles Invoked – The Court emphasized that tribunals are an extension of the judiciary, and executive dominance violates the basic structure doctrine—particularly the principles of separation of powers and judicial independence.

References

1. Indian Express | SC strikes down provisions of Tribunals Reforms Act
2. The Hindu | SC strikes down provisions of Tribunal Reforms Act

Annual Summit of Organization of Pharmaceutical Producers of India (OPPI)

Why in News?

The 60^th Annual Summit of the OPPI was held in New Delhi in November 2025, celebrated 6 decades of OPPI’s role in advancing India’s pharmaceutical sector.

• It emphasized collaboration between government and industry, science and technology, and policy and practice in driving innovation, expanding access, and strengthening quality healthcare.
• Theme – ‘Power of Partnerships’.
• It reflected India’s governance ethos of Sabka Saath, Sabka Vikas, Sabka Vishwas, Sabka Prayas.
• Key highlights –
  • India’s role as a global supplier of medicines to more than 200 countries, meeting major demand in the US and UK, and fulfilling 60% of global vaccine requirements.
  • Initiatives such as Ayushman Bharat, providing health protection to over 600 million people, and the Jan Aushadhi Kendras that have substantially reduced the cost of essential medicines.
• Future priorities –
  • Reduce dependence on imported APIs,
  • Transition from “Pharmacy of the World” to “Laboratory of the World”.
  • Focus on biosimilars, novel molecules, gene & cell therapies, AI-driven drug discovery, advanced diagnostics.
  • Open-door policy - Encouraging global and domestic players to scale their ambitions “in India, for India and for the world”.
• Publications & Awards –
  • OPPI–EY Parthenon report, Essays on Innovation compilation, Coffee Table Book marking 60 years of OPPI were published.
  • OPPI Awards 2025 was presented to honouring distinguished leaders, scientists, and innovators for their outstanding contributions to India’s pharmaceutical landscape.

Quick Fact

References

1. PIB | 60^th Annual Summit of OPPI
2. OPPI | Organization of Pharmaceutical Producers of India