Supreme Court’s Ruling On Narco Tests

Why in News?

Recently, The Supreme Court (SC) has held that any forced or involuntary narco test shall be unconstitutional and invalid.

What is the recent the legal intervention of SC?

• Patna HC order – The order that permitted narco test in Amlesh Kumar v. State of Bihar (2025).
• Observation of SC – The apex court is of the view that the Patna High Court’s order was in contravention of the guidelines given in Selvi v. State of Karnataka (2010).

What is a narco test?

• Definition – A narco test is a process of investigation during which it is expected that the accused, undergoing such a test, would express the concealed facts.
• Process – He is sedated by administering a certain class of substances, such as barbiturates, for instance, Sodium Pentothal, to reduce a subject’s inhibitions and reasoning ability.
• It is a non-violent method similar to those called polygraphs or brain mapping.

Why are these tests constitutionally problematic?

• Article 20 – Clause (3) of Article 20 of the Constitution provides for the protection against self-incrimination, meaning that no person accused of any offence shall be compelled to be a witness against himself.
• Intervention of Supreme Court – The apex court, while referring to the Selvi guidelines, has held that without free consent, any such test would be unconstitutional and hence any information obtained therefore shall not be used as evidence.
• It is important to note that all three clauses of Article 20 form the constitutional foundation of India’s criminal justice system.
  • Clause (1) – It deals with ex-post facto laws that declare an act as an offence which, when committed, was not an offence.
  • Clause (2) – It states that no person shall be prosecuted and punished for the same offence more than once, that is, protection against double jeopardy.
  • Clause (3) – It protects an accused from self-incrimination.
• One of the principles of a democratic criminal justice system is the need to balance the rights of the victim with those of the accused.
• Any violation of the right against self-incrimination would be a matter of serious concern in the context of democratic values and principles.
• Article 21 – Similarly, personal liberty under Article 21 is of paramount importance because it incorporates the Right to Privacy.
• Any such test without the express consent of the person (accused) would violate one of the most basic human rights.
• Article 21, together with Articles 19 and 14, constitute the ‘Golden Triangle’ of the Constitution, as explained by the Supreme Court in Maneka Gandhi v. Union of India (1978).
• It means that violation of the Right to Privacy would thereby violate the Right to Life and Personal Liberty, and, finally, the Golden Triangle.

What have courts said about evidentiary value?

• Observation of SC – Manoj Kumar Saini v. State of MP (2023) and Vinobhai v. State of Kerala (2025), the courts held that the results of a narco test do not confirm guilt.
• Although information obtained from the test might contribute to the investigation, it must be corroborated with other evidence.
• Consent – The Supreme Court has held that consent must be informed, recorded before a magistrate, and undertaken with medical, legal, and procedural safeguards.
• Article 21, incorporates the phrase ‘procedure established by law’ which signifies that the procedure provided by law shall be fair.
• All procedural safeguards shall be taken care of before conducting any such non-invasive tests.
• The court has made it clear that a person may volunteer for a narco-analysis test at the stage of defence evidence under Section 253 of BNSS, however, there is no indefeasible right to such testing.

What lies ahead?

• The principle underlying informed consent is individual autonomy, which is associated with the concept of natural justice.
• Enlightenment thinker Immanuel Kant said that an act is ethical only when performed with consent.
• In this context, forced or involuntary testing violates ethical principles as well as core human and natural values.

Reference

The Hindu| Narco Test

Capital Account

Why in news?

India has a structural capital account deficit (CAD) problem in external balance of payments (BOP) transactions.

• BOP (Balance of Payments) – A record of all economic transactions (goods, services, investments, transfers) between a country and the rest of the world over a period.
• 3 components of BOP – Current account, Capital account & Financial account.
  • Current Account – It records trade in goods (visible items) and services (invisible items), includes unilateral transfers like remittances, gifts, and donations.
  • Capital Account – It tracks capital transactions such as purchase/sale of land, property, and fixed assets, includes loans, borrowings, investments, and foreign exchange reserves. It helps to finance deficits in the current account.
  • Financial Account – It records cross-border investments in real estate, business ventures, FDI, and portfolio investments, it shows changes in ownership of assets between domestic and foreign entities.
• Capital Account Deficit (CAD) – A situation where the value of goods, services, and transfers a country imports is greater than what it exports.
• Impact – A persistent CAD can signal a country's reliance on foreign capital, affecting exchange rates and economic stability.
• Role of Capital Inflows – Normally, India finances its CAD through capital inflows -
  • Foreign Portfolio Investment (FPI)
  • Foreign Direct Investment (FDI)
  • External Commercial Borrowings (ECBs)
• When these inflows dry up, the rupee faces pressure because the balance of payments cannot be sustained.
• Current Situation – Foreign capital inflows have sharply declined, especially FPIs, but this is contradictory because India’s GDP growth remains strong, yet investors are pulling back.
• Net Capital Inflows Plunged - Net foreign capital inflows hit a 16-year low of $18 billion in 2024-25, falling below the CAD of $23.1 billion for the same fiscal year.
•  Continued Shortfall - The trend continued in April-September 2025, with only $8.6 billion in net capital inflows against a CAD of $15.1 billion.
• Pressure on Rupee - This imbalance (inflows < CAD) means insufficient dollars are coming in to cover the deficit, creating downward pressure on the rupee.
• Reasons include – Global monetary tightening (higher US interest rates), risk aversion among investors, concerns about India’s external vulnerabilities.

Difference between a Current Account and Capital Account

References

1. Indian Express | Why the rupee has a capital account problem
2. Investopedia | Current vs. Capital Accounts

UNEP’s Champions of the Earth award

Why in news?

Recently, the United Nation Environment Programme’s  Champions of the Earth award for the year 2025 was announced.

• Launched in – 2005
• It is the UN’s highest environmental honor which celebrates leaders from public, private, and civil society sectors.
• Focus – Tackling the triple planetary crisis - climate change, biodiversity loss, and pollution.
• Past honorees include scientists, policymakers, grassroots activists, and entrepreneurs who have reshaped environmental governance.
• 5 categories –
  • Lifetime Achievement
  • Policy Leadership
  • Action and Inspiration
  • Entrepreneurial Vision
  • Science and Innovation

Winners of 2025

Previous Indian Winners includes –

• Madhav Gadgil (2024) – Received the Lifetime Achievement Award for his extensive work in environmental conservation and sustainable development, noted by.
• Narendra Modi (2018) – Awarded the Policy Leadership award by the UN for India's efforts in climate action, notes.
• Jinali Mody (2025) – Recognized as one of the Young Champions of the Earth for her entrepreneurial work in water treatment and circular economy, reports.
• Purnima Devi Barman (2022)- Wildlife biologist, for her work to protect the Greater Adjutant Stork (Hargila) with an all-female conservation group.

References

1. The Hindu | Surpiya Sahu wins UNEP award
2. UNEP | Champions of Earth Award

Subramaniya Bharathiyar

Why in news?

Prime Minister Narendra Modi paid tribute to Mahakavi Subramaniya Bharati on his birth anniversary, recalling his lasting contributions to India’s cultural, literary and national life.

• He was a revolutionary poet, journalist, and social reformer, remains an iconic figure in Indian literature and history.

Early Life

• He was born on 11^th December, 1882 in Ettayapuram, Tirunelveli District, Tamil Nadu.
• His childhood name was Subbiah.
• Gifted with remarkable talent in poetry and debate since childhood, he was conferred the title “Bharathi” after defeating eminent scholars in an educational debate at the Ettayapuram Durbar.

Nationalist Poet

• He was known as Mahakavi Bharathiyar (Great Poet) and Father of Modern Tamil Literature.
• Literary works – Like Kannan Pattu, Nilavum Vanminum Katrum, Panchali Sabatam, and Kuyil Pattu blended patriotism, devotion, and mysticism.
• English collections includes Agni and Other Poems and Translations and Essays and Other Prose Fragments (1937).
• He published Sudesa Geethangal (1908), rallying masses towards independence.

Journalism & Political Activism

• He worked as a translator and later joined the Tamil daily Swadesamitran as sub-editor (1904).
• He founded India (1906), adopting the French Revolution’s slogans: Liberty, Equality, Fraternity.
• He introduced political cartoons in Tamil journalism.
• He exiled to Pondicherry (French territory) in 1908, lived there till 1919, to escape British persecution, where he collaborated with leaders like Aurobindo, Lajpat Rai, V.V.S. Aiyar.
• He was arrested upon re-entry to British India in 1918; continued writing even in prison.

Association with National Leaders

• He engaged with Tilak, Bipin Chandra Pal, V.O. Chidambaram, Subramanya Siva, and others.
• He participated in Benaras (1905) & Surat Session (1907) of the Indian National Congress.
• He met Mahatma Gandhi in 1919 at Rajaji’s home in Madras.

Social Reformer

• He opposed caste system, declared only two castes: men and women, child marriage and dowry.
• He advocated temple entry for Dalits, widow remarriage, women’s rights and caste abolition.
• He practiced inclusivity by sharing meals across communities and attending churches.

Legacy

• Died on 11 September 1921.
• Remembered as a poet, journalist, freedom fighter, and reformer whose vision of a free and egalitarian India continues to inspire.
• International Bharati Festival - An annual event organized by the Vanavil Cultural Centre in Chennai to celebrate his life and ideals.

References

1. DD News | PM Modi pays tribute to Subramania Bharati on his birth anniversary

PIB | Subramaniya Bharathiyar