Content:
- A proclamation of democracy in legislative process
- India, rising power demand and the ‘hydrogen factor’
A proclamation of democracy in legislative process
Context: The Supreme Court’s verdict in State of Tamil Nadu vs. Governor of Tamil Nadu marks a significant judicial intervention to uphold legislative supremacy and curb executive delays in the law-making process.
Relevance: GS 2(Polity ,Constitution,Governance,Judiciary)
Practice Question : The recent Supreme Court judgment in “State of Tamil Nadu vs. Governor of Tamil Nadu” is being hailed as a proclamation of democracy in the legislative process. Critically examine the constitutional implications of this verdict with respect to the role of the Governor and President in the law-making process. (250 words)
Key Dimensions of the Analysis:
Background of the Judgment:
- Supreme Court in State of Tamil Nadu vs Governor of Tamil Nadu invoked Article 142 to enforce timelines for assent to Bills by Governor and President.
- It addressed delay tactics and inaction, which effectively stalled the legislative will of the elected State government.
- Marked first instance of declaring “deemed assent” by the President — a constitutional innovation to ensure accountability.
Constitutional Provisions Involved:
- Article 200:
- Lays out Governor’s options: Assent, Withhold, Refer to President, or Return (except Money Bills).
- On re-passage of a returned Bill, Governor is constitutionally bound to give assent.
- Article 201:
- President may give or withhold assent to Bills reserved by Governor.
- Provision for reconsideration and resending a non-Money Bill by President.
Issues Identified by the Court:
- No time limits prescribed → Enabled arbitrary delay or “pocket veto.”
- Lack of requirement for reasoned decisions by constitutional authorities.
- Unfettered discretion misused for political purposes, violating democratic ethos.
- Judicial silence so far allowed misuse to persist — Court finally intervened to remedy constitutional silence.
Role of Judicial Interpretation:
- Interpreted the Constitution organically, not mechanically.
- Affirmed the federal spirit by limiting centralist tendencies.
- Used Article 142 to uphold “complete justice” and democratic accountability.
- Recognized “deemed assent” to uphold legislative supremacy and continuity of governance.
Significance of the Judgment:
- Reasserted Legislative Primacy: Prevents Governors/President from becoming roadblocks to elected governments.
- Judicial Review of President’s/Governor’s Actions: Clarified that these are not above scrutiny in a parliamentary democracy.
- Removed perceived immunity of constitutional heads in legislative process.
- Set precedent for reasoned decision-making in constitutional functions.
Scholarly and Precedential Backing:
- Cited Sarkaria Commission (1988): “Non-conformity with Union policy is not ground to withhold assent.”
- Relied on Shamsher Singh (1974): Governor bound by Cabinet advice.
- Overturned B.K. Pavitra (2019) doctrine of “unfettered discretion” in such constitutional acts.
Judicial Restraint vs Activism Debate:
- Criticism by some (e.g., Kerala Governor) as judicial overreach into executive/legislative domain.
- Author argues Court has only supplemented (not supplanted) constitutional text to plug procedural gaps.
- Interpretation is rooted in constitutional morality and democratic functionality.
Suggestions for Future Adjudication:
- Shorter judgments, quicker delivery for time-sensitive constitutional issues (e.g., Brexit case).
- Streamlining case management: Similar petitions (e.g., Kerala) should be clubbed for consistency and efficiency.
Way Forward:
- Codify timelines for constitutional functions of assent.
- Institutional clarity in procedures involving Centre-State legislative interactions.
- Encourage Governor and President to maintain political neutrality and transparency.
- Build on this judgment to strengthen cooperative federalism and legislative sovereignty.
India, rising power demand and the ‘hydrogen factor’
Introduction & Context
- India aims to achieve a net-zero economy, which entails massive electrification of energy end-use sectors and decarbonization of industrial processes.
- Hydrogen emerges as a critical vector, especially for industries where electrification is not feasible.
- The article emphasizes integrating low-carbon power sources (especially nuclear) with hydrogen production and electricity storage to address India’s future energy demands.
Relevance :GS 3(Science and Technology)
Practice Question: A net-zero future for India demands not just clean energy generation but also deep industrial decarbonization through hydrogen integration.” Discuss the role of nuclear energy and green hydrogen in this context, and suggest policy measures for their synergistic deployment.
Rising Power Demand & Nuclear’s Role
- Electricity demand will rise steeply as India moves toward net–zero and developed nation status by 2047.
- Solar, wind, and hydro alone cannot meet India’s future base load demand; nuclear energy must be a significant part of the energy mix.
- The government aims for 100 GW of nuclear installed capacity by 2047, a sharp increase from current levels (~7 GW).
Nuclear Power Developments in India
- NPCIL is aggressively expanding nuclear capacity, especially with indigenously developed 700 MW PHWRs.
- Key installations:
- 2 reactors operational in Kakrapar, Gujarat
- New reactors being added in Rajasthan, Haryana
- Plans announced to construct 20 more units, totaling 26 reactors of 700 MW each.
- Introduction of Bharat Small Reactors (BSRs): 220 MW PHWRs aimed at captive use by public sector undertakings like Indian Railways.
Need for Low-Carbon Electricity Mix
- India’s future electricity mix will comprise:
- Base-load: Nuclear + Hydro
- Intermittent: Solar + Wind
- Flexing coal plants (ramping them up/down) is currently used to balance renewables — reduces emissions but isn’t sustainable long-term.
- Flexing nuclear plants is technically and economically inefficient due to:
- High capital cost
- Minimal reduction in variable costs when operated below capacity
- Safety and operational challenges
The Hydrogen Factor
- Hydrogen offers a solution: Use surplus electricity (especially from nuclear and renewables) to produce hydrogen via electrolysers.
- Advantages of this approach:
- Avoids flexing high-capital nuclear plants
- Reduces need for battery-based electricity storage
- Supports industrial decarbonization (e.g., steel, ammonia)
- Provides long-duration energy storage in chemical form
Green Hydrogen vs. Low-Carbon Hydrogen
- Current government policy labels hydrogen from renewables as “green”.
- Author suggests shifting taxonomy to “low-carbon hydrogen” to include nuclear-based hydrogen, since:
- Life-cycle emissions of nuclear-based H₂ are comparable to that from renewables.
- Promotes technology neutrality while reducing GHGs.
- Proposed standard: Hydrogen with <2 kg CO₂/kg H₂ should be classified as “low-carbon”.
Synergizing Hydrogen & Electricity Storage
- Presently treated as separate sectors, hydrogen production and electricity storage must be synergized.
- Case studies show combined planning improves:
- Economic viability
- Grid stability
- Resource utilization efficiency
- Electrolysers are flexible and can act as demand sinks during low-demand/high-supply periods, complementing battery storage.
Recommendations
- Policy-level shift from “green” to “low-carbon hydrogen” to include nuclear.
- Synergize hydrogen production and electricity storage in future grid planning and investments.
Key Takeaways
- Hydrogen is not just a fuel, but a strategic enabler in India’s transition to a low-carbon, high-energy economy.
- Nuclear energy, often under-discussed, is positioned to play a central role in ensuring round-the-clock clean electricity and hydrogen generation.
- Integrated planning, including taxonomy change and demand shaping through hydrogen, is essential for a resilient and future-ready energy system.
