Content:
- A restoration of sanity to the constitutional system
- Steering the decarbonisation of India’s logistics sector
A restoration of sanity to the constitutional system
Background of the Case
- The Tamil Nadu Governor, R.N. Ravi, withheld 10 Bills without decision for several years.
- After the Bills were re-passed by the Assembly, instead of assenting, the Governor referred them to the President under Article 200.
- This was done only after the State Government approached the Supreme Court.
Relevance : GS 2(Polity ,Constitution ,Governance)
Practice Question : The recent Supreme Court judgment in “The State of Tamil Nadu vs. The Governor of Tamil Nadu & Anr., 2025” has reaffirmed constitutional morality and accountability of constitutional authorities. Discuss the implications of this judgment on federalism, the role of Governors, and legislative supremacy in India. (15 marks, 250 words)
Supreme Court’s Key Rulings (April 8, 2025)
- Held Governor’s action as unconstitutional: Sending the Bills to the President at that stage was not within the mandate of Article 200.
- Struck down President’s action: Withholding of assent by the President was also declared invalid.
- Invoked Article 142: Directed that all the Bills shall be deemed to have been assented to — a historic first in Indian constitutional jurisprudence.
Clarification on Article 200: Key Interpretations
- Assent not discretionary: Governor must act on the aid and advice of the Council of Ministers.
- Withholding of assent ≠ death of the Bill: As reaffirmed in State of Punjab vs. Principal Secretary to the Governor (2023).
- Obligation to send back the Bill: If assent is withheld, Governor must send the Bill back for reconsideration.
- If re-passed, the Governor is bound to give assent.
- Prevents misuse of Article 200 as a veto tool by unelected authorities.
Time Limit for Decision on Assent
- Court-imposed guideline: Decision on assent (by Governor or President) must be taken within 1 to 3 months.
- Justification:
- Prevents “pocket veto” or indefinite delay.
- Ensures the functional federalism of the Constitution.
- Rooted in the legal principle of “reasonable time” when no time limit is explicitly mentioned.
Discretion of the Governor: Ambiguities
- Governor must act on advice: Withholding assent or sending Bills to President requires Council of Ministers’ advice.
- Judicial inconsistency:
- Practical dilemma: How can the Council of Ministers “advise” withholding assent, when they passed the Bill?
- Raises contradictions in logic and challenges in legislative practice.
Judicial Review of Constitutional Authorities
- Landmark pronouncement: Actions under Articles 200 and 201 are subject to judicial review.
- Key quote: “No exercise of power under the Constitution is beyond the pale of judicial review.”
- This acts as a constitutional safeguard against arbitrary inaction.
Criticism & Rebuttals
- Kerala Governor: Called it judicial overreach — claimed only Parliament can amend the Constitution.
- Judiciary’s role clarified:
- Interpretation ≠ amendment.
- Courts have only elaborated the inherent logic and intent of the Constitution.
- On Constitution Bench issue:
- Not a “substantial question of law” under Article 145(3).
- Hence, no necessity for a Constitution Bench.
Implications & Legacy of the Judgment
- Restores balance: Between elected executive and appointed constitutional heads.
- Signals federal respect: Prevents subversion of democracy by deliberate inaction.
- Sets precedent: For pending cases like that of Kerala and potential future misuse by Governors.
- Constitutional reform suggested: Need to amend Articles 200 & 201 to:
- Introduce time-bound procedures.
- Prevent repetition of “Postal Bill”-like incidents at Union level.
- The judgment serves as a constitutional compass — affirming democratic accountability and legislative sovereignty.
Conclusion: A Restoration Indeed
- The ruling has plugged a major constitutional loophole.
- Demonstrates judiciary’s proactive role in reviving the spirit of representative democracy.
- The phrase “restoration of sanity” rightly captures the preventive and corrective spirit of the verdict.
Steering the decarbonisation of India’s logistics sector
Context:
- India’s goal of becoming a Viksit Bharat by 2047 hinges on an inclusive, efficient, and sustainable logistics sector.
- The logistics sector is highly carbon-intensive, contributing significantly to GHG emissions — 13.5% of India’s total, with road transport alone accounting for 88% of these emissions.
- Net-zero carbon target by 2070 requires urgent, systemic decarbonisation across logistics components — transport, warehousing, and supply chains.
Relevance : GS 3(Environment an Ecology)
Practice Question :“India’s logistics sector, being one of the most carbon-intensive globally, must undergo rapid decarbonisation to support the vision of Viksit Bharat.”Discuss the key challenges and opportunities in decarbonising India’s logistics sector. Suggest a roadmap for a sustainable logistics transformation.(Answer in 250 words)
Key Challenges in Logistics Decarbonisation:
Heavy Dependence on Road Transport:
- 90% of passenger and 70% of freight movement is road-based.
- Trucks alone emit 38% of logistics CO₂ emissions (IEA, 2023).
- Road transport is oil-dependent and lacks large-scale electrification.
Underutilised Rail and Waterways:
- Rail freight, although more sustainable, has a lower modal share (~25–30%).
- Inland waterways and coastal shipping are cleaner but underdeveloped, needing policy push and infrastructure investment.
Emissions from Warehousing:
- High energy consumption in warehousing (cooling, lighting, equipment).
- Majority still powered by fossil fuel-based electricity.
Air Transport Emissions:
- Domestic aviation emits ~4% of logistics CO₂.
- Difficult to decarbonise due to reliance on refined fuels and limited alternatives.
Opportunities and Futuristic Solutions:
Modal Shift to Rail and Water:
- Railways: Electrification already underway, a near-zero-emission mode.
- Example: China has 50% modal share in rail; U.S. uses rail as primary bulk freight.
- Waterways: Cheaper and greener; potential to expand through LNG-fueled ships, electric barges, solar-powered boats.
Electrification of Road Freight:
- Pilot project: Electric highways (Delhi-Jaipur corridor) with overhead wires for e-trucks — a scalable, viable model.
- Push for EV trucks, public-private R&D partnerships for batteries and infrastructure.
Sustainable Fuels in Maritime Sector:
- Adoption of ammonia, hydrogen, LNG, biofuels in coastal/inland shipping.
- Align with IMO goal of 50% emissions reduction by 2050.
Greening Warehouses:
- Transition to solar, wind, and geothermal powered warehouses.
- Use of energy-efficient building designs (green buildings, passive cooling).
Policy and Institutional Support:
- Gati Shakti, PM Gati Shakti Master Plan — multimodal connectivity integrating roads, rails, ports, airports.
- National Logistics Policy (2022): Emphasises efficiency + sustainability.
- Viability gap funding, carbon credits, and green logistics certification programs.
Way Forward:
- Scale rail and water-based freight to reduce road dependency.
- Invest in green logistics hubs and clean fuel infrastructure.
- Promote Make in India for EV trucks, rail wagons, and solar tech.
- Strengthen institutional mechanisms: Green Logistics Council, state-level decarbonisation roadmaps.
- Enhance data and digital monitoring of emissions in logistics chains.
