UPSC Key: Pan-India SIR, Environmental constitutionalism, and EPFO

Preliminary Examination: Current events of national importance, Indian Polity and Governance-Constitution.

Mains Examination: General Studies II: Salient features of the Representation of People’s Act, Constitution of India — features, significant provisions and basic structure.

What’s the ongoing story: The Election Commission (EC) on Wednesday met Chief Electoral Officers (CEOs) to assess preparations for the nationwide Special Intensive Revision (SIR) of electoral rolls, which is likely to begin in phases from early November, starting with the states going to polls in 2026 and a few others, it is learnt.

Key Points to Ponder:

— What is the Special Intensive Revision?

— What is the purpose of conducting the Special Intensive Revision?

— How is it different from the National Register of Citizens (NRC)?

— What is the legal backing for conducting SIR?

— What are the concerns related to SIR?

— Read about the Election Commission of India, its powers and functions.

Key Takeaways:

— The two-day conference opened with the Commission assessing the readiness of CEOs across states and Union Territories for the SIR, the EC said. While the final rollout plan will be announced after the conference, it is learnt that the revision may be carried out in phases, beginning with Assam, Kerala, Puducherry, Tamil Nadu and West Bengal — states headed for polls next year — and a few others.

— However, as first reported by The Indian Express on July 15, officials from Assam have already conveyed to the Commission their inclination to carry out an intensive revision of rolls only after the National Register of Citizens (NRC) is published for the state. Assam is the only state to have already undertaken the exercise of preparing an NRC. So the poll panel, it is learnt, is yet to take a final call on whether Assam will be included in the first phase.

— The Indian Express has also learnt that when the modalities for the nationwide SIR are announced, the cut-off year of presumed eligibility is likely to follow the same principle as in Bihar — the last year of an intensive revision, which was 2003 for Bihar.

— For the upcoming nationwide exercise, however, the EC could allow electors to submit extracts of their names from the electoral roll of any state’s last intensive revision, not just the state where they currently reside. During the Bihar SIR process, electors could submit extracts only from Bihar’s last intensive revision roll.

— Wednesday’s meeting was the second interaction that the Commission has held with CEOs on the SIR in just over a month. At the previous meeting on September 10, the EC had asked the CEOs to trace as many electors as possible to the electoral rolls of the last intensive revision in their respective states, in order to minimise the number of voters who would need to submit documents to establish their eligibility.

— The EC had on June 24 ordered a Special Intensive Revision of electoral rolls across the country, beginning with Bihar where Assembly elections were due. As per the order, all registered electors were required to fill enumeration forms to remain on the rolls, while those enrolled after 2003 (the year of Bihar’s last intensive revision of rolls) had to submit documents proving their date and/ or place of birth. This was meant to establish their eligibility as electors, including their citizenship.

— At the press conference to announce the Bihar Assembly elections on October 6, when asked about the pan-India SIR, the CEC had said: “If you see the June 24 order, the EC has already taken the decision of conducting a pan-India SIR. Work is on. The Commission will hold a meeting to decide the dates for states and UTs.”

— The EC’s decision to conduct the SIR has been challenged in the Supreme Court. The move was a departure from the practice of the past two decades, where the electoral rolls have been revised annually and before polls by making additions and deletions. Prior to computerisation of rolls, the electoral rolls were revised intensively, ie, prepared afresh.

Do You Know:

— Article 324(1) of the Constitution gives the ECI the power of “superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of” elections to Parliament and state legislatures.

— Under Section 21(3) of The Representation of the People Act, 1950, the ECI “may at any time…  direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit”.

— The Registration of Electors’ Rules, 1960, says the revision of rolls can be carried out “either intensively or summarily or partly intensively and partly summarily, as the [ECI] may direct”. In an intensive revision, the electoral roll is prepared afresh; in a summary revision, the roll is amended.

— Special summary revisions take place every year, and the electoral roll is updated before each Lok Sabha and state Assembly election. Intensive revisions have been carried out in 1952-56, 1957, 1961, 1965, 1966, 1983-84, 1987-89, 1992, 1993, 1995, 2002, 2003 and 2004.

Other Important Articles Covering the same topic:

📍With months left for Bihar elections, why Election Commission has asked for electoral rolls to be revised

Previous year UPSC Prelims Question Covering similar theme:

(1) Consider the following statements: (UPSC CSE 2017)

1. The Election Commission of India is a five-member body.

2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 3 only

Previous year UPSC Mains Question Covering similar theme:

To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC CSE 2017)

 

EXPRESS NETWORK

Time for India and Sri Lanka to champion regional environmental constitutionalism, says SC judge

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: India and its neighbourhood- relations

What’s the ongoing story: Supreme Court judge Justice Surya Kant on Wednesday said the time is ripe for judiciaries of India and Sri Lanka “to champion a model of regional environmental constitutionalism.”

Key Points to Ponder:

— What do you understand about environmental constitutionalism?

— What is ecologically stressed?

— What are the India-Sri Lanka Maritime Boundary Agreements?

— What are the maritime disputes between India and Sri Lanka?

— What are the measures taken by both nations to address it?

— “Sustained environmental cooperation also depends on informed citizen engagement.” Elaborate.

— How are BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) and the Indian Ocean Rim Association (IORA) ensuring environmental security?

Key Takeaways:

— Kant stressed on the fact that environmental cooperation between the two nations is not a matter of charity or diplomacy, but also a matter of survival.

— Speaking at the Faculty of Law, Colombo, at the ‘Indo-Sri Lanka Policy Dialogue’ on ‘Advancing Environmental Sustainability and Regional Cooperation’, Justice Kant said the region between the two countries has, in recent times, re-emerged as “a strategic corridor, rich in marine resources but ecologically stressed”.

— He lauded initiatives such as BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) and the Indian Ocean Rim Association (IORA), saying they reflect this “burgeoning recognition that environmental security is integral to regional stability”.

— Justice Kant said despite measures such as the reactivation of the Joint Working Group on Fisheries in 2016, the India-Sri Lanka Maritime Boundary Agreements and the 2022 MoU on Renewable Energy Cooperation, “there is a lack of an integrated transboundary environmental governance mechanism.

— He flagged that “perhaps the solution to filling these gaps lies in judicial and civil-society oversight.”

— Highlighting the role played by the Supreme Courts of India and Sri Lanka in developing environmental rights, he said “both courts have… increasingly drawn on international environmental norms, illustrating a nascent regional environmental constitutionalism.

— “In the absence of robust regional institutions, courts become de facto arenas for transnational accountability. Judicial pronouncements influence executive behaviour, compel environmental reporting, and often drive policy reform,” Justice Kant added.

— These are the steps he had suggested in this regard: “(i) Establishing a Joint Commission on Marine Ecology, empowered to issue ecological advisories; (ii) Creating data-sharing protocols for pollution and fisheries management; (iii) Encouraging judicial workshops under BIMSTEC to develop common interpretive standards for environmental rights.”

Do You Know:

— In 1974, when Indira was Prime Minister, the two governments signed — on June 26 in Colombo and June 28 in New Delhi — an agreement by which the island went to Sri Lanka. This settlement is known as ‘Indo-Sri Lankan Maritime agreement’.

— “Indian fishermen and pilgrims will enjoy access to visit Katchatheevu as hitherto, and will not be required by Sri Lanka to obtain travel documents or visas for these purposes,” the agreement said. The agreement did not specify the fishing rights of Indian fishermen.

— Moreover, as per the agreement, Indian fishermen were still allowed to access Katchatheevu “hitherto”. Unfortunately, the issue of fishing rights was not ironed out by the agreement. Sri Lanka interpreted Indian fishermens’ right to access Katchatheevu to be limited to “rest, drying nets and for visit to the Catholic shrine without visa”.

— Another agreement in 1976, during the period of Emergency in India, barred either country from fishing in the other’s Exclusive Economic Zone (EEZ). Again, Katchatheevu lay right at the edge of the EEZs of either country, retaining a degree of uncertainty with regard to fishing rights.

Other Important Articles Covering the same topic:

📍Knowledge Nugget: India-Sri Lanka ties — Why Katchatheevu Island is important for UPSC

Previous year UPSC Prelims Question Covering similar theme:

(2) Elephant Pass, sometimes seen in the news, is mentioned in the context of the affairs of which one of the following? (UPSC CSE 2009)

(a) Bangladesh

(b) India

(c) Nepal

(d) Sri Lanka

Previous year UPSC Mains Question Covering similar theme:

‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in the light of the preceding statement. (UPSC CSE 2022)

 

EXPLAINED

What EPFO numbers reveal

Syllabus:

Preliminary Examination: Current events of national importance, economic and social development.

Mains Examination: General Studies-II, III: Government Policies and Interventions, Indian Economy.

What’s the ongoing story: As the retirement fund body, Employees’ Provident Fund Organisation (EPFO), moves in the direction of liberalising the withdrawal process, alongside the introduction of a 25 per cent minimum balance requirement, a closer look at the numbers reflects a disconcerting trend — about half the members have less than Rs 20,000 at the time of final settlement.

Key Points to Ponder:

— Read about the EPFO in detail.

— What are the problems associated with premature EPF withdrawals and frequent partial withdrawals?

— What are the recently announced EPFO reforms?

— Read about the Employees’ Pension Scheme, 1995.

— What challenges exist in providing social security for low-income formal workers?

Key Takeaways:

—The high frequency of withdrawals by them during their work tenure, which depletes the balance, is one of the reasons cited by the retirement fund for its latest intervention.

— A starker data point — around 95 per cent of these claims are made immediately in the wake of an unemployment stint cited by members, even as official data shows that nearly half of these members are then seen “rejoining EPFO”.

— It is perhaps also a pointer to the employment profile of a member of the retirement fund body — over 65 per cent of the EPFO members are making PF and pension contributions at a monthly wage equal to or less than Rs 15,000, the wage ceiling for ‘mandatory’ EPF contributions. A ballpark 35 per cent is making EPF contributions ‘voluntarily’ for wages above Rs 15,000, a senior official told The Indian Express.

— Premature final settlements, which are separate from partial withdrawals under categories such as illness, housing or education, are, meanwhile, clocking a high run rate. For instance, of the total 52.95 lakh final settlement claims in 2024-25 — including claims for retirement, retrenchment or migration — around 95 per cent were premature settlements by members just after two months of unemployment, as per the EPFO data reviewed by The Indian Express. Out of this, 46 per cent or 24.21 lakh members were identified to have subsequently rejoined establishments to become EPF members again.

— The trend is the same in value terms, with around 66 per cent of the total amount of final settlement being on account of premature withdrawals claimed by the members for unemployment, as per para 69(2) of the EPF Scheme, 1952 that allows full withdrawal or settlement after unemployment for a continuous period of not less than two months.

— Any kind of break in the form of such premature final settlement results in ineligibility for family pension in case of death and also lower amount of pension at the time of retirement or superannuation if a member dips into the EPS corpus as well apart from the EPF amount. Under the Employees’ Pension Scheme, 1995, a member needs to put in a minimum of 10 years of pensionable service to be eligible for pensionary benefits later.

— The EPFO announced a slew of changes to its withdrawal norms by streamlining the withdrawal categories from 13 to three — essential needs (illness, education, marriage); housing needs; and special circumstances — along with an introduction of a minimum balance of 25 per cent last week.

— Withdrawal limits for education or illness have been made more flexible: partial drawals can now be made 10 times for education during the membership and 5 for marriage, as against the existing limit of 3 partial withdrawals for marriage and education combined. Under illness and ‘special circumstances’ categories, withdrawals will be allowed 3 times and 2 times every financial year.

— The decisions, however, came under fire from several quarters. The Ministry of Labour and Employment had to then step in to clarify that 75 per cent of a member’s amount can be withdrawn immediately after leaving the job, in line with the 75 per cent withdrawal allowed for other three part withdrawal categories, and the full 100 per cent amount can be withdrawn after remaining unemployed for one year. This essentially implies that changes in the minimum period for premature final settlement, only affect 25 per cent of the PF contribution — minimum balance requirement — while 75 per cent can be withdrawn at all times.

Other Important Articles Covering the same topic:

📍Minimum unemployment period for premature PF settlement hiked

 

THE EDITORIAL PAGE

The Pakistan problem

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: India and its neighbourhood- relations

Genral Studies-III: Role of external state and non-state actors in creating challenges to internal security.

What’s the ongoing story: Kanti Bajpai writes:  In dealing with Pakistan, India must understand why our neighbour matters to a range of powers including China, Russia, the US, various European countries and Saudi Arabia.

Key Points to Ponder:

— What are the strategic advantages of Pakistan?

— What are the roles of regional powers in shaping India-Pakistan relationship?

— What is the bilateral relationship status of India and Pakistan?

— What are India’s concerns with Pakistan?

— How is India tackling it?

— Know about the recent Pakistan-Afghanistan conflict

Key Takeaways:

— Over time, we complacently persuaded ourselves that India’s much greater power had diminished Pakistan’s attractiveness to others. In fact, US President Donald Trump’s recent outreach, Russia’s deepening ties, and China’s steady support to Islamabad underline that the major powers are very much engaged with our troublesome neighbour.

— Pakistan is attractive to many countries for at least three enduring reasons: Location, disruptive capabilities, and power.

— First, Pakistan’s location matters. The country abuts Afghanistan, Iran, and China (and India). It is proximate to the Gulf states, including Saudi Arabia. Through Afghanistan, it is connected to Central Asia. From Pakistani naval bases and air bases, distant powers can project force in a wide arc. In addition, foreign ground forces can operate from Pakistan against Afghanistan and Iran.

— Second, and less positively, Pakistan matters because it is a potential disrupter and danger. Indian diplomats portray Pakistan as a state that supports terrorists. They are right, but it is precisely because Islamabad has that capability that it is feared, engaged, and even propitiated.

— A lesson for us in India is that the more we castigate Pakistan, the more we play into Islamabad’s hands. This is because Pakistani leaders are not overly embarrassed by their dark reputation.

— Third, contrary to our belief that Pakistan is a puny entity, our neighbour has five assets that make it both feared and attractive — its military, demographic, Islamic, diasporic, and alliance power.

— Above all, Pakistan is a formidable military power. With half a million men in uniform, its armed forces are among the biggest in the world. In addition, it is a nuclear power. With roughly 200 nuclear weapons, it is India’s peer.

— Pakistani power is not simply military. This is a country of around 260 million people, making it the fifth-most populous globally. By 2050, some estimates put its population at between 340 and 380 million, which would make it the third largest in the world, behind only India and China. Like India, it will have a huge population of young, potentially productive people.

— If it gets its economic act together, it could also be a large market in which to sell and invest. Will any major power give up on Pakistan given its demography?

— Another component of Pakistani power comes from its position in the global Muslim community. Pakistan is the second-largest Muslim country in the world in population terms. While it is poorer than many other Muslim countries, it is influential in global Islam by sheer size of numbers. Its demographic size is amplified by its military and diplomatic power.

— Pakistani diplomacy is also a force in the Muslim world including in the apex Organisation of Islamic Cooperation (OIC). China, Russia, and the US and others, who have stakes in the stability of the Islamic world, cannot ignore Islamabad’s influence.

— We in India consider our diaspora a source of power. The Pakistani diaspora is not as large or influential as India’s, but it cannot be dismissed. Between 1995 and 2020, the UN World Migration Report estimates 6.14 million Pakistanis emigrated, placing it in sixth position (India had 17.79 million emigrants).

— Finally, Pakistan has alliance power. It was a formal ally of the US in SEATO and CENTO in the 1950s and 1960s. It has been a quasi-ally of China since 1963 and was a quasi-ally of both China and the US against the Soviet Union in the 1980s (in supporting the Afghan mujahideen).

— In sum, galling as it is, we must recognise that Pakistan cannot be dismissed in strategic terms. Powerful others will continue to engage with it, despite their strong ties to India. This is the reality. Our diplomacy must be cool-headed in thinking about Pakistan’s place in the world and our policies towards it. Irritation and condescension are not enough.

Do You Know:

— C. Raja Mohan writes: As violence escalated between Pakistan and Afghanistan last week, the initiative to stop it did not come from Washington but from the Middle East. The Pak-Afghan ceasefire talks took place in Doha, with Turkish intelligence officials in attendance. The next meeting is likely to be held in Turkey.

— The new diplomacy of mediation highlights the rise of unconventional players. Turkey, Qatar, Saudi Arabia, the UAE, and increasingly China, have inserted themselves into conflict resolution as Western power fragments and the UN weakens. Mediation is becoming a new marker of global relevance and, even more significantly, of power projection.

Other Important Articles Covering the same topic:

📍C Raja Mohan writes: Rise of the new peacemakers

📍Pakistan knows better than to draw the Afghan Taliban into a full-blown conflict

Previous year UPSC Prelims Question Covering similar theme:

(3) Consider the following countries: (UPSC CSE 2015)

1. China

2. France

3. India

4. Israel

5. Pakistan

Which among the above are Nuclear Weapons States as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as Nuclear Non-proliferation Treaty (NPT)?

(a) 1 and 2 only

(b) 1, 3, 4 and 5 only

(c) 2, 4 and 5 only

(d) 1, 2, 3, 4 and 5

Previous year UPSC Mains Question Covering similar theme:

Terrorist activities and mutual distrust have clouded India–Pakistan relations. To what extent the use of soft power like sports and cultural exchange could help generate goodwill between the two countries. Discuss with suitable examples. (UPSC CSE 2015)

THE IDEAS PAGE

Multilateralism isn’t dead

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies-II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora, Important International institutions, agencies and fora- their structure, mandate.

What’s the ongoing story: Shashi Tharoor writes- “As the United Nations marks its 80th anniversary tomorrow (October 24), reports suggest that the mood at the General Assembly in New York is anything but celebratory. The hall that once echoed with the optimism of post-war reconstruction, decolonisation and peacekeeping, now reverberates with uncertainty, frustration, and quiet alarm. The institution that symbolised the triumph of diplomacy over destruction finds itself confronting a world increasingly sceptical of its relevance — and a founding member, the United States, seemingly intent on retreat.”

Key Points to Ponder:

— What do you understand by the term ‘multilateralism’?

— Read about the United Nations (UN) in detail.

— What are the limitations of the UN?

— What are the major achievements of the UN in promoting global cooperation?

— What reforms should be taken to strengthen the UN?

Key Takeaways:

— “The signs are stark. The US has withdrawn from key global bodies, including the Human Rights Council and UNESCO, and has frozen or slashed funding to others, including an estimated 80 per cent reduction in its contributions to UN programmes. It has vetoed Security Council resolutions on Gaza, revoked visas of Palestinian officials, and President Donald Trump’s extraordinary rant on the opening day of the session questioned the very premises of multilateral engagement.”

— “This erosion of multilateralism comes at a time when the world is in desperate need of coordinated action. Conflicts in Ukraine, Sudan, and elsewhere rage with little hope of resolution. Trump orchestrated a peace in Gaza, but outside the UN framework. Climate change accelerates, inequality deepens, and technological disruption outpaces governance. UN Secretary-General António Guterres has called it a “global crisis”, warning that “geopolitical divides do not allow us to effectively address them”.”

— “So, is multilateralism on the verge of collapse? And can the UN survive the growing diagnoses of its irrelevance?To answer this, we must first understand what multilateralism has meant — and what it has become.”

— “At its core, multilateralism is the belief that global problems (what the late UN Secretary-General Kofi Annan called “problems without passports”) require global solutions, negotiated through institutions that give voice to all nations, regardless of size or power. It is a system built on sovereign equality, mutual respect, and the rule of law. The UN General Assembly, where each of the 193 member states casts one vote, remains the most visible embodiment of this ideal.”

— “Yet the ideal has always been tempered by reality. The UN’s structure — particularly the Security Council’s veto power — enshrines inequality. Its resolutions are often non-binding, its enforcement mechanisms weak. The General Assembly, for all its symbolism, is frequently dismissed as a forum for posturing rather than problem-solving. And the Council itself is seen as reflecting the geopolitical realities of 1945, not 2025.”

— “Still, the UN has achieved much. The Universal Declaration of Human Rights, the Sustainable Development Goals, the Paris Climate Agreement —all emerged from multilateral processes…It has provided a platform for smaller nations to speak, and for larger ones to listen — however perfunctorily.”

— “But today, the system is fraying. The decline of US commitment, the rise of regional blocs, and the fragmentation of diplomatic norms have all weakened the multilateral fabric.”

— “In this context, the UN risks becoming a relic — an institution with noble intentions but limited influence. Yet collapse is not inevitable. Multilateralism may be wounded, but it is not dead. The very fact that world leaders continue to gather in New York, to speak, negotiate, and deliberate, suggests that the need for global dialogue remains. The UN80 initiative, launched this year, aims to streamline mandates, cut costs, and restore public trust. Institutional reform is on the agenda — not as a luxury, but as a necessity.”

— “As the 80th UN General Assembly unfolds, the stakes are clear. The world is not short of crises — it is short of cooperation. The UN may be imperfect; but as the legendary Dag Hammarskjold put it, the UN was “not created to take mankind to heaven, but to save humanity from hell”. It may have been unable to do so on occasion, but it remains the only forum where all nations can come together to address the world’s problems. To abandon it would be to abandon the very idea of our common humanity.”

— “Multilateralism may be fraying, but it is also evolving. Its survival depends not on nostalgia, but on renewal. And that renewal begins with the recognition that in an interconnected world, no nation is truly sovereign unless all are.”

Do You Know:

— The United Nations came into existence on October 24, 1945 after being ratified by 51 nations, which included five permanent members (France, the Republic of China, the Soviet Union, the UK and the US) and 46 other signatories. The first meeting of the General Assembly took place on January 10, 1946.

— The four main goals of the UN included maintaining international peace and security, developing friendly relations among nations, achieving international cooperation in solving international problems and being at the center for harmonising the actions of nations in the attainment of these common ends.

Other Important Articles Covering the same topic:

📍How realism, not liberal optimism, now explains the UN’s predicament

📍UPSC Issue at a Glance | Understanding UNSC: Composition, need for reform, and India’s claim for permanent membership

Previous year UPSC Prelims Question Covering similar theme:

(4) With reference to the United Nations, consider the following statements: (UPSC CSE 2009)

1. The Economic and Social Council (ECOSOC) of the UN consists of 24 member States.

2. It is elected by a 2/3rd majority of the General  Assembly for a 3-year term.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

 

ECONOMY

Centre to allow only senior officials to flag ‘unlawful’ content for blocking

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

General Studies-III: Indian Economy and issues relating to planning, mobilisation, of resources, growth, development and employment.

What’s the ongoing story: The Ministry of Electronics and IT is bringing out amendments to one of its content blocking laws, under which it will specify that content notices sent under Section 79 (3)(b) of the Information Technology Act, 2000, can only be issued by senior officials at the Centre and state levels, officials said Wednesday.

Key Points to Ponder:

— Know about the key features of the IT Act, 2000

— What are the concerns related to the Act?

— Why has Elon Musk-owned social media platform X challenged the specific provision of the IT Act?

— What is safe harbour protection?

— What is Section 69(A) of the IT Act?

— What is Sahyog portal?

— Know about the Shreya Singhal v Union of India (2015)

Key Takeaways:

— As per amendments to the Information Technology Rules, 2021, the ministry will specify that content blocking intimations to social media platforms like YouTube, Instagram and X can be sent by a senior officer not below the rank of Joint Secretary (JS), or equivalent, and a Director or an officer equivalent in rank where a JS has not been appointed.

— In case of police authorities, only an officer not below the rank of Deputy Inspector General of Police (DIG), specially authorised, can issue such intimation.

— A senior government official said that there had been instances in some states, where police officers at the rank of sub inspectors and assistant sub inspectors were sending content notices to social media companies.

— Currently, the rules say that such directions can be issued by an “appropriate Government or its agency,” without specifying any particular designation of the official.

— To be sure, Elon Musk-owned social media platform X had challenged this specific provision of the IT Act, saying that the government was trying to establish a “parallel” content blocking regime, under which it had empowered any official at the Centre and state levels to issue content notifications. The Karnataka High Court had ruled in favour of the Central Government last month.

— Senior officials briefing the media said the changes the government was now bringing about were not related to X’s arguments and have no relation to them.

— All intimations issued under Rule 3(1)(d) will be subject to a monthly review by an officer not below the rank of Secretary of the appropriate Government – the IT Secretary in case of the Centre, and either the Home or IT Secretaries at the state level.

— On the face of it, the changes the IT Ministry is now making to the law, seem to address some of the concerns X had raised in its plea. As per Section 79(3)(b) of the IT Act, online intermediaries like X can lose their safe harbour protections if they fail to block access to content which has been flagged by an “appropriate” government agency.

— This process is separate from Section 69(A) of the IT Act, which also allows for content blocking in cases affecting the “sovereignty and integrity of India, defence of India, security of the State,” whereas under Section 79 (3)(b), any “unlawful” content can be directed to be removed.

Do You Know:

— Safe harbour protections are key to the functioning of social media platforms, as they afford them legal immunity from hosting user generated content.

— The government also proposed draft rules that require mandatory labelling of artificial intelligence or AI-generated content on social media platforms like YouTube and Instagram.

— According to the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, platforms that allow creation of AI content will be required to ensure that such content is prominently labelled or embedded with a permanent unique metadata or identifier.

— In case of visual content, the label should cover at least 10 per cent of the total surface area, and in case of audio content, it should cover the initial 10 per cent of the total duration.

— Under Section 79 of the Information Technology Act, 2000, the social media intermediaries such as X, Telegram, Facebook, Instagram, etc., have the immunity against legal prosecution for content posted by users.

— Section 79 says any intermediary shall not be held legally or otherwise liable for any third party information, data, or communication link made available or hosted on its platform.

— However, section 79(3)(b) states that the intermediary could be held liable if it does not immediately remove such unlawful information “upon receiving actual knowledge, or on being notified by the appropriate Government or its agency”.

— In Shreya Singhal v Union of India (2015), the Supreme Court struck down Section 66A of the IT Act which criminally punished, among other things, sending false information “for the purpose of causing annoyance or inconvenience”. After this decision, Section 69A of the IT Act became the primary law governing the matter.

Other Important Articles Covering the same topic:

📍Knowledge Nugget: Sahyog Portal — What you must know for the UPSC exam

Previous year UPSC Prelims Question Covering similar theme:

(5) Which of the following statements, as per the Information Technology Act, 2000, is/are correct? (CDS)

1. This Act provides that electronic signature is legally valid in the same manner as the handwritten signature.

2. Both the Central Government and State Governments have been given the power to make rules with respect to electronic signature.

Select the answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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On Army table: Proposal to raise Agniveer retention rate from 25% to 75%	A proposal to raise the Agniveer retention rate from the current 25 per cent to up to 75 per cent, along with measures to enhance jointness among the three services and review the implementation of Mission Sudarshan Chakra, are likely to be among the key issues on the agenda at the Army Commanders Conference in Jaisalmer starting Thursday, The Indian Express has learnt. This will be the first Army Commanders Conference since Operation Sindoor in May. The conference serves as a platform for the Army’s senior leadership to review the overall security situation and deliberate on key operational priorities to address emerging challenges.

 

PRELIMS ANSWER KEY

1. (d)   2. (d)   3. (a)    4. (b)   5. (c)

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