UPSC Key: Waqf law, TN Governor case, and WHO’s Draft Pandemic Treaty

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

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

What’s the ongoing story: A day after the Supreme Court red-flagged three key aspects of the Waqf Act, 2025 and suggested it could stay them, the Centre told the court on Thursday that it would neither make any appointments to Waqf Boards nor change the character of waqfs, including ‘waqf-by-user’ that are notified and registered as such until the next hearing on May 5.

Key Points to Ponder:

— Understand these terms: Waqf and ‘waqf-by-user’?

— What is the objective of amending the Waqf Act 1995?

— What is the issue around ‘waqf-by-user’?

— What are the arguments that this law is violating Article 26 of the Constitution?

— What are the concerns related to the Waqf Amendment Act?

— Trace the historical background, important amendments and evolution of the Act.

— One of the thumb rules the courts apply, they don’t stay the legislation at the preliminary stage. — What do you understand by this?

— How is the Right to Freedom of Religion is protected by the Constitution?

Key Takeaways:

— With the Centre requesting a week to file an affidavit before the SC passes an interim order, the three-judge bench, also comprising Justices Sanjay Kumar and K V Viswanathan, deferred the cases challenging the constitutional validity of the Act to May 5. CJI Khanna retires on May 13.

— The Centre had opposed the Supreme Court’s proposal to pass an interim order against the denotification of waqf properties, including ‘waqf-by-user’, aside from staying a provision allowing the inclusion of non-Muslims in the Central Waqf Councils and Boards.

— he court granted the Union of India, the state governments and the Waqf Boards seven days to file their preliminary reply/response to the writ petitions. It also directed that a rejoinder affidavit to the reply/response of the respondents may be filed within five days from the date of its service.

Do You Know:

Key issues in the challenge to the new Waqf law

— Article 26, a fundamental right under Part 3 of the Constitution, guarantees the freedom to manage the religious affairs of the citizens, and is subject to only three restrictions — public order, morality, and health.

— Doing away with concept of “Waqf by use”: “Waqf by use” simply means that land used for Muslim religious or charitable purposes for a long time can be deemed to be a Waqf even if it is not registered as such.

— The 2025 law does away with the concept of Waqf by use (which it refers to as “Waqf-by-user”) for future dedications, and restricts it only to properties that are already registered as Waqf. It further states that where there is a dispute, or if a property is allegedly government-owned, that land in question will not be treated as Waqf-by-use.

— Powers of district collector: The SC also mentioned it is considering staying another provision involving powers of the district collector, which could have a bearing on Waqf-by-use lands.

— Under the 2025 law, if the district collector identifies land, currently in use as a Waqf, as government land, then it ceases to be Waqf land till a court decides the dispute. This power, which flows from a crucial proviso to Section 3(c) of the Act, could alter the status of Waqf land even before a court has decided its status.

— Inclusion of non-Muslims in Waqf boards: The petitioners argued that the 2025 law, which allows non-Muslims to be part of Waqf boards and the Waqf council, is violative of Articles 26(b), 26(c), and 26(d) of the Constitution.

— Applicability of Limitations Act: Sibal also challenged a provision in the 2025 law that allows the applicability of the Limitation Act with respect to Waqf properties. The Limitation Act essentially bars parties from making a legal claim, say, against encroachment, after a specific period of time has lapsed.

— The 1995 Waqf Act had specifically excluded the application of the Limitation Act which allowed Waqfs to act against encroachments on its properties without a specific time frame. The 2025 law removed that exception. To this, CJI Khanna said that the “Limitation Act has both its advantages and disadvantages”.

Other Important Articles Covering the same topic:

📍What are the key issues in the challenge to the new Waqf law

📍SC flags 3 aspects of Waqf law: ‘We do not normally stay… this an exception’

Previous year UPSC Mains Question Covering similar theme:

How is the Indian concept of secularism different from the western model of secularism? Discuss. (UPSC CSE 2018)

The boy who stood his ground: How Kedar Nath’s acts of defiance shaped sedition law

Syllabus:

Preliminary Examination: Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues

Mains Examination: General Studies-II: Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure

What’s the ongoing story: One day in 1927, on his way back from school, Kedar Nath saw a few villagers dismantling a rail track to disrupt the movement of British-run trains. He joined in and was subsequently arrested. Later, his brother-in-law, a policeman, is said to have urged him to deny his involvement but the defiant teenager stood his ground.

Key Points to Ponder:

— What do you understand by sedition?

— Why does a democratic country need a law on sedition?

— What are the key cases on sedition law in India?

— What are the Law Commission’s recommendations on the sedition law?

— What was Section 124A of the erstwhile Indian Penal Code (IPC)?

— What are the constitutional provisions protecting the right of free speech?

Key Takeaways:

— Kedar Nath would show this determination once again in his 40s — after he was charged with sedition for a fiery speech against the then Congress government in Bihar’s Munger in 1953.

— According to court records, Kedar Nath’s speech went thus, “Today the dogs of the CID are loitering round Barauni… Today these Congress goondas are sitting on the gaddi due to the mistake of the people. When we drove out the Britishers, we shall strike and turn out these Congress goondas as well…”

— A magistrate’s court in Monghyr (Munger) charged and convicted Nath of sedition under Section 124A of the erstwhile Indian Penal Code (IPC). The charge was upheld by the Patna High Court, which sentenced him to a rigorous imprisonment of one year.

— Kedar Nath then moved the Supreme Court, challenging the constitutional validity of Section 124A, a colonial law that was enacted to curb the freedom movement. The provision criminalises speech that “attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government.”

— On January 20, 1962, a five-judge Bench of the Supreme Court upheld the sedition provision, but restricted its application “to acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.

Do You Know:

— In 2022, while hearing the challenge, the Supreme Court had stayed the operation of the sedition law, holding that it was prima facie unconstitutional. However, the government had requested an opportunity to rethink the law before the court could strike it down.

— In 2023, when the Bharatiya Nyaya Sanhita was introduced to repeal the IPC, Union Home Minister Amit Shah had announced in Parliament that the colonial sedition law had been repealed. However, the BNS retains the text of the law, with a mere name change from “rajdroh (treason against the empire)”to “deshdroh (treason against the nation)”.

Other Important Articles Covering the same topic:

📍Explained: The landmark 1962 judgment that Supreme Court quoted in Vinod Dua sedition case

Prelims Question Covering similar theme:

(1) Consider the following statements:

1. In the Kedarnath vs State of Bihar case (1962) Supreme Court declared Section 124A of IPC as unconstitutional.

2. Section 152 of BNSS provides for a similar provision of sedition under the new criminal law.

Which of the following statement is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

 

EXPRESS NETWORK

India to host International Big Cat Alliance

Syllabus:

Preliminary Examination: General issues on Environmental ecology, Bio-diversity and Climate Change – that do not require subject specialization.

Main Examination: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment.

What’s the ongoing story: The International Big Cat Alliance (IBCA) signed an agreement with the central government on Thursday formalising India as the headquarters and secretariat of the alliance, over two months after it came into force as a full-fledged treaty-based intergovernmental organisation.

Key Points to Ponder:

— What is the International Big Cat Alliance?

(Thought Process: Read about the IBCA, its objectives and member countries.)

— What are the big cats covered under the IBCA?

— Read about the covered big cats in detail?

— What are the initiatives taken by India for the conservation of big cats found in India?

— Map work: Mark the member countries on the map (refer to Atlas).

Key Takeaways:

— The IBCA was launched at the initiative of India to focus on global conservation of seven big cats —the tiger, lion, leopard, snow leopard, puma, jaguar and cheetah. Prime Minister Narendra Modi launched the IBCA in April 2023 during the 50th year celebrations of Project Tiger.

— “The agreement provides for India to be the host for the IBCA headquarters and secretariat; and it entails necessary provisions to enable IBCA to meet its intended objectives and also for efficient discharge of its official functions,” a press note issued by the Ministry of External Affairs (MEA) stated.

— The agreement text pertains to visas, privileges, and immunities to be extended to the IBCA secretariat and personnel, premises, entry into force, supplementary agreements, and some general provisions, the press note said.

— India formally joined the IBCA in September 2024. After five signatory countries—India, Liberia, Eswatini, Somalia, and Nicaragua—ratified the IBCA framework agreement, the alliance came into force as a global legal entity.

Do You Know:

— India is home to five of the seven big cats: the tiger, lion, leopard, snow leopard, and cheetah, except for the puma and jaguar.

Other Important Articles Covering the same topic:

📍Wildlife Week 2024 Special: International Big Cat Alliance and India

Previous year UPSC Prelims/Mains Question Covering similar theme:

(2) Consider the following seven big cats which the International Big Cat Alliance (IBCA) aims to conserve:

1. Lion

2. Tiger

3. Leopard

4. Cheetah

5. Snow leopard

6. Jaguar

7. Puma

Which of the above mentioned cats are found in India?

(a) 1, 2, 4, 5 and 6 only

(b) 1, 2, 3 and 4 only

(c) 1, 2, 3, 4 and 5 only

(d) 1, 2 , 3, 4, 5, 6 and 7

 

THE IDEAS PAGE

Dis/Agree: In the Tamil Nadu Governor case, the Supreme Court has defined timelines for Governor and President in law law-making process. Did it correct a distortion or overstep?

Syllabus:

Preliminary Examination: Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues

Mains Examination: General Studies-II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein

What’s the ongoing story: In a significant decision, a bench of Justices J B Pardiwala and R Mahadevan of the Supreme Court declared the action of Tamil Nadu Governor R N Ravi in reserving 10 Bills for the consideration of the President in November last year after their due reconsideration by the state Assembly as erroneous and illegal.

Key Points to Ponder:

— What is the whole issue around the Tamil Nadu governor case?

— How is the Governor appointed in a state?

— What are the various powers of the  Governor? What are the discretionary powers of the Governor?

— Read about Articles 200 and 201

— What is Article 142? Why was it invoked in this case?

— What are the limitations to Article 142?

— What is mandamus?

— The Constitution is a “labyrinth, not a maze”. Elaborate.

Key Takeaways:

SC action on TN governor is not overreach. Here’s why

— Indira Jaising writes: Having reached the conclusion that Articles 200 and 201 do not enable a pocket veto, the question was one of how to remedy the situation. This is where the judgment of the Supreme Court makes an unprecedented breakthrough in holding that the unconstitutional inaction can be remedied with the use of Article 142, which enables the Supreme Court to do “complete justice”.

— While the balance of power between Centre and states has been restored with the ruling in The State of Tamil Nadu vs The Governor of Tamil Nadu, the question remains: What of the Governor himself? Does he face no consequences for his inaction in the performance of his duties? This is where the finding of mala fides enters the picture.

— The logical question to raise is, does the Governor have the right to continue in office despite the finding of mala fides? Demands have already been made for his resignation which would constitute political accountability, but he has not resigned.

— Truly, the Court has demonstrated that the Constitution is a “labyrinth, not a maze”. When read as a whole, the Constitution is an interconnected web of binding norms which guarantee democratic governance, not a maze which can be a game of snakes and ladders or luck by chance.

In Tamil Nadu case, SC right to curb governors’ powers but went overboard with directions to president

— Alok Prasanna Kumar writes: In trying to put an end to the unconstitutional shenanigans of Tamil Nadu Governor R N Ravi and his ilk, the Supreme Court of India in State of Tamil Nadu vs Governor of Tamil Nadu may have unwittingly created new and problematic constitutional issues.

— The Court’s judgment on April 8 is unprecedented in at least three ways. First, it has laid down detailed guidelines for how a governor ought to act in refusing assent to a bill or referring it to the president, and given itself the power to issue a mandamus to the governor for failing to act.

— Second, it has exercised its powers under Article 142 to hold that the bills the TN governor did not assent to have become law. Third, it has given itself the power to issue a mandamus to the president when a bill has been referred to the president by the governor.

— Of these three unprecedented acts, the first two are welcome — they are the Court’s latest attempt to check the unconstitutional behaviour of a governor who behaved more like a colonial viceroy than a constitutional authority.

— A mandamus to the president would subtly change the constitutional position that the president acts only on the aid and advice of the prime minister and the cabinet. It would mean that in certain circumstances, the president also acts on the order of the Court. This raises a discomfiting question: Can the Court direct the president to ignore the aid and advice of the PM and the cabinet?

Do You Know:

— The proviso in Article 200 says the Governor must return the Bill “as soon as possible,” but does not prescribe a specific timeframe. An indefinite timeline in deciding on Bills can, in effect, amount to paralysing the elected government. Therefore, in this ruling Supreme Court has set the timeline for Governors to decide on Bills. The court fixed maximum time limits of one to three months for Governors to take a call on Bills.

— The Sarkaria Commission has “recommended that definite timelines must be adopted for facilitating the efficient disposal of references under Article 201” and that “the Punchhi Commission also suggested the reading of a timeline in Article 201”

Other Important Articles Covering the same topic:

📍Knowledge Nugget: SC Verdict on TN Governor — Why it matters for UPSC

📍With verdict on Governor R N Ravi, Supreme Court gives Indian states — and India — a victory

Previous year UPSC Prelims Question Covering similar theme:

(3) Which one of the following statements is correct? (2013)

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time

(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President

(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post

(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support

 

EDITORIAL

Pandemic proofing

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources 

What’s the ongoing story: The WHO’s Draft Pandemic Treaty, which will be presented at the World Health Assembly on May 19, is limited in scope compared to the pact proposed during the Covid years. Yet, it’s a significant step forward towards securing the world against Covid-like crises.

Key Points to Ponder:

— What is the “One Health” approach?

— What is the WHO’s Draft Pandemic Treaty?

— What is the significance of this treaty?

— What is the World Health Assembly?

— What were the important vaccines related to Covid-19 pandemic?

— What is the significance of the exchange of scientific information and equitable allocation of medical preventives and antidotes?

Key Takeaways:

— At the height of the Covid pandemic in March 2021, more than 20 countries and international organisations issued a call for a treaty to protect the world from future outbreaks. In December that year, WHO members established the Intergovernmental Negotiating Body to draft an international instrument.

— Despite the toll taken by the pandemic across the world, countries were not on the same page over the details of the treaty’s two central tenets — exchange of scientific information and equitable allocation of medical preventives and antidotes.

— Countries from the developed world insisted on instant access to scientific data. Members of the Global South wanted such information sharing to be linked to the rapid provision of vaccines, diagnostics and drugs — an understandable demand given that vaccine distribution was skewed against low and middle-income countries (LMIC) for much of the pandemic. The slow and difficult negotiations concluded on Wednesday.

— The treaty is founded on the “One Health” approach, which recognises that people’s health is closely connected to developments in the natural world. It asks countries to identify circumstances under which pathogens can jump from animals to humans, and take steps to reduce such risks.

— If approved by the World Health Assembly, the pact will be the first international covenant against spillover infections. Countries that share pathogen samples and genetic sequencing will get primacy in access to diagnostics, vaccines and therapeutics that are developed using this information.

— To begin with, the US participated in the deliberations on the pandemic treaty. But the final text was drafted without American participation. Its ratification by 191 countries is more than a symbolic victory for multilateralism — the treaty sends a strong message that the WHO has overcome the setback caused by the US’s withdrawal from the global health body.

Do You Know:

— Four years after the outbreak of Covid, an expert group constituted by NITI Aayog has recommended setting up a comprehensive framework to effectively manage future public health emergencies or pandemics.

— The Pandemic Preparedness and Emergency Response (PPER) framework has called for a new Public Health Emergency Management Act (PHEMA), and the implementation of other measures to ensure a swift and effective response within the first 100 days of the outbreak

Other Important Articles Covering the same topic:

📍Preparing for the next pandemic: what NITI Aayog report says

UPSC Prelims Question Covering similar theme:

(4) In the context of vaccines manufactured to prevent Covid-19 pandemic, consider the following statements: (2022)

1. The Serum Institute of India produced Covid-19 vaccine named Covishield using mRNA platform.

2. Sputnik V vaccine is manufactured using vector-based platform.

3. COVAXIN is an inactivated pathogen-based vaccine.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

 

ECONOMY

Tariffs will dent US economy and stoke inflation: Why US Fed chief’s warnings matter

Syllabus:

Preliminary Examination: Current events of national and international importance, Economic Development

Main Examination: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests.

What’s the ongoing story: The last time that the American dollar, US bonds and stock markets recorded a simultaneous sell off over multiple days was nearly half a century ago – in 1977-78. This would be particularly consequential for the man at the helm of the US Federal Reserve, and person entrusted with the twin mandates of maintaining full employment and price stability in the American economy – Jerome Powell.

Key Points to Ponder:

— Read about the recent development associated with Trump’s announcement of reciprocal tariffs and its 90-day pause.

— What are tariffs? Why are tariffs imposed?

— What are the key reasons behind the recent US government’s decision to increase tariffs?

— Why a 90-day pause on new tariffs?

— US-China tariff war— Know in detail.

— What strategies is India using to navigate potential trade negotiations with the U.S.?

— How is Trump’s tariff policy impacting the US economy?

— Read about the bilateral trade agreement between India and the USA?

Key Takeaways:

— So, when Fed chair Powell rose to speak at an event hosted by the Economic Club of Chicago Wednesday, there was palpable anticipation. Referring to the trade policies pursued by the Donald Trump administration, Powell said the steps taken by the Trump administration “will create challenges” for the central bank to meet its job and inflation mandates this year. “These are very fundamental policy changes. There isn’t a modern experience of how to think about this”.

— Powell went on to indicate that the tariffs rolled out by President Trump were larger than even the highest estimates prepared by the US Fed ahead of time. And those tariffs are only moving up for China with every passing day, and there is no certainty where it’ll end up for other countries after a 90-day pause.

— Over the last couple of weeks, a very unusual pattern has been visible in financial market developments in the US. Generally, during phases of uncertainty, there is a higher demand for safe assets, and that tends to push down US Treasury yields (which means lower interest rates, higher bond prices). Over the last fortnight though, US Treasury yields went up. And when US Treasury yields go up, generally that leads to capital inflows into America, which, in turn, tends to boost the US dollar.

— But, strangely, the dollar declined while US Treasury yields rose, essentially suggesting, as former Treasury Secretary and Fed Chair Janet Yellen said on CNBC, that investors are beginning to shun dollar based assets. That calls into question the safety of what has been the bedrock of the global financial system – American treasuries. “A pattern suggestive of a loss of confidence in US economic policy and the safety of bedrock financial assets is really very worrisome,” Yellen said.

— Large-scale selloffs of American bonds could pose a problem for the world’s biggest economy, making it more expensive for it to raise the money to finance its budget gap.

The big concern for Powell and team is that long term inflation expectations in the US are really skyrocketing. That accompanied by a growth slowdown, high unemployment, negative earnings growth, then going forward, treasuries will still be the safe haven asset. But the long term inflation expectations and inflationary impulse through random tariff policies and de-globalisation is a big factor that the Fed will have to keep in mind.

Do You Know:

— US President Donald Trump celebrated April 2 as America’s “Liberation Day” by announcing “reciprocal tariffs” against all major trading partners. Two sets of tariffs were announced. One, a base tariff of 10% against all countries, which represents a sharp increase from the pre-Trump 2.0 tariff rate of around 2.5%.

— Then there were country-specific tariffs, as shown in the table below. These tariffs were determined by estimating how much each of these countries charges on US goods and then halving that amount to calculate the “USA discounted reciprocal tariffs”.

— However, US President Donald Trump Wednesday (April 9) paused reciprocal tariffs on 75 countries, including India for 90-days, while imposing a steep 125 per cent tariff on China in response to its retaliatory measures.

— Tariffs are taxes or duties imposed by a government on imported goods and services. Their objective is to make foreign products more expensive compared to domestically produced goods, thereby encouraging consumers to prefer local products. Tariffs also act as a protective measure for domestic industries against foreign competition. Additionally, they serve as a source of revenue for the government.

Other Important Articles Covering the same topic:

📍UPSC Issue at a Glance | From Trump’s reciprocal tariffs announcement to 90-day pause: Everything in between

📍UPSC Issue at a Glance | Tariff war: 4 Key Questions You Must Know for Prelims and Mains

Previous year UPSC Mains Question Covering similar theme:

What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India? (UPSC CSE 2018)

ALSO IN NEWS
Consumer watchdog warns coaching centres against misleading ads ahead of IIT-JEE results	The Central Consumer Protection Authority (CCPA) has warned coaching centres against issuing misleading advertisements after results of competitive exams such as IIT-JEE, NEET, and UPSC examinations are declared.The country’s top consumer watchdog has advised coaching centres to strictly adhere to the Consumer Protection Act 2019 and Guidelines for the Prevention of Misleading Advertisements in the Coaching Sector 2024.
2-day conclave on Buddhism in Arunachal Pradesh next week	In a first, the government is organising a two-day conclave starting April 21 in Arunachal Pradesh to highlight the spread and impact of Buddhism in India’s Northeast. To be organised jointly by the International Buddhist Confederation (IBC) in collaboration with the Ministry of Culture, the event at Namsai — just bordering Myanmar — is likely to be attended by Chief Minister Pema Khandu and Deputy CM Chowna Mein, officials said.
Finding life beyond Earth: the evidence so far , and a statistical argument	The discovery of signals indicating the presence of sulphur-containing gases in a far-away planet has sparked fresh excitement over the possibility of extraterrestrial life, although scientists involved in the discovery say it is too early to make definitive claims.A team of researchers from the University of Cambridge that has been studying data from the planet K2-18b, some 120 light years away from Earth, has reported strong signals of dimethyl sulphide (DMS) and dimethyl disulphide (DMDS), the first time these gases have been detected outside the solar system.

PRELIMS ANSWER KEY

1. (d)  2. (c)  3. (c)   4. (b)

Subscribe to our UPSC newsletter. Stay updated with the latest UPSC articles by joining our Telegram channel – IndianExpress UPSC Hub, and follow us on Instagram and X.

🚨 Click Here to read the UPSC Essentials magazine for March 2025. Share your views and suggestions in the comment box or at manas.srivastava@indianexpress.com🚨