Editorials/Opinions Analysis For UPSC 03 October 2026

Legacy IAS Academy · Editorials, Opinions & Explained

Editorials & Explained — 1–3 October 2026

The most exam-relevant op-ed, ideas & explainer pieces · mapped to the syllabus · a Mains question with each
The Hindu · Op-Ed The Indian Express · Opinion / Explained
OpinionsSigned Op-Eds & Ideas Columns
01

A Court Divided by Its Own Architecture: The Split Verdict on the Election Commissioners’ Appointment Law

Core Topic Opinion GS-II · Judiciary, Constitutional Bodies (ECI) Prelims + Mains The Hindu · Op-Ed

On 23 September 2026, a two-judge Bench of the Supreme Court split — not on whether the CEC and Other ECs Act, 2023 is valid, but on whether a Bench of two could decide the question at all. The author argues the episode exposes a structural fault in how the Court is organised.

◈ Background & Context
  • Article 324 vests the superintendence, direction and control of elections in the Election Commission of India (ECI); Article 324(2) left the appointment process to a law made by Parliament, which was not enacted for over seven decades — the President appointed on the Union Government’s advice.
  • Anoop Baranwal v. Union of India (March 2023): a five-judge Constitution Bench ordered that appointments be made on the advice of a committee of the Prime Minister, the Leader of the Opposition (or leader of the largest Opposition party) and the Chief Justice of India — until Parliament made a law.
  • CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023 (enacted December 2023, replacing the 1991 Act): the selection committee is the PM, the LoP in the Lok Sabha and a Union Cabinet Minister nominated by the PM; a Search Committee headed by the Law Minister shortlists names.
Figure 1 — Three models of appointing Election Commissioners
1950 – 2023 No law under Art. 324(2) Union Government advises the President Executive: sole say (convention, not statute) Anoop Baranwal (2023) Interim, until a law Prime Minister Leader of Opposition Chief Justice of India Executive: 1 of 3 votes 2023 Act (in force) Under challenge Prime Minister Leader of Opposition Union Cabinet Minister Executive: 2 of 3 votes
The constitutional question is whether a committee in which the executive holds two of three votes meets the insulation standard read into Article 324 in Anoop Baranwal.
The Split — Who Held What
  • The Union’s late plea: midway through hearings, the Union argued the case raised a substantial question of constitutional interpretation and so required at least five judges under Article 145(3) — a plea absent from its counter-affidavit.
  • Justice Datta: rejected the plea — Anoop Baranwal already declared that Article 324 requires appointments insulated from exclusive executive control; that ruling binds all courts under Article 141, so testing the 2023 Act is merely applying settled law.
  • Justice Sharma: accepted it — since no authoritative ruling on the 2023 Act’s validity exists, a Constitution Bench must hear it.
  • Outcome: instead of the usual three-judge reference to resolve a 1–1 split, both judges jointly sent the papers to the CJI to consider a Constitution Bench. Petitioners who filed in early 2024 must wait again.
The Author’s Argument

The author sides with Justice Datta. Article 145(3) is triggered by a genuine dispute over interpretation, not by a case’s importance or a statute’s novelty — the test laid down in State of J&K v. Thakur Ganga Singh (1959) and applied to Article 145(3) in PUCL v. Union of India (2003).

  • Novelty is not the test: on Justice Sharma’s logic, two-judge Benches could not have decided Shreya Singhal (2015) (striking down Section 66A, IT Act) or NALSA (2014) (gender self-identification).
  • A court of many voices: in 1950 the Court had six judges (sanctioned strength eight); Article 145(3) assumed it would usually sit together. It now sits mostly in two-judge panels, largely hearing Special Leave Petitions (Article 136); per the author, its sanctioned strength is now 38 (it was raised to 34 by a 2019 amendment).
  • Delay as fait accompli: Anoop Baranwal took from 2015 to 2023; the reference on the meaning of “industry” in State of U.P. v. Jai Bir Singh lay dormant for 15 years from 2002. By the time this case is decided, Commissioners appointed under the 2023 Act will have conducted several elections.
Reform Options
  • Permanent Constitution Bench: the judges’ joint order asks the CJI to explore one. The Law Commission’s 229th Report (2009) proposed a Constitution Bench at Delhi with regional Cassation Benches for ordinary appeals.
  • No amendment needed: the CJI, as Master of the Roster (affirmed in Asok Pande, 2018 and Shanti Bhushan, 2018), can constitute it; Article 130 also allows the Court to sit elsewhere with the President’s approval.
  • Rules, not discretion: the author warns that on a court of this size, roster power can shape outcomes; a permanent Bench must be composed by transparent, pre-set rules.
  • Stare decisis: the deeper problem is inconsistent respect for binding precedent — here a Bench of two declined to apply a principle settled by a Bench of five.
A Balanced Reading
  • There is a counter-view: the validity of a new law governing a constitutional body may itself involve interpretation of Article 324, and a five-judge ruling would carry greater authority than a two-judge one.
  • Both judges agreed the CJI’s seat on the committee was a stopgap, not constitutionally entrenched — the live issue is the degree of executive control, not the specific composition.
✎ Mains Practice Question

“The Supreme Court increasingly functions as a court of appeal rather than a constitutional court.” Examine this statement with reference to Article 145(3), the working of Constitution Benches and the power of the Master of the Roster. Suggest structural reforms. 15 marks · 250 words

02

The Model BIT Problem: Has India’s 2016 Investment Treaty Template Cost It Foreign Investment?

Core Topic Opinion GS-III · Investment Models, External Sector · GS-II · Bilateral Agreements Prelims + Mains The Indian Express · Opinion

The author argues that the 2016 Model Bilateral Investment Treaty (BIT) dismantled India’s treaty network, and that net direct investment data show the cost; 18 months after the Union Budget 2025-26 promised a revamp, no new model has been adopted.

◈ Background & Context
  • What a BIT does: it protects investments made by investors of one country in the other, typically through national treatment, fair and equitable treatment (FET), protection against expropriation and Investor-State Dispute Settlement (ISDS) through international arbitration.
  • India’s first BIT was with the UK in 1994; India signed over 80 in the next two decades.
  • The trigger for change: White Industries v. India (2011) — the first award against India — faulted judicial delay; it was followed by claims over retrospective taxation (Vodafone, Cairn) and the Devas–Antrix contract.
  • Response: the 2016 Model BIT, followed by termination of most older BITs from 2016–17 and joint interpretative statements for others.
▤ The 2016 Model BIT at a Glance
  • Definition of investment: enterprise-based, with characteristics of real investment; excludes portfolio investment.
  • No MFN clause — closing the route used in White Industries; no broad FET clause, replaced by narrower customary-law obligations.
  • Taxation measures excluded from the treaty’s scope.
  • Exhaustion of local remedies: an investor must pursue Indian courts for 5 years before arbitration — the provision the author attacks; global practice is a 3–6 month consultation (“cooling-off”) period.
  • Later treaties: India–UAE BIT (2024) and India–Israel BIT (2025) cut the period to 3 years.
The Author’s Evidence

Per the author, BITs in force fell from over 70 in 2015 to about eight by the early 2020s, none with a major source of capital. The flows tell a related story: gross inflows look strong, but most of it is offset by repatriation and outward FDI.

Figure 2 — From gross to net: direct investment, 2025-26 (US$ billion)
94.5 −53.6 40.9 −33.3 7.65 Gross inflow Repatriation / disinvestment Net FDI to India Outward FDI by Indian firms Net FDI (~0.18% of GDP)
A record gross inflow shrinks to a small net figure once exits and outward investment are counted. Figures as cited by the author; recreated in the Legacy palette.
  • Reinvested earnings of foreign firms were $25.6 billion — over three times net FDI; the author notes these are profits retained, not fresh commitments.
  • Portfolio outflows: foreign investors withdrew $17.7 billion from Indian equities in 2025, by the author’s account.
  • On reclassification: the author opposes counting portfolio holdings held over three years as FDI — the OECD Benchmark Definition uses a 10% voting-power threshold and bars adding holding-period tests. India adopted the 10% line following the Mayaram Committee (2014).
A Balanced Reading
  • The case for the 2016 model: it reflected a global backlash against ISDS — concerns over regulatory chill, large awards and arbitrators reviewing sovereign tax and policy choices. Several countries (e.g. South Africa, Indonesia) also terminated older BITs.
  • Correlation vs causation: FDI decisions depend on market size, regulation, tax certainty and global interest rates; outward FDI by Indian firms reflects their own global expansion, not only a weak investment climate.
  • Middle path: a shorter local-remedies period, a clear FET standard, and a strong right to regulate — as in recent treaties — can reassure investors while protecting policy space. Ending retrospective tax (Taxation Laws (Amendment) Act, 2021) removed one major irritant.
✎ Mains Practice Question

India’s 2016 Model Bilateral Investment Treaty sought to protect regulatory sovereignty but is criticised for deterring foreign investment. Critically examine the trade-off and suggest features a revised model should carry. 15 marks · 250 words

03

India–EFTA TEPA at One: Geothermal Heat, Carbon Capture and the Blue Economy

Important Opinion GS-II · Bilateral & Regional Groupings · GS-III · Energy, Trade Prelims + Mains The Hindu · Op-Ed

A year after the India–EFTA Trade and Economic Partnership Agreement (TEPA) entered into force on 1 October 2025, Iceland’s Ambassador to India argues its real value lies in investment and technology partnerships, not tariff cuts alone.

◈ Background & Context
  • EFTA (European Free Trade Association) was formed in 1960 by the Stockholm Convention; its four members — Iceland, Liechtenstein, Norway, Switzerland — are outside the European Union.
  • TEPA was signed on 10 March 2024 after negotiations that began in 2008.
  • First of its kind: India’s first trade agreement with a binding chapter on investment and job creation — EFTA aims at $100 billion of investment over 15 years and 1 million direct jobs.
  • Rebalancing clause: India may withdraw or suspend concessions, after consultations, if the investment objectives are not met.
92.2%EFTA tariff lines (99.6% of India’s exports)
82.7%Indian tariff lines (95.3% of EFTA exports)
$100 bnInvestment target · 15 years
1 millionDirect jobs targeted
Three Areas of Icelandic Expertise
  • Geothermal direct use: Iceland uses low- to medium-temperature heat for space heating, fish drying and greenhouses. At Tapri (Kinnaur, Himachal Pradesh), an Indian–Icelandic venture now uses geothermal heat to dry apples, letting growers time sales; a cooling facility is due by year-end. India’s Himalayan geothermal belt includes Puga Valley (Ladakh).
  • Carbon capture (CCUS): a NITI Aayog (2022) study estimated India could capture about 750 million tonnes of CO₂ a year by 2050. The DST released India’s first CCUS R&D roadmap in December 2025 and, per the author, the Union Budget 2026-27 provided ₹20,000 crore over five years. Iceland’s CarbFix mineralises over 95% of injected CO₂ in basalt within two years — relevant to India’s Deccan Traps.
  • Carbon-to-fuel: Iceland hosted the world’s first industrial-scale CO₂-to-methanol plant (Svartsengi, 2011-12); a 2026 MoU explores a 3 lakh-tonne-a-year e-methanol project at Raigad, Maharashtra, using steel-plant emissions and green hydrogen.
  • Fisheries: Iceland uses about 90% of each cod (skin, liver, bones) against 40–60% in most fishing nations — value addition without catching more fish.
The Arctic Link
  • Iceland is one of the eight Arctic States and a founding member of the Arctic Council (Ottawa Declaration, 1996); India has been an Observer since 2013, released its Arctic Policy in 2022 and runs the Himadri station at Ny-Ålesund, Svalbard (since 2008).
  • The author presents TEPA as a complement to the India–EU FTA, not a rival — “one plus one equals three”.
A Balanced Reading
  • The $100 billion is an objective, not a guarantee: governments cannot direct private investment, and how inflows will be measured and attributed to TEPA remains open.
  • Gains depend on non-tariff issues — standards, mutual recognition, services mobility — and on Indian firms’ capacity to use concessions.
  • Technologies like CCUS are costly and early-stage; storage needs rigorous monitoring and verification before scale-up.
✎ Mains Practice Question

The India–EFTA TEPA marks a shift from tariff-centric trade deals to investment-linked partnerships. Discuss its significance for India’s energy transition and manufacturing ambitions. 10 marks · 150 words

04

Gandhi as Co-Traveller: Reading Gandhian Thought for Democratic Institution-Building

Important Opinion GS-IV · Moral Thinkers (Gandhi) · GS-II · Democracy Mains-oriented The Indian Express · Opinion

Written for Gandhi Jayanti (2 October), the piece argues that Gandhi is remembered as a model of protest but rarely as a guide to institution-building — and that his writings offer resources for renewing democracy.

◈ Background & Context
  • Hind Swaraj (1909), written in Gujarati aboard the Kildonan Castle, critiqued modern civilisation; it is the one book Gandhi refused to revise.
  • Gandhi called himself a “philosophical anarchist”, wary of a centralised state, yet built institutions — ashrams, the All India Spinning Association and the weekly Young India (1919–1932).
  • Constitutional echoes: Article 40 (village panchayats), Article 43 (cottage industries), Article 47 (prohibition) and Article 48 (cow protection) in the Directive Principles; Gram Swaraj found institutional form in the 73rd Amendment (1992).
  • The UN marks 2 October as the International Day of Non-Violence (UNGA resolution, 2007).
Three Democratic Challenges and Gandhian Responses

The author takes up a recent argument in the same newspaper that democracy needs renewal through the idea of Swaraj, and maps three challenges to Gandhian ideas. Gandhi’s 1925 test: loyalty to an institution lasts only so long as it aids the growth of the nation.

  • Social and economic inequality that hollows out one person, one vote → treat the anxieties of the poor, Dalits, minorities and women as national issues, not group-specific ones, through a cultural policy that democratises institutions.
  • A media that blurs news and propaganda → Gandhi saw an “awakened and intelligent public opinion” as the Satyagrahi’s strongest weapon; the author proposes non-violent action for media accountability without curbing free expression, plus a politics of discourse and of personal commitment.
  • Political centralisation → Gandhi located its roots in voters as much as politicians, calling for an electorate that is impartial, independent and intelligent — an electoral morality.
Ethics Takeaways (GS-IV)
  • Purity of means and ends: legitimate goals pursued through non-violent, truthful means.
  • Self-introspection: the Satyagrahi first checks whether he carries the very evils he opposes — a model for integrity in public life.
  • Conditional institutional loyalty: institutions earn allegiance by serving the public good — linked to accountability and conscience.
A Balanced Reading
  • Gandhi’s distrust of the modern state sits uneasily with constitutional democracy; B.R. Ambedkar criticised the village as a site of caste oppression and preferred the individual as the unit of the Constitution.
  • The author’s assessment of current trends is one perspective; the larger point — that civic virtue and informed voters sustain institutions — is widely shared.
✎ Mains Practice Question

“An awakened and intelligent public opinion is the most potent weapon of a Satyagrahi.” What does this statement by Mahatma Gandhi mean to you in the context of today’s information ecosystem? 10 marks · 150 words

ExplainedExplainers & Expert Columns
05

The UN’s First Declaration on Rising Seas: Statehood, Maritime Boundaries and India’s Eroding Coastline

Core Topic Explained GS-III · Climate Change, Disaster Management · GS-I · Coastal Geography · GS-II · Int’l Law Prelims + Mains The Indian Express · Experts Explain

On 24 September 2026, the UN General Assembly adopted its first-ever declaration on sea-level rise, affirming a presumption of continued statehood and urging countries to build sea-level projections into coastal infrastructure planning — where India has gaps.

◈ Background & Context
  • Causes: thermal expansion of warming oceans and melting of glaciers and ice sheets (Greenland, Antarctica).
  • Montevideo Convention (1933), Article 1: a State needs a permanent population, a defined territory, a government and the capacity to enter into relations with other States.
  • UNCLOS (1982): maritime zones — territorial sea (12 nm), contiguous zone (24 nm), EEZ (200 nm) — are measured from baselines on the coast; a retreating coast could shift them inward.
  • Build-up: the International Law Commission has studied sea-level rise and international law since 2019; the Pacific Islands Forum declared continuity of statehood in 2023; the ICJ’s 2025 advisory opinion addressed States’ climate obligations.
▤ The Numbers
  • Rate of rise (WMO): 2.1 mm/yr (1993–2002) → 4.7 mm/yr (2015–2024); 6 mm in 2024 alone, the largest annual rise on record.
  • By 2100 (UN Secretary-General’s Climate Action Team brief): about 38 cm on the lowest-emissions path; about 77 cm if emissions keep rising — and rise continues for centuries even after net zero.
  • India at risk: about 45 million people by 2050 (a 2025 review in Frontiers in Marine Science).
  • India’s coast: 11,098.81 km and 1,298 offshore islands and islets after the 2023-24 remeasurement.
Figure 3 — Global sea-level rise is accelerating (mm per year)
2.1 1993–2002 average 4.7 2015–2024 average 6.0 2024 (single year) Source: World Meteorological Organization, as cited by the authors
The rate has more than doubled in three decades; 2024 set the record for a single year.
What the Declaration Settles
  • Continued statehood: a country does not lose sovereignty, rights or its UN seat if the sea takes its land — critical for Tuvalu, Kiribati and the Maldives.
  • Fixed maritime zones: nautical boundaries, once drawn, are maintained even as coastlines retreat.
  • People: countries are asked to respect the human rights of the displaced and strengthen international cooperation. Example: over a third of Tuvalu’s ~11,000 people applied for climate visas to Australia under the bilateral Falepili Union treaty by December 2025.
  • Follow-up: another high-level meeting by September 2030.
India’s Position and Stake
  • India backed stable maritime zones and continuity of statehood, and reaffirmed Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC).
  • Lakshadweep and the Andaman & Nicobar Islands extend India’s maritime zones deep into the Arabian Sea and Bay of Bengal — fixed boundaries protect India’s own EEZ.
Is India’s Coast Ready?
  • NCCR assessment (1990–2016): the National Centre for Coastal Research (Chennai, MoES) found about one-third of the mainland shoreline eroding; 234 sq km lost and 231 sq km gained — balanced nationally but concentrated locally.
  • Hotspots: nearly 400 km retreating more than 5 m a year and 225 km at 3–5 m; West Bengal has 170+ km in the fastest category, about a third of its coast.
  • Sundarbans: Ghoramara island shrank from about 7.2 sq km (1972) to 3.6 sq km (2022); Lohachara disappeared in the early 2000s.
  • CRZ Notification, 2019 (under the Environment (Protection) Act, 1986): the No Development Zone is 50 m in densely populated rural areas (CRZ-IIIA) and 200 m elsewhere (CRZ-IIIB), measured from today’s High Tide Line. The hazard line mapped by the Survey of India is used only for disaster management and planning.
Figure 4 — Why a fixed setback fails on an eroding coast
SEA High Tide Line (today) 50 m · ~10 yrs at 5 m/yr 200 m · ~40 yrs at 5 m/yr House approved just beyond the strip coast retreats Proposal: measure the strip from the hazard line, or widen it by the local erosion rate
Setbacks measured from today’s tide line do not account for tomorrow’s coastline. Schematic, not to scale.
The Way Forward (Authors’ Proposals)
  • Planning: measure the no-build strip from the hazard line, or widen it by the local erosion rate, starting with the fastest-retreating stretches.
  • Law for slow-onset displacement: Indian law has no category for people who lose land gradually to erosion; relocation is ad hoc. A law should guarantee land title and livelihood support. Fiji wrote relocation into its Climate Change Act (2021), backed by a relocation trust fund.
  • Finance: UNEP puts developing countries’ adaptation needs at over $310 billion a year by 2035, against $26 billion of international public adaptation finance in 2023. India called the NCQG of $300 billion a year by 2035 (COP29, Baku, 2024) too little and too distant, and can press this at COP31 (Antalya, Türkiye, November 2026).
✎ Mains Practice Question

Sea-level rise threatens not only coastlines but also the legal foundations of statehood and maritime boundaries. Discuss the significance of the UN declaration on sea-level rise for India, and examine the adequacy of India’s coastal regulation in addressing slow-onset displacement. 15 marks · 250 words

Legacy IAS Academy · Editorials, Opinions & Explained 1–3 October 2026 · The Hindu & The Indian Express

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