Daily Hindu Analysis 6th Feb 2026

GS 2: Polity and Governance – Judiciary, Constitutional values, Environmental governance

Context:

The article critically examines recent judicial and policy developments that, according to the authors, indicate a gradual dilution of India’s environmental jurisprudence. It argues that courts and regulatory institutions are increasingly prioritising development and infrastructure over ecological protection, weakening constitutional environmental safeguards.

Detailed Analysis:

Environmental Justice under Strain

The authors argue that environmental justice in India is being diluted in the name of development.

Constitutional promises related to environmental protection risk becoming symbolic rather than enforceable.

Ecological losses, once ignored, return with severe consequences such as floods, landslides, and biodiversity loss.

Dilution through Policy and Judicial Recall

In December 2025, policy changes diluted Environmental Impact Assessment requirements for non-coal mining.

The Supreme Court recalled its own progressive judgment in Vanashakti v Union of India (2025), which had banned retrospective environmental clearances.

This recall is cited as a key moment in weakening environmental safeguards.

From Mountains to Mangroves: A Pattern

The controversy over redefining the Aravalli ranges based on height reflects a shift in legal reasoning.

Judicial approval for destruction of mangroves, such as the clearing of about 34,000 trees for infrastructure, shows erosion of ecological science in decision-making.

Projects like the Char Dham highway in Uttarakhand highlight risks of landslides and river disturbances in fragile ecosystems.

Aravallis Case and Height-Based Definition

The Aravallis are ecologically crucial for groundwater recharge, soil stability, and climate regulation.

Earlier judgments, including M.C. Mehta v Union of India (2004), recognised this ecological role and imposed mining bans.

The 2025 judgment accepting a 100-metre height-based definition departed from the precautionary principle upheld in earlier cases like Vellore Citizens’ Welfare Forum v Union of India (1996).

This approach excludes large ecologically sensitive areas from legal protection.

Constitutional Implications

Article 21, which includes the right to a clean and healthy environment, is directly impacted.

Article 48A obligates the State to protect and improve the environment, while Article 51A(g) places duties on citizens.

Judicial interpretations that allow ecological exclusion weaken these constitutional mandates.

Discriminatory protection of landforms based on height is argued to violate the principle of non-arbitrariness under Article 14.

Judicial Leniency and Procedural Dilution

Courts have increasingly relied on post-facto clearances and mitigation assurances.

In Common Cause v Union of India (2017), the Supreme Court had earlier rejected post-facto legalisation of illegal mining.

Subsequent leniency marks a retreat from deterrence-based environmental enforcement.

Environmental compliance risks becoming a checklist rather than substantive protection.

Mangroves and Urban Ecology

Mangroves are critical for flood control, carbon sequestration, and coastal protection.

Judicial approvals for large-scale mangrove destruction undermine long-term ecological security.

Compensatory afforestation is criticised as inadequate because mature ecosystems take decades to develop.

Corporate Influence and Fairness

Environmental clearances for large corporations are often fast-tracked.

Objections are labelled obstructionist, and hearings are curtailed.

This undermines procedural fairness, transparency, and equality before law under Article 14.

Preferential treatment to economically powerful actors erodes public trust in environmental governance.

Erosion of Public Trust Doctrine

Earlier judgments like M.C. Mehta v Kamal Nath (1996) firmly established the public trust doctrine.

Recent judicial trends allowing ecological degradation dilute this doctrine.

Courts risk moving away from their role as custodians of environmental rights.

Courts must reaffirm the precautionary principle and ecological science in decision-making.

Environmental Impact Assessment processes should be strengthened, not diluted.

Judicial scrutiny of large infrastructure projects must be substantive and not procedural.

Green Benches in all High Courts should be revitalised and empowered.

Development should not override constitutional environmental obligations.

Critically examine how recent judicial trends reflect a shift in India’s environmental jurisprudence. Discuss the constitutional implications of prioritising development over ecological protection.

Source: The Hindu

GS 3: Defence and Security – Defence budgeting, defence procurement, indigenisation

Context:

The article analyses the recent sharp increase in India’s defence budget and argues that while higher allocations are necessary, structural and procedural inefficiencies in defence planning, procurement, and research must be urgently reformed to translate spending into real military capability.

Detailed Analysis:

A Significant Budgetary Push

The defence budget has recorded its first double-digit growth in a decade.

Defence spending has reached about 2% of GDP, signalling strategic intent amid a volatile global order.

Capital expenditure has increased sharply, reversing years of neglect and indicating a clear focus on modernisation.

The Positives in the Allocation

Capital expenditure has grown by over 22%, outpacing revenue expenditure.

Indian Air Force received a substantial hike for aircraft and capability upgrades.

Indian Army allocations increased for heavy vehicles and weapon systems.

Indian Navy, despite a modest increase, benefits from earlier success in indigenisation and fund absorption.

Defence exports have risen significantly, reflecting growing domestic production capacity.

Hidden Constraints Despite Higher Spending

Depreciation of the rupee has increased the cost of imported capital equipment.

Pension expenditure continues to consume a sizeable share of the defence budget.

A portion of the “double-digit” increase is offset by inflation and currency effects.

Bureaucracy and Procurement Delays

Nearly 75% of capital acquisition is earmarked for domestic industry, including private players.

The L1 (lowest cost) procurement rule disadvantages innovation and technology-intensive firms.

Long delays plague major projects:

Project 75 submarines approved in 1997 with deliveries expected only in the mid-2030s.

Rafale aircraft, conceptualised in the 1990s, delivered only by 2019–20.

In FY2024–25, the Ministry of Defence returned ₹12,500 crore due to delayed procurement.

Need for Structural Financial Reform

Repeated calls for a Non-Lapsable Defence Modernisation Fund remain unimplemented.

Annual budgeting encourages under-spending rather than long-term capability planning.

Financial convenience is prioritised over operational readiness.

R&D: The Weakest Link

Defence R&D remains fragmented and scattered across institutions.

India’s overall R&D spending is about 0.66% of GDP, far below advanced economies.

Private sector participation in defence R&D is minimal.

Despite increased funding to DRDO, research outcomes rarely translate into deployable capabilities.

Countries like Japan and Australia allocate significantly higher shares to defence and innovation.

Defence as an Engine of Growth

Defence spending should not be seen through a “guns versus butter” lens.

Indigenisation has a strong employment multiplier effect, especially in shipbuilding and ancillary industries.

Defence manufacturing supports broader initiatives like border infrastructure and vibrant villages.

The budget should align with the vision of a $30 trillion economy under Viksit Bharat.

Suggestions of the Author:

Reform defence procurement rules to prioritise innovation over lowest cost.

Implement a Non-Lapsable Defence Modernisation Fund for long-term planning.

Integrate and unify defence R&D with stronger private sector participation.

Reduce bureaucratic delays through clearer timelines and accountability.

Treat defence expenditure as a growth-enabling investment, not merely a cost.

UPSC Mains Question:

Increased defence expenditure alone cannot ensure military preparedness. Examine the structural and procedural challenges in India’s defence procurement and R&D ecosystem and suggest reforms to address them.

Source: The Hindu

 

 

GS 3: Indian Economy – External trade, Free Trade Agreements, International economic relations

Context :

India and the six-nation Gulf Cooperation Council have signed the Terms of Reference (ToR) to begin negotiations on a Free Trade Agreement, marking a formal step towards deeper economic integration.

Key Points:

Signing of Terms of Reference

ToR signed by India and the Gulf Cooperation Council (GCC).

It is the mandatory precursor to the start of formal FTA negotiations.

Signed by India’s chief negotiator and the GCC Secretariat representative.

GCC Countries Involved

Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE.

GCC collectively forms India’s largest merchandise trade partner group.

India’s trade with GCC exceeds that with the EU and the U.S.

Rationale for the FTA

Aim to create a robust trading arrangement.

Enable free flow of goods and services.

Provide policy predictability and stability to businesses.

Encourage greater investment flows between India and GCC nations.

Expected Economic Benefits

Expansion of India’s export markets, especially for labour-intensive sectors.

Opportunities for Indian workforce in GCC countries.

Access to investments already committed by GCC nations at different stages.

Support for diversification and growth of India’s energy sources.

Strategic and Long-term Significance

Strengthens India’s economic engagement with West Asia.

Enhances India’s role in global and regional supply chains.

Aligns with India’s broader FTA strategy to boost trade competitiveness.

Additional Points:

Negotiations are being led under the Ministry’s trade policy framework.

The FTA is expected to complement India’s existing agreements with the UAE.

Focus areas likely include goods, services, investments, and trade facilitation.

UPSC Prelims Practice Question:

Question:

With reference to the India–GCC Free Trade Agreement negotiations, consider the following statements:

1.Signing of the Terms of Reference is required before formal FTA negotiations begin.

2.The Gulf Cooperation Council consists of six member countries.

3.The GCC as a group is India’s largest merchandise trade partner.

Which of the statements given above are correct?

Options:

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Correct Answer: (d) 1, 2 and 3

Explanation:

The Terms of Reference initiate formal FTA talks, the GCC has six member countries, and collectively the GCC is India’s largest merchandise trade partner.

Source: The Hindu

 

SC flags States’ preference for ‘ad-hoc’ DGP appointments