Why in news?

A recent Punjab and Haryana High Court judgment has reaffirmed that while government employees do not have a guaranteed right to promotion, they do have a fundamental right to be fairly considered for promotion if they meet eligibility criteria.

The ruling highlights an important constitutional principle in public employment: authorities must ensure fair, timely, and non-arbitrary evaluation of eligible candidates. The case also shows how this right is often violated in practice, bringing attention to gaps between legal safeguards and actual implementation.

What’s in Today’s Article?

• Background: Case of Denial of Promotion Consideration
• Constitutional Basis of the Right
• Judicial Interpretation in Practice
• Conclusion

Background: Case of Denial of Promotion Consideration

• Kulwant Singh, a junior engineer, approached the court after being excluded from a Departmental Promotion Committee (DPC), which evaluates candidates for promotion.
• The government claimed he was ineligible due to a distance-learning diploma.
• However, the High Court found that the government had misinterpreted its own amended rules, which exempted existing employees like Singh from this requirement. As a result, his case was never considered by the DPC.
• The court held that this amounted to a violation of his fundamental right to be considered for promotion.
• It directed the government to grant him a notional promotion with retrospective effect and mandated that DPC meetings be held every three months.

Constitutional Basis of the Right

• The right to be considered for promotion is rooted in Articles 14 and 16(1) of the Constitution, which guarantee equality before law and equal opportunity in public employment.
• Courts have interpreted “employment” broadly to include not just entry into service, but also career progression, making fair consideration for promotion a constitutional requirement.
• Distinction Between Consideration and Promotion
  • The Supreme Court clarified in 1991 (Lift Irrigation Corporation case) that there is no fundamental right to promotion itself.
  • However, every eligible employee has a right to be considered for promotion in accordance with applicable rules whenever a vacancy arises.
• Judicial Reinforcement of the Principle
  • This principle was reaffirmed by a five-judge Constitution Bench in the 1999 Ajit Singh vs State of Punjab case.
  • The Court held that any employee who meets eligibility criteria and falls within the zone of consideration has a fundamental right to be considered for promotion.
• Violation of the Right
  • The Court further clarified that if an eligible employee is not considered for promotion, it amounts to a clear violation of their fundamental right, as this right is a personal and enforceable constitutional guarantee.

Judicial Interpretation in Practice

• The application of the right to be considered for promotion has been consistently shaped by court rulings.
• In July 2024 (Bihar State Electricity Board vs Dharamdeo Das), the Supreme Court reaffirmed that while this right is fundamental, there is no vested right to promotion from the exact date a vacancy arises.
• The Court rejected a claim for backdated promotion, noting that administrative delays can justify deviations.
• High Courts have increasingly invoked this principle to address delays in holding Departmental Promotion Committee (DPC) meetings, which often stall career progression.
• Courts have recognised that prolonged inaction can effectively deny employees their fundamental right.
• Key High Court Interventions
  • In December 2025, the Himachal Pradesh High Court directed the state to expedite DPC proceedings for senior lecturers nearing retirement, emphasising that this right cannot be defeated by unnecessary delays.
  • Similarly, in 2022, the Manipur High Court granted notional promotions to police inspectors who were eligible since 2007 but were promoted only in 2021, acknowledging the loss of career advancement due to state inaction.
  • The Delhi High Court (2024) stressed the importance of regularly convening DPCs to ensure eligible employees are considered on time.
    • It highlighted that delays not only harm employees but can also affect administrative efficiency.

Conclusion

While promotion itself is not guaranteed, courts have made it clear that timely and fair consideration is a fundamental right, and administrative delays cannot be used to undermine it.

Why in News?

India has inducted its third nuclear-powered ballistic missile submarine (SSBN), INS Aridhaman, along with the stealth frigate INS Taragiri at Visakhapatnam. There has been no formal announcement of its commissioning.

The quiet induction of INS Aridhaman follows the same pattern as earlier Arihant-class submarines—INS Arihant (2016) and INS Arighaat (2024).

Its addition is significant as it strengthens India’s sea-based nuclear deterrence, a crucial component of the country’s strategic defence capability.

What’s in Today’s Article?

• Induction of INS Aridhaman
• Features of INS Aridhaman
• Origins of India’s Nuclear Submarine Programme
• Future Submarine Plans of India
• India’s Submarine Strength and Operational Capacity

Induction of INS Aridhaman

• India has inducted its third nuclear-powered ballistic missile submarine (SSBN), INS Aridhaman, significantly enhancing its sea-based nuclear deterrence.
• With this induction, India now has three operational SSBNs, marking a major milestone in its strategic capabilities.
• Enhanced Capabilities of the Submarine
  • INS Aridhaman is an indigenous SSBN designed to carry a greater number of long-range nuclear-tipped missiles compared to its predecessors—INS Arihant (commissioned in 2016) and INS Arighaat (2024).
  • This advancement strengthens India’s ability to maintain a credible deterrent.
• Strengthening India’s Nuclear Triad
  • The induction further consolidates India’s nuclear triad, which refers to the capability to launch nuclear weapons from land, air, and sea.
    • Land-based systems: Agni series missiles
    • Air-based systems: Fighter aircraft like Rafale, Su-30MKI, and Mirage 2000
    • Sea-based systems: SSBNs like INS Aridhaman
  • India joins a select group of countries—the US, Russia, China, and France—that possess such capability.
• Second-Strike Capability and Deterrence
  • India follows a “No First Use” nuclear doctrine, meaning nuclear weapons are intended only for deterrence and retaliation.
  • In this context, SSBNs play a critical role by ensuring a second-strike capability.
  • Even if an adversary targets India’s land and air bases in a first strike, SSBNs operating stealthily at sea can launch a retaliatory nuclear attack, thereby maintaining credible deterrence.

Features of INS Aridhaman

• 
• INS Aridhaman is a 7,000-tonne nuclear-powered submarine equipped with eight vertical launch tubes, nearly double that of its predecessors.
• This allows it to carry a larger number of nuclear-capable missiles.
• It is powered by upgraded nuclear reactors, enabling it to remain submerged for months without surfacing, significantly improving stealth and survivability.
• The submarine can deploy:
  • K-15 SLBMs with a range of over 700 km
  • K-4 SLBMs with a range of around 3,500 km
• This combination enhances India’s ability to strike targets at varying distances.
• India is also building a fourth SSBN, expected to be larger and capable of carrying more K-4 missiles, further strengthening the country’s sea-based nuclear deterrent.

Origins of India’s Nuclear Submarine Programme

• India’s nuclear-powered submarine project began over three decades ago, involving collaboration between the DRDO, private industry, and technical assistance from Russia.
• The aim was to build an indigenous sea-based nuclear deterrent.
• INS Arihant: The First Milestone
  • INS Arihant, launched in 2009 and commissioned in 2016, became India’s first nuclear-powered submarine, giving the country a maritime nuclear strike capability for the first time.
  • In 2018, Arihant completed its first deterrence patrol, marking the operationalisation of India’s nuclear triad.
  • Later, in October 2022, it successfully launched a submarine-launched ballistic missile (SLBM) in the Bay of Bengal with high accuracy.
• INS Arighaat: Technological Advancement
  • The induction of the 6,000-tonne INS Arighaat in 2024 further strengthened India’s nuclear strike capability.
  • It is considered more technologically advanced than Arihant, incorporating improved design, engineering, and manufacturing techniques.
  • Its construction involved advanced R&D, specialised materials, complex engineering processes, and skilled workmanship, reflecting India’s growing expertise in submarine technology.
• Nuclear Propulsion and Stealth Capability
  • Both INS Arihant and INS Arighaat are powered by 83 MW pressurised light-water nuclear reactors, enabling them to remain submerged for long durations and operate with greater stealth compared to conventional diesel-electric submarines.
  • Together, these submarines form the backbone of India’s sea-based nuclear deterrent, enhancing survivability, stealth, and second-strike capability as part of the country’s broader nuclear strategy.

Future Submarine Plans of India

• India is expanding its underwater capabilities through multiple initiatives.
• It is pursuing a nuclear-powered attack submarine (SSN) programme, under which two SSNs will be built indigenously, while one submarine will be leased from Russia, expected by 2027–28, to bridge immediate capability gaps.
• Additionally, India is close to finalising the Project-75I submarine deal with Germany, where ThyssenKrupp Marine Systems will collaborate with Mazagon Dock Shipbuilders Ltd to build six advanced conventional submarines with Air Independent Propulsion (AIP) technology in India.
• However, there is still uncertainty regarding the acquisition of three additional Scorpene-class submarines.

India’s Submarine Strength and Operational Capacity

• India currently operates 16 conventional submarines, in addition to its SSBN fleet.
• These include six Kalvari-class submarines built with France’s Naval Group, four Shishumar-class, and seven Kilo (Sindhughosh)-class submarines.
• While the Navy is authorised to maintain a fleet of 18 submarines, about 30% are typically under refit at any given time, reducing the number of operational submarines available.
• In comparison, the United States operates 14 Ohio-class SSBNs and 53 attack submarines, while China has around 12 nuclear submarines, including six nuclear-powered attack submarines, highlighting the capability gap India aims to bridge.

Context

• The decade from 2016 to 2026 represents a period of significant transformation in Kerala’s economic and social landscape.
• Despite operating under considerable challenges, the State has achieved remarkable progress across multiple sectors.
• By sustaining a formal planning process and prioritising inclusive development, Kerala has emerged as a distinctive model that combines economic growth with social justice and democratic participation.

Economic Growth and Planning Framework

• Kerala has distinguished itself as the only Indian state to continue a structured planning process after the dissolution of the Planning Commission.
• This approach enabled the State to increase capital expenditure from 2017 onwards, in contrast to the declining trend observed in many other states.
• The State’s growth rates have remained comparable to, and in some years higher than, the national average.
• Development has been broad-based, with all sectors experiencing expansion.
• Special attention has been given to marginalised communities, as reflected in the allocation of funds for Scheduled Castes (SC) and Scheduled Tribes (ST), which consistently exceeds their population share.

Kerala’s Development Trajectory

• Infrastructure Development and Institutional Innovation
  • Infrastructure expansion has been driven by innovative mechanisms such as the Kerala Infrastructure Investment Fund Board (KIIFB), which has financed over 1,200 projects.
  • Local governments have evolved into key agents of economic growth, complementing their traditional participatory role.
  • Institutional innovation is further evident in the creation of Kerala Bank through the consolidation of district cooperative banks.
• Advancements in Education
  • The State has achieved universal elementary education with zero dropout rates at the preparatory and middle-school levels.
  • Dropout rates among SC/ST students are also among the lowest in India.
  • The State’s transition to becoming India’s first fully digital school education system highlights its commitment to modernisation.
  • In higher and technical education, reforms in governance and curriculum, combined with strong public investment, have improved institutional performance and national rankings.
• Public Health Achievements
  • The State has achieved an infant mortality rate of just five per 1,000 live births, outperforming many developed countries.
  • Major initiatives such as the Aardram Mission and Karunya Arogya Suraksha Padhathi have strengthened health infrastructure and expanded access to affordable care.
  • The system’s resilience was demonstrated during crises such as the Nipah outbreaks and the COVID-19 pandemic.
• Poverty Alleviation and Housing
  • Housing initiatives, particularly the LIFE Mission, have played a critical role, with over five lakh houses constructed for the poor.
  • These efforts have set new standards for inclusive welfare and improved living conditions, reflecting the State’s commitment to equitable development.

Some Other Aspects of Kerala’s Development

• Gender Development and Social Inclusion
  • Programmes such as Kudumbashree have empowered women through collective action, livelihood generation, and local economic development.
  • Social inclusion is further reinforced through targeted policies for children, the elderly, and persons with disabilities.
  • The introduction of an Elderly Budget and expanded pension coverage demonstrates a comprehensive approach to welfare.
• Social Justice and Welfare Systems
  • The Public Distribution System (PDS) covers nearly all households, ensuring food security and stabilising prices through active market intervention.
  • Allocations for vulnerable groups, including persons with disabilities, have increased significantly.
• Industrial Growth and Technological Advancement
  • The State has witnessed expansion in MSMEs, modern industries, and industrial infrastructure.
  • Public sector undertakings have also shown improved performance.
  • The growth of the startup ecosystem has been particularly notable, with a substantial increase in ecosystem value.
  • Initiatives such as recognising internet access as a basic right and implementing K-FON have supported the transition towards a knowledge-based economy.
• Infrastructure and Connectivity
  • Major projects such as the Hill Highway, expanded national highways, and the Kochi Metro have reduced travel time and enhanced mobility.
  • Innovative projects like the Kochi Water Metro demonstrate sustainable transport solutions.
  • The commissioning of the Vizhinjam International Deep-Water Seaport represents a major milestone in trade infrastructure.

Fiscal Constraints and Challenges

• Despite its achievements, Kerala faces significant fiscal challenges due to structural imbalances in the federal system.
• The centralisation of taxation under the Goods and Services Tax (GST), reduced fiscal transfers, and restrictive borrowing limits have constrained the State’s financial capacity.
• The increasing reliance on conditional grants has further limited fiscal autonomy and reduced policy flexibility.
• These challenges pose a threat to the sustainability of Kerala’s development model.

Conclusion

• Kerala’s development trajectory from 2016 to 2026 presents a comprehensive model of inclusive and sustainable growth.
• By integrating economic progress with social justice, human development, and democratic governance, the State has established itself as a unique example within India and globally.
• However, sustaining this model requires addressing fiscal constraints and preserving the principles of cooperative federalism.
• Kerala’s experience offers valuable lessons for policymakers, demonstrating that equitable growth and economic advancement can go hand in hand.

Why in the News?

• The Parliament has passed amendments to the Insolvency and Bankruptcy Code (IBC) to address delays and improve resolution efficiency.

What’s in Today’s Article?

• IBC (Background, Issues, etc.)
• News Summary (IBC Amendments, Key Implications, Way Forward, etc.)

Insolvency and Bankruptcy Code

• The Insolvency and Bankruptcy Code (IBC), enacted in 2016, provides a time-bound framework to resolve the insolvency of companies, partnerships, and individuals.
• The objective is to either revive financially distressed firms through a resolution plan or liquidate them in an orderly manner if revival is not feasible.
• The process is overseen by the National Company Law Tribunal (NCLT), with the Insolvency and Bankruptcy Board of India (IBBI) acting as the regulator.
• The IBC marked a major shift from earlier fragmented laws by creating a creditor-driven process and enforcing strict timelines for resolution.

Issues in Implementation

• Despite its transformative intent, the IBC has faced several operational challenges over time.
• Delays in admission of cases have weakened the time-bound nature of the process.
• Backlog of cases in tribunals has increased resolution timelines beyond prescribed limits.
  Recovery rates for banks have remained modest in many cases.
• These challenges have reduced the effectiveness of the IBC and highlighted the need for further reforms.

News Summary

• The Insolvency and Bankruptcy Code (Amendment) Bill, 2026, has been passed to address structural gaps in the insolvency framework.
• The amendments aim to speed up the resolution process and introduce new mechanisms such as out-of-court resolution, group insolvency, and cross-border insolvency.
• One of the key changes relates to faster admission of insolvency applications. The NCLT is now required to admit applications once a default is established, without additional discretionary conditions.
• A major reform is the introduction of the Creditor-initiated Insolvency Resolution Process (CIIRP).
• This allows specified financial creditors to initiate insolvency proceedings outside the traditional court-driven process, provided at least 51% of creditors agree.
• The amendments also incorporate recommendations of the Select Committee, which suggested measures to reduce delays and improve oversight. These include stricter timelines for appellate decisions and enhanced powers for regulators.
• Another important reform is the introduction of group insolvency and cross-border insolvency frameworks. These aim to address complexities arising from interconnected companies and international operations.
• The amendments also seek to reduce conflicts of interest by preventing resolution professionals from acting as liquidators in the same case.
• Further, the law replaces certain criminal penalties with civil penalties for procedural violations, recognising that delays or non-compliance may not always involve malicious intent.

Key Implications

• The amendments are expected to significantly improve the efficiency of India’s insolvency framework.
• Faster admission of cases will reduce initial delays, which have been a major bottleneck.
• The introduction of out-of-court mechanisms will provide flexibility and reduce the burden on the tribunal.
• Group and cross-border insolvency provisions will align India’s framework with global best practices.
• The reforms are also likely to improve investor confidence by ensuring predictability and reducing litigation delays.

Performance of IBC So Far

• The IBC has achieved notable outcomes since its implementation.
• As of December 2025, 1,376 companies have been successfully resolved under the framework.
• Creditors have recovered approximately Rs. 4.11 lakh crore. Financial creditors have achieved recovery of over 34% of their claims.
• These figures indicate that while the IBC has improved recovery and credit discipline, there is still scope for enhancement.

Way Forward

• The recent amendments represent a step towards making the insolvency framework more efficient and responsive.
• However, sustained improvement will depend on strengthening institutional capacity, especially tribunals.
• Reducing litigation and ensuring strict adherence to timelines will be critical.
  Further clarity in cross-border insolvency rules will be necessary for effective implementation.
• A balanced approach that prioritises resolution over liquidation will help preserve enterprise value and support economic growth.

Context:

• In 2024, the Prime Minister of India, while addressing the Director Generals of Police conference, advocated replacing coercive enforcement (“danda”) with data-driven governance to prioritise citizens, dignity, and justice.
• This vision has culminated in the Jan Vishwas framework, aimed at large-scale decriminalisation of minor offences and improving ease of living and doing business.

The Jan Vishwas Project - Scope and Significance:

• Largest decriminalisation exercise:
  • It reviewed over 950 laws leading to removal of over 12,500 criminal compliance provisions.
  • It covers both citizens and enterprises, making it one of the world’s largest decriminalisation reforms.
• Key legislative and policy measures:
  • Passage of the Jan Vishwas Bill.
  • Amendments to the Companies Act.
  • Notification of Labour Codes.
  • Identification and removal of obsolete laws.
• Illustrative reforms:
  • Removal of jail provisions for ticketless railway travel, minor factory compliance issues (canteen distance, spittoons, registers), publishing and reporting lapses, and minor traffic violations.
  • For example, prescribing jail for cheque bouncing accounts for 43 lakh cases out of total 5-crore case backlog in courts.

Structural Problem - Over-Criminalisation of Compliance:

• Cascade effect of jail provisions:
  • A single criminal provision in a law can generate thousands of compliance requirements via subordinate legislation.
  • For example, the repealed Factories Act created more than 8,500 jail-linked compliances from one provision.
• Role of administrative State: Use of 21 regulatory instruments (notifications, circulars, SOPs, etc.), and creation of 41 types of compliance obligations (licenses, registers, inspections, etc.).
• Case study: Poultry farm guidelines (2021) used provisions under the Environment Protection Act 1986 to impose over 20 criminal liabilities for minor lapses.

Why Decriminalisation Matters?

• Inequality: Unenforced laws disproportionately harm the poor and unconnected, while the powerful evade consequences.
• Informality: Excessive regulation leads to disregard for rule of law. Only 10 lakh out of 7 crore enterprises contribute to social security.
• Corruption: It creates scope for rent-seeking and discretion in enforcement.
• Judicial burden: It contributes to India’s 5 crore pending cases, undermining access to justice.

Jan Vishwas Siddhant - 3-Phase Reform Strategy:

• Principle formulation: Focus on nature of offence (procedural vs serious harm), intent (malicious vs inadvertent), proportionality of punishment, and availability of civil penalties.
• Inventory creation: Identification of all criminal provisions across laws.
• Application of principles: Systematic removal or conversion to civil penalties.

Constitutional and Philosophical Dimensions:

• The distinction between “procedure established by law” and “due process of law”, influenced by Felix Frankfurter and Benegal Narsing Rau, enabled expansion of state power.
• Jan Vishwas represents a shift from niti (policy/control) to nyaya (justice/fairness), emphasising constitutional morality - liberty should not be curtailed casually.

Challenges and Limitations:

• Partial decriminalisation: Some ministries retain personal criminal liability for offences already covered under the Bharatiya Nyaya Sanhita.
• Bureaucratic resistance: Administrative tendency to expand regulatory control persists.
• Enforcement gaps: Laws often remain symbolic, neither enforced nor repealed.
• Lack of awareness: Businesses and citizens may not fully benefit without legal literacy and clarity.

Way Forward - Next Phase of Reforms:

• Digitisation: Reduce human discretion and improve transparency.
• Deregulation: Rationalise compliance burden further.
• Single source of truth: Unified, accessible database of all laws and rules.
• State-level replication: Adoption by State governments to ensure nationwide impact.
• Principles-based governance: Institutionalising proportionality and necessity in law-making.

Conclusion:

• The Jan Vishwas initiative marks a paradigm shift in governance—from a coercive, compliance-heavy state to one rooted in trust, proportionality, and justice.
• By pruning excessive criminalisation, it not only reduces judicial burden and corruption but also strengthens economic formalisation and citizen-state trust.
• However, its success hinges on sustained political will, administrative reform, and replication across states.
• Ultimately, prioritising nyaya over niti reflects a mature state that governs not by fear, but by legitimacy.