08 November 2025 Indian Express Editorial


What to Read in Indian Express Editorial( Topic and Syllabus wise)

Editorial 1: Drawing the Red Line: Supreme Court’s Reinforcement of Liberty Through Procedural Justice

Context:

The Supreme Court’s landmark judgment reinforcing personal liberty by making written communication of arrest grounds mandatory to curb arbitrary arrests.

Introduction:

In a crucial and far-reaching ruling, the Supreme Court of India has drawn a clear line against arbitrary arrests by directing that the police must communicate the grounds of arrest in writing, in a language the arrested person understands, and within a reasonable time at least two hours before being produced before a magistrate.
The judgment, delivered by a Bench led by Chief Justice B. R. Gavai, is not confined to special legislations like the Prevention of Money Laundering Act (PMLA, 2002) or the Unlawful Activities (Prevention) Act (UAPA, 1967) but extends to all offences under general criminal law.

This ruling reinforces the constitutional guarantee of personal liberty and aims to prevent misuse of arrest powers by law enforcement authorities.

Constitutional Basis:

The judgment strengthens two core constitutional protections:

  • Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • Article 22(1): Mandates that an arrested person must be “informed, as soon as may be, of the grounds for such arrest.”

The Court clarified that this is not a procedural technicality but a mandatory constitutional safeguard that lies at the heart of personal liberty.

Key Features of the Ruling:

  • Written Communication Mandatory: The grounds of arrest must be provided in written form, not merely read out orally.
  • Language Requirement: It must be in a language comprehensible to the arrestee, ensuring meaningful understanding.
  • Timeline: Must be provided at least two hours before the individual is produced for remandbefore a magistrate.
  • Judicial Verification: The magistrate is required to verify that the accused received and understood the written communication.
  • Legal Consequence: Failure to comply will render the arrest or remand illegal, protecting individuals from unlawful detention.

Historical Context and Judicial Evolution:

  • Although the requirement to inform an arrested person of the grounds for arrest existed in law for decades, it was often treated as a mere formality.
  • In Pankaj Bansal vs. Union of India (2023), the Supreme Court first insisted that under PMLA, written communication was mandatory.
  • This new ruling extends that safeguard universally, even to cases under ordinary laws like the Bharatiya Nyaya Sanhita (BNS), 2023, replacing the IPC.
  • It thus marks an evolution in procedural fairnessand ensures consistency in all arrests.

Rationale and the Court’s Observations:

The Court emphasised that arrest is not merely a physical act but carries grave social, economic, and psychological consequences.

  • It affects a person’s family life, career, and reputation.
  • The stigma attached to arrestoften lasts even after acquittal.
  • Hence, ensuring transparency and accountabilityin the process is essential.

The Court noted that when police act without adequate procedural safeguards, it undermines both public trust in the justice system and constitutional morality.

Implications for Stakeholders:

  • For Police:
    • They must prepare written arrest memoswith clear and specific grounds.
    • Translation into regional languages will often be necessary.
    • Police manuals and training modules will require urgent updates.
  • For Magistrates:
    • Must scrutinise compliancebefore granting remand.
    • Non-compliance should lead to refusal of police custody.
  • For Citizens:
    • Strengthens the right to knowand the right to legal counsel.
    • Offers a tangible safeguard against arbitrary or politically motivated arrests.
  • For the Justice System:
    • Promotes greater transparencyand discipline in arrest procedures.
    • Helps curb misuse of stringent laws by ensuring written justification.

Implementation Challenges:

Despite its clarity, the ruling faces practical hurdles:

  • Police Awareness and Training:Many officers may not be familiar with legal nuances, leading to partial compliance.
  • Language Barriers:India’s linguistic diversity may complicate immediate translation of written grounds.
  • Administrative Burden:Increased paperwork and procedural delays could arise without digital or structural reforms.
  • Judicial Oversight:Consistent enforcement will depend on magistrates actively checking compliance.

Broader Legal and Democratic Significance:

  • This ruling reaffirms the judiciary’s role as a guardian of civil liberties.
  • It sends a strong message that liberty cannot be compromised for administrative convenience.
  • By mandating written communication, the Court enhances transparency, accountability, and procedural justicepillars essential for a democratic society governed by the rule of law.

Conclusion:

The Supreme Court’s decision marks a significant leap in safeguarding personal liberty.
By making written, intelligible, and timely communication of arrest grounds compulsory for all offences, the Court has closed a long-standing procedural gap that often enabled arbitrary arrests.

However, the true test will lie in implementation in police stations, courtrooms, and day-to-day law enforcement.
If enforced earnestly, this “red line” drawn by the Supreme Court will not only strengthen individual freedoms but also elevate India’s criminal justice system towards greater fairness, transparency, and constitutional fidelity.

 

Editorial 2: Climate Justice at COP 30

Context:

COP 30 must prioritise climate justice and protect the world’s most vulnerable from worsening climate impacts.

Introduction:

The upcoming COP 30 the 30th session of the United Nations Framework Convention on Climate Change (UNFCCC) taking place in Belém, Brazil, marks a milestone in global climate diplomacy. The editorial argues that this summit must prioritise the world’s most vulnerable communities and countries by addressing both mitigation (cutting greenhouse-gases) and adaptation (coping with climate impacts) together, especially with the 1.5 °C warming goal still under serious threat.

Why the Vulnerable Must Be Prioritised:

  • Vulnerable populations such as people in Least Developed Countries (LDCs), Small Island Developing States (SIDS), forest-dwelling communities, smallholder farmers, fisherfolk and Indigenous peoples bear the bruntof climate change despite having contributed little to the problem.
  • The editorial emphasises how extreme weather events (floods, tropical cyclones, heatwaves) are already increasing in frequency and severity, threatening lives, livelihoods, food-security, health and development gains.
  • It underscores the notion of climate justice: those who are least responsible often face the highest costs, and thus must be placed front and centre in any global climate agenda.

Key Issues for COP 30:

The editorial indicates the following as priority issues:

  • Closing the finance gap for adaptation and loss & damage: Developing countries are estimated to need hundreds of billions of dollars per year to adapt, yet current financing is far lower. For example, one estimate says about US $310 billion annually will be needed by 2035 for adaptation alone.
  • Making mitigation commitments meaningful: While renewables are rising, fossil-fuel use remains high; current policies still steer the planet towards ~2.3-2.7 °C of warming instead of 1.5 °C.
  • Equitable mechanisms to mobilise finance: The summit must produce a roadmap (“Baku-to-Belém”) to scale up climate finance to US $1.3 trillion per year by 2035, including at least US $300 billion led by developed countries.
  • Strengthening local and community-led adaptation: The editorial stresses investment in early-warning systems, resilient infrastructure, agro-ecological practices, and inclusive decision-making for vulnerable groups.

India’s Stakes and Perspective:

For India, being both a large developing country and one of the more climate-vulnerable major economies, COP 30 has several implications:

  • India must press for greater access to adaptation finance and technology supportso, that its climate action isn’t handicapped by resource constraints.
  • At the same time, India must continue enhancing its mitigation efforts (renewables growth, energy efficiency, phasing out inefficient fossil-fuel use) to align with global efforts.
  • The summit offers India the chance to promote its agenda of “climate justice” advocating that developed countries fulfil their historic obligations in terms of finance and technology transfer.
  • India may leverage COP30 to enhance cooperation in areas such as resilient agriculture, water security, forest and biodiversity conservation domains where it has both needs and comparative strengths.

Challenges and Risks:

The editorial cautions that COP 30 faces serious obstacles:

  • Much of the ambition-finance gapremains unbridged; current commitments are far below what is needed.
  • Developing countries may continue to be under-representedin the negotiations, especially smaller and more vulnerable states whose delegation capacities are weaker.
  • Risk of implementation shortfall: Even if commitments are made, the mechanism for tracking, verifying and delivering (especially adaptation and loss & damage) remains weak.
  • Without substantive progress, global trust in multilateral climate process may erode, weakening future cooperation.

Way Forward:

Based on the editorial and supporting sources, the following actions are emphasised:

  • At COP 30, adopt clear, time-bound road-mapsfor finance, adaptation and loss & damage, not just broad statements.
  • Prioritise grant-based, concessional financerather than loans, so vulnerable countries are not saddled with further debt.
  • Establish robust indicators and monitoring frameworksfor adaptation (part of the Global Goal on Adaptation) so actions and funds are tracked and deliver outcomes.
  • Mobilise private-sector investmentby blending concessional public finance with investment-grade opportunities, thereby expanding the pool of resources.
  • Embed community-led, local level resilienceinto national plans — recognise the value of Indigenous knowledge, gender-responsive adaptation, and small-scale producers.
  • Ensure that the principle of “common but differentiated responsibilities”remains respected: developed nations should lead in mitigation and finance, while developing nations pursue sustainable growth empowered by support.

Conclusion:

In conclusion, the editorial emphasizes that COP 30 is not merely another summit; it is a crucial juncture for climate action where the survival and well-being of the most vulnerable hinge on decisions taken. If COP 30 can deliver stronger finance, clearer mechanisms, fairer burden-sharing and inclusive adaptation measures, it could mark a turning point. Conversely, failure to act risks further entrenching inequalities, undermining development and pushing vulnerable populations into deeper crisis. For India and other developing countries, the summit offers both a challenge and an opportunity to align climate ambition with justice, equity and resilience.

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