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12 December 2025

Copyright Changes for AI | India’s Rising Education Costs | Madras HC Must Speak Out | Playing To The Gallery | National Security | India-US Trade Needs Stability | Vande Mataram, Vote Chori Row

COPYRIGHT CHANGES FOR AI

 

KEY HIGHLIGHTS

Context of the News

  • Govt plans to amend the Copyright Act, 1957 within three years to address AI-related challenges.
  • DPIIT released a working paper proposing blanket licensing for AI training data.
  • A second paper will examine copyrightability and authorship of AI-generated content.
  • NASSCOM and Big Tech expressed concerns over feasibility and legal inversion of burden of proof.

Key Points

  • Blanket Licensing: AI developers may scrape publicly available data; royalty payments routed via CRCAT after model commercialisation.
  • Publisher Compensation: Addresses global suits (NYT, ANI) demanding remuneration for training contributions.
  • Burden of Proof Issue: Big Tech warns proposal flips jurisprudence—copyright owners traditionally must prove infringement.
  • NASSCOM’s Stand: Favors an opt-out mechanism to reduce liability risks.
  • Upcoming Amendments: Will clarify legality of scraping, authorship of AI output, and royalty frameworks.

Static Linkages

  • Copyright is a statutory property right (Articles 19(1)(g) and 300A implications).
  • India adheres to Berne Convention, TRIPS, and WIPO treaties.
  • Indian law already uses compulsory/statutory licensing (e.g., Sec. 31D).
  • Data scraping intersects with privacy proportionality principles from Puttaswamy.

Critical Analysis

  • Pros
    • Creates legal clarity for AI training.
    • Ensures systematic remuneration to content owners.
    • Supports innovation by delaying royalty till commercialisation.
  • Cons
    • Burden-of-proof shift may be legally unsound.
    • Blanket model may restrict publisher autonomy.
    • Royalty distribution is technically difficult for probabilistic AI outputs.
  • Stakeholder Perspectives
    • Govt: seeks balance between innovation and rights protection.
    • Publishers: want compensation.
    • Tech Firms: fear compliance complexity.   
    • Startups: concerned about future costs.

Way Forward

  • Provide transparent opt-out/opt-in systems.
  • Establish AI transparency standards without forcing dataset disclosure.
  • Create strong CRCAT audit mechanisms.  
  • Align reforms with Digital India Act.
  • Expand public/open datasets and strengthen fair-dealing for research.

INDIA’S RISING EDUCATION COSTS

KEY HIGHLIGHTS

Context of the News

  • NSS 80th Round (2025) provides new data on school enrolment, fees, and private coaching.
  • Comes amid Article 21A (free education, 6–14 years) and NEP 2020 goal of universal education 3–18 years by 2030.
  • Despite “free” schooling, rising private enrolment + coaching costs strain households.

Key Points

  • Enrolment
    • National: 55.9% govt, 31.9% private unaided, 11.3% private aided.
    • Private enrolment: 51.4% urban vs 24.3% rural; marginal gender gap.
    • Urban private share declines with higher classes; rural remains lower throughout.
    • Compared to NSS 75th Round (2017–18), private enrolment has increased across levels.
  • Fees
    • Govt school annual fees:
    • Rural: ₹823–₹7,308; Urban: ₹1,630–₹7,704.
  • Private school annual fees:
    • Rural: ₹17,988–₹33,567; Urban: ₹26,188– ₹49,075.
  •  Monthly private-schooling cost ≈ MPCE of poorest 5% households (pre-primary); 3rd decile (higher secondary).
  • Private Tuition
    • Coaching: 25.5% rural, 30.7% urban; higher at upper levels.
    • Annual tuition expenditure: ₹7,066 rural, ₹13,026 urban.
    • Tuition dependency highest among private-school students.

Static Linkages

  •  Article 21A + 86th Amendment → Free education (6–14 yrs).
  • RTE Act 2009 → No fees, neighbourhood schools, PTR norms.
  • Entry 25, Concurrent List → Centre & States legislate on education.
  • NEP 2020 → Universalisation 3–18 yrs, school restructuring 5+3+3+4. 
  • DPSP Article 45 → Early childhood education.
  • Human Development → Education as social-sector investment.

Critical Analysis

  • Strengths
    • Higher private enrolment shows rising aspirations.
    • Tuition supplements weak instructional quality.
  • Concerns
    • High costs contradict the spirit of Article 21A.  
    • Tuition + fees deepen learning inequality.
    • Declining govt school enrolment undermines public systems.
    • Private sector quality often inconsistent; teachers underpaid.
  • Stakeholders
    • Parents: Seeking quality; facing financial stress.  
    • Govt: Pressure to revitalise public schools.
    • Private schools: Expanding but weak regulation.
    • Students: Unequal access to learning.

Way Forward

  • Strengthen public school quality (teachers, infrastructure, assessments).
  • Regulate private school fees; enforce RTE norms.
  • Expand early childhood education per NEP.  
  • Increase public expenditure to 6% of GDP.
  • Provide in-school remedial learning to reduce tuition dependency.
  • Improve monitoring: NAS, PARAKH, school- quality audits.

MADRAS HIGH COURT MUST SPEAK OUT

KEY HIGHLIGHTS
Context of the News
  • Madras High Court Collegium recommended six district judges and later nine advocates for elevation.
  • Tamil Nadu government sought clarification on Collegium composition, not candidate merit.
  • Justice J. Nisha Banu, though transferred to Kerala HC (not joined), remains senior enough to be part of Madras HC Collegium.
  • She was excluded, and the next senior judge, Justice M.S. Ramesh, was included.
  • The State asked for the legal basis for this substitution under Article 217 and the MoP; Collegium proceeded with further recommendations without answering.

Key Points

  • MoP mandates: CJI of HC + two seniormost judges form the Collegium.
  • Justice Nisha Banu maintains jurisdiction and seniority as she did not assume charge in Kerala HC.
  • Procedural deviation questions validity of the recommending authority itself.
  • Lack of clarity may create a constitutional friction between Judiciary and State Executive.
  • Revives debate on transparency, seniority norms, and accountability in Collegium functioning.

Static Linkages

  • Article 217 & 222 – Appointment and transfer of HC judges.
  • Second & Third Judges Cases – Collegium structure, primacy of judiciary
  • Institutional Integrity Doctrine – Decisions must follow proper procedure.
  • MoP – Executive–Judiciary framework guiding appointments.
  • Basic Structure – Judicial independence depends on procedural propriety.

Critical Analysis

  • Pros / Valid Concerns
    • Ensures procedural fidelity crucial for judicial independence.
    • Prevents arbitrariness in Collegium functioning.
    • Strengthens trust between branches of government.
  • Concerns / Risks
    • Unexplained exclusion threatens legitimacy of recommendations.
    • May reinforce criticisms of opacity and internal bias.
    • Possibility of appointments becoming void if the Collegium is invalidly constituted.
  • Stakeholders
    • State: Demands legality, clarity.
    • Judiciary: Must maintain autonomy with transparency.
    • Legal community & citizens: Require fairness, objectivity.

Way Forward

  • Provide written reasons for deviating from seniority.
  • SC should clarify MoP rules on transfers and non-joining judges.
  • Create clearer guidelines on Collegium composition.
  • Strengthen transparency through mandatory disclosures.
  • Consider an independent secretariat for appointments.
PLAYING TO THE GALLERY
KEY HIGHLIGHTS
Context of the News
  • Karnataka introduced a Bill to define and penalise hate speech and hate-motivated acts.
  • Aims to curb rising hostility, misinformation, and online/offline targeting of communities.
  • Critics warn of vague terms (“disharmony,” “hatred,” “ill will”) enabling misuse.
  • Global experience shows such laws often suppress dissent rather than protect groups.
  • Existing IPC provisions already cover threats to public order and incitement.

Key Points

  • Covers spoken, written, visual and electronic expressions made in public.
  • Defines hate speech very broadly; intention threshold unclear.
  • Protected grounds: religion, caste, gender, sexual orientation, etc.
  • Expands police discretion; heightens free- speech concerns.
  • Tension between Article 19(1)(a) and restrictions under Article 19(2).

Static Linkages

  • Article 19(1)(a) + reasonable restrictions under Article 19(2).
  • Shreya Singhal (2015): only imminent incitement to violence justifies restriction. 
  • IPC Sections 153A, 295A, 505 already address hate-based offences.
  • Rule of Law requires clarity and non- arbitrariness.
  • ICCPR: restrictions must be necessary and proportionate.

Critical Analysis

  • Pros
    • Acknowledges rising hate speech, digital radicalisation.
    • Offers legal recognition of hate-motivated acts.
    • Signals state commitment to protect vulnerable groups.
  • Cons
    • Overbroad definitions → high misuse potential.  
    • Encourages censorship and self-censorship.
    • Overlaps with existing IPC; creates over- regulation.
    • Contradicts Shreya Singhal standards.
    • Enables selective enforcement.

Way Forward

  • Narrow definitions based on imminent incitement.
  • Independent review bodies for complaints.
  • Police training on rights and digital forensics.
  • Prefer counter-speech, education, and better IPC enforcement.
  • Judicial oversight and periodic review of the law.

NATIONAL SECURITY

KEY HIGHLIGHTS

Context of the News

  • U.S. released its first NSS of Trump’s second term, projecting a roadmap to sustain American dominance.
  • Five priorities: ending mass migration, protecting core liberties, reducing U.S. global stabilisation role, pushing peace deals, and prioritising economic security.
  • NSS sharply criticises European allies, especially Germany, triggering concerns over NATO cohesion and regional stability.

Key Points

  • Reduced Global Policing: U.S. will no longer “prop up” the world order; allies expected to manage regional stability.
  • Economic Security Central: Focus on balanced trade, critical minerals, reindustrialisation, defence infrastructure, and energy dominance.
  • Migration Limits: Declares “era of mass migration has ended.”
  • European Rebuke: Claims Europe faces “civilizational decline”; Germany rejects U.S. criticism.
  • Risk Outlook: Weakening NATO unity may embolden authoritarian expansion.

Static Linkages

  • Collective security principles; NATO’s Article 5 structure.
  • Balance of Power theory in IR; role of hegemonic stability.
  • IEA definition of energy security: availability + affordability.
  • Trade protectionism cycles explained in classical economic theory.
  • UN frameworks on refugees and migration.

Critical Analysis

  • Pros
    • May open space for India in supply chains, manufacturing, digital finance cooperation.
    • Pushes Europe toward strategic autonomy; strengthens multipolarity.
    • Regional bodies may assume greater responsibility.
  • Cons
    • NATO instability risks Russian assertiveness; uncertainty for Indo-Pacific security.
    • U.S. unilateralism may weaken multilateral norms.
    • Strong migration rhetoric harms global refugee protections.
    • Burden-sharing could embolden autocrats to test territorial norms.
  • Stakeholder Views
    • EU: Sees NSS as undermining alliance trust.
    • Russia/China: View reduced U.S. commitments as opportunity.
    • India: Gains in economic domains; uncertainty in global security landscape.

Way Forward

  •  Strengthen India–EU cooperation; reduce strategic vacuum.
  • Build Indian capabilities in supply chains, semiconductors, minerals.
  • Expand multilateral platforms (Quad, IPEF).
  • Deepen India–U.S. defence and tech partnerships.
  • Promote balanced, rule-based approaches to migration and security.

INDIA- US TRADE NEEDS STABILITY

KEY HIGHLIGHTS

Context of the News

  • A senior US trade delegation is in New Delhi to explore a limited trade package.
  • India–US trade is ~$200 billion, yet lacks a formal agreement.
  • US has imposed ~50% cumulative tariffs on key Indian goods; India wants tariff rollback before any deal.
  • Frictions persist inagriculture access, digital trade, data localisation, and skilled mobility (H- 1B fee hike).
  • Both sides see scope for cooperation in energy, critical minerals, and tech supply chains.

Key Points

  • Tariffs & Market Access: US flags trade imbalance; threatens tariffs on Indian rice. India defends agri/dairy protection citing domestic sensitivities.
  • Regulatory Divergence: US sees India’s SPS and digital rules as barriers; India cites consumer safety & digital sovereignty.
  • Labour Mobility: Mobility remains a priority for India; US fee hikes add friction.
  • Energy: US LNG/crude can help India diversify from Russian dependence.
  • India’s Trade Shift: After exiting RCEP (2019), India prefers bilateral/minilateral deals aligned with China+1 strategy.
  • Deal Prospects: Early gains likely in low-cost, high-payoff sectors; deeper rule-making expected in 2026.

Static Linkages

  • Tariff & non-tariff barriers; WTO MFN & national treatment.
  • SPS/TBT principles; BoP-based tariff deviations.
  • FTA structures; data localisation & digital sovereignty.
  • Energy security and diversification.

Critical Analysis

  • Pros
    • Tariff rollback could boost Indian exports.
    • Strengthens Indo-Pacific strategic alignment.
    • Joint tech standards may shape regional supply chains.
    • Enhances India’s energy diversification.
  • Cons / Challenges
    • Agriculture/dairy opening risks farmer backlash.
    • Digital trade tensions persist.
    • Mobility disagreements remain structural.  
    • Election cycles may slow progress.
  • Stakeholders
    • US farm lobbies seek market diversification.  
    • Indian farmers resist subsidised US imports.
    • US tech firms oppose localisation; Indian startups support it.
    • Energy firms see long-term opportunities.

Way Forward

  • Phase-wise pact with modest early deliverables.
  • Joint framework on data governance & digital standards.
  • Dedicated mechanism for skilled mobility.
  • Expand energy cooperation, including long- term LNG ties.
  • Reduce SPS/TBT frictions through regulatory dialogue.
  • Co-develop Indo-Pacific standards in semiconductors & critical minerals.
  • Insulate negotiations from political cycles.

VANDE MATARAM, VOTE CHORI ROW

KEY HIGHLIGHTS

Context of the News

  • Parliament held rare, high-energy debates on ‘Vande Mataram’ and electoral reforms.
  • The national song debate was used to push themes of “decolonisation” and historic political contestation.
  • The electoral reform debate came amid concerns over voter roll revisions, EC independence, and funding transparency, but drifted into partisan allegations.

Key Points

  • ‘Vande Mataram’ discussion focused more on ideological positioning than historical clarity.
  • Electoral reform debate ignored substantive issues such as:
    • Transparency in political funding
    • EC autonomy and appointment process  
    • Voter roll verification
  • Opposition accused the government of institutional capture; government dismissed claims.
  • Both debates produced heat, not light, limiting reform prospects.

Static Linkages

  • Constituent Assembly’s non-constitutional acceptance of ‘Vande Mataram’.
  • Article 324: EC powers and independence.
  • Key Judicial Inputs: T.N. Seshan (EC autonomy), PUCL 2013 (voter rights).
  • Committees: Dinesh Goswami Committee, 2nd ARC on electoral reforms.
  • Parliamentary debate as core to deliberative democracy.

Critical Analysis

  • Pros
    • Revived public focus on institutional issues.
    • Provided a platform to revisit longstanding electoral reform gaps.
  • Challenges
    • Debates became political spectacles, undermining deliberation.
    • Symbolic politics overshadowed need for systemic electoral reform.
    • No bipartisan traction on funding transparency or EC independence.
  • Stakeholders
    • Government: Pushes ideological narrative.
    • Opposition: Highlights institutional concerns but lacks constructive engagement.
    • EC: Needs clarity, autonomy, and resource support.
    • Citizens: Expect credible elections and mature debate.

Way Forward

  • Strengthen EC autonomy and appointment process.
  • Enhance disclosure and tracking of political contributions.
  • Conduct independent audits of electoral rolls.
  • Establish a standing parliamentary committee on electoral reforms.
  • Improve debate quality through longer sittings and structured discussions.