Pratidin
2015 · GS2 · 12.5 marksMains

To achieve the desired objectives, it is necessary to ensure that the regulatory institutions remain independent and autonomous. Discuss in the light of experiences in the recent past.

Question source: superkalam.com

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Current affairs to use in your answer

RBI's listing rule for large NBFCs and the Tata Sons debate · 28 September 2026 · Covers one part · use it in the example

Use the RBI's refusal to exempt Tata Sons as a current example of a regulator applying its rules to a powerful group, while noting the case for proportionate regulation.

  • The RBI rejected Tata Sons' application to surrender its Core Investment Company registration, which would have taken it out of the rule that Upper Layer NBFCs must list.
  • Critics, including an Indian Express op-ed, argue forced listing is normally used against monopolies or anti-competitive firms, and note Tata Sons repaid its debts in 2024.
  • Balanced reform: publish clear criteria for exit from the Upper Layer and for CIC surrender, so regulatory independence is matched by predictability.
Supreme Court ties Bar Council of India's policy decisions to the AG and SG · 3 September 2026 · Covers one part · use it in the example

Use the BCI case to show the tension between a self-regulator's autonomy and its accountability, and how courts impose interim checks.

  • On 2 September 2026, a Bench led by CJI Surya Kant directed that the Attorney General and Solicitor General be 'actively associated with every policy decision' of the BCI until it is reconstituted.
  • Petitions challenge a 2025 notification giving the Chairman a five-year tenure against the two-year term in Rule 12(2) of the BCI Rules; allegations about the PEARL-FIRST trust remain unproven.
  • The Court set a timetable to reconstitute State Bar Councils and enforce its 8 December 2025 order reserving 30% of seats for women.
Supreme Court: Bar Councils have no power to discipline law students · 4 September 2026 · Covers one part · use it in the example

Use the BCI ruling to argue that regulatory autonomy must operate within statutory limits enforced by courts.

  • On 3 September 2026, a Bench of CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana held the Advocates Act, 1961 gives Bar Councils no power to discipline law students.
  • The BCI's 13 August 2026 communications barring enrolment of NALSAR's 2026 batch were declared 'without any authority of law' (Mihira Sood v. Bar Council of India).
  • The BCI's role under Section 7 covers standards of conduct and legal education; disciplinary power under Section 35 begins only over enrolled advocates.
Centre tightens e-commerce rules: prior price, origin labels and a 48-hour grievance clock · 12 September 2026 · Covers one part · use it in the conclusion

The amended rules depend on the CCPA's capacity to audit platforms, letting you argue that regulators need staff, data powers and independent audits, not just new rules.

  • The CCPA was set up under Section 10(1) of the Consumer Protection Act, 2019; the amended e-commerce rules take effect from 1 January 2027.
  • Platforms must self-audit annually and display a compliance certificate under the Dark Patterns Guidelines, 2023, so firms certify their own compliance.
  • The real test is whether the CCPA can check compliance across thousands of sellers and apps; suggest random third-party audits and technical staff and data-access powers for the CCPA.
Centre issues rules creating a National Tribunals Commission to select tribunal members · 3 October 2026 · Covers one part · use it in the example

Use the National Tribunals Commission as a recent example of building an independent selection mechanism for quasi-judicial bodies, and of the limits of autonomy granted through executive rules.

  • The NTC has a chairperson and four members (two judicial, two technical) and will select chairpersons and members for 16 tribunals and appellate bodies, aiming at independence, transparency and uniformity.
  • Recruitment must begin at least six months before a vacancy arises, with search-cum-selection committees using expert evaluation, personal interaction and written exercises.
  • Concern: since its composition and pay are set out in executive rules, the government can amend them, so tenure and administrative support will decide its real autonomy.
Op-ed: Split verdict on the Election Commissioners Act exposes how the Supreme Court sits · 3 October 2026 · Covers one part · use it in the example

Use the dispute over the selection committee for Election Commissioners as a recent experience of the contest over keeping a key institution autonomous from the executive.

  • The 2023 Act's selection committee is the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister, replacing the CJI set by Anoop Baranwal.
  • A two-judge bench (Justices Dipankar Datta and Satish Chandra Sharma) split on whether Article 145(3) requires a five-judge bench, and referred the question to the CJI.
  • The op-ed notes Anoop Baranwal took eight years and warns delay can make decisions stale; it cites the Law Commission's 229th Report (2009) proposing a permanent Constitution Bench.
Op-ed: Over-regulation is stifling India's universities; one regulator may not fix it · 5 October 2026 · Covers one part · use it in the example

Use the VBSA Bill to show that regulatory reform is about separating functions and limiting micro-management, not only about independence.

  • The VBSA Bill, 2025 would replace UGC, AICTE and NCTE with one Commission and keep funding with the Education Ministry, separating funder from regulator.
  • UGC's 2018 regulations prescribe teacher workload down to a 40-hour week and 5 hours' daily presence, an example of input-based control.

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