UPSC Daily Current Affairs - 29th January 2026
Relevance:
GS Paper II (Polity & Governance)
Important Keywords
For Prelims:
- Governor’s Address, Article 176, Article 175, Article 163, Article 159, Motion of Thanks, Government of India Act, 1935, Provincial Autonomy, Federalism, Constitutional Morality
For Mains:
- Governor–State Relations, Limits of Gubernatorial Discretion, Parliamentary Democracy, Responsible Government, Cooperative Federalism, Centre–State Relations, Judicial Review, Constitutional Conventions
Why in News?
Recent actions by Governors in Opposition-ruled States—such as walking out of the Assembly or omitting parts of the cabinet-approved address—have sparked debate over the mandatory nature of Article 176, the limits of gubernatorial discretion, and the supremacy of the elected Council of Ministers in a parliamentary democracy.
Historical Background
Colonial Framework
- Section 63 of the Government of India Act, 1935 empowered the Governor to address the Provincial Legislature at his discretion.
- From April 1937, when provincial autonomy commenced, a convention developed:
- The Governor’s speech was prepared in consultation with the Council of Ministers.
- It set out the legislative and policy agenda of the elected provincial government.
Thus, even under colonial rule, discretionary authority began yielding to ministerial responsibility.
Constituent Assembly’s Understanding
While framing the Constitution, the Constituent Assembly consciously departed from the discretionary model of the 1935 Act. It was clearly understood that:
- The Governor would function as a constitutional head, not an autocratic authority.
- The address would reflect the policy of the elected Council of Ministers, not the Governor’s personal views.
- The Governor was expected to act as a neutral representative of the State as a whole, not as a political actor.
Constitutional Provisions Governing the Address
Article 176 – Mandatory Annual Address
- The Governor shall address the State Legislature:
- At the commencement of the first session after a general election, and
- At the commencement of the first session of every year.
- Key features:
- Mandatory constitutional duty
- Prepared by the Council of Ministers
- Outlines government achievements and policy roadmap
This address is also delivered when a new Assembly is constituted, allowing the newly sworn-in government to present its agenda to elected representatives and, through them, to citizens.
Article 175 – Discretionary Address
- The Governor may address either House or both Houses of the Legislature.
- This provision is optional and does not dilute the obligation under Article 176.
Article 163 – Aid and Advice
- Establishes that the Governor shall act on the aid and advice of the Council of Ministers, except where the Constitution expressly provides discretion.
- No such discretion is provided regarding the content or delivery of the Article 176 address.
Motion of Thanks on the Governor’s Address
Article 176 further requires the Legislature’s rules to provide time for discussion on matters referred to in the address. This occurs through the Motion of Thanks, during which:
- Ruling and opposition members debate the policies outlined.
- The House votes on the motion, ensuring legislative scrutiny and democratic accountability.
Judicial Interpretation of the Governor’s Role
The Supreme Court has consistently clarified the limited and ceremonial nature of the Governor’s authority:
- Shamsher Singh v. State of Punjab (1974)
A seven-judge Constitution Bench held that the Governor is a constitutional head and must act on the aid and advice of the Council of Ministers, except where the Constitution expressly grants discretion. Personal discretion in executive matters was ruled out. - Nabam Rebia v. Deputy Speaker (2016)
A five-judge Constitution Bench ruled that the Governor’s discretionary powers are strictly limited and explicitly defined. Functions under Articles 175 and 176 must be exercised on ministerial advice. - State of Tamil Nadu v. Governor of Tamil Nadu (2024)
The Court held that gubernatorial discretion cannot be used to stall, obstruct, or negate the functioning of an elected government.
Recent Instances Triggering the Debate
- Tamil Nadu:
Portions of the address were skipped in 2022 and 2023; since 2024, the Governor has not delivered the mandatory address under Article 176. - Kerala:
The Governor omitted selected paragraphs from the cabinet-approved policy address. - Karnataka:
The Governor delivered a brief statement instead of the prepared address and exited the joint session.
These actions represent a departure from settled constitutional conventions.
Arguments Regarding the Governor’s Discretion in Assembly Addresses
Arguments For Governor’s Discretion
- Constitutional Oath (Article 159):
The Governor must preserve and defend the Constitution and may resist reading content perceived as unconstitutional, factually incorrect, or undermining constitutional values. - Right to Dissent and Free Speech:
As a high constitutional authority, the Governor is not a mechanical functionary and may refuse to endorse content that attacks the office of the Governor. - Constitutional Silence:
Articles 175 and 176 do not explicitly require verbatim reading, leaving some interpretive space. - Representative of the Union:
As a constitutional link between Union and State, the Governor may feel responsible to prevent threats to national unity or federal integrity. - Avoiding Institutional Self-Contradiction:
Reading content contradicting earlier constitutional actions taken by the Governor may create institutional inconsistency.
Arguments Against Governor’s Discretion
- Aid and Advice Principle (Article 163):
Under the Westminster model, the Governor is a ceremonial head; real executive power lies with elected ministers. - Nature of the Address:
The address is a government policy statement, not the Governor’s personal opinion; altering it blurs accountability. - Erosion of Federalism:
Unilateral actions by a centrally appointed Governor encroach upon State autonomy. - Threat to Parliamentary Democracy:
Discretion in routine executive functions risks creating a parallel authority. - Legislative Privilege:
Interference undermines the Legislature’s right to debate and reject policy on the floor. - Judicial Remedy Exists:
Constitutional adjudication lies with courts, not individual constitutional authorities.
Committee Recommendations on the Governor’s Office
- Sarkaria Commission (1988):
Emphasised that the Governor must not act as an agent of the Centre and should function as a “lynchpin of cooperative federalism”, avoiding active politics. - Punchhi Commission (2007):
Recommended limiting additional roles (such as Chancellor of Universities) that expose Governors to political controversy and urged a focus on core constitutional duties.
Way Forward
- Codification of Conventions:
Strict adherence to parliamentary conventions where the head of state does not deviate from the approved speech. - Judicial Clarification:
Declaratory guidelines affirming that the Article 176 address is a mandatory constitutional function without discretionary scope. - Orientation and Capacity-Building:
Mandatory constitutional training for Governors on federalism, conventions, and judicial precedents. - Constructive Dialogue:
Pre-session consultation between Governors and Chief Ministers to resolve concerns privately. - Time-bound Communication Mechanism:
Governors should convey objections in writing within a fixed deadline; silence should imply concurrence.
Conclusion
The controversy over the Governor’s address highlights a fundamental constitutional question: the balance between the Governor’s oath-bound duty and the primacy of elected executive authority. Historical practice, constitutional text, Constituent Assembly intent, and Supreme Court precedent overwhelmingly limit gubernatorial discretion in Assembly addresses. Upholding constitutional morality, cooperative federalism, and parliamentary democracy requires that the Governor’s address remain a ceremonial articulation of elected government policy, not a platform for individual discretion.
UPSC PYQ
Which of the following are the discretionary powers given to the Governor of a State? (2014)
- Sending a report to the President of India for imposing the President’s Rule
- Appointing the Ministers
- Reserving certain Bills passed by the State Legislature for consideration of the President of India
- Making the rules to conduct the business of the State Government
Options:
- 1 and 2 only
- 1 and 3 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Answer: B
Explanation:
- Statement 1 – Correct
Sending a report to the President under Article 356 is a discretionary power of the Governor. - Statement 2 – Incorrect
Appointment of Ministers is done on the aid and advice of the Chief Minister, not at the Governor’s discretion. - Statement 3 – Correct
Reserving a Bill for the President’s consideration under Article 200 is a discretionary power. - Statement 4 – Incorrect
Rules for conducting the business of the State Government are made by the Council of Ministers, not by the Governor independently.
CARE MCQ
Q. Consider the following statements regarding the Governor of a State in India:
- A person must be at least 35 years of age to be appointed as a Governor.
- A sitting Member of Parliament or State Legislature can be appointed as Governor after taking oath.
- The Governor functions as both the constitutional head of the State and the representative of the Union Government.
- Holding an office of profit under the Union or State Government disqualifies a person from being appointed as Governor.
Which of the statements given above are correct?
- 1, 3 and 4 only
- 1 and 3 only
- 2 and 4 only
- 1, 2, 3 and 4
Answer: A
Explanation:
- Statement 1 – Correct
The Constitution prescribes 35 years as the minimum age for appointment as Governor. - Statement 2 – Incorrect
A Governor must not be a member of Parliament or a State Legislature at the time of appointment. - Statement 3 – Correct
The Governor has a dual capacity:- Constitutional head of the State
- Representative of the Union Government
- Statement 4 – Correct
Holding any office of profit disqualifies a person from being appointed as Gover
Relevance:
GS Paper II (Governance), GS Paper III (Cybersecurity, Digital Economy), Prelims (Acts, Institutions)
Important Keywords
For Prelims:
- International Data Privacy Day, Convention 108, Digital Personal Data Protection (DPDP) Act, 2023, DPDP Rules, 2025, Data Protection Board of India, CERT-In, I4C, Cyber Swachhta Kendra, Digital Public Infrastructure (DPI), Aadhaar, UPI, MyGov, eSanjeevani
For Mains:
- Data privacy as a democratic right, Privacy-by-design in digital governance, Balancing privacy, innovation and public interest, Digital sovereignty and data governance, Institutional accountability in cyberspace, Citizen-centric digital governance
Why in News?
- Data Privacy Day is observed annually on 28 January worldwide.
- Also known as Data Protection Day.
- Instituted in 2006 by the Council of Europe.
- Commemorates the signing of Convention 108, the world’s first legally binding international data protection treaty.
- The day promotes awareness of protecting personal data and privacy in the digital age.
Key Takeaway
- Data Privacy Day highlights the shared responsibility of government, digital platforms, and citizens in building a trusted digital ecosystem.
- India is the world’s 3rd-largest digitalised economy, with digital platforms embedded in daily life.
- DPDP Act, 2023 and DPDP Rules, 2025 create a citizen-centric framework balancing privacy, innovation, and public interest.
- ₹782 crore allocated in Union Budget 2025–26 for cybersecurity to protect digital public infrastructure.
Why Data Privacy is Foundational
- Safeguards citizens’ personal information across large digital platforms.
- Builds public trust in government-led digital services.
- Enables ethical, secure, and responsible digital adoption.
- Prevents data misuse, mitigates cyber threats, and detects fraud.
- Enhances transparency, accountability, and institutional oversight.
- Reinforces collective responsibility of government, institutions, and citizens.
India’s Expanding Digital Footprint and the Privacy Imperative
1. Digital Public Infrastructure (DPI): Scale and Reach
India’s DPI forms the backbone of digital transformation and operates at population scale:
- Aadhaar – trusted digital identity framework.
- UPI – real-time digital payment revolution.
- Paperless governance platforms – streamlined service delivery.
- MyGov – over 6 crore users, strengthening participatory governance.
- eSanjeevani – more than 44 crore digital health consultations, expanding healthcare access.
These platforms demonstrate scale, depth, and inclusiveness, increasing the need for strong privacy safeguards.
2. Connectivity, Affordability, and Digital Inclusion
- India has 101.7 crore broadband subscribers (Sept 2025).
- Average user spends 1,000 minutes online.
- Mobile data cost: $0.10 per GB (2025) — among the lowest globally.
- Digital access now defines India’s socio-economic landscape through:
- Identity verification
- Payments
- Healthcare
- Education
- Grievance redressal
- Citizen participation
- India is among the most connected and digitally inclusive societies globally.
3. Strengthening Privacy and Cybersecurity
- Rapid digital expansion has increased:
- Volume of personal data
- Sensitivity of information
- Exposure to cyber risks
- Major threats:
- Data misuse
- Privacy breaches
- Cyber frauds
- Government response:
- Enhanced data protection frameworks
- ₹782 crore allocation for cybersecurity (2025–26)
National Data Privacy and Security Readiness
1. Information Technology (IT) Act, 2000
India’s core cyberspace law:
- Legal recognition to electronic records and digital signatures.
- Enables e-governance and digital commerce.
- Establishes:
- CERT-In as national incident response agency.
- Adjudicatory and appellate bodies for cyber disputes.
- Key sections:
- Section 3, 3A – Authentication
- Section 6 – E-governance
- Section 46 – Adjudication
- Section 69A – Content blocking (national security)
- Section 70B – Cyber incident management
2. IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- Notified under the IT Act.
- Mandate due diligence obligations.
- Require time-bound grievance redressal.
- Intermediaries include:
- Telecom providers
- Internet service providers
- Online marketplaces
- Search engines
- Social media platforms
3. Digital Personal Data Protection (DPDP) Act, 2023
- Enacted on 11 August 2023.
- Applies to:
- Digital personal data
- Digitised offline data
- Balances:
- Privacy protection
- Innovation
- Economic growth
- Follows SARAL approach:
- Simple
- Accessible
- Rational
- Actionable
Data Protection Board of India
- Oversees compliance.
- Conducts inquiries into data breaches.
- Orders corrective actions.
- Ensures enforcement and accountability.
Rights and Protections under DPDP Act, 2023
Citizen (Data Principal) Rights
- Right to give or refuse consent
- Right to know how data is used
- Right to access personal data
- Right to correct personal data
- Right to update personal data
- Right to erase personal data
- Right to nominate another person
- Mandatory response within 90 days
- Mandatory breach notification with guidance
- Clear contact for queries and complaints
Special Protections
- Children – verifiable parental consent (except essential services)
- Persons with disabilities – lawful guardian consent if required
Definitions
- Data Fiduciary: Entity deciding purpose and means of processing.
- Data Principal: Individual to whom personal data relates.
4. Digital Personal Data Protection Rules, 2025
- Notified on 13 November 2025.
- Operationalise DPDP Act.
- Empower citizens with enforceable rights.
- Enhance organisational accountability.
- Prevent misuse and unauthorised data exploitation.
- Balance privacy, innovation, and responsible data use.
Additional National Measures for Data Security
1. Incident Prevention and Response
- IT Act designates CERT-In as nodal cybersecurity agency.
- Vision: Secure India’s cyberspace and digital infrastructure.
2. National Coordination for Cyber and Data Security
- Indian Cyber Crime Coordination Centre (I4C) – 2018.
- Ministry of Home Affairs.
- Focus on crimes against women and children.
- Supports:
- Early warning systems
- Trend analysis
- Easy reporting
- Capacity building of States/UTs
3. Citizen-Centric Data Protection Platforms
- National Cyber Crime Reporting Portal (2020)
- Citizen Financial Cyber Fraud Reporting & Management System (CFCFRMS)
- Helpline 1930
4. Real-Time Interventions
- Cyber Fraud Mitigation Centre (CFMC) – September 2024
- Enables:
- Real-time data sharing
- Blocking of compromised accounts, SIMs, devices
- Coordination among banks, telecom, LEAs
5. Digital Infrastructure Protection Tools
- Sahyog platform – takedown of unlawful content
- Suspect Registry – mule account identification
- C-DAC indigenous cybersecurity tools
6. Cyber Forensics and Investigation
- National Cyber Forensic Laboratories
- Support States/UTs in:
- Evidence preservation
- Data breach analysis
- Prosecution
7. Data-Driven Analytics
- Samanvaya Platform (Sept 2024)
- National MIS for cybercrime data
- Enables:
- Inter-State coordination
- Crime pattern analysis
- Geo-mapping
8. Human and Institutional Capacity Building
- CyTrain platform (2019)
- Cyber Commando Programme (2024)
- ISEA Programme
- CSPAI (CERT-In, 2024) – AI security professionals
9. National Awareness Campaigns
- Cyber Swachhta Kendra (CSK) – malware removal & alerts
- Provides free tools and best practices
- Issues daily advisories to organisations
Conclusion
Data Privacy Day reinforces that trust is the foundation of India’s digital transformation. Through robust laws, institutions, investments, and awareness, India is ensuring that its digital expansion remains secure, ethical, inclusive, and citizen centric. The DPDP framework, strengthened cybersecurity institutions, and national capacity-building initiatives together make India future-ready and resilient in the digital age.
UPSC PYQ
In India, under cyber insurance for individuals, which of the following benefits are generally covered, in addition to payment for the loss of funds and other benefits? (2020)
- Cost of restoration of the computer system in case of malware disrupting access to one’s computer
- Cost of a new computer if some miscreant wilfully damages it, if proved so
- Cost of hiring a specialised consultant to minimise the loss in case of cyber extortion
- Cost of defence in the Court of Law if any third-party files a suit
Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 1, 3 and 4 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4
Ans: (b)
CARE MCQ
Which of the following initiatives is specifically designed for malware detection and botnet cleaning?
(a) Samanvaya Platform
(b) Cyber Swachhta Kendra
(c) Sahyog Platform
(d) CyTrain PlatformAnswer: (b)
Explanation:
- Cyber Swachhta Kendra (CSK) functions as a Botnet Cleaning and Malware Analysis Centre run by CERT-In.
