MAINS Current Affairs includes The Judiciary’s Role in Complete Justice & Repurposing India’s Fertiliser Subsidy System

POLITY

1. The Judiciary’s Role in Complete Justice

Context: The Supreme Court of India recently exercised its extraordinary constitutional powers to recognise the Right to safe travel on National Highways as a fundamental right under Article 21. This decision followed a suo motu review of two fatal road accidents.

Understanding the Judiciary’s Role in Complete Justice

What is “Complete Justice”?

• The concept of complete justice refers to the extraordinary and residual authority granted exclusively to the Supreme Court of India. This power enables the Court to go beyond rigid procedural laws and statutory limitations to address injustices and respond to rapidly changing socio-economic realities.
• When existing legal frameworks are inadequate or silent, the Court intervenes to provide immediate relief, ensuring that substantive fairness and natural justice prevail over technical legal restrictions.

Key Constitutional Provisions Related to Judicial Power

• Article 142 – Power to Do Complete Justice
• Article 142 empowers the Supreme Court to pass any decree or order necessary to achieve complete justice in matters pending before it. This is a unique constitutional power available only to the apex court.
• Article 21 – Right to Life and Personal Liberty
• Article 21 acts as the central constitutional foundation for substantive justice. The Supreme Court recently expanded its interpretation to include the Right to safe travel on National Highways as part of the fundamental right to life and personal liberty.
• Article 226 – Powers of High Courts
• Article 226 authorises High Courts to issue writs for the enforcement of fundamental rights. However, these powers are more limited compared to the extraordinary authority available to the Supreme Court under Article 142.
• Article 141 – Law Declared by Supreme Court
• Under Article 141, the judgments, guidelines, and orders issued by the Supreme Court become binding on all courts across India.

Role of the Judiciary in Delivering Complete Justice

• Filling Legal Vacuums
  • The Court acts as a constitutional safeguard by stepping in when the legislature has not enacted suitable laws.
  • In situations where statutory provisions are absent, the Court applies principles of natural justice to prevent unfairness and legal vacuum.
• Overriding Procedural Restrictions
  • The Supreme Court can move beyond ordinary statutory limitations to correct structural injustices that may otherwise prevent effective relief.
  • In the Delhi Judicial Service Association case, the Court held that ordinary state laws cannot restrict the Supreme Court’s constitutional authority to ensure justice.
• Adapting Law to Social Change
• The judiciary actively protects rights in response to changing social realities where existing legal systems fail to adapt adequately.
• The Court has issued progressive rulings concerning issues such as:
  • live-in relationships,
  • homosexuality,
  • evolving civil liberties.

Converting Policy Objectives into Constitutional Duties

• The judiciary sometimes elevates public welfare concerns into enforceable constitutional obligations.
• For example, after fatal accidents, the Court recognised safe National Highways as part of the fundamental right under Article 21, thereby making road safety a constitutional responsibility of the State.

Challenges Associated with Complete Justice Powers

• Concerns Regarding Separation of Powers
  • Judicial activism sometimes attracts criticism for entering domains traditionally reserved for the executive and legislature.
  • Critics argue that extensive directions issued to highway authorities or administrative bodies may overlap with executive policymaking functions.
• Lack of Clear Operational Standards
  • Article 142 is an inherent and broadly defined constitutional power, and its use often depends on the interpretation of individual judicial benches.
  • In the Hitesh Bhatnagar case, the Court itself emphasised that extraordinary caution should be exercised while invoking Article 142 powers.
• Limited Powers of High Courts
  • High Courts do not possess powers equivalent to Article 142, creating a remedial gap at the state level.
  • In the Anil Kumar Jain case, it was clarified that powers under Article 226 cannot match the broad authority available to the Supreme Court.
• Institutional and Implementation Challenges
• Judicial mandates may sometimes place pressure on enforcement agencies that face practical or financial limitations.
• For example, immediate infrastructure reforms ordered by courts may strain government strategies involving:
  • education,
  • engineering,
  • enforcement,
  • emergency services.

Way Forward

• Develop a Doctrine of Judicial Self-Restraint
  • The judiciary should formulate internal principles ensuring that Article 142 is used only as a last resort when no effective statutory remedy exists.
• Establish Technical Expert Panels
  • Courts may collaborate with specialised technical experts while dealing with complex issues such as highway engineering and infrastructure planning.
• Create a Public Registry for Article 142 Cases
  • A central digital repository of all Article 142 orders can improve consistency, transparency, and predictability in judicial decision-making.
• Encourage Faster Legislative Action
  • A formal institutional mechanism should connect Parliament and the judiciary so that legislative gaps identified by courts can be addressed quickly through new laws.
• Strengthen State-Level Accountability
  • State governments should establish independent oversight mechanisms to ensure timely compliance with judicial directives without requiring continuous court supervision.

Conclusion

• The Supreme Court’s authority under Article 142 serves as a crucial constitutional safety mechanism that protects substantive justice when ordinary laws prove inadequate.
• Although concerns about judicial overreach and separation of powers continue, the judiciary’s proactive role in safeguarding citizens’ rights—such as recognising safe highways as part of the Right to Life under Article 21—demonstrates the continuing importance of this extraordinary constitutional power.

AGRICULTURE

2. Repurposing India’s Fertiliser Subsidy System

Context: India’s present agricultural and soil crisis is not mainly caused by a lack of awareness among farmers. Rather, it stems from structural weaknesses in policy design that encourage unsustainable farming practices.

• Agricultural policies developed during the 20th century to address food shortages are no longer suitable for the ecological and geopolitical challenges of the 21st century.
• India now needs to transform its agricultural support framework from indiscriminate chemical input subsidies toward policies that reward:
• efficient resource use,
• healthy soil management,
• climate-resilient farming.

Repurposing India’s Fertiliser Subsidy Regime

• India is gradually restructuring its large fertiliser subsidy system by:
• limiting excessive chemical urea usage,
• encouraging organic alternatives through programmes such as PM-PRANAM,
• promoting targeted Direct Benefit Transfers (DBT).
• The objective is to improve soil health while reducing fiscal pressure on the government.

Historical Background of the Fertiliser Subsidy Regime

• Before Fertiliser Subsidies
  • Before 1977, chemical fertilisers were not subsidised by the government. Farmers largely depended on traditional agricultural inputs, and the early phase of the Green Revolution progressed without major fertiliser subsidies.
• Impact of the 1973 Oil Crisis
• The global oil crisis of 1973 sharply increased international energy and fertiliser prices.
• This caused a decline in fertiliser usage within India, raising fears regarding:
  • food shortages,
  • inflation,
  • agricultural instability.

Introduction of the Retention Price Scheme (RPS)

• To shield farmers from global price fluctuations and maintain domestic food production, the government introduced the Retention Price Scheme (RPS) in 1977.
• The scheme ensured that fertilisers remained artificially cheap for farmers.

Institutionalisation of Subsidies

• What initially began as a temporary crisis-response measure gradually became a permanent component of India’s agricultural policy, despite major economic and environmental changes over the decades.

The Modern Agricultural Paradox

Food Security Achievements

• India successfully overcame its food-deficit situation and today ranks among the world’s leading producers of:
  • milk,
  • pulses,
  • rice,
  • wheat,
  • fruits and vegetables.

Dependence on High Inputs

• This agricultural success heavily depends on:
  • intensive chemical fertiliser use,
  • large-scale groundwater extraction,
  • subsidised electricity.

Geopolitical Vulnerability

• India remains dependent on global supply chains for:
  • phosphatic fertilisers,
  • potash,
  • natural gas used in urea production.

Need for Reform

• Recent geopolitical events such as:
• the Russia–Ukraine conflict,
• maritime tensions in West Asia

have disrupted supply chains and increased global prices, thereby increasing India’s subsidy burden and threatening food security.

Consequences of Distorted Fertiliser Policies

Agronomic and Soil Health Impacts

• Imbalanced NPK Ratio
• Heavy subsidy on urea has made nitrogen-based fertilisers much cheaper than phosphorus and potassium.
• As a result, India’s fertiliser consumption ratio has shifted far from the ideal 4:2:1 ratio to highly distorted levels such as 10:4:1 in intensive farming regions.

Decline in Soil Quality

• Excessive nitrogen use depletes essential micronutrients like:
  • zinc,
  • boron,
  • iron,

and reduces Soil Organic Carbon (SOC), leading to declining soil fertility.

Diminishing Returns

• The productivity response to fertilisers has declined significantly over time. Farmers now need increasing quantities of fertilisers merely to maintain earlier yield levels.

Environmental Consequences

Water Pollution

• Excessive fertiliser use causes nitrate contamination in groundwater and contributes to eutrophication in water bodies.

Greenhouse Gas Emissions

• Overuse of nitrogen fertilisers increases emissions of nitrous oxide (N₂O), a highly potent greenhouse gas contributing to global warming.

Groundwater Depletion

• Cheap urea, subsidised electricity, and assured procurement of rice and wheat encourage excessive groundwater extraction, especially in states such as:
  • Punjab,

Socio-Economic Dimensions

Rational Behaviour of Farmers

• Farmers act according to economic incentives. When governments provide:
• cheap fertilisers,
• free electricity,
• assured procurement for water-intensive crops,

farmers naturally prefer growing such crops.

Limits of Awareness Campaigns

• Simply advising farmers to diversify crops for environmental reasons is unlikely to succeed unless financial incentives are redesigned.

Way Forward

Implement Per-Hectare Direct Benefit Transfer (DBT)

• Instead of subsidising fertiliser products directly, the government can provide fixed cash transfers per hectare to farmers.
• This would allow farmers to choose fertilisers according to actual soil requirements rather than distorted market prices.

Diversify Procurement Policies

• Government procurement and Minimum Support Prices (MSP) should increasingly include:
  • pulses,
  • oilseeds,
  • millets,

thereby reducing dependence on rice and wheat cultivation.

Promote Sustainable Alternatives

• A portion of the fertiliser subsidy budget should support:
  • bio-fertilisers,
  • organic compost,
  • nano-urea,
  • precision farming technologies.

Link Subsidies to Resource Efficiency

• Power and water subsidies should be connected to:
  • drip irrigation,
  • sprinkler systems,
  • solar-powered farming initiatives such as PM-KUSUM.

Conclusion

• The first Green Revolution addressed India’s challenge of food scarcity. The next agricultural transformation must address structural vulnerabilities related to:
  • fiscal sustainability,
  • ecological degradation,
  • climate resilience.
  • Current global supply-chain disruptions and environmental stresses provide India with an important opportunity to redesign its agricultural policies and build a farming system that is:
  • economically stable,
  • environmentally sustainable,
  • resilient to future global crises.

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