💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Distribution: yearly

  • Artistic Richness of the Indian Constitution: A Visual Journey

    Constitution

    Introduction

    • The Indian Constitution, renowned as the world’s lengthiest written Constitution, is not just a legal document but a treasure trove of artistic richness.
    • It features intricate hand-painted images and elaborate borders across all its 22 parts, making it the most visually appealing Constitution globally.

    Narrative Scheme of Paintings

    • Historical Representation: The paintings within the Constitution depict various periods in Indian history, from the Indus Valley civilization to the freedom struggle. Additionally, scenes from the epic tales of Ramayana and Mahabharata are featured.
    • Geographical Diversity: These illustrations also capture India’s diverse geography, from the desert with marching camels to the grandeur of the Himalayas.

    The Appointment of Artists

    • Selection of Nandalal Bose: Nandalal Bose, a renowned artist and close associate of Mahatma Gandhi, was entrusted with the task of illustrating the Constitution in October 1949, just before the final session of the Constituent Assembly.
    • Collaborative Effort: Bose collaborated with family members, students, and fellow artists, including Kripal Singh Shekhawat, A Perumal, and Direndrakrishna Deb Burman.
    • Calligraphy: While the Constitution itself was handwritten by calligrapher Prem Behari Narain Raizada in a flowing italic style, the Hindi version’s calligraphy was masterfully crafted by Vasant Krishan Vaidya.

    Notable Artistic Contributions

    • Preamble and National Emblem: The Preamble page features intricate patterns sketched by Beohar Rammanohar Sinha and bears his signature, while Dinanath Bhargava sketched the National Emblem, the Lion Capital of Ashoka.
    • Payment for Artists: Records suggest that the artists who painted the historical scenes were paid Rs 25 for each page.

    Ideation of Artwork

    • No Direct Correlation: Nandalal Bose’s artwork in the Constitution does not have a direct correlation with the text, as he did not illustrate the content of the Constitution itself. Instead, he crafted a visual narrative of India’s history as he envisioned it.
    • Changes and Adjustments: A preliminary plan was drawn up for the artwork, which underwent changes with additions and deletions. For instance, a scene featuring ‘portraits of Akbar and Shahjahan with Mughal architecture’ was replaced with an image of Akbar.

    Borrowing from History and Religion

    • Diverse Representations: The artwork includes depictions of the Bull Seal from the Indus Valley region, scenes from the lives of hermits and ascetics, Buddha in meditation, Mahavir, sculptures from Mahabalipuram, and the descent of the Ganga to Earth.
    • Incorporating Epics: Scenes from the Mahabharata and Ramayana are featured in the artwork, symbolizing India’s rich mythological heritage.
    • Homage to Tagore: Three landscapes within the Constitution pay tribute to Nobel Laureate Rabindranath Tagore and his composition of the National Anthem, celebrating India’s diverse geographical landscapes.

    Celebrating Monarchs and Freedom Fighters

    • Emperor Ashoka: Part VII features Emperor Ashoka seated on an elephant, propagating Buddhism.
    • King Vikramaditya and Tipu Sultan: Part IX showcases a scene from King Vikramaditya’s court, while Rani Lakshmibai of Jhansi shares the page with Tipu Sultan in Part XVI.
    • Gandhi and Freedom Fighters: Mahatma Gandhi appears twice, leading the Dandi March and visiting Noakhali in Bangladesh. Subhas Chandra Bose is depicted saluting the flag with members of the Azad Hind Fauj.

  • Delhi HC upholds Ban on Sapinda Marriages: Legal Insights

    Introduction

    • The Delhi High Court recently dismissed a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), which prohibits sapinda marriages among Hindus unless custom permits.
    • The court’s decision affirms the legal restrictions on such marriages and emphasizes the importance of regulating marital choices.

    For Aspirants with Sociology Optional, this article is of immense importance under: “Systems of Kinship- Family, household, marriage” in both Paper I and Paper II.

    Understanding Sapinda Marriages

    • Definition: Sapinda marriages involve individuals closely related within specified degrees, as per Section 3(f)(ii) of the HMA.
    • Prohibition: The HMA prohibits sapinda marriages within a certain range of lineal ascent, ensuring that marriages do not occur between individuals with a common lineal ascendant within the defined limits.

    Legal Framework

    • Void Marriages: Sapinda marriages that violate Section 5(v) and lack an established custom permitting them are declared void, meaning they are considered invalid from the outset.
    • Customary Exception: The sole exception to this prohibition arises when both parties’ customs permit sapinda marriages, as defined in Section 3(a) of the HMA.
    • Custom Criteria: To qualify as a custom, it must be continuously observed, uniform, reasonable, and not opposed to public policy, gaining legitimacy among Hindus in a particular area or community.

    Grounds for Challenging the Law

    • Constitutional Challenge: The petitioner contended that Section 5(v) violated the right to equality under Article 14 of the Constitution by requiring proof of custom for sapinda marriages.
    • Lack of Proof: The woman argued that sapinda marriages exist even without documented custom, and the consent of both families validated the marriage.

    High Court’s Decision

    • No Established Custom: The Delhi HC found no stringent proof of an established custom supporting sapinda marriages, which is crucial under the law.
    • Regulation of Marriages: The court upheld the idea that the choice of a marriage partner can be subject to regulation.
    • No Violation of Equality: The petitioner failed to provide compelling legal grounds to challenge the prohibition against sapinda marriages on grounds of violating the right to equality.

    International Perspectives

    • European Laws: In several European countries, laws related to incestuous relationships are less stringent compared to India, allowing marriages between consenting adults.
    • Examples: France, Belgium, Portugal, and Italy have different laws regarding incestuous relationships and marriages.
    • US Laws: In the United States, incestuous marriages are banned in all 50 states, but some states allow incestuous relationships between consenting adults.

    Conclusion

    • The Delhi HC decision reaffirms the legal framework regulating sapinda marriages in India and emphasizes the importance of established customs in permitting such unions.
    • It also highlights the differing legal approaches to incestuous relationships and marriages in various countries.

  • Historical Insights: Gyanvapi Structure Controversy

    Gyanvapi

    Introduction

    • The Gyanvapi Structure sin Varanasi has been the center of a longstanding controversy regarding its historical origin and the existence of a Hindu temple preceding its construction.
    • The Archaeological Survey of India (ASI) has recently concluded that a Hindu temple indeed existed at the site before the mosque’s construction, relying on scientific studies, textual evidence, and historical accounts.

    Gyanvapi: Historical Background

    • Temple’s Existence: The ASI’s findings suggest that a substantial Hindu temple once stood adjacent to the Kashi Vishwanath temple, which is believed to have been demolished during the reign of Mughal Emperor Aurangzeb.
    • Persian Chronicles: The primary source for this claim is Saqi Mustaid Khan’s Maasir-i-Alamgiri, a Persian chronicle written shortly after Aurangzeb died in 1707. It mentions Aurangzeb’s orders to destroy temples and schools of the “infidels.”
    • Aurangzeb’s Policy: Historians interpret this as part of Aurangzeb’s broader policy against Hinduism, marked by the destruction of temples and discriminatory measures, such as customs duties.

    Historical Interpretations

    • Selective Targeting: Some historians argue that the 1669 decree was not a blanket order to destroy all temples but targeted institutions where certain teachings took place, especially in Benares (now Varanasi).
    • Conflict with Shivaji: It is suggested that Aurangzeb ordered the destruction of the Kashi temple as retribution following Chhatrapati Shivaji’s escape from Mughal custody.
    • Religious Cloth: The Gyanvapi Mosque incorporates a part of the ruined temple’s wall, possibly serving as a religious statement of the consequences of opposing Mughal authority.

    Expert Opinions and Legal Implications

    • ASI Report: The ASI’s extensive report provides expert evidence but can be contested in court during the ongoing legal battle.
    • Witnesses and Cross-Examination: The civil suit involves witnesses from various fields, including historians, archaeologists, and religious experts, who will be cross-examined.
    • Court Determination: The courts will decide whether the ASI report can be conclusively relied upon and assess the significance of the existence of a Hindu temple in determining the mosque’s religious character.

    Legal and Constitutional Aspects

    • Maintainability Issue: The preliminary issue of whether the suit can be filed depends on the fate of the Places of Worship Act, 1991, which aims to maintain the religious character of places of worship as of August 15, 1947.
    • Relevance of ASI Report: The relevance of the ASI report could change significantly if the 1991 law is altered or struck down. Currently, the law is considered a fundamental feature of the Constitution, safeguarding secularism.
    • Secularism and Non-Retrogression: The Places of Worship Act is seen as essential in upholding the principles of secularism and non-retrogression, core elements of India’s Constitution.

    Conclusion

    • The controversy surrounding the Gyanvapi Mosque underscores the complexities of historical interpretation and legal implications.
    • The ASI’s findings, while significant, are part of an ongoing legal process, and the final determination will have far-reaching consequences on the historical narrative and religious character of the site.

  • Health Ministry announces new treatment regimen for Leprosy

    Leprosy

    Introduction

    • The Central government of India has given its approval for a new treatment regimen aimed at hastening the eradication of leprosy in the country.
    • The move, based on the latest global scientific research and endorsed by the World Health Organization (WHO), seeks to transition from a two-drug regimen to a three-drug regimen for Pauci-Bacillary (PB) leprosy cases.

    New Leprosy Treatment Regimen

    • Objective: The primary goal is to halt the transmission of leprosy at the sub-national level by 2027, aligning with the UN’s Sustainable Development Goals, three years ahead of schedule.
    • Transition from Two to Three Drugs: The Ministry of Health and Family Welfare has approved a shift from the existing two-drug regimen for six months to a three-drug regimen for Pauci-Bacillary (PB) cases.
    • Scientific Basis: This decision is grounded in the latest globally accepted scientific research studies and evidence-based practices.
    • WHO Endorsement: The World Health Organization (WHO) has committed to supply the revised drug regimen starting April 1, 2025, signifying international recognition and support for this approach.

    Key Implementation Steps

    • Three-Drug Regimen: The WHO-recommended treatment regimen includes dapsone, rifampicin, and clofazimine, collectively referred to as MDT. MDT is highly effective in killing the pathogen and curing the patient.
    • Advance Requisitions: All States and Union Territories are instructed to submit their requisitions for anti-leprosy drugs a full year in advance to ensure a smooth transition.
    • Unified Implementation Date: The revised classification of leprosy and the treatment regimen for both Pauci-Bacillary (PB) and multi-bacillary (MB) cases in India will come into effect simultaneously on April 1, 2025.

    Understanding Leprosy

    • Leprosy Overview: Leprosy is a chronic infectious disease caused by the Mycobacterium leprae bacteria, primarily affecting the skin and peripheral nerves.
    • Transmission: It spreads through droplets from the nose and mouth during close contact with untreated cases.
    • Curability: Leprosy is curable with multi-drug therapy (MDT).

    Distinction between PB and MB Cases

    • PB Cases: These individuals have fewer visible bacteria and show no signs of advanced disease in biopsies.
    • MB Cases: They have visible bacteria and may exhibit more advanced disease in biopsies.

    Significance of the New Regimen

    • Eradication Target: The adoption of this new treatment regimen is expected to accelerate India’s progress towards leprosy eradication by 2027, reinforcing the country’s commitment to combat this disease.
    • Previous Funding: The WHO has been providing free MDT, initially funded by the Nippon Foundation and later through an agreement with Novartis. This regimen is known as ‘Uniform MDT,’ simplifying administration and manufacturing processes.

  • Operation Sarvashakti launched

    Introduction

    • The Indian Army has initiated Operation Sarvashakti in the Rajouri-Poonch sector of Jammu and Kashmir to combat rising terrorist threats targeting security forces.
    • This article explores Operation Sarpvinash, a similar military operation conducted in the same region over two decades ago, shedding light on its objectives, significance, and historical context.

    Operation Sarvashakti: The Need for Action

    • Escalating Threats: Recent years have witnessed three major terrorist attacks in the area, resulting in the loss of 20 soldiers.
    • Foreign Terrorist Presence: The region is known for hosting foreign terrorists, making it a significant security concern.
    • Enhancing Troop Presence: Operation Sarvashakti involves deploying additional troops to increase the density, thereby improving the chances of encounters with terrorists.

    Reflecting on Operation Sarpvinash

    • Counter-Insurgency in 2003: Operation Sarpvinash was conducted by Indian forces in response to the growing insurgency in Jammu and Kashmir.
    • Extensive Troop Deployment: Over about three months, around 10,000 troops from the 15 Corps and 16 Corps participated in the operation.
    • Aerial Support: Mi-17 helicopters facilitated troop transport to Hilkaka, a village seized by terrorists, while Lancer attack helicopters neutralized concrete bunkers built by infiltrators.
    • Decisive Outcomes: The operation led to the elimination of nearly 100 terrorists, significant arms and ammunition seizures, including explosives, and the dismantling of 40-50 terrorist hideouts.

    Origins of Operation Sarpvinash

    • Post-Kargil War Scenario: With the Kargil war of 1999 fresh in memory and the aftermath of the December 2001 Parliament attack, Operation Parakram involved a substantial military mobilization along the Pakistan border.
    • Preparation in 2003: Operation Sarpvinash preparations began after intelligence reports indicated the presence of over 300 foreign terrorists who had infiltrated the Line of Control (LoC) and established secure camps in Surankote and Hilkaka.
    • Terrorist Control: These terrorists, affiliated with various Pakistan-based outfits, had created a demilitarized zone and asserted dominance, including the establishment of multiple hideouts and bunkers.

    Strategic Significance

    • Crucial Location: The areas south of Mendhar leading to the Pir Panjal range through Hilkaka offer the shortest infiltration route from across the LoC into the Kashmir valley.
    • Infiltration Potential: Controlling this region provides a potential conduit for personnel during a Pakistani military operation and facilitates terrorist infiltration.
    • Natural Cover: Dense forests and steep mountain slopes offer natural concealment, allowing terrorists to evade Indian forces during searches and engage them strategically.

    Post-Sarpvinash Scenario

    • Period of Peace: Following Operation Sarpvinash, the region experienced relative peace until 2017-18, despite ongoing terrorist incidents in the Kashmir valley.
    • Recent Escalations: However, since 2021, this area has witnessed a resurgence of high-intensity attacks on security forces.

  • Why India’s runaway Coaching Centres need Regulating?

    coaching

    Introduction

    • The recent government guidelines on regulating the coaching industry have stirred debate and raised questions about the state of education in India.
    • This article delves into the reasons behind the need for these guidelines and the potential impact on various stakeholders.

    Coaching Chaos: What’s the Issue?

    • Early Enrolment Scrapped: The government’s guidelines stipulate that students below 16 years of age should not be enrolled in coaching centers, restricting enrolment to post-secondary school (standard 10) examination.
    • A Shift in Education: This rule has caused concern as coaching centers have evolved into an alternative education pathway. Students as young as 10-12 years old are prepared for highly competitive exams, such as engineering, medical, and civil service, with low success rates.
    • Proliferation of Coaching Centers: Coaching centers are especially popular in states like Bihar, Rajasthan, Delhi, and Uttar Pradesh.

    The Need for Regulation: Why?

    • Rising Student Suicides: The alarming increase in student suicides, with 26 reported cases in Kota alone in 2023, underscores the immense pressure on schoolchildren.
    • Government’s Concerns: The Department of Higher Education, under the Ministry of Education, expressed the need for regulations in light of issues like student suicides, fire incidents, inadequate facilities, and teaching methodologies.
    • Emergence of ‘Dummy Schools’: The rise of ‘dummy schools’ linked to coaching centers, where physical attendance is not mandatory, has raised concerns. Parents often uproot their families and take loans to relocate to coaching hubs in pursuit of quality education.

    Wider Implications: Who Else Will Be Affected?

    • Ecosystem Impact: Coaching hubs like Kota have an entire ecosystem supporting institutes, students, and families, including middlemen, hostels, and hotels. All of these entities stand to lose out.
    • Real Estate Implications: Families relocating to coaching hubs contribute to local real estate income. Regulation may impact this aspect.
    • Impact on ‘Dummy Schools’: Dummy schools will face closure due to the new regulations.

    Perspectives from the Coaching Centers

    • Coaching Federation of India’s Response: The Coaching Federation of India (CFI), representing over 25,000 coaching institutes, may legally contest the minimum age requirement, seeking a reduction from 16 years to 12 years.
    • Competitive Stress Concerns: Large coaching institutes express concerns that the regulations may intensify competitive stress among students, offering them less time for preparation.
    • Regulatory Effectiveness: There is apprehension that the regulations may not effectively oversee smaller private coaching centers, making it challenging to monitor mom-and-pop establishments.

    Education’s Dependent Dynamic

    • Coaching Dependency: The guidelines shed light on the prevailing reliance on coaching institutes. They supplement students’ regular schooling and often require additional hours of study outside the classroom.
    • Misleading Promises: The guidelines also highlight how institutes sometimes make misleading promises or guarantee high scores, emphasizing that ranks and marks have eclipsed holistic student development.

    Conclusion

    • The government’s new guidelines have ignited a critical discussion about the coaching industry and its role in the Indian education landscape.
    • The regulations aim to address pressing concerns while acknowledging the evolving dynamics of education in the country.

  • Turkey finally backs Sweden’s NATO bid

    Introduction

    • Sweden’s quest to join the North Atlantic Treaty Organization (NATO) has achieved a significant breakthrough with Turkey’s parliament endorsing its membership.
    • This crucial development underscores the evolving dynamics in global politics and Sweden’s response to regional security challenges.

    About NATO (North Atlantic Treaty Organization)

    Formation Established on April 4, 1949
    Members Consists of 30 member countries
    Headquarters Located in Brussels, Belgium
    Mission Safeguard freedom and security through political and military cooperation
    Key feature: Article 5 Mutual defense provision, attack on one is an attack on all
    Operations Involved in peacekeeping and crisis management operations worldwide
    NATO-Russia Relations Complex relationship with Russia, involving cooperation and tensions
    Evolving Security Challenges Adapts to address evolving security challenges like terrorism, cyber threats, and hybrid warfare

    Sweden’s Neutrality and Shift in Stance

    • A Two-Century Neutrality: Sweden has maintained a neutral position for over two centuries, staying out of conflicts, including both World Wars and the Cold War.
    • EU and NATO Collaboration: Despite joining the European Union and cooperating with NATO, Sweden had not previously indicated an intent to join the military alliance.
    • Changing Landscape: Sweden’s neutrality had to be reconsidered in the wake of Russia’s invasion of Ukraine, prompting public opinion in favor of NATO membership.

    Turkey’s Opposition and Resolution

    • Two Years of Opposition: Turkey and Hungary had opposed Sweden’s NATO membership for nearly two years.
    • Turkish Concerns: Turkey raised concerns about Sweden’s perceived leniency toward groups classified as terrorists, including the Kurdistan Workers’ Party (PKK).
    • Freedom of Speech Controversy: Quran-burning protests in Sweden, protected under freedom of speech laws, further strained relations with Turkey.
    • Recent Reforms: Sweden made several efforts to address Turkey’s concerns, tightening anti-terrorism laws, cracking down on PKK activities, and easing restrictions on arms sales to Turkey.
    • Positive Developments: Sweden also pledged support for Turkey’s European Union membership bid.

    Hungary’s Influence and Response

    • Following Turkey’s Lead: Hungary, under Prime Minister Viktor Orban, had been seen as aligning with Turkey in opposing Sweden’s NATO bid.
    • Grievances with Sweden: Hungary expressed dissatisfaction with Sweden’s criticisms of the rule of law and democratic state under Orban.
    • Russia-Friendly Stance: Orban maintained a more Russia-friendly stance compared to other NATO nations.
    • Invitation for Cooperation: Following Turkey’s approval, Orban invited Swedish Prime Minister Ulf Kristersson to Budapest to discuss future security and defense cooperation as allies and partners.

    Sweden’s Contribution to NATO

    • Baltic Sea Territory: Sweden’s NATO membership will extend the alliance’s presence along almost the entire Baltic Sea coastline, except for the part under Russian control.
    • Strategic Bases: This expansion provides NATO with strategic bases in proximity to Russia, streamlines supply lines, and facilitates the defense of assets in the Baltic Sea.
    • Modern Military: Despite its relatively small military size, Sweden possesses modern and experienced armed forces with advanced aircraft and submarine capabilities.
    • Global Missions: Sweden’s military has participated in previous NATO missions, adding to the alliance’s operational capabilities.

    Conclusion

    • Sweden’s NATO membership approval signifies a significant shift in its longstanding neutrality, driven by changing geopolitical dynamics and regional security concerns.
    • As Sweden joins the alliance, it brings strategic advantages to NATO’s posture in the Baltic Sea region and enhances the collective defense capabilities of the alliance.

  • K-Shaped Recovery Debate: A Closer Look at the SBI Research

    K-Shaped Recovery

    Introduction

    • The Economic Research Department of the State Bank of India (SBI) recently released a study titled “Debunking K-shaped recovery,” addressing the ongoing debate about the post-pandemic recovery in India and its alleged K-shaped nature.
    • This debate has significant implications for the country’s widening inequality.

    What is K-Shaped Recovery?

    • A K-shaped recovery occurs when, following a recession, different parts of the economy recover at different rates, times, or magnitudes.
    • This is in contrast to an even, uniform recovery across sectors, industries, or groups of people.
    • A K-shaped recovery leads to changes in the structure of the economy or the broader society as economic outcomes and relations are fundamentally changed before and after the recession.
    • This type of recovery is called K-shaped because the path of different parts of the economy when charted together may diverge, resembling the two arms of the Roman letter “K.”

    SBI Challenging Conventional Wisdom

    • Controversial Message: The report’s key message suggests a potential “conspiracy” against India’s growth, raising eyebrows about the credibility and intent of the economic evaluation.
    • Message Summary: It questions the validity of the K-shaped recovery concept, calling it “flawed” and driven by certain vested interests who are uncomfortable with India’s ascendancy on the global stage.

    Re-evaluating Economic Well-Being

    • Parameters under Scrutiny: The report challenges traditional parameters used to assess economic well-being.
    • New Considerations: It highlights patterns in income, savings, consumption, expenditure, and policy measures designed to empower the masses through technology-driven solutions, questioning the reliance on outdated indicators like 2-wheeler sales or land holdings.

    Shaping a Narrative

    • Polarized Environment: In a time of heightened polarization and India’s emergence as a major economy, the report’s language, including phrases like “fanning interests” and “renaissance of the new global south,” appears to align with current political narratives.
    • Narrative Shift: The report introduces a new narrative, emphasizing the reduction of inequality in India.

    Claims on Inequality

    • Inequality Reduction: The report asserts that income inequality has decreased, citing the Gini coefficient of taxable income, which fell from 0.472 to 0.402 between FY14 and FY22.
    • Limited Sample: However, the research relies on “taxable income” from a small fraction (around 5%) of the population, primarily those paying income tax, making it less representative of the informal workforce and the broader economy.
    • Food Orders as Proxy: The study also uses Zomato food orders, primarily from semi-urban areas, to challenge claims of economic distress.

    Representativeness Concerns

    • Focus on Formal Sector: The SBI research primarily centers on the formal sector, which represents a privileged minority within the Indian economy.
    • Inequality Debate: This focus mirrors the crux of the inequality debate, where those excluded from economic growth continue to lag behind, while those already well-off experience significant growth.

    A Different Perspective

    • Contrasting Reports: In 2022, another report, “The State of Inequality in India,” commissioned by the Economic Advisory Council to the Prime Minister, highlighted rising inequality in the country.
    • Unimaginable Disparities: It noted that an individual earning a monthly wage of Rs 25,000 was among the top 10% of earners, underscoring the stark income disparities.

    Conclusion

    • While the SBI research provides a unique perspective on India’s economic recovery and inequality, its focus on a limited sample from the formal sector raises concerns about its representativeness.
    • The broader discourse on inequality remains critical, emphasizing the need for a more comprehensive understanding of the diverse economic landscape in India.

  • BSF’s Jurisdiction Expansion: Punjab’s Challenge and Implications

    bsf

    Introduction

    • In October 2021, the Ministry of Home Affairs made a significant move by extending the jurisdiction of the Border Security Force (BSF) in certain states, leading to a legal dispute between the central government and the affected states.
    • This article examines the recent developments and the key issues surrounding the expansion of BSF’s jurisdiction.

    Expansion of BSF Jurisdiction

    • Border Security Force (BSF): The BSF is India’s border guarding organization, tasked with securing the borders with Pakistan and Bangladesh. It operates under the Ministry of Home Affairs.
    • Notification: The Ministry of Home Affairs issued a notification in October 2021, expanding the BSF’s jurisdiction in specific states.
    • Changes in Jurisdiction:
      1. In Punjab, West Bengal, and Assam, the BSF’s jurisdiction was extended from 15 km to 50 km inland from the border.
      2. In Gujarat, the jurisdiction was reduced from 80 km to 50 km.
      3. Rajasthan’s jurisdiction remained unchanged at 50 km.

    Legal Frameworks

    • Border Security Force Act: The Ministry of Home Affairs invoked the Border Security Force Act of 1968 to delineate the BSF’s jurisdiction.
    • Powers Exercised: The BSF’s jurisdiction extension applies only to specific powers granted under the Criminal Procedure Code (CrPC), Passport (Entry into India) Act, 1920, and Passport Act, 1967.

    Rationale behind BSF’s Jurisdiction Expansion

    • Historical Context: The BSF was established in 1965 to secure India’s borders. At that time, border regions were sparsely populated, and police stations were scarce.
    • Trans-Border Crimes: To combat trans-border crimes effectively, the BSF was empowered to arrest and search individuals within its jurisdiction.
    • Manpower Constraints: Despite the establishment of police stations near the border, staffing remained inadequate.

    Issues Surrounding Border Regions

    • Challenges at Borders:
      1. Encroachment
      2. Illegal incursion
      3. Drug and cattle smuggling
    • Complementary Role: Expanding BSF’s jurisdiction was intended to complement the efforts of local police, enhancing cooperative measures rather than displacing state police authority.

    Criticisms and Legal Challenges

    • Federalism Concerns: States argued that the extension of BSF’s jurisdiction encroached upon their powers related to police and public order, asserting their rights under the Constitution.
    • Lack of Consultation: The states also contended that the central government issued the notification without consulting the affected states.
    • Original Suit: The state of Punjab filed an ‘original suit’ against the central government in the Supreme Court under Article 131 of the Constitution, which grants the Supreme Court exclusive jurisdiction over disputes between the central government and states.
    • Approach: Punjab argued that the expansion compromised its legislative authority on policing matters and public order, emphasizing that a significant portion of its cities and towns would now fall within the 50-kilometre jurisdiction.

    Ongoing Legal Battle

    • Exclusive Challenge: While West Bengal initially expressed opposition to the notification, currently, only Punjab’s challenge is tagged with the Supreme Court.
    • Key Considerations: The Supreme Court will assess the validity of the notification, examining whether it was arbitrary or backed by legitimate reasons. It will also weigh the impact on states’ powers under the Constitution and determine if uniformity is required in setting local limits for BSF’s jurisdiction.

    Conclusion

    • The legal battle between the central government and the states over the expansion of BSF’s jurisdiction highlights the complex interplay between federalism, national security, and law enforcement.
    • The Supreme Court’s decision will have far-reaching implications for the distribution of powers between the center and the states in matters related to border security and policing.

  • Socialist icon Karpoori Thakur awarded Bharat Ratna

    Karpoori Thakur

    Introduction

    • On January 23, the Indian government made a significant announcement, posthumously awarding the Bharat Ratna, India’s highest civilian honor, to Karpoori Thakur, the former chief minister of Bihar.
    • Thakur, affectionately known as ‘Jannayak’ or the leader of the people, leaves behind a legacy of enduring policy decisions that continue to shape Bihar and the nation.

    Karpoori Thakur: Life and Career

    • A Leader of Contrasts: Thakur, born on January 24, 1924, in Bihar, emerged as the foremost backward caste leader in the state, despite hailing from the minority nai (barber) caste.
    • Political Activism: He actively participated in the freedom struggle, enduring imprisonment for his convictions.
    • Decades of Public Service: Thakur served as an MLA from 1952 until his passing in 1988, except for a brief period when he became an MP in 1977.
    • Respected Clean Image: Despite holding public office for three decades, Thakur maintained a clean image and refrained from personal enrichment through government resources.

    Landmark Policy Decisions

    • Education Reform: Removed English as a compulsory subject for matriculation examinations, aiming to make education more accessible.
    • Prohibition of Alcohol: Enforced a ban on alcohol consumption to address societal issues stemming from alcohol abuse.
    • Job Opportunities for Engineers: Introduced preferential treatment for unemployed engineers in government contracts, leading to employment for approximately 8,000 engineers.
    • Layered Reservation System: Implemented the ‘Karpoori Thakur Formula’ in June 1970, providing 26% reservation, including 12% for OBCs, 8% for economically backward OBCs, 3% for women, and 3% for economically disadvantaged individuals from upper castes.

    Challenges and Consequences

    • Immediate Opposition: Thakur’s reservation policy faced significant opposition, especially from upper castes, and his government fell due to its implementation.
    • Polarization and Derogatory Remarks: His caste background led to derogatory slogans and polarization in society, despite his clean governance record.
    • Political Fallout: Thakur’s decision to prioritize the reservation policy was perceived by some as hasty, unlike leaders who consolidated their positions before introducing similar policies.

    Karpoori Thakur’s Enduring Legacy

    • Mandal-Kamandal Politics: Thakur’s legacy remains influential in the ongoing Mandal-Kamandal political landscape.
    • Recognition by Leaders: Bihar CM Nitish Kumar, himself from a numerically small EBC community, has closely associated himself with Thakur’s legacy.
    • Political Continuation: Thakur’s policies continue to shape the agendas of political parties in Bihar, highlighting the lasting impact of his commitment to social justice.