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GS Paper: Government Scheme/Policies

  • What is Open Market Sale Scheme (OMSS)?

    The Centre has informed the Supreme Court regarding the purchase of grains by the States and the UTs under the Open Market Sales Scheme (OMSS) in 2021-2022 while debunking apprehensions that those without ration cards may be left to die.

    Open Market Sale Scheme (OMSS)

    • OMSS refers to the selling of food grains by the government/government agencies at predetermined prices in the open market from time to time.
    • This scheme aims to enhance the supply of grains especially during the lean season and thereby to moderate the general open market prices, especially in the deficit regions.
    • The Food Corporation of India (FCI) on the instructions from the Government, sells wheat and rice in the open market from time to time.
    • This enhances the supply of wheat and rice especially during the lean season and moderates the open market prices, especially in the deficit regions.

    Components of the scheme

    The present form of OMSS comprises 3 schemes as under:

    1. Sale of wheat to bulk consumers/private traders through e-auction.
    2. Sale of wheat to bulk consumers/private traders through e-auction by dedicated movement.
    3. Sale of Raw Rice Grade ‘A’ to bulk consumers/private traders through e-auction.

    Selling through a transparent process

    • For transparency in operations, the Corporation has switched over to e-auction for sale under Open Market Sale Scheme (Domestic).
    • The FCI conducts a weekly auction to conduct this scheme in the open market using the platform of commodity exchange NCDEX (National Commodity and Derivatives Exchange Limited).
    • The State Governments/ Union Territory Administrations are also allowed to participate in the e-auction if they require wheat and rice outside TPDS & OWS.

    Answer this PYQ in the comment box:

    Q.The economic cost of food grains to the Food Corporation of India is Minimum Support Price and bonus (if any) paid to the farmers plus:

    (a) Transportation cost only

    (b) Interest cost only

    (c) Procurement incidentals and distribution cost

    (d) Procurement incidentals and charges for godowns

  • [pib] Aspirational Districts Programme

    In an independent appraisal report released today, United Nations Development Programme (UNDP) India has lauded the Aspirational Districts Programme (ADP) as a very successful model of local area development.

    Aspirational Districts Programme

    • Launched in January 2018, the ‘Transformation of Aspirational Districts’ initiative aims to remove this heterogeneity through a mass movement to quickly and effectively transform these districts.
    • The broad contours of the programme are Convergence (of Central & State Schemes), Collaboration (of Central, State level ‘Prabhari’ Officers & District Collectors), and Competition among districts driven by a spirit of mass Movement.
    • With States as the main drivers, this program will focus on the strength of each district, identify low-hanging fruits for immediate improvement, measure progress, and rank districts.

    Selection of districts

    • A total of 117 Aspirational districts have been identified by NITI Aayog based upon composite indicators.
    • These include Health & Nutrition, Education, Agriculture & Water Resources, Financial Inclusion and Skill Development and Basic Infrastructure which have an impact on Human Development Index.

    Weightage has been accorded to these districts as below:

    • Health & Nutrition (30%)
    • Education (30%)
    • Agriculture & Water Resources (20%)
    • Financial Inclusion & Skill Development (10%)
    • Basic Infrastructure (10%)

  • A clean, green future for Indian cities

    This year, the United Nations Decade on Ecosystem Restoration is being launched, building towards the goals of this decade. In light of this, the article highlights the mitigating potentials of various missions undertaken by the Ministry of Housing and Urban Affairs.

    A networked approach to achieving the SDG

    • The delicate balance between sustainable development and environmental protection is one of the core targets of the UN 2030 agenda for sustainable development.
    • A networked approach to achieving the Sustainable Development Goals has been included in India’s policy and political discourse.
    • The motto of the 2030 agenda — “Leave no one behind” — very much embodies the essence of Gandhiji’s philosophy of sarvodaya through antyodaya.
    •  This guiding principle has long been a part of the execution of the national programmes and missions of the Ministry of Housing and Urban Affairs (MoHUA).

    Achieving SDGs through flagship missions of MoHUA

    • In 2014 the Swachhata movement was launched.
    • It was, in effect, the harbinger of a total transformation of our urban landscape.
    • In June 2015, the Ministry of Housing and Urban Affairs launched flagship mission — Pradhan Mantri Awas Yojana (Urban), Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and the Smart Cities Mission.
    • The SDGs are reflected in the core objectives of these missions.
    • They have achieved their set targets while ensuring that sustainable development is a non-negotiable part of them.

    Ensuring sustainable development

    1) Swachh Bharat Mission (Urban)

    • It focuses on achieving an open-defecation-free India, building solid waste management capacity and bringing about behavioural change.
    • Cooperative and competitive federalism have become the driving force behind this citizen-led jan andolan.
    • It is estimated that the various initiatives under SBM-U can mitigate 17.42 million tonnes of carbon dioxide equivalent of greenhouse gas (GHG) emissions by 2022.

    2) Smart Cities Mission

    • The Smart Cities Mission is aiding technological advancements of our cities to improve governance, sustainability and disaster risk resilience.
    • Smart solutions are being implemented to improve energy efficiency and non-motorised transport capacity in urban centres.
    • The Climate Smart Cities Assessment Framework has been adopted which aims to help cities adapt, collaborate and exchange best practices to achieve international standards for green, sustainable and resilient urban habitats.

    3) AMRUT

    • Under AMRUT, water supply and management, energy efficiency and increased green spaces have been part of the goal in 500 target cities.
    • As of today, 1,831 parks over 3,700 acres have been developed, 85 lakh street lights have been replaced, resulting in energy saving of 185.33 crore units (kWh), and 106 water bodies have been rejuvenated.
    • The mission is likely to result in the mitigation of 48.52 million tonnes of CO2 equivalent of GHG emissions by 2022.

    4) Pradhan Mantri Awas Yojana (Urban)

    • With 1.12 crore houses sanctioned, Pradhan Mantri Awas Yojana (Urban) has focused on new construction technologies that are innovative, environmentally friendly and disaster-resilien.
    • The Prime Minister launched six Light House Projects on January 1, 2021.
    • These are already under construction.
    • Additionally, about 43.3 lakh houses are being constructed where fly ash bricks/blocks and concrete blocks are being used.
    • Overall, the mission has the potential to mitigate around 12 million tonnes CO2 equivalent of GHG emissions by 2022.

    5) Metro rail

    • An energy-efficient mass rapid transit system, is operational in 18 cities with over 720 km of line constructed.
    • Another 1,055 km of new lines is under construction in 27 cities.
    • This network is expected to mitigate around 21.58 million tonnes of CO2 eq GHG from 2015-2022.
    • Cumulatively, the national missions under the MoHUA are projected to mitigate GHG emissions equivalent to more than 93 million tonnes of CO2 by 2022.

    Conclusion

    A progressive track of urban development while keeping sustainability, disaster risk resilience and community building at its core has been the guiding principle of the government. It will help us preserve our environment, restore ecosystems and mitigate the risks posed by climate change in the coming decade.

  • Caste-wise split in MGNREGA wage payments

    The Centre has asked the States to split wage payments under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme into separate categories for Scheduled Castes, Scheduled Tribes and others from this financial year.

    What is MGNREGA?

    • The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
    • This is a labour law and social security measure that aims to guarantee the ‘Right to Work’.
    • The act was first proposed in 1991 by P.V. Narasimha Rao.

    The objectives of the MGNREGA are:

    • To enhance the livelihood security of the rural poor by generating wage employment opportunities.
    • To create a rural asset base that would enhance productive ways of employment, augment and sustain a rural household income.

    What is so unique about it?

    • MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
    • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Thus, employment under MGNREGA is a legal entitlement.

    Answer this PYQ in the comment box:

    Q.Among the following who are eligible to benefit from the “Mahatma Gandhi national rural employment guarantee act”?

    (a) Adult members of only the scheduled caste and scheduled tribe households.

    (b) Adult members of below poverty line (BPL) households.

    (c) Adult members of households of all backward communities.

    (d) Adult members of any household.

    What is the move?

    • States were asked to verify if job cards for SC and ST beneficiaries were being properly allocated at the field level.
    • They were told they would be given fund allocations according to this criterion, indicating that labour budgets would also be segregated on a caste basis.
    • It was aimed at timely wage payments.

    Reasons behind

    • There is some inbuilt positive discrimination in the scheme, reflected in the fact that more than 50% of workers are women and almost 40% are SC/ST.
    • However, it felt that the proposed reform would not help SC/ST workers, but would expose all workers to further uncertainties as the system struggles with changes.

    Issues with the announcement

    • Workers’ advocates feared this move would cause unnecessary delays and complications in the payment system, and worried that it could lead to a reduction in scheme funding.
    • The rationale was very simple. It is not as if the payments made to SC and ST are not reported on the NREGA website, but overall, in terms of the budgetary outlay.
    • When people take an assessment merely on the Budget head under which the programme is budgeted, then they miss out on this intricate nuance.
    • So the Finance Ministry advised that both the Centre and States should make Budget provisions under SC and ST components as well.

  • Model Tenancy Act 2019

    The Union Cabinet has approved the Model Tenancy Act (MTA) to be sent to the States and Union Territories to enact legislation or amend laws on rental properties.

    Model Tenancy Act

    • MTA is aimed at opening up of the vacant housing stock for rental housing purposes and helping bridge the trust deficit that exists between tenants and landlords by clearly delineating their obligations.
    • The housing and urban affairs ministry had floated the draft model tenancy law in July 2019.

    Major provisions of MTA

    (1) Rent Court and Rent Tribunal:

    • To ensure speedy redressal of disputes, the Act calls for establishing a separate Rent Court and Rent Tribunal in every state/UTs to hear appeals for matters connected to rental housing.
    • Only the rent court and no civil court will have the jurisdiction to hear and decide the applications relating to disputes between landowner and tenant and matters connected with it.
    • It calls for the disposal of complaints and appeals by the Rent Court and Rent Tribunals within 60 days.

    (2) Tenancy Agreements:

    • It also seeks to establish an independent authority in every state and Union Territory for the registration of tenancy agreements.
    • Under the Act, unless otherwise agreed in the tenancy agreement, the landlord will be responsible for activities like structural repairs except those necessitated by damage caused by the tenant etc.
    • On his part, a tenant will be responsible for drain cleaning, switches and socket repairs, kitchen fixtures repairs, replacement of glass panels in windows, doors and maintenance of gardens and open spaces, among others.

    For residential and commercial properties

    • The Act will apply to premises let out for residential, commercial or educational use, but not for industrial use. It also won’t cover hotels, lodging houses, inns, etc.
    • This model law will be applied prospectively and will not affect existing tenancies.
    • It seeks to cover both urban as well as rural areas.
    • The Act says that a security deposit equal to a maximum of two month’s rent in the case of residential premises and a maximum of six month’s rent in the case of non-residential premises would have to be paid by the tenants.

    How will states implement it?

    • As per the MoU signed under PMAY-U, the states and union territories would legislate or amend the existing rental laws on the lines of the MTA.

    Why was a need felt to bring this on?

    (1) For a rental economy

    • Without a well-rounded rental policy and the proper implementation of the rental contracts, there was no sound mechanism to resolve tenant-landlord conflicts.
    • Property owners find it challenging to evict tenants if they misuse the property.
    • To steer clear of such complications, such property owners often chose to keep these homes vacant instead of renting them out.

    (2) Unattractive rental yield

    • In India, the rental yield for residential property is quite low, even in bigger cities. It is in the range of 1.5% to 3% of the capital values.
    • This has disincentivized people from investing in second or third homes which could be rented out.
    • Often, they also prefer to leave their properties vacant in case they return to India.
    • NRIs avoid leasing their residential properties for fear of squatters and dealing with the legalities of eviction.

    How will MTA help?

    (1) Unlocking homes

    • It will unlock vacant houses for rental purposes
    • It will enable the creation of adequate rental housing stock for all the income groups thereby addressing the issue of homelessness.

    (2) Helping migrants

    • Rental housing is a preferred option for students and migrants.
    • It will balance the rights of both landlords and tenants.

    (3) Effective negotiations

    • There is no monetary ceiling under MTA, which enables parties to negotiate and execute the agreement on mutually agreed terms.
    • It will give confidence to landlords to let out their vacant premises, the housing ministry said.
    • The Act also tries to address how a renter can legitimately increase the rent.

    (4) Control over encroachments

    • It has proposed limiting the advance security deposits to two months’ rent and has also suggested heavy penalties for tenants who decide to overstay.
    • Those who do may have to shell out double the rent for two months and even four months.

    (5) Rights of tenants

    • The landowner cannot cut power and water supplies in case of a dispute and would have to provide a 24-hour notice to tenants to carry out repair work.
    • Should the landlords wish to increase the rent, they will need to provide a three-months notice to the tenants.
    • These measures would go a long way in protecting the rights of a tenant as it regulates the rent hikes that tenants have had to face.

    Challenges ahead

    While the proposals of the Act have been widely welcomed, their implementation may not be very simple.

    (1) Not Binding nature

    • The Act is not binding on the states as land and urban development remain state subjects.
    • Like in the case of RERA, the fear is that states may choose not to follow guidelines, diluting the essence of the Model Act.

    (2) Issues over paltry rents

    • Also, the Model Act is prospectively applicable and will not affect the existing tenancies.
    • The repeal of rent control Acts can be governed by political exigencies.
    • This may be a complicated process in cities like Mumbai, where tenants have occupied residential properties in prime areas for absurdly low rents.

  • [pib] SDG India Index 2021

    The third edition of the SDG India Index and Dashboard 2020–21 was released by NITI Aayog.

    SDG India Index

    • The index measures the progress at the national and sub-national level in the country’s journey towards meeting the Global Goals and targets.
    • It has been successful as an advocacy tool to propagate the messages of sustainability, resilience, and partnerships, as well.
    • From covering 13 Goals, 39 targets, and 62 indicators in the first edition in 2018-19 to 17 Goals, 54 targets and 100 indicators in the second; this third edition of the index covers 17 Goals, 70 targets, and 115 indicators.

    Aims and objectives

    • The construction of the index and the ensuing methodology embodies the central objectives of measuring the performance of States and UTs on the SDGs and ranking them.
    • It aims at supporting States and UTs in identifying areas which require more attention; and promoting healthy competition among them.

    Methodology and Process

    • The index estimation is based on data on indicators for the first 16 goals, with a qualitative assessment for Goal 17.
    • The technical process of target setting and normalization of scores follow the globally established methodology.
    • While target setting enables the measurement of the distance from the target for each indicator, the process of normalization of positive and negative indicators allows for comparability and estimation of goal-wise scores.
    • The composite score of a State is derived by assigning each goal the same weight, keeping in mind the indivisible nature of the 2030 Agenda.
    • The selection of indicators is preceded by a consultative process undertaken in close coordination with MoSPI, Union Ministries and stakeholders from States and UTs.

    Highlights of the 2021 Report

    States and Union Territories are classified as below based on their SDG India Index score:

    • Aspirant: 0–49
    • Performer: 50–64
    • Front-Runner: 65–99
    • Achiever: 100

    Its significance

    • The index represents the articulation of the comprehensive nature of the Global Goals under the 2030 Agenda while being attuned to the national priorities.
    • The modular nature of the index has become a policy tool and a ready reckoner for gauging the progress of States and UTs on the nature of goals including health, education, gender, economic growth and climate change and the environment.

    Back2Basics: Sustainable Development Goals

    • The UN General Assembly in its 70thSession considered and adopted the Sustainable Development Goals (SDGs) for the next 15 years.
    • The 17 SDGs came into force with effect from 1st January 2016.
    • Though not legally binding, the SDGs have become de facto international obligations and have the potential to reorient domestic spending priorities of the countries during the next fifteen years.
    • Countries are expected to take ownership and establish a national framework for achieving these goals.
    • Implementation and success will rely on countries’ own sustainable development policies, plans, and programs.

  • [pib] Research Design & Standards Organization

    RDSO (Research Design & Standards Organization) of Indian Railways has become the FIRST Institution to be declared SDO under the “One Nation One Standard ” mission of BIS ( Bureau of Indian Standards).

    About RDSO

    • Research Designs & Standards Organization (RDSO), Lucknow, \ is the sole R&D Wing of the Ministry of Railways.
    • It is one of India’s leading Standard formulating Body undertaking standardization work for the railway sector.

    Answer this PYQ in the comment box:

    Q.Consider the following statements:

    1. The Standard Mark of the Bureau of Indian Standards (BIS) is mandatory for automotive tyres and tubes.
    2. AGMARK is a quality Certification Mark issued by the Food and Agriculture Organisation (FAO).

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    What is One Nation One Standard mission?

    • The purpose of setting standards and enforcing them is not to bring back “inspection raj” but to ensure that quality products are made available to consumers.
    • The Bureau of Indian Standards (BIS), the only national body that frames standards, has come out with more than 20,000 standards for various products and services so far.
    • Besides this, there are about 50-odd agencies that have framed about 400 standards in the country.
    • There are multiple standards in the country for a single product/service. The new mission is to converge such standards with the BIS.

    Objectives of the mission:

    • No one should feel the need to go abroad to get a quality certification.
    • Lab testing in India should be of world standards. Modern equipment and the latest technologies would be used there.

    Why such a move?

    • Having uniform national standards will help in making it mandatory for more products.
    • The government proposes to set Indian standards in line with the global benchmarks, just like other countries enforce their standards on imported products.
    • The Centre, through this move, wants foreign goods coming into India to comply with Indian standards.

    Back2Basics: Bureau of Indian Standards (BIS)

    • BIS is the National Standards Body of India working under the aegis of the Ministry of Consumer Affairs, Food & Public Distribution.
    • It is established by the Bureau of Indian Standards Act, 1986 which came into effect on 23 December 1986.
    • The organization was formerly the Indian Standards Institution (ISI), set up under the Resolution of the Department of Industries and Supplies in September 1946.
    • The ISI was registered under the Societies Registration Act, 1860.
    • A new Bureau of Indian standard (BIS) Act 2016 has been brought into force with effect from 12 October 2017.
    • The Act establishes the Bureau of Indian Standards (BIS) as the National Standards Body of India.

  • Mid Day Meal Scheme

    The Centre has decided to give about ₹100 each to children studying in Class 1 to Class 8 in government schools, who are beneficiaries of the Mid Day Meal scheme.

    Mid Day Meal Scheme

    • The Midday Meal Scheme is a school meal programme in India designed to better the nutritional standing of school-age children nationwide.
    • It is a wholesome freshly-cooked lunch served to children in government and government-aided schools in India.
    • The programme supplies free lunches on working days for children in primary and upper primary classes in government, government-aided, local body and alternate innovative education centres, Madarsa and Maqtabs.
    • Serving 120,000,000 children in over 1,265,000 schools and Education Guarantee Scheme centres, it is the largest of its kind in the world.
    • The programme has undergone many changes since its launch in 1995. The Midday Meal Scheme is covered by the National Food Security Act, 2013.

    The scheme aims to:

    1. avoid classroom hunger
    2. increase school enrolment
    3. increase school attendance
    4. improve socialization among castes
    5. address malnutrition
    6. empower women through employment

    Answer this PYQ in the comment box:

    Q.An objective of the National Food Security Mission is to increase the production of certain crops through area expansion and productivity enhancement in a sustainable manner in the identified districts of the country. What are those crops?

    (a) Rice and wheat only

    (b) Rice, wheat, and pulses only

    (c) Rice, wheat, pulses, and oilseeds only

    (d) Rice, wheat, pulses, oilseeds, and vegetables

    What is the new move?

    • The money, ₹1200 crore in total, will be given to 11.8 crore children through direct benefit transfer as a one-time payment.
    • The money comes from the cooking cost component of the scheme, it said.
    • This decision will help safeguard the nutritional levels of children and aid in protecting their immunity during challenging pandemic times.

  • Tackling rural economic distress

    The disruption caused by the second Covid wave has added to the hardship faced by the migrant workers and the rural poor. Dealing with it requires strengthening of  PDS and MGNREGS.

    Distress due to second Covid wave

    • Several States have imposed lockdown amid second Covid wave which will have severe implications for the livelihoods of those in the informal sector.
    • Migrant workers and the rural poor have been facing great distress over the past one year and the crisis for food and work is only going to intensify further.
    • The migrants have again become vulnerable due to the lockdown in different cities.
    • In this context, there is an urgent need to strengthen the public distribution system (PDS) and the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

    Steps need to be taken

    • The government announced 5 kg free foodgrains for individuals enlisted under the National Food Security Act (NFSA), for May and June 2021.

    1) Changes in PDS

    • Expand coverage: The government should expand PDS coverage immediately and include all eligible households under the schemes.
    • According to an independent study, about 100 million people are excluded from the ration distribution system owing to a dated database based on the 2011 Census.
    • Extend period: The Centre should also extend the free foodgrains programme to a year instead of limiting it to two months.

    2) Expand MGNREGS

    • The Centre had allocated ₹73,000 crore for 2021-22 for MGNREGS and notified an annual increment of about 4% in wages. 
    • Both these provisions are inadequate to match the requirements on the ground.
    • The central allocation for MGNREGS is about ₹38,500 crore less than last year’s revised estimate.
    • The budget for 75-80 days of employment in the year for 6.5 crore families given the current scale of economic distress.
    • By this rationale, at the current rate of ₹268/day/person, at least ₹1.3 lakh crore will have to be budgeted.
    • The government should also re-consider its decision of a mere 4% increase in MGNREGS wages and hike it by at least 10%.

    Conclusion

    A large population is facing hunger and a cash crunch. The situation is only becoming more dire as the pandemic continues to rage on. Therefore, the Union government should prioritise food and work for all and start making policy reforms right away.

  • Maratha quota judgment could lead to a federal crisis on reservation

    The article highlights the issues with the Supreme Court’s interpretation of the 102nd amendment depriving the States of power to identify the SEBCs.

    How 102nd Constitution Amendment was interpreted by the SC?

    • Supreme Court held that the 102nd Constitution Amendment has taken away the power of the states to identify and prepare a list of Socially and Economically Backward Classes (SEBCs).
    • The Supreme Court has interpreted the 102nd constitutional amendment to the effect that only the President can publish a list of backward classes in relation to each state and that only Parliament can make inclusions and exclusions in that list.
    • The Supreme Court has also directed the central government to notify the list of SEBCs for each state and Union Territory.
    • Until such lists are prepared, the court directed that the present state list would continue to be in operation.

    Time-honoured authority of the States

    • The states have been exercising the power to identify the list of SEBCs from the beginning of the 20th century.
    • In states like the Madras Presidency, Mysore, Bombay, Travancore-Cochin, reservation and other benefits to OBCs were in practice since the 1920s.
    • The Constitution (First Amendment) Act, 1951 and the insertion of Article 15(4), empowered the states to make “special provision for the advancement of socially and educationally backward classes of citizens”.
    • In states like Bihar, 26 per cent reservation to OBCs in jobs and educational institutions were provided in 1978 on the recommendations of the Mungeri Lal Commission.
    • Similarly, in more than a dozen states, reservation in jobs and educational institutions were provided on recommendations of the respective state commissions.

      Central list of SEBC after Indra Sawhney judgment

    • Till 1992, there was no central list of SEBCs and no reservation in jobs and educational institutions in the central government.
    • In the Indra Sawhney judgment in 1992, the Supreme Court upheld 27 per cent reservation in central government jobs for SEBCs.
    • After Indra Sawhney, the Union government was authorised to prepare a central list for reservation of SEBCs in central government jobs and take other affirmative actions.
    • Acting on the directions of the Supreme Court in Indra Sawhney, the central and several state governments enacted laws for setting up commissions to ascertain and identify the backward class of citizens.
    • Therefore, after 1992, there was a “central list” for central government services and a “state list” that was prepared by state governments for state-specific jobs.

    Intention of the Union government

    • The intention was not to change the status quo and to take away the power of the state governments to prepare and notify a separate state list of SEBCs.
    • Even during the discussion in the select committee of Parliament on the 102nd Constitution Amendment, the Ministry of Social Justice and Empowerment clarified that the proposed insertion of Article 342A (1) and (2) did not interfere with the power of state governments to identify SEBCs.
    • In the affidavit filed by the central government before the Supreme Court, it was submitted that the power of Parliament to identify SEBCs lay with reference to the central list and states would have a separate list of SEBCs for reservation.

    Way forward

    • If the review petition fails to convince the Supreme Court, the central government would have to expeditiously bring a constitutional amendment to resolve this crisis.

    Consider the question “Examine the issues with the Supreme Courts interpretation of the 102nd constitutional amendment regarding the States’ right to identify the socially and economically backward class.” 

    Conclusion

    The majority judgement by 3:2 has failed to appreciate that Article 15 empowers the states to identify socially and economically backward classes of citizens and that this power has not been changed by the 102nd Constitution Amendment.