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

Civilsdaily

Login

GS Paper: GS2

  • [pib] PM marks 5 years of abrogation of Articles 370 and 35(A)

    Why in the News?

    The Prime Minister recalled the Parliament’s 5-year-old decision to abrogate Articles 370 and 35(A), calling it a watershed moment.

    About Articles 370 and 35(A) of the Indian Constitution

    [1] Article 370: 

    Description
    Provision Grants special autonomous status to the state of Jammu and Kashmir.
    Nature Initially intended as a temporary provision, subject to eventual change or abrogation.
    Powers of State Allowed J&K to have its own Constitution and autonomy over internal matters except defense, foreign affairs, finance, and communications.
    Presidential Order President of India could extend or modify the application of Indian laws to J&K with the concurrence of the state government.
    Autonomy Details Provides a degree of autonomy to the state and permits the state to give some special privileges to its “permanent residents”.
    Emergency Provisions Emergency provisions are not applicable to the state on the grounds of “internal disturbance” without the concurrence of the State.
    State Boundaries Name and boundaries of the State cannot be altered without the consent of its legislature.
    Separate Institutions State has its own constitution, a separate flag, and a separate penal code (Ranbir Penal Code).
    Assembly Duration Duration of the state’s Assembly is 6 years, unlike five in the rest of India.
    Parliamentary Jurisdiction
    • Indian Parliament can pass laws regarding J&K in the matters of defense, external affairs, and communication only.
    • Any other law formed by Union will only be applicable in J&K by presidential order if it concurs with the state assembly.
    Abolishment Condition President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.
    Abolishment In August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament.
    Impact of Abrogation
    • J&K’s special status was revoked.
    • It was reorganized into two Union Territories: Jammu and Kashmir, and Ladakh.

     

    [2] Article 35A:  

    Description
    Provision Empowers the J&K legislature to define permanent residents of the state and provide them with special rights and privileges.
    Insertion Added to the Constitution through a Presidential Order in 1954.
    Permanent Residents Defined by the state as those who were state subjects on May 14, 1954, or have been residents for 10 years, and lawfully acquired immovable property.
    Special Rights Permanent residents were given exclusive rights to employment under the state government, acquisition of immovable property in the state, and scholarships.
    Constitutionality Debate Debated on the grounds that it was not added via an amendment procedure.
    Criticism Criticized for being discriminatory and creating a sense of separation from the rest of India.
    Revocation Along with Article 370, Article 35A was effectively nullified on August 5, 2019.

     

    PYQ:

    [2016] To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity.
  • [5th August 2024] The Hindu Op-ed: The psychology of extravagance

    [5th August 2024] The Hindu Op-ed: The psychology of extravagance

    PYQ Relevance:

    Mains:

    Q1 Critically discuss the objectives of Bhoodan and Gramdan movements initiated by Acharya Vinoba Bhave and their success.  (UPSC IAS/2013) 

    Q2 Can the vicious cycle of gender inequality, poverty and malnutrition be broken through microfinancing of women SHGs? Explain with examples.  (UPSC IAS/2021) 

    Note4Students: 

    Mains: Reason behind the inequality in India ;

    Mentor comments: Inequality in India is characterized by significant disparities in wealth and income distribution. The richest 1% of the population owns over 58% of the nation’s wealth, while the bottom 50% holds merely 3%. Factors contributing to this inequality include caste, gender, and regional disparities. Women, for instance, earn 34% less than men and own only 2% of agricultural land despite comprising 42% of the agricultural workforce. The COVID-19 pandemic exacerbated these inequalities, with the wealth of billionaires increasing while poverty deepened for many.

    Let’s learn!

    __

    Why in the News? 

    In their March 2024 study, “Income and Wealth Inequality in India, 1922-2023: The Rise of the Billionaire Raj,” economists Nitin Kumar Bharti, Lucas Chancel, Thomas Piketty, and Anmol Somanchi report that in 2022-23, the top 1% of the population held 22.6% of the total income and 40.1% of the total wealth in India.

    A case of gross disproportion as per study

    • Income and Wealth Distribution: In 2022-23, the top 1% of India’s population received 22.6% of national income and owned 40.1% of total wealth. This marks the highest levels of inequality recorded since 1961, indicating a stark concentration of wealth among the richest individuals, with the top 0.1% earning nearly 10% of national income.
    • Comparison with Historical Context: The report suggests that the current inequality levels are greater than those during the British colonial rule, with the top 10% of the population owning 65% of total wealth. In contrast, the bottom 50% holds only 6.4% of total wealth and earns 15% of national income.
    • Wealth of the Wealthy: The wealthiest 10,000 individuals possess an average of ₹22.6 billion, which is approximately 16,763 times the average wealth of an Indian.  
    • Start of inequality: The rise in inequality began in the 1980s with economic liberalization, accelerating after the 1991 reforms. The share of the bottom 50% in national income dropped significantly, while the income share of the top 10% increased dramatically during the same period.

    The reason behind the inequality: 

    • Economic Liberalization: The economic reforms initiated in the 1990s led to rapid growth in certain sectors, particularly in urban areas, while rural and less developed regions lagged behind.  
    • Lack of Inclusive Growth: Economic growth has not been inclusive, with benefits disproportionately favouring certain sectors and geographic regions. For instance, the service sector, which significantly contributes to GDP, is concentrated in a few states like Maharashtra and Karnataka.
    • High Unemployment and Underemployment: A lack of sufficient job creation and the prevalence of underemployment contribute to low productivity and income levels among the majority of the population
    • Caste and Gender Discrimination: Social stratification based on caste and gender continues to limit access to opportunities for marginalized groups. For example, upper castes hold a disproportionate share of wealth, while Scheduled Castes and Scheduled Tribes have significantly lower ownership of assets.
    • Educational Disparities: Access to quality education is uneven, with lower-income groups often lacking the resources to attain higher education, which is crucial for upward mobility. This educational gap perpetuates income inequality.
    • Regional Imbalances: Certain states in India are significantly more developed than others, leading to disparities in income and wealth distribution. For instance, five states own about 50% of the country’s total wealth, Maharashtra (17% of the country’s wealth share) Uttar Pradesh (11.6%), Kerala (7.4%), Tamil Nadu and Haryana

    Way forward

    • Redistribution of Wealth: The funds generated from increased taxation should be directed towards social programs that improve access to education, healthcare, and nutrition for lower-income groups. 
    • Invest in Rural Development: Need to focus on targeted investments in rural areas which can help bridge the gap between urban and rural economies.
    • Promote Quality Education and Skill Development: Expanding access to quality education and vocational training for marginalized communities can empower individuals and enhance their employability.

  • Why did courts revisit bar on sub-quotas?     

    Why in the News?

    A seven-judge Bench of the Supreme Court has ruled that States can subdivide Scheduled Castes (SC) into groups to allocate sub-quotas within the Dalit reservation.

    Will the Weaker Among Dalits Get Representation from Further Sub-Classification?

    • The Supreme Court’s ruling allows states to create sub-classifications within the SC category, which is expected to enable states to earmark sub-quotas for the most marginalized sections of Dalits.
    • This decision aims to ensure better representation for weaker groups within the SC community who have historically been underrepresented and have not benefitted adequately from existing reservations.
    • The ruling emphasizes that treating SC communities as a homogeneous group undermines the objective of reservations, as there are significant differences in advancement and discrimination among various SC communities.

    Why Did the Supreme Court Overrule a Five-Judge Decision of 2004?

    • The 2004 judgment in E.V. Chinnaiah vs. State of Andhra Pradesh held that SCs constitute a single homogeneous class and that any sub-classification was unconstitutional, as it violated Article 341, which empowers the President to notify the list of SCs.
    • The recent seven-judge Bench, led by Chief Justice D.Y. Chandrachud, found this ruling to be incorrect, stating that SC communities are not homogeneous and that there are inter se differences among them.
    • The majority opinion argued that the act of notifying a list of SCs does not create a uniform class, and sub-classification is permissible based on “intelligible differentia” and should have a rational nexus to the purpose of doing it.

    What are the views on Creamy layer exclusion?

    • The concept of the creamy layer, which excludes more advanced members of a community from benefiting from affirmative action, is currently applicable only to Other Backward Classes (OBCs) and has not been extended to Dalit communities.
    • Justice B.R. Gavai, in a separate opinion, emphasized the need to identify and exclude the more advanced among SCs from affirmative action benefits, arguing that treating all members equally disregards the principle of equality.
    • The opinions regarding creamy layer exclusion do not constitute a directive for the government to implement this concept for SCs, as the issue was not directly addressed in the current case.

    Do the Judges’ Opinions on this Constitute a Direction to the Government?

    • The judges’ opinions on sub-classification and creamy layer exclusion provide a legal framework for states to follow but do not serve as a direct mandate for the government to implement changes.
    • The ruling establishes that states have the authority to sub-classify SCs for the purpose of extending reservation benefits, but the specific implementation details and parameters for creamy layer exclusion remain open for further consideration and do not compel immediate action from the government.

    Way forward: 

    • Implementation Framework for Sub-Classification: The government should establish a comprehensive framework that outlines the criteria and process for sub-classification of SCs.
    • Addressing Creamy Layer Exclusion: The government should consider developing specific criteria for identifying the “creamy layer” within SCs, similar to the criteria used for OBCs.
  • [3rd August 2024] The Hindu Op-ed: The five guidelines to a Dragon-Elephant tango

    [3rd August 2024] The Hindu Op-ed: The five guidelines to a Dragon-Elephant tango

    PYQ Relevance:

    Mains:

    Q1 The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (UPSC IAS/2018) 

    Q2 China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbour. (UPSC IAS/2017) 

    Prelims: 
    Q ‘Belt and Road Initiative’ is sometimes mentioned in the news in the context of the affairs of: 
    (a) African Union 
    (b) Brazil 
    (c) European Union 
    (d) China

    Note4Students: 

    Prelims: Internation groups in which India and China are both members;

    Mains: Issues between India and China;

    Mentor comments: India-China relations are characterized by a complex interplay of cooperation and conflict. Historically rooted in ancient civilizations, the two nations have faced significant challenges, particularly territorial disputes along their shared border. The 2020 clashes heightened tensions, leading to military standoffs and economic measures. Despite these issues, both countries recognize the importance of dialogue and mutual respect, as emphasized in recent diplomatic engagements. The “Five Mutuals” framework aims to foster cooperation, highlighting shared interests and the potential for collaboration in regional and global contexts.

    Let’s learn!

    __

    Why in the News? 

    The appointment of a new Chinese ambassador to India in May 2024 signals a potential intent to normalize relations. 

    Five guidelines of ‘Mutuals’

    • Mutual Respect: This principle emphasizes the importance of recognizing and valuing each other’s unique cultural identities, social systems, and developmental paths.  
    • Mutual Understanding: This guideline focuses on the need for empathy and support, particularly in acknowledging each other’s historical struggles for independence and development. It advocates for increased dialogue and communication at all levels to build political trust and a solid foundation for bilateral relations.
    • Mutual Trust: This principle highlights the necessity of overcoming suspicion and fostering a strategic perspective on bilateral relations. It encourages both countries to view each other as partners rather than competitors, promoting peaceful coexistence and the resolution of disputes through dialogue.
    • Mutual Accommodation: This guideline acknowledges that differences and frictions are natural between neighbouring countries. It stresses the importance of effectively managing these differences through dialogue and finding mutually acceptable solutions, ensuring that cooperation is not hindered by isolated incidents.
    • Mutual Accomplishment: This principle emphasizes the shared goals of national development and revitalization. It encourages China and India to support each other’s growth and collaborate on global issues, reinforcing the idea that their successes are interconnected and beneficial for both nations.

    Issues between India and China: 

    • Border Disputes: The most significant source of tension is the unresolved border disputes, particularly in regions like Aksai Chin and Arunachal Pradesh. The deadly clashes in Galwan Valley in 2020 marked a severe escalation, leading to a prolonged military standoff and ongoing military tensions along the Line of Actual Control (LAC).
    • Unequal Trade Relations: India faces a substantial trade deficit with China, leading to concerns about economic dependence. This imbalance has fueled economic nationalism and calls for reducing reliance on Chinese imports, further straining relations.
    • Strategic Alliances and Regional Influence: China’s strategic ties with Pakistan and its increasing influence in South Asia and the Indian Ocean have raised alarms in India.
      • India’s growing partnerships with the United States and other Quad members (Japan and Australia) are viewed by China as a challenge to its regional dominance, exacerbating the security dilemma between the two nations.
    • Political Pressure: China has used its influence to block India’s attempts to gain membership in international forums, such as the Nuclear Suppliers Group, and to prevent India from placing individuals wanted for terrorism on UN watchlists.  

    Need an ‘all-round relationship’ (Way forward)

    • Recognition of Differences: The relationship between China and India acknowledges the inevitability of differences and frictions due to their geographical proximity.
      • Understanding and correctly perceiving these differences is essential for developing a constructive relationship.
    • Dialogue and Mutual Accommodation: By emphasizing the importance of dialogue, both nations can effectively address core interests and concerns, allowing them to reach mutually acceptable solutions. This approach is rooted in the political wisdom of their ancient civilizations.
    • Comprehensive Cooperation: The relationship is all-encompassing, meaning it should not be defined solely by specific differences.
      • Cooperation should be resilient enough to withstand isolated incidents, ensuring that broader collaboration continues.
    • Shared Development Goals: Both countries are at critical stages of national development and revitalization, with common interests that provide ample opportunities for cooperation.
      • This shared vision fosters mutual accomplishments, promoting unity and collaboration in the Global South.

  • Elephant in Civil Servant’s room           

    Why in the news?

    The government’s recent decision to lift the ban on government employees participating in RSS activities threatens to undermine the remnants of a free and fair bureaucracy.

    Whether or not civil servants are banned from joining RSS 

    • Lifting the Ban: The Central government has lifted a 58-year ban on government servants joining the Rashtriya Swayamsevak Sangh (RSS). This ban was originally imposed in 1966 due to concerns about the organization’s political activities.
    • Government Justification: The government stated that the activities of the RSS are no longer deemed incompatible with civil service conduct rules, suggesting that the organization has been wrongly categorized as a banned entity.
    • Judicial Commentary: The Madhya Pradesh High Court remarked that it took nearly five decades for the government to recognize its mistake in banning civil servants from joining the RSS, indicating a shift in perception regarding the organization.
    • Political Reactions: The decision has sparked controversy, with opposition parties criticizing it as a threat to India’s secular fabric and accusing the government of politicizing the civil service. Critics argue that the RSS’s ideology conflicts with the principles of a secular state.
    • Support from RSS: The RSS welcomed the decision, asserting that it strengthens India’s democratic system and has historically contributed to national unity and social service.

    The idea of Constitutional Democracy

    • Constitutional democracy is a system of government that combines the principles of democracy with a constitution that limits the powers of the state and protects the rights of citizens.
    • The people are the ultimate source of power, and the government derives its authority from their consent. The constitution places restrictions on the government’s actions and establishes the structure of the government.
    • There is a separation of powers between the legislature, executive, and judiciary, with each acting as a check on the others. The rule of law applies equally to all citizens and the government itself.
    • Minority rights are protected, and the will of the majority is balanced against the rights of individuals and minority groups. Constitutional democracy guarantees some rights to everyone, irrespective of their status as a minority or majority.
    • The origins of constitutional democracy can be traced back to Enlightenment ideas of natural rights, social contract theory, and the separation of powers. The United States Constitution, adopted in 1787, was a pioneering example of a written constitution establishing a federal system of government with a separation of powers

    RSS Ideology vs Constitutional Democracy

    • Conflict of Ideologies: The lifting of the ban raises questions about the relationship between the RSS’s ideology and the constitutional framework of India. The RSS promotes a vision of a Hindu nation, which may conflict with the secular and pluralistic ideals enshrined in the Constitution.
    • Constitutional Morality: The Constitution aims to create a society that respects diverse religions and cultures, contrasting with the RSS’s focus on a singular religious identity. This juxtaposition presents challenges to the commitment of civil servants to uphold constitutional values.
    • Historical background of the Constitution: The Constitution was designed to restructure Indian society post-independence, ensuring inclusivity and rejecting the idea of a state aligned with a single religious community. The RSS’s ideology, which criticizes the post-1947 restructuring, poses a fundamental challenge to this vision.
    • Democratic Challenges: The existence of non-democratic and exclusionary ideas within a democratic framework complicates governance. The rise of Hindutva politics, which emphasizes majoritarianism and exclusion, threatens the principles of constitutional democracy.
    • Need for Reinforcement: To counter the influence of ideologies that contradict constitutional morality, there is a pressing need to reinvigorate the commitment to constitutional democracy among civil servants and the broader public.

    Conclusion: To uphold constitutional democracy, it is crucial to reinforce the commitment to secularism, inclusivity, and the rule of law among civil servants and the broader public amidst ideological challenges.

    Mains PYQ: 

    Q To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (2017)

  • [pib] Update on Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA)

    Why in the News?

    • An Extended Pradhan Mantri Surakshit Matritva Abhiyan (E-PMSMA) strategy was launched to ensure quality Antenatal Care (ANC) for pregnant women.
      • The strategy focuses on individual tracking of high-risk pregnancies (HRP) and provision of additional PMSMA sessions beyond the 9th of every month.

    About High-Risk Pregnancy: 

    • A high-risk pregnancy involves greater risk of health complications for the mother, the foetus, or both, due to pre-existing medical conditions, conditions that develop during pregnancy, or foetal issues.
    • Common Factors:
      • Maternal Health Conditions: Pre-existing diabetes, hypertension, HIV, kidney disease, or conditions arising during pregnancy like gestational diabetes and preeclampsia.
      • Obstetric Factors: Previous caesarean section, history of preterm labor, multiple pregnancies, and congenital malformations.

    About Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA)

    Details
    About An initiative to provide quality antenatal care (ANC) to all pregnant women.
    Launch  October 2016
    Target Group All pregnant women, especially those in their second and third trimesters.
    Frequency Services provided on the 9th of every month at government health facilities.
    Objective Ensure safe motherhood by providing comprehensive and quality antenatal care universally.
    Key Functions
    • General Check-Up: Physical and clinical examinations by medical professionals.
    • Laboratory Investigations: Routine blood tests, urine tests, and other necessary laboratory investigations.
    • Ultrasound: Ultrasound examination to monitor foetal growth and development.
    • Counseling: Nutritional and lifestyle counseling to ensure a healthy pregnancy.
    • High-Risk Identification: Screening and identification of high-risk pregnancies and appropriate referrals for specialized care.
    Key Features
    • Free of Cost: All services under PMSMA are provided free of cost.
    • Fixed Day ANC Services: Antenatal care services are provided on a fixed day every month.
    • Lab Investigations: Basic investigations like Hb, urine albumin, RBS, malaria test, VDRL test, blood grouping, CBC, ESR, and USG.
    • Public-Private Partnership: Encourages participation of private sector healthcare providers in providing ANC services.
    • Incentives: Incentives for healthcare providers who participate in the program.
    Categorization of Pregnant Women 
    • Green Sticker – for women with no risk factor detected
    • Red Sticker – for women with high risk pregnancy
    • Blue Sticker – for women with Pregnancy Induced Hypertension
    • Yellow Sticker – pregnancy with co-morbid conditions such as diabetes, hypothyroidism, STIs
    Benefits
    • Improved Maternal Health: Regular and comprehensive ANC helps in early detection and management of complications, improving maternal health outcomes.
    • Reduced Mortality Rates: Timely and quality care reduces maternal and infant mortality rates.
    • Health Education: Provides health education and counseling to pregnant women, promoting better health practices.
    • High-Risk Management: Identifies and manages high-risk pregnancies effectively, ensuring specialized care for those who need it.

    PYQ:

    [2024]  With reference to the ‘Pradhan Mantri Surakshit Matritva Abhiyan’, consider the following statements:

    1. This scheme guarantees a minimum package of antenatal care services to women in their second and third trimesters of pregnancy and six months post-delivery health care service in any government health facility.

    2. Under this scheme, private sector health care providers of certain specialities can volunteer to provide services at nearby government health facilities.

    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

  • [pib] Schemes implemented by the WCD Ministry clubbed into 3 Verticals

    Why in the News?

    • For better implementation and efficient monitoring, all schemes implemented by the Ministry for the betterment of children have been consolidated into 3 verticals:
    1. Saksham Anganwadi & Poshan 2.0,
    2. Mission Shakti, and
    3. Mission Vatsalya.
    • These verticals aim to improve nutrition and health indicators, ensure safety and empowerment of women, and provide protection and welfare for children in difficult circumstances.

    Scheme Details:

    [1] Saksham Anganwadi & Poshan 2.0 (Mission Poshan 2.0)

    • The Anganwadi Services Scheme, POSHAN Abhiyaan, and Scheme for Adolescent Girls have been reorganized into three primary sub-verticals:
      1. Nutrition Support: For POSHAN and Adolescent Girls.
      2. Early Childhood Care and Education: Targeting children aged 3-6 years.
      3. Anganwadi Infrastructure: Upgrading and modernizing Saksham Anganwadis.
    • Key Features:
    • Fortified rice supplied to Anganwadi Centres to meet micronutrient requirements and control anemia among children.
    • Emphasis on the use of millets for Hot Cooked Meals at least once a week and Take Home Ration (THR) at Anganwadi centers.

    [2] Mission Shakti

    • Sambal: Focuses on the safety and security of women.
      • Includes schemes like One Stop Centres (OSC), Women Helpline (181-WHL), and Beti Bachao Beti Padhao (BBBP).
    • Samarthya: Aims at the empowerment of women.
      • Encompasses schemes like Pradhan Mantri Matru Vandana Yojana (PMMVY), Ujjwala, Swadhar Greh (renamed as Shakti Sadan), Working Women Hostel (renamed as Sakhi Niwas), National Hub for Empowerment of Women (NHEW), and National Creche Scheme (renamed as Palna).

    [3] Mission Vatsalya

    • Objective: To provide better outreach and protection for children in need of care in a mission mode.
    • Goals:
      1. Support and sustain children in difficult circumstances.
      2. Develop context-based solutions for the holistic development of children from varied backgrounds.
      3. Encourage innovative solutions through green field projects.
      4. Facilitate convergent action by gap funding if required.

    PYQ:

    [2016] Which of the following are the objectives of ‘National Nutrition Mission’?

    1. To create awareness relating to malnutrition among pregnant women and lactating mothers.

    2. To reduce the incidence of anaemia among young children, adolescent girls and women.

    3. To promote the consumption of millets, coarse cereals and unpolished rice.

    4. To promote the consumption of poultry eggs.

    Select the correct answer using the code given below:

    (a) 1 and 2 only

    (b) 1, 2 and 3 only

    (c) 1, 2 and 4 only

    (d) 3 and 4 only
  • [2nd August 2024] The Hindu Op-ed: A verdict on the Money Bill that India awaits

    [2nd August 2024] The Hindu Op-ed: A verdict on the Money Bill that India awaits

    PYQ Relevance:

    Mains:

    Q1 The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017) 

    Q2 Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in the past few decades. Highlight the factors as well as the areas in which this transformation could be visible.  (UPSC IAS/2020) 

    Note4Students: 

    Prelims: Money Bill

    Mains: Issues related to Money Bill

    Mentor comments:  In the coming weeks, a seven-judge Bench of the Supreme Court of India will address key questions regarding the definition and scope of a Money Bill. The ruling will impact numerous legislations passed recently without Rajya Sabha approval. The case, stemming from the November 2019 Rojer Mathew vs. South Indian Bank Ltd. verdict, challenges the Finance Act, 2017. This Act, certified as a Money Bill, made extensive changes to 26 tribunals’ authority and jurisdiction, including their abolition, merger, and the imposition of new qualifications and service conditions.

    Let’s learn!

    __

    Why in the News? 

    The Supreme Court’s ruling will impact legislation passed without the Rajya Sabha’s approval and influence the state of India’s federal structure.

    Articles and definitions:
    • Article 109: Allows Money Bills to become law with only the Lok Sabha’s approval; Rajya Sabha can only make recommendations, which are not binding.
    • Article 110(1): Defines a Money Bill, listing subjects such as taxation, borrowing, and appropriation from the Consolidated Fund of India. A Bill must address only these subjects to be deemed a Money Bill.
    • Article 110(3): Grants the Speaker of the Lok Sabha the final authority to determine if a proposed legislation is a Money Bill.

    A colourable exercise of power: 

    • This term refers to actions taken by a legislative body that, while appearing to be within their authority, actually circumvent constitutional limits or principles. 
    • In the context of the Finance Act, 2017, the petitioners argue that the Act’s provisions extend beyond the permissible scope of a Money Bill, thereby constituting a subterfuge to bypass the Rajya Sabha. 

    Arguments Against the Finance Act, 2017

    • The Finance Act, 2017, included extensive amendments affecting the terms of office, qualifications, and regulatory powers of tribunals. These changes were seen as far-reaching and not merely incidental to financial matters, which should be the sole concern of a Money Bill as defined in Article 110(1) of the Constitution.
    • The Act conferred significant powers to the executive to regulate tribunals through delegated legislation. This delegation was criticized as granting unbridled authority, undermining the independence of the judiciary.
    • The petitioners contended that the Act perverted the Constitution’s plain language, aiming to defeat its fundamental principles, particularly the separation of powers and the independence of the judiciary.

    Judicial Precedents and Constraints

    • K.S. Puttaswamy Case: The majority in the Rojer Mathew case felt constrained by the precedent set in K.S. Puttaswamy vs. Union of India, where the Supreme Court upheld the classification of the Aadhaar Act as a Money Bill. The majority opinion noted that the Puttaswamy case did not adequately clarify the implications of the word “only” in Article 110(1), which is crucial for determining the legitimacy of a Money Bill.
    • Need for Clear Standards: The lack of bright-line rules regarding the Speaker’s certification of a Bill as a Money Bill has led to ambiguity. The Rojer Mathew case emphasizes the necessity for a definitive interpretation of what constitutes a Money Bill to prevent future misuse of this classification.

    Implications of the Rojer Mathew Case

    • Potential for Future Challenges: The outcome of the Rojer Mathew case could have significant implications for the classification of future legislation as Money Bills, particularly regarding the balance of power between the Lok Sabha and Rajya Sabha.
    • Broader Legislative Impact: If the seven-judge Bench decides to interpret the term “only” in a manner that restricts the scope of Money Bills, it could limit the legislative powers exercised through this route, thereby reinforcing constitutional safeguards against the misuse of legislative authority.
    Role of Rajya SabhaFederal Backbone:

    • Justice D.Y. Chandrachud emphasized that the Rajya Sabha is an “indispensable constitutive unit of the federal backbone of the Constitution.” It represents the interests of states and ensures their voices are heard in the legislative process.
    • Representation of Pluralism: The Rajya Sabha acts as a mirror to the pluralistic nature of Indian society, reflecting diverse regional and cultural interests that may not be adequately represented in the Lok Sabha.

    Checks and Balances
    • Preventing Authoritarianism: The Rajya Sabha serves as a check on the Lok Sabha, especially when the ruling party has a significant majority. It can prevent hasty or ill-considered legislation driven by populist sentiment.
    • Deliberative Role: As a deliberative body, the Rajya Sabha provides a platform for thorough debate on major issues, allowing for a more measured approach to law-making compared to the often fast-paced decisions of the Lok Sabha.

    Legislative Review
    • The Rajya Sabha is designed to review and re-evaluate legislation passed by the Lok Sabha, ensuring that laws are carefully considered and that potential flaws are addressed before enactment.
    • It acts as a guardian of the rights of states, promoting decentralization and ensuring that state interests are adequately represented in national legislation.

    Representation of Vulnerable Sections
    • Inclusivity: The Rajya Sabha allows for representing marginalized and minority groups, providing them a voice in the legislative process. This is particularly important for women, and religious, ethnic, and linguistic minorities who may struggle to gain representation in the Lok Sabha.
    • The President nominates members to the Rajya Sabha for their expertise in various fields, ensuring that diverse perspectives are included in legislative discussions.

    Way forward: 

    • Clarification of Money Bill Criteria: The Supreme Court should provide a clear and definitive interpretation of Article 110, particularly the implications of the term “only” in defining what constitutes a Money Bill.  
    • Strengthening the Role of the Rajya Sabha: The Court’s ruling should reinforce the importance of the Rajya Sabha as a critical component of India’s federal structure. 

  • Growing Bilateral Relations between India and Vietnam    

    Why in the news?

    During his welcome of Vietnamese Prime Minister Pham Minh Chinh, Prime Minister Narendra Modi emphasized the significance of freedom of navigation while subtly referencing China.

    Evolution of Bilateral Relations to Strategic Partnership

    • Early Relations: Cultural and economic links between India and Vietnam date back to the 2nd century, with significant support from India during Vietnam’s struggles against colonialism and foreign intervention, particularly during the Vietnam War.
    • Formal Diplomatic Relations: Official diplomatic relations were established in 1992, marking the beginning of extensive economic ties, including cooperation in oil exploration, agriculture, and manufacturing.
    • Upgrade to Strategic Partnership (2007): The relationship was elevated to a “Strategic Partnership” during Vietnamese Prime Minister Nguyen Tan Dung’s visit to India in July 2007. This marked a significant step in formalizing cooperation across various sectors, particularly in defence and security.
    • Comprehensive Strategic Partnership (2016): During Indian Prime Minister Narendra Modi’s visit to Vietnam in September 2016, the partnership was further upgraded to a “Comprehensive Strategic Partnership.” This upgrade emphasized enhanced cooperation in defence, trade, and cultural exchanges, as well as a shared commitment to regional security.

    Vietnam’s Remarkable Strides under Communist Party of Vietnam (CPV) Leadership

    • Economic Development: Under the CPV’s leadership, Vietnam has experienced significant economic growth and development, embracing a foreign policy of independence and multilateralism.
      • This approach has positioned Vietnam as a reliable partner in the region, fostering deeper economic ties with countries like India.
    • Strategic Investments: Vietnam has actively sought to attract Indian investments in various sectors, including renewable energy, pharmaceuticals, and technology.
      • The Vietnamese government has expressed gratitude for India’s support during the COVID-19 pandemic, particularly in vaccine distribution, which has further solidified ties between the two nations.

    Building Bridges in Strategic Relationship through Foreign Policy

    • Shared Vision for the Indo-Pacific: Both Prime Ministers emphasized their commitment to a free, open, and rules-based Indo-Pacific.
    • Indian PM’s assertion that India supports development, not expansionism, reflects a mutual stance against aggressive territorial claims, particularly in the South China Sea, where both nations advocate for adherence to international law.
    • Collective Approach to Conflicts: The leaders highlighted the importance of a collective approach to resolving regional conflicts, including those in Myanmar and West Asia.
      • This stance underscores their commitment to multilateralism and regional stability, with Vietnam recognizing India’s role as a stabilizing force in the Indo-Pacific.

    Significance of the Visit

    • Strengthening Strategic Ties: Prime Minister Chinh’s visit signifies a deepening of the strategic partnership, with both sides committing to enhanced cooperation in defence, maritime security, and economic development. 
      • The agreement on a $300 million credit line for Vietnam’s maritime capabilities is a notable outcome of the discussions.
    • Cultural and Economic Connectivity: The visit also marked the signing of multiple agreements across various sectors, including customs, agriculture, and traditional medicine, demonstrating a comprehensive approach to enhancing bilateral relations.
      • The establishment of digital payment connectivity is another step towards strengthening economic ties.

    Way forward: 

    • Strengthening Economic and Trade Ties: Both nations should focus on achieving the proposed bilateral trade target of $20 billion by expanding cooperation in key sectors such as renewable energy, technology, and agriculture.
    • Enhancing Defense and Security Cooperation: To address regional security challenges, particularly in the context of the South China Sea, India and Vietnam should deepen their defence and security collaboration.

  • States can sub-classify SCs for quotas: top court      

    Why in the news?

    • In a 6:1 majority ruling on August 1, the Supreme Court determined that sub-classification within the Scheduled Castes (SCs) and Scheduled Tribes (STs) categories is permissible to extend the benefits of affirmative action.
    • However, the seven-judge Bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, emphasized that this must be grounded on “quantifiable and demonstrable data” rather than political motivations.

    Why sub-classification is necessary?

    • Addressing Inequality Within SCs: The Supreme Court ruling emphasizes that SCs are not a homogeneous group. Instead, there are significant disparities in socio-economic and educational status among different castes within the SC category.
      • Sub-classification allows for the identification of those who are more disadvantaged and ensures that benefits are equitably distributed among them.
    • Equitable Distribution of Benefits: States have argued that despite existing reservations, certain castes remain grossly underrepresented compared to others.
      • Sub-classification aims to create separate quotas for these underrepresented groups within the SC quota, thereby promoting fairness and equity in the distribution of affirmative action benefits.
    • Legal Precedent and Historical Evidence: The majority opinion of the Supreme Court referenced historical and empirical evidence indicating that specific castes within the SCs face greater oppression and discrimination.
    • Judicial Oversight: The ruling stipulates that any sub-classification must be based on “quantifiable and demonstrable data” regarding levels of backwardness and representation, ensuring that the process is transparent and justifiable.

    What does the creamy layer principle say?

    • Exclusion of the Creamy Layer: The creamy layer principle refers to the exclusion of the more affluent and advanced members within a backward class from receiving reservation benefits. This principle is currently applied to Other Backward Classes (OBCs) but has been suggested for implementation within SCs and STs as well.
    • Achieving True Equality: Justice B.R. Gavai, in his concurring opinion, emphasized the need for states to identify and exclude the creamy layer among SCs and STs to ensure that affirmative action benefits reach those who are genuinely disadvantaged.
    • Historical reason: The creamy layer principle has been upheld in various Supreme Court judgments (Indra Sawhney judgment in 1992), which have recognized that certain individuals within reserved categories may have advanced socio-economic status and should not benefit from reservations intended for the disadvantaged.

    Way forward: 

    • Data Collection and Analysis: States should prioritize the collection of comprehensive and quantifiable data on the socio-economic status of different castes within the SC and ST categories.
    • Policy Framework for Creamy Layer Exclusion: States should develop clear policies to identify and exclude the creamy layer within SCs and STs from reservation benefits.