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GS Paper: GS2

  • Hate speech

    Former Supreme Court Judge Rohinton Fali Nariman has said civil suits against hate speech leading to the award of punitive damages should be taken up by courts.

    What did the ex-Judge say?

    • He described the Fundamental Duty of fraternity (Article 51A(5)) as the only Constitutional method of assuring the dignity of every citizen and the unity and integrity of the nation.
    • The cardinal principle of fraternity prescribed that every citizen honoured the other citizen in the spirit of brotherhood, transcending religious, sectarian, and other tendencies.
    • He opined that civil suits like defamation being dealt with fines would be more efficient in curbing hate speeches against individuals.

    Article 51A(5): Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.

    What is ‘Hate Speech?

    • There is no specific legal definition of ‘hate speech’.
    • The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
    • Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
    • In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.

    How is it treated in Indian law?

    • Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
    • Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.

    [I] Section 153A:

    • Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.

    [II] Section 505:

    • 505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
    • 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
    • 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.

    Why curb hate speeches?

    • Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
    • Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.

    Issues in regulating hate speech

    • Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
    • Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
    • Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.

    Way forward

    • Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
    • There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
    • We all have to work together and communicate efficiently for our country to be a healthy place to live in.

     

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  • Jharkhand wants new quota Bill placed in Ninth Schedule

    The Jharkhand assembly on Friday cleared two bills, one fixing land records of 1932 as the basis for a domicile in the state and another to increase reservation in state government jobs across categories to 77%

    What is the news?

    • Though both these bills were cleared unanimously, they would come into effect only after the Centre includes them in the Ninth Schedule of the Constitution.
    • A law in the Ninth Schedule is shielded from judicial review.

    Why the need to include in Ninth Schedule?

    • The 77 per cent reservation breaches the 50 per cent ceiling set by the Supreme Court in the landmark 1992 Indra Sawhney v Union of India verdict.
    • However, placing legislation in the Ninth Schedule shields it from judicial scrutiny.

    What is the Ninth Schedule?

    • The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts.
    • Most of the laws protected under the Schedule concern agriculture/land issues.
    • The Schedule became a part of the Constitution in 1951, when the document was amended for the first time.
    • It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
    • While A. 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.

    How many laws are there in ninth schedule?

    • Currently, 284 such laws are shielded from judicial review.
    • The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.

    Previous instances — Tamil Nadu’s case

    • A Tamil Nadu Law of 1993, reserves 69 per cent of the seats in colleges and jobs in the state government.
    • When it ran into legal obstacles in the 1990s after the SC verdict, the then CM led a delegation to New Delhi to meet the then PM PV Narasimha Rao.
    • The reservation provision was then included in the Ninth Schedule.

    Nature of exemption from Judicial Review

    • While the Ninth Schedule provides the law with a “safe harbour” from judicial review, the protection is not blanket.
    • The Tamil Nadu law was challenged in 2007 in the I R Coelho v State of Tamil Nadu
    • The Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights.
    • They can be challenged on the ground of violating the basic structure of the Constitution, said the apex court.

    Verdict of the IR Coelho Case

    • The IR Coelho verdict said, “A law that abrogates or abridges rights guaranteed by Part III of the Constitution may violate the basic structure doctrine or it may not.
    • If former is the consequence of law, whether by amendment of any Article of Part III or by an insertion in the Ninth Schedule, such law will have to be invalidated in exercise of judicial review power of the Court.”

     

    What is the 1973 deadline about?

    • The court clarified that the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973.
    • As it was in 1973 that the basic structure test was evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws.

     

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  • Population criteria for new Eklavya schools ‘impractical’: Parliamentary Panel

    A Parliamentary panel has refuted that 20,000 ST people, who make up at least 50% of the total population criteria is “impractical” to build new Eklavya Model Residential Schools (EMRS).

    What are Eklavya Schools?

    • EMRS started in the year 1997-98 to impart quality education to Scheduled Tribes (ST) children in remote areas in order.
    • It aims to enable them to avail of opportunities in high and professional educational courses and get employment in various sectors.
    • The schools focus not only on academic education but on the all-round development of the students.
    • Each school has a capacity of 480 students, catering to students from Class VI to XII.
    • Hitherto, grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution.
    • Eklavya schools are on par with Navodaya Vidyalaya and have special facilities for preserving local art and culture besides providing training in sports and skill development.

    Features of Eklavya Schools

    • Admission to these schools will be through selection/competition with suitable provision for preference to children belonging to Primitive Tribal Groups, first-generation students, etc.
    • Sufficient land would be given by the State Government for the school, playgrounds, hostels, residential quarters, etc., free of cost.
    • The number of seats for boys and girls will be equal.
    • In these schools, education will be entirely free.

    What is the population-based criteria?

    • The Tribal Affairs Ministry plans to build EMRS on 15 acres of land in all sub-districts which have ST communities of more than 20,000 people, who make up at least 50% of their total population.
    • Wherever density of ST population is higher in identified Sub-Districts (90% or more), it is proposed to set up Eklavya Model Day Boarding School (EMDBS) on an experimental basis.

    Issues with this criteria

    • There are difficulties in identifying and acquiring lands in several tribal districts.
    • Especially in forested or hilly areas, a contiguous 15-acre plot is hard to find.
    • This criterion would also deprive scattered ST populations of the benefit of the Eklavya schools.
    • For most of the places for EMRSs, there is no land available inside the village or the block.

     

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  • Giving More Autonomy to Universities

    Universities

    Context

    • It is sad but not surprising that none of India’s institutions of higher education appears in the list of top 100 universities of the world.

    Background: Ranking of the of the Indian Institutes

    • According to the QS World ranking: The 2023 edition of the Quacquarelli Symonds (QS) world university ranking reckons that three of India’s higher educational institutions amongst the top 200 of the World. Another three are counted among the top 300 whereas two more in the top 400.
    • As per the Times Higher education Ranking: The Times Higher Education (THE) ranking places only one Indian institution among the top 400 of the worlds.
    • Academic rankings: Rankings are the same with the Academic Ranking of World Universities (ARWU). Barring one of the most eminent public-funded deemed universities of the country, all the rest are Institutions of National Importance (INIs) the Indian Institutes of Technology (IITs), to be specific.

    Why other universities reflect poor performance than IITs and INIs?

    • IITs have more autonomy: IITs are not only better funded but also generally self-governed, enjoying a greater degree of autonomy as they fall outside the regulatory purview of the University Grants Commission (UGC) and the All-India Council for Technical Education (AICTE).
    • Strict UGC regulations: Funded through the University Grants Commission (UGC), universities are all subject to a very strict regulatory regime.
    • Micro-management of universities functioning: Abiding by UGC regulations and AICTE guidelines, encompasses almost all aspects of their functioning be it faculty recruitment, student admission and the award of degrees. In many cases, they are micro-managed by the regulatory authorities.
    • Very less autonomy to UGC affiliated Universities: Most of the universities have become so comfortable with the practice that they rarely assert their autonomy.
    • Ranking on basis of compliance: Central universities in the country are also ranked on the basis of their ‘obedience’ to regulatory compliances. Even in the academic domain, many of them are comfortable in publicly stating that they have adopted the model curricula, pedagogy and syllabi prescribed by the regulatory bodies, even though the same may have been only indicative.

    Universities

    What are the good practices of best universities around the world?

    • Importance to autonomy: The best universities in the world are continuously sensitized about the importance of their autonomy and are trained and enabled to make their own decisions.
    • University autonomy tool for comparison: The European University Association (EUA), for example, prescribes a ‘university autonomy tool’ that lets each member university compare its level of autonomy vis-à-vis the other European higher education systems across all member countries.
    • Four specific autonomies for ranking: By focusing on four autonomy areas (organizational, financial, staffing, and academic) the EUA computes composite scores and ranks all the countries in Europe.

    Universities

    What are the efforts taken to improve the universities performance?

    • National education policy 2020: A large number of commissions and committees, including the national policies on education (including the National Education Policy 2020), have highlighted the need for higher education autonomy. The new education policy seeks to completely overhaul the higher education system, and to attain this objective, repeatedly emphasizes the need for institutional autonomy.
    • Academic and administrative autonomy: The NEP regards academic and administrative autonomy essential for making higher education multi-disciplinary, and that teacher and institutional autonomy are a sine qua non in promoting creativity and innovation.
    • Independent board of management: The policy considers a lack of autonomy as one of the major problems of higher education and promises to ensure faculty and institutional autonomy through a highly independent and empowered board of management which would be vested with academic and administrative autonomy.
    • Light but tight regulation: It argues for a ‘light but tight’ regulatory framework and insists that the new regulatory regime would foster a culture of empowerment. Further, it goes on to say that by relying on a robust system of accreditation, all higher education institutions would gradually gain full academic and administrative autonomy.

    Conclusion

    • Universities in India have been losing their autonomy. In the two years since the approval, announcement, and gradual implementation of the NEP, universities in India today are far less autonomous than earlier. If India wants to be leader in knowledge and patent economy then its universities must be freed from clutches of unreasonable regulations.

    Mains Question

    Q. Why Indian universities does poor on world ranking of universities? Autonomy of university is keystone to improve the performance of universities. Examine.

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  • Back in news: Supreme Court Collegium

    The Supreme Court has lambasted the Centre for withholding names recommended or reiterated by the collegium for judicial appointments, even saying that the government is using silence and inaction as “some sort of a device” to force worthy candidates and prominent lawyers to withdraw their consent.

    Why in news?

    • The Union Law Minister since few months has launched a relentless attack on the collegium system for lack of transparency.

    What exactly is the Collegium System?

    • The collegium system was born out of years of friction between the judiciary and the executive.
    • The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
    • The Three Judges cases saw the evolution of the collegium system.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    How does the collegium system work?

    • The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
    • The collegium can veto the government if the names are sent back by the latter for reconsideration.
    • The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.

    The procedure followed by the Collegium

    Appointment of CJI

    • The President of India appoints the CJI and the other SC judges.
    • As far as the CJI is concerned, the outgoing CJI recommends his successor.
    • In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

    Other SC Judges

    • For other judges of the top court, the proposal is initiated by the CJI.
    • The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
    • The consultees must record their opinions in writing and it should form part of the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

    For High Courts

    • The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
    • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
    • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
    • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.

    Way ahead

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority of opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

     

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  • SC orders release of all convicts in Ex-PM Assassin Case

    sc

    The Supreme Court has ordered for the immediate release of six convicts who are serving life sentence for more than three decades in the Rajiv Gandhi assassination case.

    What is the news?

    • The Bench referred to the case of their former co-convict G. Perarivalan, who was granted premature release by the apex court this year in exercise of its extraordinary powers under Article 142 of the Constitution.

    What does Pardon mean?

    • A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.

    Why need a Pardon?

    • Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
    • Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
    • Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.

    What does Article 161 say?

    • Article 161 of the Constitution provides the Governor with the power to remit or commute the sentence of any prisoner.
    • The Governor’s decision will be subject to judicial review by the constitutional courts.
    • The advice of the State Cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161.

    Why did the Supreme Court intervene here?

    • In its judgment in the Perarivalan case in May, the apex court had held that the State Cabinet’s advice was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution.
    • The Governor had no business forwarding the pardon pleas to the President after sitting on it for years together.

    Back2Basics: Article 142

    • Article 142 provides discretionary power to the Supreme Court.
    • It states that the court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Such decree shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament.
    • It is usually used in cases involving human rights and environmental protection.

     

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  • Consulting the CM Over the Appointment of The Governor

    Appointment

    Context

    • With the rise in instances of tension, and even standoffs, between State governments and Governors, there is once again a debate on the role of the Raj Bhavan and conduct of Governors, the relation of Governors with the Centre and State government, and whether Chief Ministers should have a say in the appointment of Governors in their respective States.

    Role and responsibilities of governor

    1. Executive Powers:
    • Nominal Head of the government: These powers are exercised by the council of ministers in the name of Governor. Hence Governor is only nominal head and council of ministers is the real executive.
    • Head of the state: He is the constitutional head of the state who appoints the leader of majority party as chief minister. He can seek any information from the chief minister. He appoints the advocate general, chairman and members of the respective state public commission.
    • Can recommend the emergency: He can recommend the imposition of constitutional emergency in a state to the President. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
    1. Legislative Powers:
    • He is part of state legislative.
    • No bill can become a law until the governor signs it.
    • He can withhold a bill and send it to the President for consideration.
    • He can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
    • He causes the annual Budget to be presented in the Vidhan Sabha.
    1. Judicial Powers:
    • The governor appoints the district judges.
    • He is consulted in the appointment of the judges of the High Court by the President
    • He can, pardon, remit and commute the sentence of a person convicted by a state court.
    1. Financial Powers:
    • He causes the annual budget to be laid before the Vidhan Sabha;
    • No money bill can be introduced without his prior approval.
    1. Discretionary Powers:
    • Selection of CM: If no party gets an absolute majority, the Governor can use his discretion in the selection of the Chief Minister;
    • Real executive of state: During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the President and becomes the real ruler of the state;
    • Report to president: He uses his direction in submitting a report to the President regarding the affairs of the state; and
    • Withhold the assent: He can withhold his assent to a bill and send it to the President for his approval.

    Appointment

    Sarkaria commission’s recommendation on the role of governor

    • Chief minister should be involved in appointment: The powers of the President in the matter of selection and appointment of Governors should not be diluted. However, the Governor of a State should be appointed by the President only after consultation with the Chief Minister of that State. Normally the five-year term should be adhered to and removal or transfer should be by following a similar procedure as for appointment i.e., after consultation with the Chief Minister of the concerned State.
    • Governor should convey assent or dissent in time: There should be a time-limit say a period of six months within which the Governor should take a decision whether to grant assent or to reserve a Bill for consideration of the President. If the Bill is reserved for consideration of the President, there should be a time-limit, say of three months, within which the President should take a decision whether to accord his assent or to direct the Governor to return it to the State Legislature or to seek the opinion of the Supreme Court regarding the constitutionality of the Act under article 143.

    Additional suggestions by  NCRWC

    • Committee to appoint the governor: National commission to review the Working of the constitution (NCRWC) recommendations were similar to that of Sarkaria commission. NCRWC has suggested that a committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the state in question shall nominate the Governor.

    Know the basics: Present constitutional arrangement

    • The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure.
    • Only Indian citizens above 35 years of age are eligible for appointment to this office.

    Appointment

    What is the expert’s opinion?

    • Vice-president should be involved: Total composition of the committee is of the ruling party at the Centre. It should be the Vice-President, the Speaker of the Lok Sabha, the Leader of the Opposition, and maybe the Chief Minister of the State.
    • Governor should be above the chief minister: Getting the Chief Minister involved in the process of selection is not right. The Governor cannot be made to feel that the Chief Minister was one of those responsible for his selection; the Governor has to be above the Chief Minister, be independent, be able to function in a nonpartisan manner, and not be beholden to the ruling party or to the Chief Minister.
    • Minimum qualification to be the governor: we have no criteria, no minimum qualifications laid out for a Governor. These are often retirement perks or rewards for unstinting loyalty to a particular party. Governors cannot be called before a court of law. These are things which have to be kept in mind.
    • A guide to chief minister: The Governor is supposed to be a friend, philosopher and guide, helping from the back, sorting out issues and resolving disputes, even between political parties. The Governor has to at times advise the Centre on what is happening and what needs to be done. That brings the Centre and the State together.

    Conclusion

    • Governors’ role is always in contestation when Centre and state have different government. Governor is a political appointee for political purpose. However, governor should respect the constitutional post he holds and perform his duties and responsibilities without any biases and affiliations.

    Mains Question

    Q. What actions of governors undermines his constitutional position? What are the recommendations of Sarkaria commissions regarding the governor’s office?

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  • Russia’s withdrawal from Kherson

    kherson

    Ukraine’s defence and intelligence unit has reported on the withdrawal of Russian troops from Kherson but predicts it to be a delusion for a retreat.

    Where is Kherson?

    • Geographically, Kherson is a strategic location for Russia and Ukraine.
    • Situated in the northwest of the Dnipro River, the province shares borders with Donetsk, Crimea and the Black Sea.

    Why is it important for Russia?

    • With Moscow capturing Crimea in 2014, the occupation of Kherson in March 2022 has benefited Russia in transferring its military from Crimea to counter Ukraine.
    • It provides access to Odesa and Black Sea ports in the west and serves as the main route to secure southern Ukraine.

    Implications of regaining for Ukraine

    • For Ukraine, regaining Kherson is significant to protect its population in Kalanchak and Chaplynka districts and also to recapture Crimea.
    • Kherson is also an important agricultural region, with irrigation channels.

    How did Kherson come under Russia’s control?

    • In early March 2022, Kherson was captured by Russia through intense fighting.
    • The battle of Kherson proved to be the starting point to capturing and occupying the southern part of Ukraine while the battles for Kharkiv and Kyiv in the north progressed.
    • Russia’s hold over Kherson since March 2022 enabled Moscow to capture the key port cities — Mariupol in the Sea Azov, and Odesa, thus expanding control.
    • Kherson’s irrigation canals were used as defence positions, creating a strong line preventing Ukraine’s counter-attacks.
    • Russia also had positioned its soldiers in Kherson and stockpiled the ammunition.

    Why has Moscow announced its withdrawal from Kherson?

    • Mobilisation failure: When Russia was advancing rapidly in capturing the southern and northern cities of Ukraine, its military personnel and weapon systems started to run thin.
    • Unexperienced troops: The failure of new recruits added an additional challenge to Russia to keep its hold against the Ukraine counter-offensive in Kherson.
    • Inability of Russia to govern Kherson: Despite imposing martial law, Russia could not effectively rule Kherson; the three-level security in the occupied areas could not enforce Russia’s control on the ground.
    • Ukraine’s expanding counter-offensive: Until August, Ukraine was supplied only with short-range and low-grade weapons by the West. On the other hand, Russia has been facing challenges in augmenting its military hardware on the battleground.

    Is the withdrawal final, or a tactical move by Russia?

    • Ukraine is advancing: Russia’s new mobilisation has failed to stop the advancing of Ukraine forces.
    • Russia is weakening: The challenges to remobilise its defence systems and the shortage of weapons must have played a role in Russia’s withdrawal.
    • Inevitable western intervention: With Ukraine strengthening its military capacity through support from the west, upgrading from land-based to air-based to heavy battle tanks, Russia is facing a challenge to hold its occupied territories in Ukraine.

    Conclusion

    • Withdrawal from Kherson exposes a serious gap in Russia’s strategy to hold southern Ukraine.
    • However, it also underlines its strategy — to withdraw under serious attack or resistance by the Ukrainian forces — as it happened in Kyiv and Kharkiv.

     

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  • Impact of Pandemic on Vulnerable Section: SC, ST and OBC

    Impact of Pandemic

    Context

    • SC/ST and OBC have been impacted disproportionately by the pandemic as various social indicators shows vulnerabilities of this communities.

    Impact of pandemic on education

    • On the one hand, with policies mandating the promotion of students, promotion rates at the secondary school level rose significantly and repetition rates nosedived during the pandemic years (2020-21 and 2021-22).
    • On the other, the inability to attend physical school and the lack of access to digital education caused a massive drop in learning levels after the COVID-19 outbreak.

    Impact of Pandemic

    Impact on education of SC, ST and OBC

    • Increasing promotion rate: Notably, the promotion rate among Scheduled Caste (SC) and Scheduled Tribe (ST) students increased sharply after the outbreak. The promotion rate among Other Backward Classes (OBC) students continued to rise unabated.
    • Repetition rate declining: The repetition rates too drastically came down in the pandemic years with some 1% students repeating their class across all communities. Notably, the gap in the repetition rate between SC/ST students and general category students declined greatly after the outbreak.
    • Declining learning outcomes: While the promotion rate surged and the repetition rate declined, the marks scored by school students in National Achievement Survey (NAS) exams dropped significantly across classes and in most subjects.
    • Disproportionate impact: There is a disproportionately greater impact on SC and ST students as their learning outcomes reduced the most while their promotion rates saw the highest degree of rise among all the communities.

    Impact on livelihood of vulnerable sections of the society

    • High job loss probability: The researchers found that compared to workers from upper castes, the probability of job loss was three times higher for those who are SC and two times higher for OBC workers.
    • Comparatively higher unemployment: In December 2019, 39% of upper caste workers were employed and by April 2020, the percentage had dropped to 32%. The fall was more pronounced for SC workers, 44% of whom were employed in December 2019, but only 24% were employed in April 2020. For OBCs and STs the fall was from 40% to 26% and 48% to 33%, respectively.
    • Poor education poor Opportunities: According to researchers, the upper castes are endowed with higher human capital, i.e. educational achievement, and are in jobs less vulnerable to pandemic disruption. What is surprising is that the impact on scheduled caste is three times worse. Not only has the pandemic exposed the pre-existing inequities but has amplified them.

    Impact of Pandemic

    How women are affected due to the pandemic?

    • Effect on mental health: Women in low-caste women may be at a greater risk for worse mental health outcomes and higher perceived loneliness relative to high-caste women.
    • Social exclusion and job losses: Prior research has found that low-caste women have been found to experience greater social exclusion greater job loss and greater barriers to healthcare and thus may experience both worse mental health and higher loneliness.
    • Rising loneliness: Women in SC/ST and OBC groups will experience worse mental health, and higher perceived loneliness relative to women in the general caste group. We expect that this difference will be robust even when accounting for sociodemographic factors.
    • Victims of systemic disadvantage: Women in general and women of weaker sections in particular, are victims of multiple systemic disadvantages, which exacerbated during the pandemic. Rural women, especially the female wage workers, endured greater socio-economic difficulties as their livelihood opportunities were abruptly halted by the lockdown.
    • Visible gendered impact of pandemic: There is nothing natural in the gendered impact of pandemic, but the social norms and behaviour put them at greater risks due to unequal gender preference that is inbuilt in the social structure and culture.

    Conclusion

    • Pandemic have disproportionately affected the Indian society. Whether it is access to healthcare or vaccination SC, ST and OBC had a disadvantage. Lot of studies and research have assessed the caste specific impact of coronavirus and projected the dismal state of vulnerable groups. Government must look all these data while drafting the future policies for vulnerable communities.

    Mains Question

    Q. Analyze the learning outcome of SC/ST students after the pandemic. Assess the impact of pandemic on women belonging to SC, ST and OBC community.

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  • Kerala govt. moves to divest Governor of Chancellor Role

    chancellor

    In the latest escalation of its running battle with Governor, the Kerala government has decided to remove him as Chancellor of State universities, seeking to replace him with “renowned academic experts”.

    Who is a Chancellor of a University?

    • In India, almost all universities have a chancellor as their titular head whose function is largely ceremonial.
    • The governor of the state, appointed as the union’s representative of state by the president, is the honorary chancellor of all State owned universities.
    • The de facto head of any government university is the vice-chancellor.
    • In private non-profit universities, normally the head of the foundation who has established the university is the chancellor of the university and is the head of the university.

    Role of Governors in State Universities

    • In most cases, the Governor of the state is the ex-officio chancellor of the universities in that state.
    • Its powers and functions as the Chancellor are laid out in the statutes that govern the universities under a particular state government.
    • Their role in appointing the Vice-Chancellors has often triggered disputes with the political executive.

    What about Central Universities?

    • Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
    • With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor.
    • The VCs too are appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
    • The Act adds that the President, as Visitor, shall have the right to authorize inspections of academic and non-academic aspects of the universities and also to institute inquiries.

    What is Kerala attempting to do?

    • Education comes under the Concurrent List.
    • In an official statement, the Kerala Cabinet noted the M.M. Punchhi Commission had vouched against granting Governors the power of Chancellors.
    • In many states, the elected governments have repeatedly accused the Governors of acting at the behest of the Centre on various subjects, including education.

     

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