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GS Paper: GS2

  • Places in the news: Sittwe Port

    Context

    Notwithstanding the unfortunate developments since the Tatmadaw took over, a recalibration exercise for developing a robust relationship with Naypyidaw is the need of the hour.

    Need for proactive neighbourhood policy with Myanmar

    • Security and economic interests: India should implement an unbiased and proactive “Neighbourhood First” strategy that facilitates the Act East policy crucial for India’s long-term security and economic interests.
    • Myanmar — regardless of who governs its polity — is not only the decisive lynchpin for India’s Act East policy but critical for the economic development and security of India’s Northeast.
    • China factor: Such a policy should take into account the measures that China has taken to arm the Tatmadaw.

    How to support Myanmar?

    • Critical requirements: India should find ways to support Naypyidaw for its critical requirements of systems and platforms like UAVs, surveillance systems and communication equipment.
    • Economic engagement: There is a need for dynamic economic engagement with Myanmar, to expedite the completion of the earlier agreement on the operationalisation of the Sittwe port, the establishment of an oil refinery and joint vaccine production facilities at a cost of $6 billion.
    • People-to-people goodwill: India also needs to proactively employ the existing “people-to-people” goodwill and proximate ties between the two armies.
    • Engage with military leadership to stop highhandedness: India has the singular advantage of acceptability from both factions in Myanmar and it is, therefore, imperative that it takes the lead in engaging with the ruling military leadership, to stop the highhandedness.
    • The visit by India’s Foreign Secretary to Myanmar in the last week of December 2021 was significant.
    • It conveyed the message that India, notwithstanding its commitment to democracy, is amenable to conduct business with the country, regardless of who is in the seat of power.

    Conclusion

    It is of the utmost importance for India to positively engage Naypyidaw and stave off attempts to exploit Myanmar by countries inimical to India’s growth. Any ambiguity or delay in India’s constructive engagement with Myanmar would only serve the interests of anti-India forces.

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  • India’s challenge in European geopolitics

    Context

    For India, an important strategic priority today is to rebalance the Indo-Pacific. Delhi, however, recognises that this expansive challenge can’t be met by any one power, including the US. A larger European role in securing Asia therefore becomes critical.

    Importance of Russia in balancing China

    • Peace with Russia in Europe might be necessary for America to focus on Asia has been the key motivation behind President Joe Biden’s decision to intensify engagement with Vladimir Putin in the last few months.
    • On the question of Ukraine’s membership of NATO, the US and its European allies have suggested that membership is certainly not imminent; but they are unwilling to say Ukraine will “never” be admitted.

    Contradiction in Europe

    • 1] Europe remains geopolitically unstable: None of the three European settlements of the 20th century — in 1919 after the First World War, in 1945 after the Second World War, and in 1991 after the Cold War — has endured.
    • 2] The difficulty of integrating Russia into a European order: Russia was part of the great power system in Europe through the 18th and 19th centuries.
    • If the 1917 Bolshevik Revolution put Russia and the West at odds with each other, the collapse of the Soviet Union has not resolved the contradiction.
    • 3] Growing tension between the US and Europe: Since the Second World War, Europe has relied on the US for its security.
    • However, Europe has never stopped resenting the American dominance over its geopolitics.
    • The EU’s foreign policy chief, Josep Borrell, has repeatedly objected to the US and Russia deciding the future of Ukraine over European heads.
    • But Russia does not take the EU seriously and is betting on negotiations with the US.
    • 4] Europe still remains a weak security actor:  While the EU has become a powerful economic entity (with its $17 trillion GDP), it remains a weak security actor.
    • Whatever might be the outcome from the gathering conflict over Ukraine, these European contradictions are not going to disappear any time soon.

    Why Europe remains a weak security actor?

    • Dominance of the US and Russia: The ambition to construct a strong geopolitical personality for the EU is hobbled by divisions over the role of Russia and the US in the region.
    • Mutual suspicions: The historically rooted mutual suspicions among European states also plays role.
    • Reluctance to spend on defence: This is compounded by the reluctance to spend more on defence and the inability to develop collective defence arrangements outside of NATO led by the US.

    Suggestions for India

    • The contradictions in Europe demand that Delhi discard its tendency to view the region through the “East versus West” binary.
    • Delhi today could profitably take a leaf out of the book of the Indian national movement.
    • In the late 18th century, as European powers competed for influence in the subcontinent, many Indian princes sought to take advantage of the contradictions between Britain and France.
    • Imperial Germany supported the formation of a nationalist government of India in Kabul in 1915 headed by Raja Mahendra Pratap Singh.
    • Eager to accelerate Indian independence during the Second World War, Netaji turned to Germany and Japan, the world’s newest great power.
    • The sharpening struggle for Indian independence, and more broadly the liberation of Asia between the two World Wars, inevitably involved exploiting the contradictions between different imperial powers.
    •  This was complicated, however, by rapid realignment among the major powers —friends became adversaries and enemies became allies.
    • The Indian and Asian national movements were deeply divided in coping with the shifting great power dynamic.
    • The world enters a similar moment today that could rearrange relations between the US, UK, Europe, Russia, China and Japan.

    Consider the question “What are the contradictions in Europe today? How these contradiction can play role in India’s international relations with the European countries?”

    Conclusion

    Greater engagement with Europe and dealing with its multiple contradictions must necessarily be important elements of India’s international relations today.

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  • [Burning Issue] IAS cadre rules amendments

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    Context

    The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation, and has sought the views of State governments before January 25, 2022.

    Historical background of All India Services

    • It was Sardar Patel who had championed the creation of the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as “All India Services” (AIS) whose members would be recruited and appointed by the Centre and allotted to various States, and who could serve both under the State and the Centre.
    • Speaking to the Constituent Assembly on October 10, 1949, Patel said, “The Union will go, you will not have a united India if you have not a good All India Service which has the independence to speak out its mind, which has a sense of security….”.
    • The All India Services (AIS) comprises three civil services:
    1. the Indian Administrative Service,
    2. the Indian Police Service and
    3. the Indian Forest Service
    • A unique feature of the AIS is that the members of these services are recruited by the centre (Union government in federal polity), but their services are placed under various State cadres.
    • They have the liability to serve both under the State and under the centre.
    • Officers of these three services comply to the All India Services Rules relating to pay, conduct, leave, various allowances etc.
    • The All India Services Act, 1951, provides for the creation of two more All India Services, namely, the Indian Engineering Service and the Indian Medical Service.

    Central deputation of All India Service officers

    • Consultative process: AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
    • The Centre would choose officers only from among those “on offer” from the States.
    • Concurrence of the State government: The existing Rule 6(1) states that a cadre officer may be deputed to the Central Government (or to another State or a PSU) only with the concurrence of the State Government concerned.
    • However, it has a proviso which states that in case of any disagreement, the matter shall be decided by the Central Government.
    • Unfortunately, both the Centre and the States have at times flouted these healthy conventions for political considerations.

    The politicization of the deputation process

    • Unfortunately, both the Centre and the States have at times flouted the above healthy conventions for political considerations.
    • In July 2001, the Centre unilaterally “placed at its disposal” the services of three IPS officers of Tamil Nadu cadre.
    • In December 2020, the Centre did the same in respect of three IPS officers of West Bengal cadre.
    • In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
    • In all these cases, the States concerned refused to relieve the officers. 
    • Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delay their relief after they were picked up by the Centre.
    • On the other hand, Union government was unable to fill vacancies at director and joint secretary level in various Central ministries.
    • Around 40% or 390 Central Staffing Scheme (CSS) posts are at joint secretary level (more than 19 years experience) and 60% or 540 such posts are at the rank of deputy secretary (nine years) or director rank (14 years of service).
    • The proposed amendment to rule: The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation.

    Proposed amendments

    Four amendments are proposed to Rule 6 of IAS (Cadre) Rules.

    • One of the major changes proposed is if the State government delays posting a State cadre officer to the Centre within the specified time, “the officer shall stand relieved from cadre from the date as may be specified by the Central government.”
      • Presently, officers have to get a no-objection clearance from the State government for Central deputation.
    • The other change proposed is the Centre will decide the actual number of officers to be deputed to the Central government in consultation with the State and the latter should make eligible the names of such officers
      • According to existing norms, States have to depute the All India Services (AIS) officers, including IPS officers, to the Central government offices and at any point it cannot be more than 40% of the total cadre strength.
    • The third proposed amendment says that in case of any disagreement between the Centre and the State, the matter shall be decided by the Central government and the State shall give effect to the decision of the Centre “within a specified time.”
    • The fourth change proposed is that in specific situation (discretionary power) where services of cadre officers are required by the Central government in “public interest” the State shall give effect to its decisions within a specified time.

    Is the problem acute?

    • According to 2021 data, of the total 6,709 IAS officers in the country, 445 were posted with the Union — only 6.6%. In 2014, of the 4,605 officers, 651 were posted with the Union (14 %).
    • In 2021, only 10% mid-level IAS officers (deputy secretary/director, 9-14 years experience) were posted with the Centre in 2021, a sharp fall from 19% in 2014, even though the total pool of such officers at this rank expanded from 621 in 2014 to 1130 in 2021, an increase of around 80%.

    Issues with the proposed amendments

    • The contemplated changes have grave implications for the independence, security and morale of IAS officers.
    • Infringement of rights of States: States are right in perceiving the proposed amendments as a serious infringement of their rights to deploy IAS officers as they deem best, especially when the cutting edge of policy implementation is mostly at the State level.
    • States may prefer officers of the State Civil Services to handle as many posts as possible.
    • Against cooperative federalism: In S.R. Bommai vs Union of India (1994), the Supreme Court held that “States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre”.
    • Consent of Officers neglected: The proposed amendment more or less compels a State government to offer IAS officers for central deputation even when these officers themselves may not wish to go on central deputation.
    • Scope for Political Misuse: New rules may be misused for political considerations. For instance: Centre can unilaterally place at its disposal the services of the Chief Secretary, Principal Secretary to CM and other key officers of a State ruled by a rival party, thereby hampering the smooth administration of states.
    • May decline the sheen of All India Services: The contemplated changes have grave implications for the independence, security and morale of IAS officers. If States begin to doubt the loyalty of IAS officers, they are likely to reduce the number of IAS cadre posts and also their annual intake of IAS officers. They may prefer officers of the State Civil Services to handle as many posts as possible

    Conclusion

    In a federal setup, it is inevitable that differences and disputes would arise between the Centre and the States. But all such quarrels should be resolved in the spirit of cooperative federalism and keeping the larger national interest in mind.

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  • Budgeting for the education emergency

    Context

    Faced with an unprecedented education emergency, this is the time to substantially ramp up public spending on education and make it more effective.

    Low allocation for education

    • UNESCO’s 2030 framework for action suggests public education spending levels of between 4% and 6% of GDP and 15%-20% of public expenditure.
    • A recent World Bank study notes that India spent 14.1 % of its budget on education, compared to 18.5% in Vietnam and 20.6% in Indonesia, countries with similar levels of GDP.
    • But since India has a higher share of population under the age of 19 years than these countries, it should actually be allocating a greater share of the budget than these countries.
    • Public spending on education in most States in India was below that of other middle-income countries even before the pandemic.
    • Most major States spent in the range of 2.5% to 3.1% of State income on education, according to the Ministry of Education’s Analysis of Budgeted Expenditure on Education.
    • This compares with the 4.3% of GDP that lower-middle-income countries spent, as a group, between 2010-11 and 2018-19.
    •  In the 2021-22 Budget, the Central government’s allocation for the Education Department was slashed compared to the previous year, even though the size of the overall budget increased.
    • Of the major States and Delhi, eight either reduced or just about maintained their budget allocation for education departments in 2021-22 compared to 2020-21.

    Way forward

    • The vast majority of the 260 million children enrolled in preschool and school, especially in government schools, did not have meaningful structured learning opportunities during the 20 months of school closures.
    • Infusion of resources: The education system now needs not only an infusion of resources for multiple years, but also a strengthened focus on the needs of the poor and disadvantaged children.
    • What it is spent on and how effectively resources are used are important.
    • It is clear what additional resources are required for.
    • The needs include: back-to-school campaigns and re-enrolment drives; expanded nutrition programmes; reorganisation of the curriculum to help children learn language and mathematics in particular, and support their socio-emotional development, especially in early grades; additional learning materials; teacher training and ongoing support; additional education programmes and collection and analysis of data.
    • Focus on teacher training:  How does expenditure on technology compare with the amounts spent on teacher training, which represents just 0.15% of total estimated expenditure on elementary education?
    • Teachers are central to the quality of education, so why does India spend so little on teacher training?

    The opacity of education finance data in India

    • The opacity of education finance data makes it difficult to comprehend this.
    • For instance, the combined Central and State government spending on education was estimated to be 2.8% of GDP in 2018-19, according to the Economic Survey of 2020-21.
    • This figure had remained at the same level since 2014-15.
    • On the other hand, data from the Ministry of Education indicates that public spending on education had reached 4.3% of GDP in the same year, rising from 3.8% of GDP in 2011-12.
    • The difference in the figures is due to the inclusion of expenditure on education by departments other than the Education Department.
    •  Including expenditure on education by, for example, the Ministry of Tribal Affairs, the Ministry of Social Justice and Empowerment (on Anganwadis, scholarships, etc.), the Ministry of Science and Technology (for higher education) is of course legitimate.
    • However, the composition of these expenditures is not readily available.

    Conclusion

    The questions for this Budget should be clear. How much additional funds are being allocated for different levels of education by the principal departments in 2021-22? Are the funds being spent on the specific measures required to address the education emergency facing the children?

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  • Suspension of MLAs

    • Some legislators were suspended for one year by the Maharashtra Assembly for alleged disorderly conduct.
    • The unusually long period of suspension has been questioned by the Supreme Court, which is hearing a challenge to the Assembly’s action.

    A case in apex court

    • The court has reserved its judgment after hearing elaborate arguments.
    • The main question before the court is whether suspension for a whole year is valid.

    Suspending MLAs: A fact check

    • Each state has their individual rules for the conduct of assembly. These rules provides for the suspension of MLAs.
    • Under Rule 53 of the Maharashtra Legislative Assembly Rules, 1960, only the Speaker has the power to suspend MLAs indulging in unruly behavior.
    • Therefore, the motion to suspend cannot be put to vote as this would allow the Government to suspend as many Members of Opposition as it sees fit.

    Constitutional ground behind this suspension

    • The Court referred to Article 190 (4) of the Constitution which says that if for a period of 60 days, a member of a House, without its permission, is absent; the House may declare his or her seat vacant.
    • Suspension of MLAs beyond this period would lead to their disqualification.

    What did the Supreme Court observe?

    • Suspension of the MLAs would amount to punishing the constituencies as a whole.
    • Each constituency has equal amount of right to be represented in the House, observed the court.
    • The apex court observed that any state cannot create a constitutional void, a hiatus situation for any constituency.
    • It said the House cannot suspend a member beyond 59 days.

    What does the State government say?

    • Counsel for the State government has argued that there is no limitation on the power of the legislature to punish for breach of privilege or disorderly conduct in the course of its proceedings.
    • Once the power to punish a member for disorderly conduct is recognized, there can be no judicial review of the manner in which it is exercised.
    • Further, during suspension, a member continues to hold office, but only loses their voice in the legislature.

     

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  • How to fix the anti-defection loophole

    Context

    It is time that we took a fresh look at the Tenth Schedule to our Constitution.

    Shortcomings of the anti-defection law

    • Partisan nature of Speaker: Paragraph 3 of the Tenth Schedule was omitted by the Constitution (91st Amendment) Act, 2003, which came into effect on January 1, 2004.
    • Paragraph 3, as it existed prior to the amendment, protected defectors as long as one-third of the members of a political party formed a separate group. 
    • In the context of small assemblies, one-third of the members could easily be cobbled together.
    • Often, the speaker of the assembly was seen to be collaborating with the political party in power to protect the defectors under the one-third rule.
    • Such partisan conduct of the speakers is at the heart of a non-functional Tenth Schedule.
    • The seeming political bias of the speakers acting as tribunals is apparent from how disqualification petitions are dealt with.
    • We have seen this happen in Manipur, Goa, Madhya Pradesh, Uttarakhand and other jurisdictions.
    • Allowing two-third members to merge with another party: After the omission of paragraph 3, paragraph 4 allowed for the protection of defecting members provided two-thirds of the members of the legislative party merged with another political party.
    • This provision has invariably been misused.
    • Constitutional flaw in provisions of paragraph 4: Third, there is a constitutional flaw in the manner in which the provisions of paragraph 4 have been enacted.
    • Paragraph 4(1) stipulates that a member of the house will not be disqualified from his membership where his original political party merges with another political party and he claims that he and other members have become members of the other political party or a new political party is being formed by such merger.
    • However, paragraph 4(2) provides that such a merger would be deemed to have taken place only if not less than two-thirds of the members of the legislative party agreed to such a merger.
    • This allows for clandestine corruption where two-thirds of the members of the legislative party are bought over, by means fair or foul, to either topple governments or to strengthen a razor-thin majority of the party in power.
    • This makes the entire provision unworkable and unconstitutional.
    • Prolonging the proceedings: We have witnessed situations where, even though the provisions of paragraph 4 are not ex-facie attracted, the speaker of the assembly makes sure that the proceedings are interminably prolonged so that the term of the assembly comes to an end before the proceedings under the Tenth Schedule against those ex-facie defectors have been concluded.

    Need for urgent attention to Article 164(1B)

    • This allows for the toppling of governments by inducements of various kinds.
    • The motivation is that a fresh election allows the disqualified member to be re-elected.
    • He then becomes a member of the assembly once again, as its term is not over and can also be appointed a minister.
    • Under Article 164(1B), such a defection has no real consequences.

    Way forward

    • 1] Ensure impartiality of Speaker: Speakers, when elected must resign from the party to which they belong.
    • At the end of their term, there should be a cooling-off period before they can become members of any political party.
    • 2] Omit Paragraph 4 through Amendment: Paragraph 4 of the Tenth Schedule should be omitted by moving a constitutional amendment.
    • 3] Make disqualification for 5 years: All those disqualified under paragraph 2 of the Tenth Schedule should neither be entitled to contest elections nor hold public office for five years from the date of their disqualification.
    • Article 164(1B) should be omitted by moving a constitutional amendment.
    • Set time limit to decide petition for disqualification: All petitions for disqualification of members under paragraph 2 of the Tenth Schedule should be decided, by adopting a summary procedure, within a period of three months.

    Consider the question “Has anti-defection law succeeded in curbing the defections and ensuring the stability of the elected governments? Give reasons in support of your argument.”

    Conclusion

    If our polity wants to get rid of open corruption, it needs to take urgent steps to plug existing loopholes that have made the Tenth Schedule unworkable.

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    Back2Basics: Article 164(1B)

    • A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.

  • Keeping the spirit of federalism alive

    Context

    Conscious recognition of the federal character of our polity is essential to protect our national character.

    Federal spirit and ideas in Indian Constitution

    • Conscious of the differential needs of the populations of different states, the drafters of the Constitution made provisions for an equitable share of powers and responsibilities among different levels of governments. 
    • The lists in the 7th Schedule of the Constitution — Union, state and concurrent — are an example of this division, wherein each level of government has its own sphere, enabling context-sensitive decision-making.
    • Local self-government: Later, institutions for local self government were added through the 73rd and 74th amendments, which strengthened grass roots democracy.
    • Division of responsibility: Article 246 and Article 243 G provide for this division of responsibilities.
    • Finance Commission: Article 280 provided for the constitution of Finance Commission to define the financial relationship and terms between the Union and states.
    • Inter-State Council: Article 263 provided for the establishment of an Inter-State Council for smooth transition of business between the Union and states and resolution of disputes.
    • The inter-state tribunals, the National Development Council and other informal bodies have served as vehicles of consultations between the Union, states and UTs.
    • Rajya Sabha: Apart from these institutions and the Rajya Sabha, the Constitution makers also left much scope for consultative and deliberative bodies so as to strengthen the spirit of cooperation and federalism.

    Steps against the spirit of federalism

    • The Planning Commission has been scrapped.
    • The Inter-State Council has met only once in the last seven years while the National Development Council has not met at all. 
    •  The tenure of the 15th Finance Commission was mired in controversy and many states expressed apprehensions about devolution.
    • The GST has already taken away much of the autonomy available to states and has made the country’s indirect tax regime unitary in nature.
    • Article 370 was removed without consulting the state legislature.
    • Parliament legislated on “agriculture”, entry no. 14 in the state list, to enact the three contentious farm laws, overstepping its jurisdiction and imposing a law on the states.
    •  The New Education Policy has been flagged as encroaching on the federal nature of the polity.
    •  The BSF’s jurisdiction was extended in Assam, West Bengal and Punjab without any consultation with the concerned states.
    • The constitutional office of governor has come under scrutiny several times for encroaching on the powers of state executive and legislature.

    Conclusion

    It should be underlined that Article 1 of our Constitution declares that “India that is Bharat is a union of states”, and that devolution of powers is necessary in such a setting.

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  • Drop the IAS cadre rules amendments

    Context

    The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation, and has sought the views of State governments before January 25, 2022.

    Historical background of All India Services

    • It was Sardar Patel who had championed the creation of the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as “All India Services” (AIS) whose members would be recruited and appointed by the Centre and allotted to various States, and who could serve both under the State and the Centre.
    • Speaking to the Constituent Assembly on October 10, 1949, Patel said, “The Union will go, you will not have a united India if you have not a good All India Service which has the independence to speak out its mind, which has a sense of security….”.

    Central deputation of All India Service officers

    • Consultative process: AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
    • The Centre would choose officers only from among those “on offer” from the States.
    • Concurrence of the State government: The existing Rule 6(1) states that a cadre officer may be deputed to the Central Government (or to another State or a PSU) only with the concurrence of the State Government concerned.
    • However, it has a proviso which states that in case of any disagreement, the matter shall be decided by the Central Government.
    • Unfortunately, both the Centre and the States have at times flouted these healthy conventions for political considerations.

    The politicisation of the deputation process

    • In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
    • Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delay their relief after they were picked up by the Centre.
    • The proposed amendment to rule: The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation.

    Two of the four proposed amendments are disconcerting

    • 1] Providing a fixed number of IAS officers for central deputation: One is a new proviso making it mandatory for the State government to provide a certain fixed number of IAS officers for central deputation every year. 
    • The proposed amendment more or less compels a State government to offer IAS officers for central deputation even when these officers themselves may not wish to go on central deputation.
    • Reasons for shortage of  IAS officers: Poor working conditions in junior-level posts, an opaque and arbitrary system of empanelment for senior-level posts, and lack of security of tenure at all levels are the real reasons for the shortage of IAS officers, which the Centre should address.
    • 2] Requiring states to release the officer: The other is a proviso that requires the State government to release such officers whose services may be sought by the Central Government in specific situations.
    • Based on experiences of the recent past, State governments have a justified apprehension that this proviso may be misused for political considerations. 

    Issues with the proposed amendments

    • The contemplated changes have grave implications for the independence, security and morale of IAS officers.
    • Infringement of rights of States: States are right in perceiving the proposed amendments as a serious infringement of their rights to deploy IAS officers as they deem best, especially when the cutting edge of policy implementation is mostly at the State level.
    • States may prefer officers of the State Civil Services to handle as many posts as possible.
    • . In course of time, the IAS will lose its sheen, and the best and the brightest candidates will no longer opt for the IAS.
    • Against cooperative federalism: In S.R. Bommai vs Union of India (1994), the Supreme Court held that “States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre”.

    Consider the questions “What are the proposed amendments to IAS Rule 1954? What are the concerns with the proposed changes?”

    Conclusion

    In a federal setup, it is inevitable that differences and disputes would arise between the Centre and the States. But all such quarrels should be resolved in the spirit of cooperative federalism and keeping the larger national interest in mind.

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  • Supreme Court upholds validity of OBC quota in NEET admissions

    The Supreme Court has pronounced its decision upholding the constitutional validity of providing 27% quota to Other Backward Classes (OBC) in NEET All India Quota (AIQ) seats for UG and PG medical courses.

    What is the issue?

    • The petitioners, several NEET aspirants, had argued that since the top court had limited reservation to 50% in the Indira Sawhney judgment, the government should have first applied to the court before tinkering with the quota calculations.
    • The court further confirmed that there was no need for the Centre to have got the prior consent of the Supreme Court before introducing OBC quota in the AIQ seats under NEET.
    • The court reasoned that material affluence of certain individual members of a socially backward group or ‘creamy layer’ could not be used against the entire group to deny it the benefits of reservation.

    What is the background of this case?

    • The government introduced OBC/EWS quota before the counselling of NEET counselling.
    • The candidates applying for NEET PG were not provided any information on the distribution of the seat matrix.
    • Such information is provided by the counselling authority only after the counselling session is to begin.

    Key observations of the Apex Court

    • The SC has held that reservation is not at odds with merit.
    • It observed that ‘merit’ could not be narrowed to the limit of success in open competitive exams.
    • Merit of a person is a sum total of “lived experiences” and his or her struggle to overcome cultural and social setbacks, observed the SC.

    Why is this a landmark judgment?

    • Merit cannot be reduced to narrow definitions of performance in an open competitive examination, which only provides formal equality of opportunities , said the SC.
    • Current competencies are assessed by competent examinations but are not reflective of excellence, capability and potential of an individual.

    Major justifications for Reservations

    • Exams did not reflect how social, economic and cultural advantages that accrued to certain classes contributed to their success in them, the court noted.
    • Examinations are not a proxy for merit.
    • Merit should be socially contextualized and re-conceptualized.
    • Reservation is not at odds with merit but furthers its distributive impact, Justice Chandrachud observed.

    Constitutionality of the decision

    • The court held that the power of the State governments to provide reservations under Article 15 (4) and (5) of the Constitution was not an “exception” to Article 15 (1).
    • It enshrines the mandate that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them”.
    • The court held that the power of the State government to craft reservations for the OBC amplified the principle of “substantive equality” manifested through Article 15 (1).

    Implications: Victory for States

    • In a significant victory for States such as Tamil Nadu, the court confirmed their power to make “special provisions” and provide reservations in educational admissions, whether in aided or unaided institutions.
    • TN provides government jobs for the advancement of “any socially and educationally backward classes of citizens or for the SCs and STs”.

     

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  • The Question of OBC Reservation in Local Bodies

    The latest order in Rahul Ramesh Wagh v. State of Maharashtra &Ors makes it mandatory that the principles laid down by the Supreme Court for providing reservation to OBCs in local bodies shall be followed across the country.

    Let us understand the Case

    • Maharashtra had constituted a Commission to ascertain the backwardness of OBCs in June 2021.
    • But without waiting for an empirical report, an ordinance was promulgated to amend the Maharashtra Zilla Parishads Act, Panchayat Samitis Act and the Maharashtra Village Panchayat Act.
    • They were aimed to conduct local body elections with OBC reservation.
    • This was struck down by the Supreme Court.

    The latest case arose out of the challenge made to the ordinance promulgated on the teeth of the Supreme Court judgments by the Governor of Maharashtra to conduct the local body elections by providing 27% reservation to OBCs.

    What did the SC observe now?

    • Reservation to OBCs in local body elections without empirical base can no more be sustainable in law.
    • The latest order in RR Wagh v. State of Maharashtra & others makes it mandatory that the principles laid down by the Supreme Court for providing reservation to OBCs in local bodies shall be scrupulously followed across the country.

    Which principles is the apex court talking about?

    • A five-judge Constitution Bench in the K. Krishnamurthy (Dr.) v. Union of India (2010) judgment said that barriers to political participation are not the same as barriers to education and employment.
    • Though reservation to local bodies is permissible, the top court declared that the same is subject to three conditions:
    1. to set up a dedicated Commission to conduct empirical inquiry into the nature of the backwardness in local bodies
    2. to specify the proportion of reservation required to be provisioned local body-wise
    3. such reservation shall not exceed aggregate of 50% cap of the total seats reserved for SCs/STs/OBCs taken together
    • This is famously referred as ‘Triplet Test’.

    Major takeaways of K. Krishnamurthy Case

    In this case, the Supreme Court had interpreted Article 243D(6) and Article 243T(6), which permit reservation by enactment of law for backward classes in local bodies respectively.

    • It held that barriers to political participation are not the same as that of the barriers that limit access to education and employment.
    • However, for creating a level playing field, reservation may be desirable as mandated by the aforementioned conditions.
    • Above articles provide a separate constitutional basis for reservation, as distinct from what are conceived under Article 15 (4) and Article 16 (4) which form the basis for reservation in education and employment.

    Reception of the Krishnamurthy Judgment

    • The Indian political class usually displays apathy to the law declared by the courts as contrary to the enacted law.
    • The 2010 judgment was not acted upon and the constitutionality of the enacted reservation was challenged.
    • This resulted in the 2021 judgment of a three-judge Bench of the Supreme Court.

    What can be concluded from the aspirant’s perspective?

    • Maharashtra Legislative Assembly passed a resolution to stall the local body elections in the wake of the judicial interference.
    • Elections, undoubtedly, must be held on time.
    • Since Judiciary does not usually interfere into Elections, States often seek to bypass the OBC reservation issues.

    Conclusion

    • Had the governments stuck to the law as mandated by Article 141 of the Constitution, this quandary wouldn’t have arisen.
    • Much of the judiciary’s time could have been saved.
    • Rule of law is not just a set of letters, but it has to be followed in spirit.

    Back2Basics: Article 141 of the Constitution

    • It stipulates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India.
    • Thus, the general principles laid down, by the Supreme Court are binding on each individual including those who are not a party to an order.

     

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