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GS Paper: GS2

  • How to grow better colleges

    The article highlights the important role students can play in improving the quality of colleges and institution in India.

    Improving the colleges

    • The global QS ranking is out and India has 12 universities and institutions in the top-100 in particular subjects.
    • We have many colleges offering higher education but typically they are not very good.
    • Today, with a huge number of students going to college, education is tied strongly to career prospects.
    • If studying and thinking harder do not lead to even a decent chance of career improvement, it is natural for most students to lose academic ambition.

    Career prospects in various colleges

    • For admission in IIT, many work extremely hard to secure admission, but then lose motivation and drift towards near-certain graduation.
    • IIT admission is a value signal to future employers who do not see much relevance in the actual syllabus.
    • The entry wall is high, the exit wall is low, and the four-year syllabus is an obstacle course between the student and an employer with whom eye contact was made from atop the entry wall itself.
    • Students of varied subjects thus remain uninterested in their core syllabi.
    • Lower-ranked colleges may attract a slightly different mix of employment prospects, some in core areas.
    • In many colleges, both good and bad ones, high grades correlate only loosely with career outcomes. 

    Improving the college

    • Very few jobs actually require the highest quality education — the best academic and research jobs.
    • In such a system, it may not be worthwhile or even practical for a mediocre college to unilaterally improve itself.
    • Having improved, it remains to convince society that it deserves to displace the pre-eminent colleges at the top.
    • For lower-ranking colleges to improve itself, its students must first see useful value in a better education.
    • That requires system-wide growth in opportunity.

    How to achieve system-wide growth in opportunity

    • Such growth cannot be legislated from above. It must occur organically, from below.
    • There are several stakeholders involved in such transition.
    • 1) At the top are policymakers.
    • Policymakers are trying and have achieved many things.
    • In recent years, however, our demographics have caught up with us.
    • We have more than 650 million people under age 25.
    • No other country is close. We need more than policies.
    • 2) Next is industry. It faces a learning curve for technology.
    • Countries that wish to lead must develop their own technology, even at high cost.
    • Indian industry can often choose between importing slightly older technology from outside or developing things in-house.
    • A slow growth in the latter has begun and may pull our college system upward over time.
    • 3) Our next stakeholders are college teachers.
    • For a college to flourish, it needs many students who compete to enroll.
    • Our entrance exams for good engineering colleges are hard.
    • Our nationally renowned degree colleges which admit based on board marks are frequently forced to set very high cutoffs.
    • The need for more engineering colleges, for many students who are clearly good enough, has led to the creation of several private colleges that teach well in large volumes.
    • Quality of teachers’ is improving.
    • College teachers improve as their employers aim higher, and as their students bring more into the classroom.
    • 4) Finally, we have students. If students demand better instruction, colleges will sooner or later supply it.

    Way forward for students

    • Students must aim to relate their learning to society.
    • They must see their learning not as an obstacle course but as an initiation into a process that yields tangible long-term value.
    • Indian society does not merely have people looking for work.
    • It also has work looking for people: Work in food, health, design, manufacturing, transport, safety, garbage, water, energy, farming, and a hundred other things that we can do better.
    • Room for improvement is plentiful, though the market models may not be efficient or mature yet.
    • The walls between our classrooms and our lives must be broken, if our colleges are to flourish.
    • In recent decades, India has also attracted much work from overseas. Growth in that direction may well be sustained.

    Consider the question “India has many colleges and institutions offering higher education but few could get the spot in the list of top global institutes. Examine the factors responsible for this. Suggest the measures to deal with this issue.”

    Conclusion

    Such change, driven by student aspirations, will be organic, bottom-up, and unstoppable.

  • [pib] 17 States implement One Nation One Ration Card System

    Seventeen (17) States have successfully operationalised the “One Nation One Ration Card system” with Uttarakhand being the latest State to complete the reform.

    Practice question for mains:

    The ‘One nation one ration card ‘scheme would bring perceptible changes to the lives of India’s internal migrant workers. Comment.

    One Nation One Ration Card

    • This scheme aims to ensure all beneficiaries, especially migrants get ration (wheat, rice and other food grains) across the nation from any Public Distribution System (PDS) shop of their own choice.
    • Under the existing system, a ration cardholder can buy food grains only from the fair price shop (FPS) in the locality where he or she lives.
    • It was also launched with the purpose that no poor person should be deprived of getting subsidised food grains under the food security scheme when they shift from one place to another.
    • It aims to reduce instances of corruption by middlemen and fraudulence in ration cards to avail benefits from different states.

    Who is eligible under this scheme?

    • Any citizen, who is declared under the Below Poverty Line (BPL) category, will be eligible to get the benefit of this scheme across the country.
    • The beneficiaries will be identified on the basis of their Aadhar based identification through the electronic point of sale (PoS) device.
    • All the PDS shops will have the facility of electronic PoS devices.

    Impact on states

    • The reform enables the States to better targeting of beneficiaries, elimination bogus/ duplicate/ineligible cardholders resulting in enhanced welfare and reduced leakage.
    • An additional borrowing limit of 0.25 per cent of the Gross State Domestic Product (GSDP) is allowed to the States only on completion of both of the following actions:
    1. Aadhar Seeding of all the ration cards and beneficiaries in the State
    2. Automation of all the FPSs in the State.

    Back2Basics: Public distribution system (PDS)

    • The public distribution system (PDS) is an Indian food Security System established under the Ministry of Consumer Affairs, Food, and Public Distribution.
    • PDS evolved as a system of management of scarcity through the distribution of food grains at affordable prices.
    • PDS is operated under the joint responsibility of the Central and the State Governments.
    • The Central Government, through the Food Corporation of India (FCI), has assumed the responsibility for procurement, storage, transportation and bulk allocation of food grains to the State Governments.
    • The operational responsibilities including allocation within the State, identification of eligible families, issue of Ration Cards and supervision of the functioning of FPSs etc., rest with the State Governments.
    • Under the PDS, presently the commodities namely wheat, rice, sugar and kerosene are being allocated to the States/UTs for distribution.
    •  Some states/UTs also distribute additional items of mass consumption through PDS outlets such as pulses, edible oils, iodized salt, spices, etc.

  • The IT Rules 2021 seek regulatory parity, but threaten to curb creative freedom

    The article argues that IT Rules 2021 far exceeds the rulemaking power granted under Section 69A of the IT Act.

    Censoring online video streaming

    • Online video streaming platforms have marked a new dawn for the Indian entertainment industry.
    • The spectre of government regulation and criminalisation haunts this fledgling industry.
    • There have been various efforts to censor online video streaming platforms by petitioning the courts for a long time.
    • At least 23 petitions were being heard by different high courts on the issue of regulation of online video streaming platforms.
    • The grievances range from wounded religious sentiments to moral outrage against depictions of sexuality but the common thread that unites them is a desire to control what other citizens may watch in the privacy of their homes.
    • In addition to petitions seeking heavy-handed regulation, criminal proceedings have been initiated against employees of companies like Netflix and Amazon Prime.
    • While such FIRs may be in the context of specific films or shows, they cause substantial harassment and threaten the personal liberty of content creators and company executives.

    IT Rules 2021 exceeds the rulemaking power under Section 69A of IT Act

    • The imposition of any kind of criminal liability under the IT Rules 2021 would far exceed the central government’s rule-making power under Section 69A of the IT Act.
    • The existing three-tier regulatory mechanism and content classification system prescribed under the rules are also unconstitutional for the same reason.
    • The following three issues need to be considered while considering the IT Rules 2021.
    • First, the powers under Section 69A can be exercised only in the interest of the sovereignty, defence, security of the State, friendly relations with foreign States or public order or for preventing incitement etc.
    • The implication is that the powers under Section 69A cannot be used to regulate online content which may be obscene or sexually explicit.
    • Second, Section 69A states that the central government may direct “any agency of the Government or intermediary” to block access to online content but online video streaming platforms do not fall into either of these two categories.
    • Companies like Netflix and Amazon Prime commission or license the films and shows available on their platforms, and they are not an “intermediary” under the IT Act.
    • Third, Section 69A only grants the central government the power to “block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.”
    • However, the range of powers granted under the IT Rules 2021 is much broader and includes requiring an apology or disclaimer, re-classification of content and deletion or modification of content.
    • As a result, the IT Rules 2021 significantly expand the scope of powers available under Section 69A.

    Issues with the three-tier regulatory framework

    • The three-tier regulatory framework created under the rules suffers from the substantive problem of lack of independence.
    • The third tier, which is the Inter-Departmental Committee, comprises entirely of bureaucrats and there is no guaranteed representation from the judiciary or civil society.
    • The Review Committee constituted under Rule 419A of the Indian Telegraph Rules, 1951 also solely consists of officials belonging to the executive branch.

    Way forward

    • The solution is to start afresh with publication of a white paper which clearly outlines the harms that are sought to be addressed through regulation of online video streaming platforms and meaningful public consultation which is not limited to industry representatives.
    • If regulation is still deemed to be necessary, then it must be implemented through legislation that is debated in Parliament instead of relying upon Section 69A of the IT Act.

    Consider the question “The IT Rules 2021 have been criticised for exceeding the rulemaking power under Section 69A of the IT Act. Examine the scope of the criticism.”

    Conclusion

    Many of the changes that the central government seeks to implement through the IT Rules 2021 may be well-intentioned and desirable. However, constitutional due process cannot be sacrificed at the altar of expediency

  • Biden’s Afghanistan Peace Plan

    The Joe Biden administration has proposed a new peace plan to the Afghan government and the Taliban, seeking to bring violence to a halt and form an interim government.

    What is Biden’s proposal?

    • The US has asked the Afghan President to show “urgent leadership in the coming weeks”.

    The proposal included many elements.

    • It has proposed an UN-led conference of representatives of Russia, China, Pakistan, Iran, India and the US to discuss a unified approach to support peace in Afghanistan.
    • It urges both sides including the Taliban to reach a consensus on Afghanistan’s future constitutional and governing arrangements.
    • It asks to find a road map to a new “inclusive government”; and agree on the terms of a “permanent and comprehensive ceasefire”.

    Why the US is making this peace push?

    • The US has pointed out that accelerating the peace process is the best way to advance the shared interests of the US and the Afghan government.
    • According to the agreement the U.S. signed with the Taliban in February 2020, American troops – currently some 2,500 troops are in Afghanistan – are set to vacate by May 1.
    • The Taliban and the Afghan government started peace talks in Doha in September last year but reached no breakthrough.
    • The Biden administration is concerned about the slow pace of the talks.

    Why is the US delaying troops withdrawal?

    • The US assessment is that if American troops are pulled out of Afghanistan, the Taliban would make quick gains.
    • So, the Biden administration’s believes that the Taliban are on the ascent.
    • It hopes that the best way to prevent a complete Taliban takeover is a regional peace process and an interim unity government.
    • The Taliban are yet to respond to America’s proposal.

    What is the Afghan government’s stand?

    • The Ghani administration has consistently been critical of the US’s direct outreach to the Taliban.
    • The Trump administration held direct talks with the Taliban, excluding the government.
    • Later, Washington put pressure on Kabul to release Taliban prisoners as part of an agreement it reached with the insurgents.
    • Even when the Doha talks between the Taliban and the Afghan government were underway, Mr Ghani made it clear that he, as elected President, is the only legitimate representative of the Afghan people.
    • He resisted making concessions to the Taliban.

    India’s position in the process

    • Since the Afghan peace process began two years ago, India’s role in it has been peripheral at best.
    • Our EAM has iterated India’s long-held support for an “Afghan-led, Afghan-owned, and Afghan-controlled” peace process.

    What lies ahead

    • While the Afghan government’s opposition to sharing power with the Taliban is well known, it is not clear whether Mr Ghani could continue to resist American pressure.
    • And if the Biden administration decides to stick to the Taliban deal and withdraw troops by May, Mr Ghani would be in a tougher spot.
    • The people of Afghanistan do not have any good options. If Ghani rejects the American offer, the war will continue forever.
    • The Taliban have already taken over much of the country’s hinterlands and are breathing down the neck of its cities.
    • Either way, the Taliban are set to make gains.

  • What is No-Confidence Motion?

    The no-confidence motion moved against the coalition government in Haryana was defeated.

    Motion of No-Confidence

    • If the government has to demonstrate its strength on the floor of the House, it can have a motion of confidence.
    • However, the opposition parties (or any member) can move a motion expressing want of confidence (no confidence) in the Council of Ministers.
    • The procedure is laid down under Rule 198 of the rules of procedure and conduct of the business of the Lok Sabha.
    • A no-confidence motion need not set out any grounds on which it is based.
    • Even when grounds are mentioned in the notice and read out in the House, they do not form part of the no-confidence motion.

    Try this PYQ:

    Consider the following statements regarding a No-Confidence Motion in India:

    1. There is no mention of a No-Confidence Motion in the Constitution of India.
    2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

    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

    Its procedure

    • A no-confidence motion can be moved by any member of the House.
    • It can be moved only in the Lok Sabha and not Rajya Sabha.
    • Rule 198 of the Rules of Procedure and conduct of Lok Sabha specifies the procedure for moving a no-confidence motion.
    • The member has to give written notice of the motion before 10 am which will be read out by the Speaker in the House.
    • A minimum of 50 members have to accept the motion and accordingly, the Speaker will announce the date for discussion for the motion.
    • The allotted date has to be within 10 days from the day the motion is accepted. Otherwise, the motion fails and the member who moved the motion will be informed about it.
    • If the government is not able to prove its majority in the House, then the government of the day has to resign.

    How is the voting done?

    These are the modes by which voting can be conducted:

    1. Voice vote: In a voice vote, the legislators respond orally.
    2. Division vote: In case of a division vote, voting is done using electronic gadgets, slips or in a ballot box.
    3. Ballot vote: The ballot box is usually a secret vote – just like how people vote during state or parliamentary elections.

    What happens if there is a tie?

    • Following the vote, the person who has the majority will be allowed to form the government.
    • In case there is a tie, the speaker can cast his vote.

  • Kerala HC restrains Centre over new IT Rules

    The Kerala High Court has restrained the Centre from taking coercive action against a legal news portal, for any non-compliance with Part III of the new IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    What was the petition?

    Three-tier mechanism

    • The petition said Part III of the rules imposed unconstitutional three-tier complaints and adjudication structure on publishers.
    • This administrative regulation on digital news media would make it virtually impossible for small or medium-sized publishers, such as the petitioner, to function.
    • It would have a chilling effect on such entities, the petition said.
    • The creation of a grievance redressal mechanism, through a governmental oversight body (an inter-departmental committee constituted under Rule 14) amounted to excessive regulation, the petitioner contended.

    Violation of free speech

    • The petitioner pointed out that Rule 4(2), which makes it mandatory for every social media intermediary to enable tracing of originators of information on its platform, violated Article 19(1)(a) (freedom of speech and expression).
    • It also deprived the intermediaries of their “safe-harbour protection” under Section 79 of the IT Act.

    Violation of Right to Privacy

    • The rules obligate messaging intermediaries to alter their infrastructure to “fingerprint” each message on a mass scale for every user to trace the first originator.
    • This was violative of the fundamental right of Internet users to privacy.

  • Quad Summit

    As India deepens its engagement with the Quad, it must consider several aspects related to such engagement. The article deals with this issue.

    Background of India’s engagement with Quad

    • India’s engagement with the Quad goes back to China’s expanding footprint in South Asia and the Indian Ocean Region over the last few years.
    • China’s ambitious Belt and Road Initiative rang alarm bells in India as the projects were viewed as encroachments into India’s strategic space.
    • The U.S.’s focus on the west Pacific due to aggressive Chinese maritime activity gradually pulled India into the ambit of the Indo-Pacific that views the western Pacific and the Indian Ocean as an integrated geopolitical space.
    • Besides the U.S. navy, India expanded its maritime ties with other regional states, the most high-profile of the interactions being the Quad.

    Core structural problems with Quad

    • The Quad has a core structural problem as well in that it pivots around the U.S.
    • The Quad riles China as a hostile grouping, but hardly serves the security interests of its members.
    • The U.S. views China’s rise as a threat to the world order it has led since the Second World War.
    • Despite rhetoric relating to the promotion of a ‘rules-based’ world order, the Quad neither shares a strategic vision nor is it animated by a shared agenda.
    • This is obvious not only from its inability to deter China in the west Pacific, but also by its members’ anxiety to maintain close ties with China.

    Implications for India

    • By affiliating with the U.S.-led maritime coalition, India ignored the principal areas of its security concerns which is an undemarcated 3,500-km land border with China.
    • From April 2020, Indian and Chinese forces had their latest border face-off in Ladakh, abruptly ending a long period of productive relations.
    • In retrospect, this confrontation appears to be China’s sharp response to the steady shift in India’s regional posture in favour of an alignment with the U.S. and its allies against China.
    • The stand-off at Ladakh has been a bitter experience for India: it has affirmed the limits of India-U.S. security ties, the folly of Indian involvement in the Quad.
    • The stand-off has also underscored need to focus national attention and resources in areas of abiding interest for India — the border, the neighbours and the Indian Ocean.

    Lessons for India

    • Ladakh also offers some valuable lessons for India.
    • One, the rebuilding of ties with China will have to be a priority concern.
    • India need to dilute its focus on the Indo-Pacific and the Quad and accept that the borders and the Indian Ocean are where its crucial interests lie.
    • Two, the Ladakh experience has highlighted certain deficiencies at home:
    • It hardly needs reiteration that India’s capacities can only be built by a united people committed to the national cause.
    • Finally, foreign policy cannot be a part-time concern of the national leadership; in terms of priority and attention, it should be on a par with domestic affairs.

    Consider the question “Examine the factors that India should consider as it seeks to deepen its engagement in the Quad.”

    Conclusion

    As the global scenario gets more complex and India’s ambitions increase, a cohesive strategic vision would give substance and drive to India’s pursuit of its interests over the long term.

  • [pib] SDG India Index, 2021

    The third rendition of India’s Sustainable Development Goals (SDG) Index will be launched by NITI Aayog today.

    First launched in December 2018, the index has become the primary tool for monitoring progress on the SDGs in the country and has simultaneously fostered competition among the States and UTs.

    SDG India Index

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

    Aims and objectives

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

    Methodology and Process

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

    Highlights of the 2021 Report

    *The launch has been postponed due to model code of conduct by the Election Commission.

    Its significance

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

    Back2Basics: Sustainable Development Goals

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

  • Why does the deepening Indo-US friendship puzzle so many?

    The India-US ties have advanced by leaps and bounds. Yet, there is a persistent underestimation of India’s capacity to rework its great power relations. The article deals with this issue.

    Expanding partnership

    • India-US relations have been on a steady upward trajectory over the last three decades.
    • This partnership withstood significant political transitions in both countries and managed to overcome many difficult barriers.
    • The US is now India’s most comprehensive partner.
    • The Russia relationship is long on defence but short on commerce.
    • India’s commercial ties with China are large, but tilted heavily in Beijing’s favour.
    • Collective Europe is big on commerce but small on security cooperation.
    • The US has a sizeable presence in both economic and security dimensions and the political common ground with India has steadily expanded.

    So, why persistent doubt in India about the US partnership

    • One part of it is the ingrained ideological bias in the dominant foreign policy elite.
    • Delhi’s stilted debate on the US is, unfortunately, reinforced by the sad absence of investment in institutional capabilities to study American politics, economics and international relations.

    Issues with our assessment of relations with India

    • There is an enduring reluctance of India’s foreign policy community to either acknowledge or accept the unfolding transformation of India’s ties with the US.
    • There is also continuing underestimation of India’s capacity to rework its great power relations to meet India’s changing interests and circumstances.
    • It was widely held that the Indo-Pacific and the Quad will become footnotes in Biden’s foreign policy.
    • This in turn was based on the bet that Biden is likely to embrace China rather than confront it in the manner that Trump did.
    • All these assumptions turned out to be inaccurate.
    • Concern for democracy and human rights has always been part of US foreign policy ideology.
    • But no state, not even a revolutionary one, can run its foreign policy on a single-point agenda. 

    Underestimating India’s agency to shape the partnership

    • Even as it continuously misjudged the US, the Indian foreign policy elite has not appreciated India’s agency to shape the relationship with America.
    • The conviction that Delhi is perennially under US pressure to accept policies harmful for itself further distorts the discourse in the media and among the chattering classes.
    • The evidence from the 1990s — one of India’s most vulnerable moments after Independence — should have corrected this misperception.
    • The traditional discourse finds it hard to come to terms with the twin factors shaping India’s new approach.
    • One is the significant increase in India’s material capabilities.
    • India’s aggregate GDP increased ten-fold between 1990 ($270 billion) and 2020 (about $2,700 billion).
    • Equally important is the new political will in Delhi.

    Consider the question “There is a continuing underestimation of Delhi’s capacity to rework its great power relations with the US to meet India’s changing interests and circumstances. Critically examine.” 

    Conclusion

    The new India no longer wrings its hands in dealing with the US; it relishes the large room for strategic bargaining with America. Even more important, Delhi is no longer a reluctant partner to Washington.

  • Mandal 2.0 Moment: SC seeks States’ views on 50% Cap on Quota

    The Supreme Court sought responses from all states on whether the 50% ceiling limit on reservation needs to be reconsidered.

    Debate: The 50% Cap

    • The ceiling was imposed by a nine-judge Constitution Bench in the Indira Sawhney case in 1992, wherein the court strictly held that reservation cannot exceed 50%.
    • However, the bench did indicate that in exceptional circumstances, reservation could be extended.

    A case for Maratha Reservation

    • The court is set to examine whether the Maharashtra State Backward Classes Commission had made up a case of “extraordinary circumstances” of deprivation suffered by the Maratha community.
    • In fact, the Bombay High Court had, in June 2019, reduced the quantum of reservation for Marathas from the 16% recommended by the Gaikwad Commission to 12% in education and 13% in employment.
    • The ruling was challenged before a Supreme Court Bench, which referred it to a larger Constitution Bench.

    Challenges to the Maratha quota

    There are two main constitutional questions for the court to consider in the challenge to the Martha quota law.

    1. The first is whether states can declare a particular caste to be a socially and educationally backward class.
    2. The second is whether states can breach the 50% ceiling for “vertical quotas” set by the Supreme Court.

    What is the Indra Sawhney Case?

    • In 1979, the Second Backward Classes Commission (Mandal Commission) was set up to determine the criteria for defining the socially and educationally backward classes.
    • The Mandal report identified 52% of the population at that time as “Socially and Economically Backward Classes” (SEBCs) and recommended 27% reservation for SEBCs in addition to the previously existing 22.5% reservation for SC/STs.
    • In 1990, when the V P Singh led-government set out to implement the Mandal report, it was challenged in court amidst widespread protests against the move.
    • The case came up before a nine-judge Bench and a 6:3 verdict was delivered in 1992.

    What did the verdict say?

    • The court upheld the office memorandums that essentially implemented the Mandal report.
    • The majority opinion said the executive orders mandating 27% reservation for backward castes were valid.
    • It held that the reservation was made not just on the basis of caste, even if it appears so, but on the basis of objective evaluation of social and educational backwardness of classes.
    • The inclusion in the list of Backward Classes is very much warranted by Article 15(4).

    Precedents set by the judgment

    The landmark Indra Sawhney ruling set two important precedents.

    1. The court said that the criteria for a group to qualify for reservation are “social and educational backwardness”.
    2. It also reiterated the 50% limit to vertical quotas it had set out earlier. The court said this 50% limit will apply — unless in “exceptional circumstances”.

    How does the Maratha reservation relate to the Indra Sawhney case?

    • Based on the 102nd Amendment to the Constitution, which gives the President powers to notify backward classes, the court will have to look into whether states have similar powers.
    • Also, since this power flows from the Constitution, whether the President is still required to comply with the criteria set by the Supreme Court in the Mandal case.
    • The relevance of the Indra Sawhney criteria is also under question in another case in which the validity of the 103rd Amendment has been challenged.
    • The 103rd Amendment, passed in 2019, provides for 10% reservation in government jobs and educational institutions for the economically weaker section in the unreserved category.
    • Since the Indra Sawhney verdict gives a pass to a breach of the 50% quota rule only in exceptional circumstances, the court will have to test if the Maharashtra law qualifies to be an exception.

    Rising aspirations for backwardness!

    Similar to the Maratha issue are the cases of Patels in Gujarat, Jats in Haryana, and Kapus in Andhra Pradesh.

    Have any other states breached the 50% ceiling before?

    • States have breached the 50% ceiling before and intend to bring more reservation. A notable example is in Tamil Nadu.
    • Its Act of 1993, reserves 69% of the seats in colleges and jobs in the state government.
    • However, this was done by amending the Constitution, to place the law in the Ninth Schedule after the Indra Sawhney judgment.

    How does the Ninth Schedule come to the picture?

    • The Ninth Schedule provides the law with a “safe harbour” from judicial review under Article 31B of the Constitution.
    • Laws placed in the Ninth Schedule cannot be challenged for reasons of violating any fundamental right protected under the Constitution.
    • However, when the Tamil Nadu law was challenged in 2007 (I R Coelho v State of Tamil Nadu), the Supreme Court ruled that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights.
    • However, they can be challenged on the ground that it violates the basic structure of the Constitution.
    • A later Bench was to decide whether the Tamil Nadu law itself (breaching the 50% ceiling) violates basic structure, based on the I R Coelho verdict. The Bench has not yet been set up.