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GS Paper: GS2

  • In news: Loya Jirga

    The Afghan Loya Jirga approves release of 400 ‘hard-core’ Taliban prisoners.

    The term seems peculiar. We may expect a prelim question on the same.

    What is Loya Jirga?

    • A Loya Jirga is a special type of jirga, or legal assembly, in Pashtunwali, the traditional code of laws of the Pashtun people.
    • It is mainly organized for choosing a new head of state in case of sudden death, adopting a new constitution, or to settle national or regional issue such as war.
    • It predates modern-day written or fixed laws and is mostly favoured by the Pashtun people but to a lesser extent by other nearby groups that have been influenced by Pashtuns (historically known as Afghans).
    • In Afghanistan, Loya Jirgas have been reportedly organized since at least the early 18th century when the Hotaki and Durrani dynasties rose to power.

  • A new direction for India-U.S. ties

    This article analyses what the new shift in the India-U.S. ties will require for the mutual benefit.

    Following 12 factors would influence the depth and longevity of the India-U.S. ties.

    1) Outcome of the  U.S. Presidential elections

    • The success of India’s new bonding with the U.S. will depend on the outcome of the U.S. Presidential elections.
    • The Democratic party candidate with the Left wing and liberals in the U.S. has been highly critical of the Citizenship (Amendment) Act.

    2) Need to build trust with the U.S.

    • India purchased of the S-400 air defence missile system from Russia disregarding the U.S. concerns.
    • India refused to send Indian troops to Afghanistan.
    • We need to build trust with the U.S. that we will give to the U.S. as good as it gives us.
    • For this structuring we must realise that India-U.S. relations require give and take on both sides.
    • What India needs to take today is for dealing with the Ladakh confrontation with China.
    • India needs U.S. hardware military equipment.

    3)  Fighting the U.S. enemy in neighbourhood

    • The U.S. needs India to fight her enemies in the neighbourhood such as in Afghanistan.
    • India should send two divisions gradually to Afghanistan and relieve U.S. troops to go home

    4) Intelligence sharing and cooperation

    • India needs the support of the U.S. and its ally, Israel, in cyberwarfare, satellite mappings of China and Pakistan.
    • There is a need for sharing intercepts of electronic communication, hard intelligence on terrorists, and controlling the military and the Inter-Services Intelligence in Pakistan.

    5) Developing naval bases

    • India needs the U.S. to completely develop the Andaman & Nicobar, and also the Lakshadweep Islands as a naval and air force base.
    • These naval bases can be used by the U.S  and shared along with its allies such as Indonesia and Japan.

    6) Economic relations and India’s concerns

    • The economic relations must be based on macroeconomic commercial principles.
    • Free, indiscriminate flow of U.S. foreign direct investment (FDI) is not in India’s national interest.

    7) Technology sharing

    • India needs technologies such as thorium utilisation, desalination of sea water, and hydrogen fuel cells.

    8) U.S. should allow import of agricultural product

    • The U.S. must allow India’s exports of agricultural products including Bos indicus milk, which are of highly competitive prices in the world.

    9) FDI in India

    • FDI should be allowed into India selectively from abroad, including from the U.S.
    • FDI in India should be based on the economic theory of comparative advantage and not on subsidies and gratis.

    10) Tariffs

    • Tariffs of both India and the U.S. should be lowered, and the Indian rupee should be gradually revalued to ₹35 to a dollar.
    • Later, with the economy picking up, the rupee rate should go below 10 to the dollar.

    11) Stay away from certain issues

    •  India should not provide the U.S. with our troops to enter Tibet, or be involved in the Hong Kong and Taiwan issue.
    • There is always a possibility of a leadership change in China.
    • Thus, China’s policy changed very favourably towards India.
    • In the cases of Tibet, Taiwan, and Hong Kong, we have made explicit agreements.
    • In the case of Tibet, two formal treaties were signed by Nehru (1954) and A.B. Vajpayee (2003).

    12) Trilateral commitment to world peace

    • In the long run, India, the U.S., and China should form a trilateral commitment for world peace provided Chinese current international policies undergo a healthy change.

    Consider the question “What are the factors influencing the India-U.S. ties? Suggest the pathway to address the issues that hamper the deepening of India-U.S. ties.”

    Conclusion

    Both countries need to recognise each other’s concern and work towards the deepening of the ties for the mutual benefit and with a view to dealing with the challenges confronting both the countries.

  • What India should consider about the proposition to isolate China

    The economic grip China exerts on the world protects it from the threat of isolation. This article examines this issue and its implications for India.

    Worsening U.S.-China ties and implications for other countries

    • After years of cooperating with one another, the U.S. and China are currently at the stage of confrontation.
    • Both are seeking allies to join their camps.
    • This places several countries in Asia, in a difficult position as most of them, loathe to take sides.
    • The U.S. may not necessarily be the first choice for many countries of Asia and the Asia-Pacific region.
    • In the case of China, it is clearly more feared than loved.

    China’s aggression

    •  Beijing’s virtual takeover of Hong Kong has only confirmed what had long been known about China’s intentions.
    • In March-April this year, China further stepped up its aggressive actions, renaming almost 80 geographical features in the region as an index of Chinese sovereignty.
    •  Taiwan, Japan, Vietnam, Indonesia and South Korea have all complained about China’s menacing postures in their vicinity.

    How countries are resisting China

    • Hardly any country in Asia is willing to openly confront China, and side with the U.S.
    • East Asian countries explain that China was always known to be over-protective of the South China Sea.
    • And China consider South China Sea a natural shield against possible hostile intervention by outside forces inimical to it.
    • No U.S. assurance and Chinese aggression has been enough to make countries in the region openly side with the U.S. and against China.

    China’s economic grip and lessons for India

    • Despite a series of diktats from Washington to restrict economic and other relations, China remains unfazed.
    • China seems confident that its stranglehold on the global economy ensures that it does not face any real challenge.
    • It would be wise for India to recognise this.
    • It is equally necessary to realise how fickle some of these countries can be when it comes to economic issues.
    •  At a recent meeting in Washington Australia (a member of the Quad) made it clear that China is important for Australia.
    • Likewise, the U.K.’s Secretary of State for Foreign and Commonwealth Affairs, recently stated in its Parliament, that the U.K. wants a positive relationship with China.
    • It is evident that few nations across the world are willing to risk China’s ire because of strong economic ties.

    India’s relations with neighbouring countries: concerns

    • India’s relations with Nepal, meanwhile, have hit a roadblock over the Kalapani area.
    • In Sri Lanka, the return of the Rajapaksas to power after the recent elections does not augur too well for India-Sri Lanka relations.
    • The strain in India-Bangladesh relations is a real cause for concern since it can provide a beachhead against Chinese activities in the region.

    Growing Chinese presence in India’s sphere of influence

    •  In July, the Chinese Foreign Minister organised a virtual meeting of the Foreign Ministers of Nepal, Afghanistan and Pakistan.
    • In this meeting, China proposed economic corridor plan with Nepal, styled as the Trans-Himalayan Multi-Dimensional Connectivity Network.
    • China has also made headway in Iran to an extent, again at India’s expense.

    Conclusion

    Geo-balancing is not happening to China’s disadvantage. This lesson must be well understood when India plan its future strategy.

  • Back in news: Indus Water Treaty (IWT)

    India has refused a request by Pakistan to hold a meeting on issues around the Indus Water Treaty (IWT) at the Attari check post near the India-Pakistan border.

    The IWT has been in existence since 1960, and reached a flash point in the aftermath of the Uri attacks in 2016 with PM declaring that “blood and water couldn’t flow together”.

    About Indus Waters Treaty, 1960

    • The IWT is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan
    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic, industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc. while laying down precise regulations for India to build projects
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

    Talks stalled on key projects

    • Among the key points on the table was evolving a procedure to solve differences on technical aspects governing the construction of the Ratle run-of-the-river (RoR) project on the Chenab in the Kishtwar district.
    • India has called for the appointment of a ‘neutral’ party while Pakistan favours a Court of Arbitration to agree upon a final resolution on the design parameters of this hydropower project.
    • According to the IWT, India has the right to build RoR projects on the three ‘western’ rivers — the Chenab, Jhelum and Indus — provided it does so without substantially impeding water flow in Pakistan downstream.
    • Pakistan believes that the project’s current design does pose a serious impediment and has told the World Bank that it wants a Court of Arbitration (CoA) set up to decide on the issue.
    • India says this is only a technical issue and mutually solvable.

  • Issue of contempt of court

    The concept of contempt of court has been in the news recently. This article analyses the issue and draws on the approach adopted by the British judiciary.

    Issues with the concept of contempt

    • The concept of contempt is a centuries-old British law abolished in 2013.
    • At the time the British Law Commission said that one of the intentions for contempt of court was to hide judicial corruption.
    • The concept, therefore, clashed with the need for transparency but also freedom of speech.

    Let’s look into some comment’s from judges

    • In1968, a British judge, had this to say of the Law of Contempt “We will not use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself. “
    • In a 2008 lecture by Justice Markandey Katju noted that “The test to determine whether an act amounts to contempt of court or not is this: Does it make the functioning of judges impossible or extremely difficult? If it does not, then it does not amount to contempt of court even if it’s harsh criticism”.

    Way forward

    • Whilst justice is important, judges must not take themselves too seriously.
    • Even if their amour propre is offended, it does not mean the institution has been questioned or justice brought into disrepute.
    • Judges deliver justice, they do not embody it.
    • They should never forget their Court is supreme because it’s final not because it’s infallible.
    • When they lapse they can be criticised, but of course, politely and fairly.

    Conclusion

    Indian Supreme Court hopefully pay attention to this aspect while delivering the judgement on the contempt cases.

  • What are Confucius Institutes, and why are they under the scanner in India?

    • The Ministry of Education (previously HRD) had sent a letter to several institutions seeking information about the activities of their Confucius Institutes (CIs) and Chinese language training centres.
    • This has brought the spotlight to China’s CI programme, a key pillar of Beijing’s global soft power effort, and raised questions about the future of India-China cooperation in the education space.

    Try this question for mains:

    Q.“It cannot be business as usual with China after the border clash.” Critically comment.

    What are the Confucius Institutes (CI)?

    • Starting with a CI in Seoul in 2004, China’s National Office for Teaching Chinese as a Foreign Language (NOCFL) known as Hanban establishes CI.
    • China has established 550 CIs and 1,172 Confucius Classrooms (CCs) housed in foreign institutions, in 162 countries.
    • As the Hanban explains on its website, following the experience of the British Council, Alliance Française and Germany’s Goethe-Institut, China began “establishing non-profit public institutions which aim to promote Chinese language and culture in foreign countries”.

    What is the presence of CIs in India?

    • India is reviewing the presence of CIs in seven universities, in addition to 54 MoUs on inter-school cooperation involving China, which is not connected to the CI programme.

    How have CIs been viewed around the world?

    • The CI arrangement has generated debate in the West, where some universities have closed the institutes amid concern over the influence of the Chinese government and it’s funding on host institutions.
    • Closures of some CIs have been reported in the United States, Denmark, the Netherlands, Belgium, France and Sweden.
    • While the closures in the West have made news, these cases still represent a minority. Faced with this backlash, China is now rebranding the programme.
    • Most of the 550 CIs and more than 1,000 CCs around the world are still active, with a presence spanning Africa, Central Asia, Latin America, and across Asia.

    What does it mean for India-China relations?

    • CIs and CCs had already been in India for more than 10 years.
    • Even prior to the border skirmishes, Indian authorities had viewed the CI arrangement somewhat warily.
    • Along with the new move to review CIs, Mandarin has been dropped from the list of foreign languages that can be taught in schools in the new National Education Policy.

    Not a perfect move

    • Recent moves by India shows that it cannot be business as usual with China after the border clash.
    • However, India’s long-term objectives are not clear.
    • De-emphasizing learning Mandarin is neither likely to impact China’s stance on the border nor help India in developing the expertise and resources it needs in dealing with China.

  • Pakistan’s new Political Map

    Recently Pakistani PM announced a new political map of Pakistan.

    Do you think that the recent launch of new political maps depicting Indian territories by Pakistan would make any difference on the international community’s stance on Kashmir?

    A chain reaction

    • With this, Pakistan became the third country to launch a new political map after India and Nepal did the same.
    • India had reiterated its territorial claims in J&K, and Ladakh with the new map; this triggered a reaction from Nepal which contested Indian claims in the Kalapani region of Pithoragarh district.

    What are the features of the new map?

    • The new political map of Pakistan has claimed the entire region of Jammu and Kashmir stretching all the way to the edge of Ladakh.
    • The map also claims Junagarh and Manavadar, a former princely State and territory, respectively that are part of present-day Gujarat.
    • Pakistan also claimed the entire territory and water bodies that fall in the Sir Creek region in the westernmost part of India.

    Defiance of old agreements

    • The territorial claims of Pakistan are, however, of a far greater extent and challenge many of the past understandings and treaties.
    • This clearly runs counter to the Simla Agreement which treated Kashmir as a bilateral matter.
    • It leaves out a claim line at the eastern end of J&K indicating Pakistan’s willingness to make China a third party in the Kashmir issue.

    How different is it from previous ones?

    • A similar map has been part of school textbooks of Pakistan for many years which highlights the territorial aspiration of Pakistan over the northern part of the subcontinent.
    • The document also maintains bits of reality on the ground as it shows the Line of Control in Kashmir in a red-dotted line.
    • The map may be used to provide legal cover for some of Islamabad’s territorial ambitions, especially in Kashmir and Sir Creek.

    A Cartographical warfare

    • The map is likely to lead to changes in Pakistan’s position on territorial disputes with India.
    • By demanding the entire J&K region, Pak is changing the main features of its Kashmir discourse as it includes the Jammu region prominently.
    • The inclusion of Junagarh and Manavadar opens fundamental issues of territorial sovereignty of India.
    • Manavadar, a princely territory, joined India on February 15, 1948, and Indian troops marched into Junagarh in September that year incorporating it into Indian Territory.
    • By normalizing Islamabad’s claims over these former princely territories, Pakistan is most likely to assert its rights over the former princely State of Hyderabad as well.

    What does Pakistan plan to gain by this exercise?

    • Sir Creek is a collection of water bodies that extend from the Arabian Sea deep inside the territory of Kutch and is rich in biodiversity and mangrove forests.
    • India’s position on Sir Creek is based on the Kutch arbitration case of 1966-69.
    • The new map can be used to reassert Pakistan’s claims regarding the Rann which it had lost in the arbitration conducted in Geneva.
    • India’s position regarding Sir Creek is based on the fact that the arbitration had granted the entire Rann and its marshy areas to India while leaving the solid land across the Rann to Pakistan.
    • By demanding the demarcation to shift towards the eastern bank, Pakistan appears to be going back also on the spirit of the Rann of Kutch arbitration where the overwhelming evidence of maps supported India’s claims.

    Are there any claims on its western borders?

    • The map is silent about territorial claims in the west and northwest of Pakistan.
    • It indicates Islamabad’s acceptance of the Durand Line as the border with Afghanistan.
    • The reality on the ground, however, shows problems that continue to haunt Pakistan on that front as well where law and order have been difficult to maintain because of free movement of armed fighters.
    • A deadly clash between Afghan civilians and Pakistani troops near its Khyber-Pakhtunkhwa province is a usual discourse.
    • The resultant situation has placed Afghan and Pakistani troops in a confrontational position.

  • [pib] E-Sanjeevani Tele-Medicine Platform

    1.5 lakh teleconsultations were recently completed on the “eSanjeevani” and “eSanjeevani OPD” tele-medicine.

    Why Telemedicine?

    Telemedicine can increase the efficiency of care delivery, reduce expenses of caring for patients or transporting to another location, and can even keep patients out of the hospital.  

    E-Sanjeevani Platform

    • E-Sanjeevani is a platform-independent, browser-based application facilitating both doctor-to-doctor and patient-to-doctor tele-consultations.
    • It provides the ease of accessing the health records at the comforts of one’s home.
    • The application is based on invite-system which restricts it to the actual beneficiaries of the application.
    • It has a user-friendly interface which facilitates both tech-savvy and novice doctors/users in the rural and urban environment to access the application.
    • This eSanjeevani platform has enabled two types of telemedicine services viz. Doctor-to-Doctor (eSanjeevani) and Patient-to-Doctor (eSanjeevani OPD) Tele-consultations.
    • The former is being implemented under the Ayushman Bharat Health and Wellness Centre (AB-HWCs) programme.

    Services included:

    The telemedicine platform hosts speciality OPDs which include:

    • Gynaecology, Psychiatry, Dermatology, ENT, Ophthalmology, antiretroviral therapy (ART) for the AIDS/HIV patients, Non-Communicable Disease (NCD) etc

    With inputs from:

    https://www.cdac.in/index.aspx?id=hi_pr_eSanjeevani

  • Digital realities of India

    Context

    • Google has recently announced a decision to invest $10 billion in India.
    • To put that sum in context, it is over 10 times the money set aside for 100 smart cities and almost 20 times that for Digital India.
    • Purpose of that investment is stated to be digitising India.

    Digital realities of India Google must consider:

    1) Contradictions

    •  India recognises the internet as a human right, and yet, has led the world in internet shutdowns.
    • Its internet speeds can be slow and variable, but its uptake of smartphones is the world’s fastest.
    • It is second only to China in internet users, app downloads and social media users.

    2) Lack of access to internet

    • Only 21 per cent of women are mobile internet users, while the percentage for men is twice that number.
    • There are many societal factors that make it difficult for women and girls to enjoy full digital freedoms.
    • In rural India, where two-thirds of the country lives, just about a quarter of the population has internet access.
    • Differences in digital access mean differences in the quality of education.
    • The gaps are both digital and societal.

    3) Lack of access to banks

    •  India’s workforce is mostly informal.
    • Only 22 per cent of recipients of migrant remittances have access to banks within one km, according to a report by the Centre for Digital Financial Inclusion.
    • A push from Google and its competitors could make payments and financial access more inclusive.

    4) Need for special products for India

    • you mention new products for India’s unique needs, of which there are many.
    • Consider the needs in the agricultural sector alone.
    • Impac of predictive data analytics and basic artificial intelligence into Indian agriculture using readily available technologies would be huge.
    • Precision farming to improve the timing and quantity of seeding, irrigation and fertiliser usage.
    • Helping farmers get credit at lower costs and helping predict commodity prices can create $33 billion in new value annually in Indian agriculture.

    5) Lack of data governance and issues with it

    • Nandan Nilekani has said, India will be data rich before it is “economically rich”.
    • With 650 million internet users, there is a lot of data richness already.
    • But this data richness exists without a forward-looking and inclusive data governance policy.
    • The experience with Aarogya Setu, provided a perfect case study on the discomfort within India because of the absence of such governance.

    6) Prevalence of misinformation

    • It is essential to get a handle on the “infodemic” problem in India.
    • The situation was made far worse by the pandemic, where many of the prejudices, fears have converged.
    • Google-owned YouTube is a critical medium for spreading information, fact and fiction.
    • To its credit, YouTube removed over 8,20,000 videos in India in the first quarter of 2020.
    • This is a great start, but the bad guys will only find ways around it and Google must make deeper investments in both human and machine intelligence to stay ahead.

    7) Geopolitical context

    • India is inching closer to the US corner in the tech Cold War between the US and China.
    • India-China relationship has cooled this year as a fallout from the political tensions between New Delhi and Beijing.
    • India acted against Chinese ByteDance-owned video streaming app TikTok, along with 59 mobile apps.
    • Google’s role will be important as a bargaining chip against China and the partnership with Jio.
    • This important role may help Google get some domestic leverage with Indian regulators.

    8) Job creation

    • Digital technologies can create jobs.
    • For this to happen India must streamline the regulations to enhancing the country’s digital and physical foundations.
    • There is also need for developing more progressive data accessibility laws.
    • To translate into productive work, the government must invest in skill-building and education at all levels.

    Consider the question “Digitising India could accelerate its progress toward development but there are certain factors which must be addressed before India could reap benefits of digitising. Examine such factors and suggest the ways to deal with the issues in digitising the country.”

    Conclusion

    There is a lot Google can take while working on the task of digitising India. But the above-mentioned factors will help Google chart out its journey well.

    Original articles:

    https://indianexpress.com/article/opinion/columns/sundar-pichai-google-education-digital-india-6544793/

  • Back in news: EWS quota law

    The Supreme Court has referred to a five-judge Constitution Bench a batch of petitions challenging the 103rd Constitution Amendment of 2019 that provides 10% reservation for Economically Backward Section (EWS).

    Try this question for mains:

    Q.What are the various constitutional challenges posed by the 103rd Constitutional Amendment Act?

    What does the reference mean?

    • A reference to a larger Bench means that the legal challenge is an important one.
    • As per Article 145(3) of the Constitution, “the minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution” shall be five.
    • The Supreme Court rules of 2013 also say that writ petitions that allege a violation of fundamental rights will generally be heard by a bench of two judges unless it raises substantial questions of law.
    • In that case, a five-judge bench would hear the case.
    • Laws made by Parliament are presumed to be constitutional until proven otherwise in court.
    • The SC had refused to stay the 103rd Amendment. A reference will make no difference to the operation of the EWS quota.

    What is the 103rd amendment about?

    • It provides for 10% reservation in government jobs and educational institutions for EWS, by amending Articles 15 and 16 that deal with the fundamental right to equality.
    • While Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, Article 16 guarantees equal opportunity in matters of public employment.
    • An additional clause was added to both provisions, giving Parliament the power to make special laws for EWS as it does for SCs, STs and OBCs.
    • The states are to notify who constitute EWS to be eligible for reservation.

    Issues with the law

    The SC agreed that the case involved at least three substantial questions of law, whether:

    • First, it violates the Basic Structure of the Constitution. This argument stems from the view that the special protections guaranteed to socially disadvantaged groups is part of the Basic Structure and that the 103rd Amendment departs from this by promising special protections on the sole basis of economic status.
    • Second, it violates the SC’s 1992 ruling in Indra Sawhney Case, which upheld the Mandal Report and capped reservations at 50%. In the ruling, the court held that economic backwardness cannot be the sole criterion for identifying backward class.
    • The third challenge has been of private, unaided educational institutions. They have argued that their fundamental right to practise a trade/profession is violated when the state compels them to implement its reservation policy and admit students on any criteria other than merit.

    What are the government’s arguments?

    • The Ministry of Social Justice and Empowerment filed counter-affidavits to defend the amendment.
    • When a law is challenged, the burden of proving it unconstitutional lies on the petitioners.
    • The government argued that under Article 46 of the Constitution, part of DPSP, it has a duty to protect the interests of economically weaker sections.

    1) The very identity of the Constitution has not been altered.

    2) Countering the claims about Indra Sawhney principle, the government relied on a 2008 ruling— Ashok Kumar Thakur v Union of India, in which the SC upheld the 27% quota for OBCs. Here, the court accepted that the definition of OBCs was not made on the sole criterion of caste but a mix of caste and economic factors, to prove that there need not a sole criterion for according reservation.

    3) For the unaided institutions, the government argued that the Constitution allows the Parliament to place “reasonable restrictions” on the right to carry on trade.

    B2BASICS

    What are the significances of the EWS quota?

    • Address economic inequality: Currently, the economically weaker sections of citizens have remained excluded from attending higher educational institutions and public employment due to their financial incapacity. Therefore, the 10% quota is progressive and could address the issues of educational and income inequality in India.
    • Constitutional recognition:The proposed reservation through a constitutional amendment would give constitutional recognition to the poor from the upper castes.
    • Remove stigma associated with Reservation: It will gradually remove the stigma associated with reservation because reservation has historically been related with caste and most often the upper caste look down upon those who come through the reservation.

    What are the challenges before the EWS quota?

    1.Eligibility criteria:

    • Critics claim that the 8 lakh income threshold is very high and will practically cover nearly all population not already covered by reservations.
    • Notably, NSSO and IT department data shows that at least 95% of Indian families will fall within this limit.
    • Other eligibility criteria have also claimed to be flawed.

    2.Sole economic criteria:

    • The Supreme Court in Indra Sawhney judgement has maintained that a backward class cannot be determined mainly with respect to the economic criterion.
    • Hence introducing reservation based on economic criteria would invite judicial scrutiny.

    3.50 percent limit:

    The SC has put a cap for reservations at 50% – the current proposal will exceed the limit and hence could be legally challenged.

    4.Determining economic backwardness:

    This is a  major challenge as there are concerns regarding the inclusion and exclusion of persons under the criteria.

    5.Enforcement:

    The implementation of the legislation would also be a great challenge since the states do not have the finances to enforce even the present and constitutionally mandated reservations.

    Shrinking jobs:

    When the government is trying to restrict its public services through the advancement of technology in the government system, providing quota in jobs will be a useless move.

    6.Encouraging reservations: 

    The intent of constitutional makers as originally manifested via Article 15 and 16 was to be reviewed after 10 years. However, instead of restricting the policy of positive discrimination, the government is pushing it in some or other forms.

    7.Populist initiative:

    When elections are near, many populists’ measures are put forward by political parties such as loan waiver, reservations, etc. Considering the low levels of political literacy and awareness among masses, political parties take leverage of the same thus impacting the socio-economic and political structure at large.

    8.Lack of proofs to back the outcomes:

    Even after years of reservation policy, there are no considerable pieces of evidence to support the achievements of the original intent of affirmative action. For instance, only about 4 percent each of rural Scheduled Tribe and Scheduled Caste households have a member in a government job.

    9.Lack of Level Playing Field:

    It has to be noted that the Upper ladder in the reserved category are mainly benefitted from the policy whereas the benefits do not reach the marginalized. It may also happen with respect to reservation based on economic criteria as well.

    What is the way forward?

    • One-time usage: Make sure that beneficiaries use their reserved category status only once in their lifetime. For example, a person shall not be allowed to use the reservation for jobs if he/she has already used it for college admissions. Aadhaar can be utilized for this purpose in order to prohibit the second usage.
    • Quality of education: The government should focus on quality in addition to access. For instance, it is no use to give reservation to the poor people in college admission if the quality of the education is low = they get no job. Hence, the quality of education should be given due attention from the primary school stage itself.
    • Vocational education: should be promoted with the necessary skills and knowledge to make them industry ready.
    • Entrepreneurship: Create a spirit of entrepreneurship and make them job giver instead of a job seeker.
    • Social upliftment measures: Alternative as well as effective social upliftment measures should be adopted instead of just focussing on reservation aspect.