The Kerala Cabinet aims to challenge the implementation of the Citizenship (Amendment) Act, 2019, expressing opposition to its perceived anti-Muslim bias. Legal options are explored to contest the Act’s rules.
Context:
The government notified rules for implementing the Citizenship Amendment Act, 2019, simplifying the process for granting Indian citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who arrived before December 31, 2014.
About Citizenship Amendment Act, 2019
The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955. This Act provided provisions for citizenship by Birth, Descent, Registration and Naturalization.
Eligibility Criteria: Amends the Citizenship Act of 1955 to grant Indian citizenship to illegal migrants belonging to specific religious communities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – from Afghanistan, Bangladesh, and Pakistan.
Definition of Illegal Migrants: Illegal migrants are those who enter India without valid travel documents or exceed the permitted duration of stay, subject to prosecution, deportation, or imprisonment.
Cutoff Date: Provides eligibility for Indian citizenship to illegal migrants from the mentioned communities who entered India on or before December 31, 2014, excluding them from being treated as illegal immigrants.
Exclusion of Muslims: Notably excludes the Muslim community from the list of eligible religious groups, sparking controversy and criticism over religious discrimination in the citizenship criteria.
What are the recent challenges faced by the Kerala Government?
Anti-Muslim Bias: The Kerala government opposes the Citizenship Amendment Act (CAA), labeling it as “patently anti-Muslim and deeply schismatic.”
Resolution for Repeal: The Kerala Assembly adopted a resolution in 2019 demanding the repeal of CAA due to its criterion of religion for Indian citizenship.
Legal Challenge: Kerala filed an original suit before the Supreme Court under Article 131, contesting the Center’s framing of CAA rules. Congress leader Ramesh Chennithala, DYFI, and IUML challenge CAA in the Supreme Court.
Urgency Post CAA Rules: Kerala Cabinet emphasizes new legal urgency after the Center’s notification of CAA rules.
Ongoing anti-CAA protests were witnessed in Kerala, including train blockades and marches. Congress leaders condemn CAA for undermining secular principles.
Opposition criticizes Kerala CM’s stance against implementing CAA and calls it political posturing.
National Scenario:
States:
In Assam: Members of the All Assam Students Union (AASU) took part in a protest march after the central government notified the rules for implementation of the Citizenship (Amendment) Act, in Guwahati.
In Kolkata: Leaders of the Communist Party of India (Marxist-Leninist) protested against the implementation of the Citizenship (Amendment) Act.
Youth Protests:
In Delhi: Students of Jamia Millia Islamia University also staged a protest after the central government notified the rules for implementation of the Citizenship (Amendment) Act.
In Tamil Nadu: Further, members of the Students’ Federation of India (SFI) staged a protest, a day after the Modi-led government notified the rules for implementation of the Citizenship (Amendment) Act, at Madras University.
Way Forward to address the concerns and avoid protests:
Dialogue and Consultation: Engage in open dialogue with stakeholders, including state governments, opposition parties, and civil society, to address concerns and seek consensus on amendments or alternatives to the Citizenship Amendment Act.
Legal Review: Conduct a comprehensive legal review of the Citizenship Amendment Act and its rules to ensure adherence to constitutional principles, including equality before the law and secularism.
Inclusive Citizenship Criteria: Consider revising the Citizenship Amendment Act to remove religious criteria and ensure that citizenship is granted based on objective and non-discriminatory grounds, such as residency or persecution.
Uphold Secular Values: Reaffirm the government’s commitment to secularism and religious pluralism, emphasizing the importance of protecting the rights of all communities and promoting social harmony.
Conclusion:
Address Kerala’s concerns over anti-Muslim bias in CAA, legal challenges, and ongoing protests. Emphasize dialogue, legal review, inclusivity, and upholding secular values to foster social harmony and resolve grievances.
Prelims PYQs
Q. With reference to India, consider the following statements :
There is only one citizenship and one domicile.
A citizen by birth only can become the Head of State.
A foreigner once granted citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
The plea filed by the NGO Association for Democratic Reforms seeks an urgent hearing as it raises concerns about potential unfair advantage in filling Election Commission vacancies after Arun Goel’s resignation.
Context
The unexpected resignation of Arun Goel ahead of the Lok Sabha elections raised concerns about potential unfair advantage in filling the vacancies.
The NGO Association for Democratic Reforms requested the new law on EC appointments to be put on hold and urged the involvement of the Chief Justice of India in the selection committee, as directed by a previous Supreme Court judgment.
About the CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023:
The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
It addresses the appointment, salary, and removal of the CEC and ECs.
Appointment Process:
The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition/leader of the largest opposition party in Lok Sabha.
Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.
A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.
Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.
Why Free and fair elections are necessary?
Protects from Intimidation and Fraud: Concerns were raised about the potential for unfair advantage due to the Executive’s ability to appoint two Election Commissioners, which could compromise the independence of the Election Commission.
Consensus building and Integrity: Emphasis on the critical role of the Election Commission in ensuring free and fair elections, highlights the importance of fair and unbiased appointments to maintain the integrity of the electoral process.
Anoop Baranwal Case: Reference to the Supreme Court’s judgment in the Anoop Baranwal case, where a Constitution Bench directed the appointment of the Chief Election Commissioner (CEC) and two ECs by the President based on the advice of a committee consisting of the Prime Minister, Leader of Opposition, and Chief Justice of India (CJI).
Government’s Response: Mention of the government’s enactment of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre more control over the appointment process, contrary to the Supreme Court’s judgment.
Way Forward: Need to avoid Political interference:
Current Leadership: Mention of CEC Rajiv Kumar being in sole charge of the Election Commission at present, indicates the need to address vacancies in the position of Election Commissioners to ensure effective functioning, especially with impending elections.
Independence of Election Commission: Emphasis on the importance of maintaining the independence of the Election Commission from political and executive interference to ensure free and fair elections and uphold democracy.
Insulation from Interference: Arguing that the Election Commission should be insulated from political and/or executive interference to preserve the integrity of the electoral process and protect democratic principles.
Critical Role of Election Commission: Highlighting the critical role of the Election Commission in various aspects such as ensuring free and fair elections, resolving disputes between political parties, and maintaining accurate voter lists and turnout, underscoring the urgency to address vacancies in the Commission.
Conclusion:
The government should reconsider the appointment process, ensuring the inclusion of the Chief Justice of India in the selection committee to uphold the independence and integrity of the Election Commission.
Mains PYQs
Q. Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (2022)
In recent years, India has decreased its reliance on the top arms supplier of Russia from 76% (2009-13) to 36% (2019-23), as per SIPRI, indicating diversification in arms imports.
Context:
India’s arms imports have marked an eventual shift from Russia to France and the U.S. impacting India’s defensive modernization, regional security dynamics in the Indo-Pacific, and global arms trade trends, reshaping geopolitical relationships.
Major shift observed in the volume of exporters to India:
Increase in France’s Share: France’s share of India’s arms imports surged from 0.9% in 2009-13 to 33% in 2019-23, positioning it as the second-largest supplier.
Increase in U.S. share: The U.S.’s share of India’s arms imports also rose from 8% to 13% during the same period.
Focus on Military Modernization: The rise in arms imports reflects India’s ongoing efforts towards military modernization and enhancement of defense capabilities.
How India has climbed to become the world’s biggest arms importer, displacing Saudi Arabia?
India’s Rise as Largest Arms Importer: India surpassed Saudi Arabia to become the world’s biggest arms importer between 2019 and 2023, with its share in global arms imports increasing from 9.1% to 9.8%. Saudi Arabia’s share of global arms imports decreased from 11% to 8.4% during the same period.
Emergence of Ukraine: Ukraine, previously a negligible importer, increased its share of global arms imports to 4.9% following the Russian invasion in February 2022.
Trends in Neighboring Countries: Pakistan’s share in global arms imports rose from 2.9% to 4.3%, while China’s share declined from 4.9% to 2.9%.
How Russia is affected in this scenario?
Decline in Russia’s Arms Exports: Russia’s share of global arms exports decreased from 21% in 2014-18 to 11% in 2019-23, accompanied by a 52% reduction in volume terms. Russian arms exports remained stable until 2019 but rapidly declined in 2020-2023, with a 74% decrease in volume by 2023 compared to 2019.
Impact on Russia’s Arms Industry: The decline in Russia’s arms exports suggests potential challenges for its arms industry, including decreased revenue and market share.
Decrease in Number of Recipient Nations: Russia supplied arms to 31 nations in 2019, which decreased to 12 by 2023, indicating a reduction in its arms export footprint.
U.S. Consolidation as Top Exporter: The U.S. increased its share in global arms exports from 34% to 42% during the same period, consolidating its position as the leading arms exporter. The U.S.’s increased share in global arms exports underscores its dominance in the arms market and its ability to expand its influence worldwide.
How India is affected in this scenario?
Diversification of Arms Suppliers: India’s reduced dependence on Russia indicates a diversification strategy, reducing vulnerability to supply disruptions and geopolitical tensions.
Strengthened Defense Partnerships: Increased arms imports from France and the U.S. suggest enhanced defense partnerships, potentially leading to technology transfers, joint ventures, and co-development projects.
Modernization of Armed Forces: Importing a diverse range of weapons and equipment from multiple suppliers enhances the modernization efforts of India’s armed forces, improving operational capabilities and readiness.
Technological Advancements: Collaboration with advanced arms exporters like France and the U.S. may facilitate access to cutting-edge technologies, fostering indigenous defense production capabilities and innovation.
What are the implications on Indo-Pacific region?
Impact on Regional Dynamics: The shift in India’s arms imports could alter the balance of power in the Indo-Pacific region, potentially prompting other countries to reassess their defense strategies and alliances.
Increased arms imports from France and the United States may signal India’s intention to diversify its defense partnerships and capabilities, potentially contributing to regional stability by reducing dependence on a single supplier.
Western Tilt: Diversifying arms imports could reach it with Western defense systems, potentially bolstering its role as a key player in the Indo-Pacific region’s security architecture.
China Factor: This may aim at countering China’s growing military assertiveness in the region. This could lead to increased competition and tensions between the two countries.
Russia’s Influence: The reduction in India’s arms imports from Russia may diminish Russia’s influence in the Indo-Pacific region.
Conclusion
India’s decreasing reliance on Russian arms, increased imports from France and the U.S., and diversification of suppliers reshape regional security dynamics have more evolving dynamics in Global geopolitics considering recent moves of Russia in its defence and military policies.
Mains PYQs:
What is the significance of Indo-US defence deals over Indo-Russian defence deals? Discuss with reference to stability in the Indo-Pacific region. (2020)
Practice Questions for Mains:
Q- How has India’s decreasing reliance on Russian arms and increasing imports from France and the U.S. reshaped regional security dynamics and global arms trade trends?
March 14, or 3/14, is celebrated globally as Pi Day, paying homage to the mathematical constant Pi (π).
About Pi Day
Initiated by: Physicist Larry Shaw of the Exploratorium museum in San Francisco started the tradition in 1988, which has since gained international recognition.
UNESCO Designation: In 2019, UNESCO designated Pi Day as the International Day of Mathematics, highlighting its significance in promoting mathematical awareness.
What is Pi?
Mathematical Constant: Pi (π) represents the ratio of a circle’s circumference to its diameter, with a value of approximately 3.14.
Irrational Number: Pi is an irrational number, with a decimal representation that neither terminates nor repeats.
Ancient Approximations: Ancient civilizations, including Babylonians and Egyptians, approximated Pi using geometric methods, laying the foundation for its calculation.
Symbol of Beauty: Pi’s infinite and non-repeating decimal digits evoke a sense of wonder and appreciation for the intricacies of mathematics.
Do you know?
Baudhayana (800 BC – 740 BC) is said to be the original Mathematician behind the Pythagoras theorem and Calculation of Pi (3.142).
Pythagoras theorem was indeed known much before Pythagoras, and it was Indians who discovered it at least 1000 years before Pythagoras was born!
The credit for authoring the earliest Sulbha Sutras goes to him.
Aryabhatta, another great Indian mathematician, worked out the accurate value of π to 3.1416. in 499AD.
Evolution of Pi Calculation
Archimedes’ Method: Greek polymath Archimedes devised a method to approximate Pi using inscribed and circumscribed polygons, pioneering early calculations.
Newton’s Contribution: Isaac Newton revolutionized Pi calculation using calculus, significantly simplifying the process and enabling rapid advancements.
Modern Computing: With the aid of modern computers, mathematicians have calculated Pi to trillions of decimal places, facilitating precise scientific calculations.
Practical Significance of Pi
Architectural and Engineering Applications: Pi plays a crucial role in designing structures, shaping engineering solutions, and facilitating accurate measurements.
Understanding the Universe: Pi’s significance extends to diverse fields, from space exploration to molecular biology, underscoring its universal applicability.
Intrinsic Value: Despite its vast decimal expansion, Pi holds intrinsic value as a symbol of mathematical beauty and infinity, inspiring exploration and discovery.
Popocatepetl, Mexico’s most dangerous active volcano has erupted 13 times in the past day, hurling columns of ash and smoke into the sky.
AboutPopocatepetl Volcano
Popocatepetl — which means “Smoking Mountain” in the Aztec Nahuatl language — is located in central Mexico roughly 72 km southeast of Mexico City.
Popocatepetl is situated in the eastern half of the Trans-Mexican Volcanic Belt, in Central Mexico.
It lies on the border between the states of Puebla and Morelos.
The summit of Popocatepetl stands at an elevation of about 5,426 meters above sea level, making it the second-highest peak in Mexico after Citlaltepetl (Pico de Orizaba).
Geological Details
Popocatepetl is a stratovolcano (composite volcano) characterized by its steep, conical shape built up by successive layers of volcanic ash, lava flows, and pyroclastic materials.
It is one of Mexico’s most active volcanoes, with documented eruptions dating back to the 14th century.
In the modern era, significant eruptions have occurred in 1947, 1994, 2000, 2005, and ongoing activity since 2013.
The volcano’s eruptions are primarily andesitic to dacitic in composition, characterized by the eruption of viscous lava flows and explosive eruptions producing ash clouds, pyroclastic flows, and lahars (mudflows).
Try this PYQ from CSE Mains 2021
Q. Mention the global occurrence of volcanic eruptions in 2021 and their impact on regional environment.
Under Article 201 of the Indian Constitution, the President gave assent to the ‘Uniform Civil Code Uttarakhand 2024’ Bill passed by the Uttarakhand Legislative Assembly, on March 11 2024.
What is the Uniform Civil Code?
The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
Goa is the only state in India with a UCC, following the Portuguese Civil Code of 1867.
What are the SC Observations?
The Supreme Court has emphasized the importance of Governors promptly acting on Bills sent to them for assent after passage by Legislative Assemblies.
Bills should be returned “as soon as possible” to prevent undue delay, with significant constitutional intent behind this directive.
Governor’s Power over State Bills
[I] Article 200:
Article 200 delineates the process for State Legislative Assembly-passed Bills to be presented to the Governor for assent.
The Governor holds the authority to either assent, withhold assent, or reserve the Bill for consideration by the President.
Additionally, the Governor possesses the prerogative to return the Bill to the House or Houses with a message requesting reconsideration.
[II] Article 201:
Article 201 stipulates the procedures concerning Bills reserved for the President’s consideration.
It allows the President to either assent to or withhold assent from the Bill.
If necessary, the President can direct the Governor to return the Bill to the State Legislature for reconsideration.
Governor’s Discretion
The Governor holds several options upon receiving a Bill:
Granting Assent.
Requesting the Assembly to reconsider specific provisions or the entire Bill.
Obligatory reservation for the President’s consideration, especially in cases posing a threat to the state high court or contravening constitutional provisions, DPSP, national interest, or Article 31A regarding compulsory property acquisition.
Although within the Governor’s authority, withholding assent is seldom practiced due to its contentious nature.
Committee Recommendations:
(1) Sarkaria Commission (1987):
It recommended that Governors exercise discretion in reserving Bills for Presidential consideration only in rare cases of unconstitutionality.
Bills should otherwise be processed as per ministerial advice, with a maximum six-month period for Presidential disposition.
(2) Punchhi Commission (2010):
It proposed a six-month timeframe for Governors to decide on Bills presented for assent, emphasizing timely decision-making.
Try this PYQ from CSE Prelims 2016:
Q.Consider the following statements:
The Chief Secretary in a State is appointed by the Governor of that State.
The Chief Secretary in a State has a fixed tenure.
Which of the statements given above is/are correct?
The Supreme Court halted the Assam government’s attempt to revoke a 26-year-old notification establishing the Pobitora Wildlife Sanctuary, home to a significant rhino population.
What was the reason behind this decision?
The Supreme Court asserted that withdrawing a notification for a wildlife sanctuary required permission from the National Board of Wildlife, and clarified its order does not impede actions to protect forest dwellers’ rights.
About Pobitora Wildlife Sanctuary
Pobitora Wildlife Sanctuary boasts the highest density of one-horned rhinos globally, second only to Kaziranga National Park in Assam. Often dubbed as ‘Mini Kaziranga,’ Pobitora shares a similar landscape and vegetation to its renowned counterpart.
The sanctuary shelters various endangered species, including one-horned rhinoceros, leopards, leopard cats, fishing cats, jungle cats, feral buffaloes, wild pigs, and Chinese pangolins.
Approximately 72% of Pobitora’s area comprises a wet savannah dominated by Arundo donax and Saccharum grasses, while the rest is covered by water bodies.
About One-Horned Rhino:
IUCN Red List Status: Vulnerable.
Habitat– Rhinos are mainly found in Assam, West Bengal and Uttar Pradesh.
Assam has an estimated 2,640 rhinos in four protected areas, i.e. Pabitora Wildlife Reserve, Rajiv Gandhi Orang National Park, Kaziranga National Park, and Manas National Park.
About 2,400 of them are in the Kaziranga National Park and Tiger Reserve (KNPTR).
Prelims Question:
Which wildlife sanctuary boasts the highest density of one-horned rhinos globally, second only to Kaziranga National Park in Assam?
a) Manas National Park
b) Pobitora Wildlife Sanctuary
c) Rajiv Gandhi Orang National Park
d) Jim Corbett National Park
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Mains: 1. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine (2018)
2. What are the two major legal initiatives by state since Independence, addressing discrimination against Scheduled Tribes (ST)? (2017)
3. Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment. (2016)
Prelims: Under the Indian Constitution, the Concentration of Wealth violates (2021) a) the Right to Equality b) the Directive Principles of State Policy c) the Right to Freedom d) the Concept of Welfare
From The Hindu
Note4Students:
Mains: Minority sections of the society and their Empowerment; Judiciary; State government;
Prelims: Fundamental rights; Important judgements by SC; State government;
Mentor comments: Recently, the case of ‘State of Punjab vs Davinder Singh’ revolves around the question of whether State governments can make sub-classifications within Scheduled Castes and Scheduled Tribes for public employment. The Supreme Court is set to deliver a judgment on this matter, addressing the issue of intra-group variances and the power of States to recognize them. We need to analyze this issue as it is sub-classified SC reservations which are leading to legal challenges and subsequent legislative actions.
Let’s learn.
—
Why in the News?
The SC is set to deliver a judgment on whether State governments can make sub-classifications within SCs and STs, addressing the varying levels of development and discrimination within these groups.
Context:
The ongoing case of State of Punjab v Davinder Singh has brought to light the complexities surrounding sub-classification within reserved categories.
The central question revolves around whether a group within a reserved category can be further sub-classified and granted reservations.
Proponentsargue that sub-classification is necessary to ensure adequate representation of the most disadvantaged groups, addressing the issue of backwardness within backwardness.
On the other hand, opponents contend that the existing reservation scheme already ensures adequate representation for historically disadvantaged groups, making sub-classification unnecessary.
JUDICIARY ON SUB-CATEGORIZATION WITHIN RESERVED CATEGORIES:
1) State of Punjab vs Davinder Singh case (1975):
– In 1975, the Government of Punjab issued a circular that reserved 50% of SC seats for Balmikis and Mazhabi Sikhs, leading to legal challenges culminating in the Supreme Court’s involvement.
– The case questions whether sub-classifications are constitutionally permissible within SCs and STs, challenging the notion that these groups are homogenous.
– The debate involves revisiting past judgments like E.V. Chinnaiah vs State of Andhra Pradesh, which prohibited sub-classifications within SCs but recognized such distinctions within Other Backward Classes (OBCs).
2) Indra Sawhney vs Union of India Case (1992):
– The SC cited its judgment which arose out of the Mandal Commission’s report. There, a nine-judge Bench had held that sub-classifications within socially and educationally backward classes (OBCs) for services under the government was permissible.
– The case introduced the concept of the “creamy layer,” excluding affluent sections within backward classes (limited it to not exceed 50%) from reservation benefits.
– The genesis of this debate dates back to 1980 when the Second Backward Classes Committee, chaired by BP Mandal, recommended 27% reservation for OBCs and 22.5% for Scheduled Castes.
3) About E.V. Chinnaiah vs State of Andhra Pradesh Case (2004):
– A five-judge Bench quashed the Andhra Pradesh Scheduled Castes (Rationalization of Reservations) Act, 2000. The Act was challenged before the High Court and later the Supreme Court, which declared it ‘ultra viresthe Constitution’ as it offended Article 341 of the Constitution.
– This provision allows the President of India to notify a list of SCs for each State, and stipulates that the list can only be modified by Parliament.
– The case prohibited sub-classifications within SCs as it was found to violate constitutional provisions but recognized such distinctions within Other Backward Classes (OBCs). It emphasized that SCs and STs are homogeneous groups incapable of further regrouping or classification.
– The Court found that the State government had no power to tinker with the list because it was clear on a bare reading of Article 341 that such authority vested only with Parliament.
What is the difference between a homogenous class and a sub-classification within reserved categories?
A homogenous class refers to a group that is considered uniform or undifferentiated, where all individuals within the group are treated equally.
The Sub-classification within reserved categories involves categorizing a larger group into smaller sub-groups based on specific criteria, allowing for differential treatment or preferences within the overall category.
The distinction lies in how individuals within a larger reserved category are treated – either uniformly as a single homogenous group or with differentiated preferences based on sub-classifications.
What are the arguments for and against sub-classification within reserved categories?
Arguments for Sub-classification:
Ensuring Adequate Representation: Proponents argue that sub-classification is necessary to ensure adequate representation of the most disadvantaged groups within reserved categories.
Tailoring Criteria for Sub-classification: The court needs to tailor criteria for sub-classification to prevent leaving out certain groups while granting benefits to the most backward.
State’s Ability to Identify Backwardness: The states needs to be best positioned to judge the backwardness of communities and should have the authority to create sub-classifications within reserved categories without violating constitutional provisions.
Arguments against Sub-classification:
Presumption of Backwardness: Opponents argue that while there is a presumption of backwardness with Scheduled Castes (SCs), individual castes within SCs cannot be considered separate classes under Article 16(4), suggesting that making laws for specific castes within SC lists could violate Article 16(2).
Violation of Equality Principle: Critics assert that sub-classification would violate the right to equality by treating communities within the category differently, potentially leading to discrimination based on caste, which is prohibited under Article 16(2).
Stigma and Exclusion: Those against sub-classification argue that if certain Scheduled Castes do not receive reservation benefits, they may be left with the stigma of being a Scheduled Caste without access to affirmative action measures, highlighting concerns about exclusion and inequality.
What are the challenges faced by Sub-Classifications within Reserved Categories in India?
Lack of Equal Opportunities: Articles 14 to 16 of the Constitution promises of substantive equality. The absence of sub-classification perpetuates inequality within reserved categories, hinders the framing of appropriate government policies.
Legal and Constitutional Complexities: The states face challenges as they lack legislative competence to create sub-classifications within reserved categories, raising questions about the constitutionality of such measures.
Addressing Backwardness: The issue of “backwardness within backwardness” has been acknowledged, emphasizing the need to address the most disadvantaged communities effectively.
Way Forward
Considering the above challenges, they highlight the complexities and nuances involved in addressing sub-classifications within reserved categories in India. Hence it is necessary to emphasize on careful consideration and legal clarity in policy-making and implementation. The SC’s decision in cases like ‘State of Punjab vs Davinder Singh’ will play a crucial role in shaping affirmative action discourse and addressing issues of social justice within reserved categories
The long-awaited Citizenship Amendment Act (CAA) has been set into motion by the Centre, marking a significant step forward in India’s legislative landscape.
Enacted in December 2019, the CAA aims to provide citizenship to certain migrants from neighboring countries, sparking debates and controversies nationwide.
Making of the CAA, 2019: A Timeline
2002: Initial efforts were made to address the challenges faced by Pakistani Hindus seeking Indian visas and citizenship.
2004: Amendments to Citizenship Rules empowered district magistrates to grant Long Term Visas (LTVs) and citizenship to migrants in border districts.
2010: The Ministry of Home Affairs eased restrictions on LTV extensions for certain categories of Pakistani nationals.
2014: Notification allowed citizenship for select migrant communities, excluding Jains and Parsis.
2018: Government extended LTV eligibility to communities seeking Indian citizenship, offering various benefits.
New Citizenship Law: Eligibility and Required Documentation
Beneficiaries: The CAA primarily benefits Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.
Documentation: Applicants need to provide proof of their country of origin, religion, date of entry into India, and knowledge of an Indian language.
Proof of Country of Origin: Acceptable documents include birth certificates, educational institution certificates, identity documents, licenses, certificates, or any other document issued by Pakistan, Bangladesh, or Afghanistan.
Establishing Date of Entry: Applicants can provide a range of documents such as visas, residential permits, census slips, driving licenses, Aadhaar cards, ration cards, or any letter issued by the government or court to prove their entry date.
Generational Proof: Applicants can also provide documents indicating familial ties to these countries, such as those showing ancestry, expanding the scope of eligibility.
Application Processing Mechanism
[A] Empowered Committees
Role of Empowered Committee: This committee is tasked with overseeing the entire process, from receiving to processing applications. It ensures that all procedures are followed diligently and efficiently.
Membership: The Empowered Committee is headed by a Director (Census Operations) and comprises representatives from various government bodies, including the Subsidiary Intelligence Bureau, the Foreigners’ Regional Registration Office (FRRO), the National Informatics Centre (NIC), and the Postmaster General.
Responsibilities: The committee members are responsible for verifying the authenticity of documents submitted by applicants, conducting background checks, and making final decisions on citizenship applications.
[B] District Level Committees (DLC)
Composition: The DLC consists of the District Informatics Officer or District Informatics Assistant and a nominee of the central government.
Functions: DLCs serve as the initial point of contact for applicants, receiving their submissions and ensuring they are complete and accurate before forwarding them to the Empowered Committee for further processing.
Oversight: While DLCs handle the initial stages of application processing, they operate under the supervision and guidance of the Empowered Committee. This hierarchical structure ensures uniformity and consistency in decision-making across different regions.
[C] Electronic Submission and Processing
Digital Platform: To streamline operations and minimize paperwork, the application process is conducted electronically. Applicants submit their documents and forms through an online portal managed by the government.
Efficiency: Electronic submission allows for faster processing times and reduces the risk of errors associated with manual data entry. It also enables real-time tracking of application status, providing transparency to applicants throughout the process.
Data Security: The government ensures robust cybersecurity measures to protect the sensitive information submitted by applicants. Encryption protocols and secure servers safeguard data integrity and confidentiality.
Conclusion
The implementation of the CAA signifies a significant policy shift aimed at addressing the plight of persecuted minorities in neighbouring countries.
While the rules have sparked debates and opposition, they also represent India’s commitment to humanitarian values and providing refuge to those in need.
As the citizenship application process unfolds, it will be crucial to ensure transparency, fairness, and adherence to legal procedures to uphold the principles of justice and inclusivity.
India, previously categorized as an “electoral autocracy” in 2018, has further declined to become one of the “worst autocratizers,” according to the ‘Democracy Report 2024’ by the Gothenburg-based V-Dem (or Varieties of Democracy) Institute.
Key highlightson India
Deteriorating Status: India, previously downgraded to an electoral autocracy in 2018, has further declined to become “one of the worst autocratizers.”
Historical Comparison: India’s level of “liberal democracy” has regressed significantly, reaching levels last seen in 1975 during the state of emergency declared by Indira Gandhi.
Regime Classification: India falls into the category of electoral autocracy, characterized by multiparty elections alongside insufficient levels of freedom of expression and fair elections.
Erosion of Democratic Freedoms: The report highlights the gradual deterioration of freedom of expression, media independence, and attacks on civil society under the current government.
About the V-Dem Democracy Report
Publication: The V-Dem Institute releases the Democracy Report annually, offering insights into the state of democracy worldwide, focusing on democratization and autocratization.
Regime Classification: Countries are categorized into four regime types based on their scores in the Liberal Democratic Index (LDI), encompassing a spectrum from liberal democracy to closed autocracy.
What is Liberal Democratic Index (LDI)?
Comprehensive Assessment: The LDI evaluates both liberal (individual and minority rights) and electoral aspects (free and fair elections) of democracy.
Indicators: It comprises 71 indicators, encompassing the Liberal Component Index (LCI) and the Electoral Democracy Index (EDI), capturing various dimensions of democratic governance.
LCI: Measures aspects like protection of individual liberties and legislative constraints on the executive.
EDI: Considers indicators ensuring free and fair elections such as freedom of expression and association.
Components of the LDI include:
Egalitarian Component Index: Assesses the extent of equality among different social groups within a democracy.
Participatory Component Index: Evaluates the health of citizen groups and civil society organizations, indicating the degree of citizen engagement.
Deliberative Component Index: Gauges whether political decisions are driven by public reasoning focused on the common good or influenced by emotional appeals, solidarity attachments, or coercion.
Publication Schedule: The Democracy Report is typically published annually in March, presenting a comprehensive analysis of global democratic trends.
Key Findings from the Democracy Report 2024:
Collaborative Effort: The report is a collaborative endeavour involving 4,200 scholars from 180 countries, leveraging 31 million datasets spanning from 1789 to 2023 to assess the democratic status of 202 countries.
Global Trends:
Autocratization: In 2023, 42 countries, representing 35% of the world’s population, were undergoing autocratization.
Population in Autocracies: Currently, 71% of the world’s population, amounting to 5.7 billion people, resides in autocracies, marking a significant increase from 48% a decade ago.
Decline in Democracy: The level of democracy experienced by the average individual globally has regressed to 1985 levels, with Eastern Europe, South, and Central Asia experiencing the sharpest declines.
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