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  • Reservation within Constitutional bounds

    Why in the news?

    There’s a big argument between political parties about reservation. The BJP said some exaggerated things about the Congress wanting a caste census, suggesting it’s connected to religion.

    Current debates on Reservation and Sub-categorization:

    • Constitutional Provisions: The Constituent Assembly opposed reservation solely based on religion, and the Constitution guarantees prohibition of discrimination based on religion under Articles 15 and 16.
    • History of Sub-categorization in Karnataka: In Karnataka, all Muslim communities are included within the OBC quota, forming the basis for the BJP’s current campaign.
      • Sub-categorization for Muslims within the OBC quota has existed in Karnataka since 1995.
      • The H. D. Deve Gowda-led government introduced it but was later removed by the Basavaraj Bommai-led government. However, the status quo continues after court observation.
    • Reservation for Muslim and Christian Communities: Socially and educationally backward Muslim and Christian communities are provided reservations under the OBC/MBC category in various states, including Karnataka, Kerala, Tamil Nadu, and Andhra Pradesh.
    • Constitutional Language and SC/ST Communities: The Constitution specifies that for SCs, the person should profess Hinduism, Sikhism, or Buddhism, but no such requirement exists for STs.
    • Congress Manifesto Promise: The Congress has promised in its manifesto to work towards removing the 50% cap placed on reservations, suggesting a potential shift in reservation policy if they come into power.

    Affirmative action as per Constitution:

    • Constitutional Provisions: Articles 15 and 16 of the Constitution ensure equality to all citizens in actions by the state, including admissions to educational institutions and public employment.
      • They also enable the state to make special provisions for advancing socially and educationally backward classes, including OBC, SC, and ST.
    • Classification of Backward Classes: OBC is a collective term for socially and educationally backward castes, with some states also classifying certain castes as Most Backward Classes (MBC). Reservation percentages vary from state to state.
    • Indra Sawhney Case (1992): Supreme Court upheld 27% reservation for OBC. Caste is considered a determinant of class in the Indian context, and backwardness cannot be determined solely on economic criteria.
      • A cap of 50% was fixed for reservations unless there were exceptional circumstances.
    • Total reservation stood at 49.5% for OBC (27%), SC (15%), and ST (7.5%)—creamy layer exclusion from OBC reservation, with an income limit currently at ₹8 lakhs per annum.
      • Exclusion of children of certain government officials from the reservation.
    • Janhit Abhiyan Case (2022): The court upheld the constitutional validity of the reservation for Economically Weaker Sections (EWS). Economic criteria could be a reservation basis, according to the court’s majority opinion.

    Affirmative Actions Globally:

    • In the U.S., there is ‘affirmative action’ that consists of government-approved and voluntary private programs granting special consideration to racial minorities like African Americans and Latin Americans.
      • In Fair Admissions vs Harvard case (2023), the U.S. Supreme Court, however, ruled that race-based affirmative action programs in college admissions violate the equal protection clause of the U.S. Constitution.
    • In the U.K., the law enables voluntary ‘positive action’ which allows employers to combat the under-representation of disadvantaged groups.
    • France does not have any affirmative action based on race or ethnicity. It provides educational measures designed to increase opportunities for low-income students.

    Way Forward: 

    • Need for Sub-categorization: The Rohini Commission was set up to provide recommendations on sub-categorization among OBC castes, as a significant portion of reserved jobs and seats have been garnered by a small percentage of OBC castes/sub-castes. Similar issues of concentration of benefits persist in the SC and ST categories.
    • Inclusion of Dalit Christians and Muslims: Dalit Christians and Muslims also suffer from discrimination and lack of opportunities. There is a need to extend reservation benefits to these communities and address their marginalization.

    Mains PYQ:

    Q Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.(UPSC IAS/2018)

  • Niti Aayog report finds ‘huge gap’ in cancer screening at Ayushman centres

    Why in the news? 

    Ayushman Bharat insurance scheme reached 5.47 crore users, but cancer screening at Health and Wellness Centers (HWCs) faces significant gaps, reports NITI Aayog.

    Objective of Ayushman Bharat Scheme:

    • Besides providing a Rs 5-lakh insurance cover, the scheme aimed to upgrade primary health centers to HWCs, offering annual screening for Non-Communicable Diseases (NCDs) including oral, breast, and cervical cancers for individuals aged 30 years or older.

    Coverage of Ayushman Bharat Scheme: 

    • Over 5.47 crore users have utilized the Ayushman Bharat insurance scheme, making it the world’s largest medical insurance scheme.

    The ‘huge gap’ in cancer screening at Ayushman Bharat Health and Wellness Centres (HWCs):

    • NITI Aayog Report Findings: A report from NITI Aayog, based on visits to HWCs in 13 states, highlights a significant gap in cancer screening services.
    • Limited NCD Screening: Although NCD screening is underway in most HWCs, yearly screening is largely absent, with less than 10% of facilities completing a single round of NCD screening.

    Reason behind the ‘huge gap’ in cancer screening at Ayushman Bharat Health and Wellness Centres (HWCs):

    • Methods of Screening: Official protocol mandates distinct screening methods for oral, cervical, and breast cancers. However, implementation of these methods faces challenges.
    • Lack of Awareness and Capacities: The gap in cancer screening is attributed to low awareness levels and lack of capacities among healthcare providers.
    •  Implementation fell short: Auxiliary Nurse and Midwife (ANMs), medical officers, and staff nurses were supposed to be trained in cancer screening methods, but implementation fell short.
    • Suboptimal Screening Activities: Screening for breast cancer relies on beneficiary education for self-examination, while cervical cancer screening remains to be operationalized. Oral cancer screening is performed on a case-by-case basis.
    • Infrastructure and Basic Devices: HWCs generally adhere to infrastructure standards, with basic devices and medicines available free-of-cost. However, the focus remains on improving cancer screening services to align with the government’s prevention and early detection efforts.

    Way forward: 

    • Awareness Campaigns: Launch comprehensive awareness campaigns to educate the public about the importance of cancer screening and early detection. This can involve community outreach programs, workshops, and informational sessions.
    • Utilize Technology: Integrate technology solutions such as telemedicine and mobile applications to facilitate easier access to screening services, especially in remote areas. Digital platforms can also aid in data management and monitoring of screening activities.
    • Performance Monitoring: Implement robust monitoring and evaluation mechanisms to track the implementation of cancer screening programs at HWCs.

    Mains PYQ: 

    Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain.

  • Meeting Nutrition challenge: What new guidelines prescribe?

    Why in the news? 

    According to the National Institute of Nutrition (NIN), approximately 56.4% of India’s overall disease burden is linked to poor dietary habits.

    Guidelines by the National Institute of Nutrition (NIN): 

    The NIN, operating under the Indian Council of Medical Research (ICMR), has issued comprehensive guidelines on nutrition for vulnerable groups, including pregnant and lactating women, children, and the elderly.

    • Preventive Measures: A healthy diet coupled with regular physical activity can prevent 80% of Type 2 diabetes cases and significantly reduce the burden of heart disease and high blood pressure.
    • Nutrition for Mother and Child: Proper nutrition from conception to the age of 2 years is crucial for optimal growth and development, preventing undernutrition, micronutrient deficiencies, and obesity in both mothers and children.
    • Suggested general dietary principles: The guidelines recommend getting required nutrients from at least eight food groups, including vegetables, leafy vegetables, roots and tubers, dairy, nuts, and oils.
    • Group-Specific Guidelines:
    1. Pregnant women: Small frequent meals for those experiencing nausea and vomiting. It recommends the consumption of lots of fruit and vegetables, especially those high in iron and folate content.
    2. Infants and children: For the first six months, infants should only be breastfed, and must not be given honey, glucose, or diluted milk. After the age of 6 months, complementary foods must be included.
    3. Elderly: The elderly should consume foods rich in proteins, calcium, micronutrients, and fiber. Apart from pulses and cereals — with at least one-third as whole grains — at least 200-400 ml of low-fat milk or milk products, a fist full of nuts and oilseeds, and 400-500g of vegetables and fruit should be consumed.

    Key concerns as per the National Institute of Nutrition (NIN):

    • Rising Noncommunicable Diseases (NCDs) Among Adolescents and Children: Due to poor dietary habits led to diseases like cardiovascular disease, cancers, and diabetes are increasingly affecting adolescents and even children in India.
    • Focus on Healthy Dietary Habits: The guidelines emphasize the importance of reducing salt intake and avoiding highly processed foods like packaged snacks, cookies, and sugary treats, which are linked to unhealthy diets and disease burden.
    • High Prevalence of Lifestyle Conditions: The Comprehensive National Nutrition Survey 2019 highlights a concerning prevalence of lifestyle-related conditions even among children, including overweight or obesity, diabetes, pre-diabetes, and abnormal cholesterol levels.
    • Cholesterol Levels: The survey indicates high levels of bad cholesterol (LDL and triglycerides) in children aged 5-9 and pre-teens and teens aged 10-19, along with low levels of good cholesterol in a significant portion of children and adolescents.

    Other concerns related to the “Dual nutrition challenge”

    • Incidence of micronutrient (zinc, iron, vitamins) deficiencies ranged from 13% to 30% of children between ages 1 and 19. But still, the prevalence of anemia is at 40.6%, 23.5%, and 28.4% in children under age 5, ages 5-9, and 10-19 respectively.
    • However severe forms of undernutrition such as marasmus (a deficiency of macronutrients such as carbohydrates and proteins) and kwashiorkor (deficiency of proteins) have disappeared from the country.

    Conclusion: Implementing these guidelines effectively can significantly contribute to achieving Sustainable Development Goal (SDG) targets, particularly SDG 2 (Zero Hunger), SDG 3 (Good Health and Well-being), and SDG 12 (Responsible Consumption and Production).

    Mains PYQ: 

    Q How far do you agree with the view that the focus on the lack of availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India? (15M) UPSC 2018

  • Export-Import in the Agricultural sector

    Why in the news? 

    India’s agricultural exports have declined in the fiscal year ended March 31, 2024, on the back of shipment curbs on a host of commodities, from cereals and sugar to onions.

    The Need for a New Export-Import Policy for Agriculture:

    • Decline in Agricultural Exports: India’s agricultural exports fell by 8.2% in the fiscal year ended March 31, 2024, due to shipment curbs on various commodities, including cereals, sugar, and onions. This decline highlights the volatility and vulnerability of agricultural trade.
    • Impact on Export Restrictions: Export restrictions imposed by the government, such as bans on sugar and non-basmati rice exports, have led to a significant decrease in export values.
    • Market Stability: Farmers and agri-traders require policy stability and predictability to make informed decisions. Abrupt changes in export-import policies, such as sudden bans or restrictions, can disrupt trade and adversely affect agricultural businesses.
    • Need for comprehensive framework: Export-import policies should strike a balance between the interests of producers and consumers. While export restrictions may benefit consumers by stabilizing prices, they can result in revenue losses for producers. A more predictable and rules-based policy framework is needed to ensure fairness and transparency.
    • Low tariffs on certain commodities: The current import policy, characterized by low on certain commodities like pulses and edible oils, contradicts the government’s objective of promoting crop diversification.

    Measures that needs to be taken in the present scenario:

    • Long-Term Goals for the Farm Sector: A new export-import policy should align with the long-term goals of the agricultural sector, including sustainable production practices, crop diversification, and increasing farmer incomes.
      • Balancing short-term consumer needs with long-term agricultural sustainability is essential for the sector’s growth and resilience.
    • Rationalizing Export-Import Policy: The government post-election may need to rationalize the export-import policy by introducing measures such as temporary tariffs instead of outright bans or quantitative restrictions.
      • A rational and coherent policy framework will support the growth and competitiveness of India’s agricultural sector in the global market.
    • Higher Import tariffs: It could incentivize domestic production of pulses and oilseeds, reducing dependence on imports and supporting farmers.

    Conclusion: Export-import policies should strike a balance between the interests of producers and consumers. While export restrictions may benefit consumers by stabilizing prices, they can result in revenue losses for producers. A more predictable and rules-based policy framework is needed to ensure fairness and transparency.

    Mains PYQ: 

    Q In the view of the declining average size of land holdings in India which has made agriculture non – viable for a majority of farmers should contract farming and land leasing be promoted in agriculture? critically evaluate the pros and cons.(UPSC IAS/2015)

  • Positive Indian Ocean Dipole (IOD) to aid Monsoon this year

    Why in the News?

    Australian weather agencies predict the possible return of a positive Indian Ocean Dipole (IOD) in the latter half of 2024.

    What is the Indian Ocean Dipole (IOD)?

    • The IOD is also known as the Indian Nino. It is characterized by the differential heating of ocean waters in the eastern and western parts of the basin.
    • Similar to the El Nino Southern Oscillation (ENSO) in the Pacific, the IOD involves phases of ocean temperatures and atmospheric conditions that affect weather patterns across the region and beyond.
    • There are two main phases of the IOD:
      • Positive Phase: In this phase, the western Indian Ocean becomes warmer than average, and the eastern part cooler than average. This results in greater convection and rainfall over the western Indian Ocean and adjacent land areas like East Africa, while reducing rainfall over the eastern Indian Ocean and places like Indonesia and Australia.
      • Negative Phase: The opposite conditions prevail during this phase, with cooler waters in the western Indian Ocean and warmer waters in the east. This leads to increased rainfall in the eastern Indian Ocean regions and drier conditions in the western part and East Africa.

    Back2Basics: El Nino-Southern Oscillation (ENSO)

    • El Nino and La Nina are two opposite phases of the El Nino-Southern Oscillation (ENSO) cycle.
    • ENSO is a naturally occurring phenomenon that involves the interaction between the ocean and atmosphere in the equatorial Pacific.

    Here is a detailed comparison of El Nino and La Nina

    El Nino La Nina
    Definition Warmer-than-normal sea surface temperatures Cooler-than-normal sea surface temperatures
    Frequency Every two to seven years Every two to seven years
    Duration Several months to a year or more Several months to a year or more
    Impact on winds Weakens trade winds, leading to changes in patterns Strengthens trade winds, leading to changes in patterns
    Impact on rains Reduces rainfall and can cause droughts Increases rainfall and can cause flooding
    Impact on temp. Warmer-than-average temperatures Colder-than-average temperatures
    Global effects Droughts in Asia and Africa, floods in Americas Floods in Asia and Africa, droughts in South America

     

    Impact on the Indian Monsoon:

    The Indian Ocean Dipole has significant impacts on the Indian monsoon system:

    1. Positive IOD often coincides with a stronger Southwest Monsoon, bringing more rainfall to India. This is due to the shift in warm water and accompanying convection towards India, which enhances the monsoon rainfall.
    2. Negative IOD can weaken the Southwest Monsoon, resulting in less rainfall and potential drought conditions in India. The shift of warm water away from India reduces the necessary heat and moisture that drive the monsoon rains.

    PYQ:

    [2017] With reference to ‘Indian Ocean Dipole (IOD)’ sometimes mentioned in the news while forecasting Indian monsoon, which of the following statements is/are correct?

    1. IOD phenomenon is characterised by a difference in sea surface temperature between tropical Western Indian Ocean and tropical Eastern Pacific Ocean.

    2. An IOD phenomenon can influence an El Nino’s impact on the monsoon.

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • What is an Interpol Blue Corner Notice?

    Why in the news?

    • Karnataka’s political landscape is rocked by accusations of sexual abuse against a sitting MP belonging to a prominent political family.
    • Following explicit video leaks allegedly implicating him, Interpol has issued a Blue Corner notice, as he remains on the run.

    INTERPOL’s Notice System:

    • The Interpol issues various types of notices to its member countries about individuals who are either missing or wanted.
    • While these notices aren’t legally binding and countries aren’t required to act on them, they are commonly used to arrest and extradite suspects.

    The following entities can request for a notice:

    • Notice request by the Member Country
    • International Criminal Tribunals and the International Criminal Court can also request notices for individuals accused of serious crimes like genocide, war crimes, and crimes against humanity under their jurisdiction.
    • The United Nations can request notices related to enforcing sanctions imposed by the Security Council.

    What are Blue Corner Notice?

    • Purpose: Blue corner notice, also known as an “enquiry notice,” facilitates sharing critical crime-related information, including criminal records verification and locating individuals.
    • Example: In January 2020, Interpol issued a blue corner notice to locate fugitive Nithyananda, a self-styled godman.

    About INTERPOL (International Criminal Police Organization)

    Details
    Overview
    • Established in Vienna, Austria (1923), it enables cross-border police cooperation and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime.
    • An inter-governmental organization comprising 195 member countries,
    • Facilitates better coordination among police forces globally
    Functions
    • Enables member countries to share and access data on crimes and criminals
    • Offers technical and operational support to member countries
    • Manages 19 police databases containing information on crimes and criminals, accessible in real-time
    • Provides investigative support, including forensics, analysis, and assistance in locating fugitives worldwide.
    Working
    • Run by a Secretary General
    • Headquarters located in Lyon, France
    • Global complex for innovation based in Singapore.
    • Several satellite offices in different regions.

    I-24/7 Service: Global Police Communications System that provides a common platform for the member countries’ police organizations to share sensitive and urgent police information.
    India’s Membership
    • Joined in June 1956.
    Functioning in Member Countries
    • Each member country has a National Central Bureau (NCB), serving as the central point of contact for the general secretariat and other NCBs worldwide
    • NCBs are typically managed by police officials and situated in the government ministry responsible for policing (e.g., CBI in India)
    • Interpol’s databases contain various information, from names and fingerprints to stolen passports, accessible in real-time to member countries
    • Provides investigative support to member countries, aiding in forensic analysis and locating fugitives globally.
    Notices Interpol issues seven types of notices:

    1. Red Notice: Seeks the location and provisional arrest of fugitives.
    2. Blue Notice: Requests information about a person’s identity or activities.
    3. Green Notice: Warns about individuals likely to repeat crimes.
    4. Yellow Notice: Aids in locating missing persons.
    5. Black Notice: Seeks information about unidentified bodies.
    6. Orange Notice: Warns of imminent threats to public safety.
    7. Purple Notice: Seeks or provides information on criminal methods.

  • FLiRT Variants: Latest Twist in the COVID-19 Saga

    Why in the news?

    The emergence of new variants KP.2 and KP1.1, known as the FLiRT variants, has raised global concerns.

    • Despite vaccination efforts, these variants pose challenges, leading to concerns about a potential rise in COVID-19 cases.

    What are the FLiRT Variants of COVID-19?

    • KP.2 and KP1.1, dubbed ‘FLiRT’ variants, are descendants of the Omicron JN.1 which spread globally over the winter last year.

    Features and Differences from Other Variants

    • New Spike Mutations: The FLiRT group includes two specific mutations that are believed to enhance the virus’s ability to infect human cells.
    • Transmission and Evasion: Preliminary studies suggest that KP.2, the more prevalent of the two, may possess enhanced capabilities to evade immune responses generated by vaccines and previous infections.

    Are FLiRT Variants Riskier than JN.1?

    • Increased Immune Evasion: Research indicates that KP.2 shows a significant ability to escape immunity from both the latest vaccines and previous infections.
    • Reproduction Number: The reproduction number of KP.2 may be higher than that of JN.1, indicating a potentially greater ability to spread.
    • No definitive evidence: While there’s no definitive evidence that FLiRT variants cause more severe illness, their ability to circumvent immune defences can lead to more infections and, by extension, potential increases in hospitalizations.

    PYQ:

    [2022] In the context of vaccines manufactured to prevent COVID-19 pandemic, consider the following statements:

    1. The Serum Institute of India produced COVID-19 vaccine named Covishield using mRNA platform.
    2. Sputnik V vaccine is manufactured using vector based platform.
    3. COVAXIN is an inactivated pathogen based vaccine.

    Which of the statements given above are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • Artificial Rain through Cloud Seeding

    Why in the news?

    The Uttarakhand government faced scrutiny from the Supreme Court following Forest fires that claimed lives in the state.

    • Justices highlighted the inefficacy of relying solely on cloud-seeding or rain gods to address the crisis.

    Case Study: Experimenting Artificial Rain in India

    • A recent study published in the Bulletin of the American Meteorological Society (BAMS) highlighted the success of a cloud seeding trial in Maharashtra’s Solapur region, which resulted in an 18% increase in rainfall compared to normal patterns.
    • Scientists from the Indian Institute of Tropical Meteorology in Pune and other institutes conducted this study.
    • The experiment targeted warm convective clouds with a height above zero degrees Celsius, releasing calcium chloride particles to stimulate rainfall.
    • Spanning from 2017 to 2019, the experiment analyzed 276 clouds using advanced tools like automatic rain gauges, radars, radiometers, and aircraft.
    • Glaciogenic seeding, attempted in clouds containing both ice and water, did not significantly impact rainfall at the seeding location, according to the study’s findings.

    About Cloud-Seeding

    • Cloud seeding is a weather modification technique aimed at altering precipitation patterns by dispersing substances into clouds to stimulate rainfall or snowfall.
    • It is used to mitigate hail, disperse fog, and either induce precipitation or prevent it from occurring in subsequent days.
    • It involves the dispersal of substances like silver iodide, potassium iodide, dry ice, and hygroscopic materials such as table salt into the atmosphere.
    • Techniques include:
    1. Static seeding: promotes ice particle formation in supercooled clouds, and
    2. Dynamic seeding: enhances convective cloud development through the release of latent heat.
    • Dispersion methods range from aircraft and ground-based generators to newer approaches like drones delivering electric charges or infrared laser pulses.

    Limitations: Impact on Environment and Health

    • Concerns persist regarding the potential accumulation of seeding agents in sensitive ecosystems, although detailed studies have shown negligible impacts.
    • The chemicals used, such as silver iodide, may potentially damage the environment and cause health issues like iodine poisoning in high concentrations

    PYQ:

    [2019] In the context of which of the following do some scientists suggest the use of cirrus cloud thinning technique and the injection of sulphate aerosol into stratosphere?

    (a) Creating the artificial rains in some regions

    (b) Reducing the frequency and intensity of tropical cyclones

    (c) Reducing the adverse effects of solar wind on the Earth

    (d) Reducing the global warming

  • [9 May 2024] The Hindu Op-ed: A chance to settle a Constitutional clash

    Mains PYQ Relevance: 
    Q) Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)
    Q) Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (UPSC IAS/2017)

    Note4Students: 

    Prelims:  Fundamental Right and DPSP;

    Mains: Relation between FR and DPSP;

    Mentor comments: The Constitution expressly makes Fundamental Rights enforceable, while DPSPs are regarded as goals that the state is expected to work towards. The tension between these parts has simmered through India’s history, reaching a boiling point in the 1970s when the Constitution was routinely amended, primarily to make certain kinds of legislation exempt from Judicial Review.

    Let’s learn

    —

    Why in the News?

    The recent case of Property Owners Association vs State of Maharashtra scrutinises two key questions: the meaning of “material resources of the community” in Article 39(b) and whether laws support the “common good”.

    Present Dilemma before the Judiciary:

    • Supreme Court is presently considering a challenge to Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976. This chapter was added in 1986, which allowed the government to acquire “cessed” properties in Mumbai under Article 39(b). 
    • In 1991, the Bombay High Court upheld the amendment, citing Article 31C’s protection for laws related to Article 39(b). 
    • The appeal reached the Supreme Court in 1992, focusing on whether “material resources of the community” in Article 39(b) encompass private resources like cessed properties.
    The conflict between Fundamental Rights (Part III) and Directive Principles of State Policy (DPSP) (Part IV):

    Ongoing Conflict: Despite attempts by the Supreme Court to clarify, the conflict between fundamental rights and DPSP has persisted since the landmark Kesavananda Bharati case in 1973.
    Uneasy Relationship between FR and DPSP: The relationship between fundamental rights and DPSP is described as uneasy, indicating tension between their implementation and interpretation.
    Importance of Property Owners Case: The resolution of this conflict in the Property Owners case is expected to have a significant impact on the future trajectory of constitutional interpretation and governance.
    Clarity in Constitution: Initially, the Constitution seemed clear on the matter, with Article 13 declaring laws violating fundamental rights as void and Article 37 stating that DPSPs are not enforceable by courts but should guide state action.
    Treatment of DPSPs: Despite not being legally enforceable, DPSPs are considered fundamental principles for governance, and the state is obligated to apply them in legislation, as stated in the Constitution.
    Hierarchy of Rights: Early court judgments, such as Chief Justice S.R. Das’s remarks in Mohd. Hanif Quareshi vs State of Bihar (1958), emphasised the importance of implementing DPSPs without infringing upon fundamental rights, highlighting the delicate balance required between the two parts of the Constitution.

    Evolution of  Article 31C:

    • 25th Amendment(1971): The 25th Amendment to the Constitution introduced Article 31C, aimed at placing certain laws beyond Judicial Review, particularly those related to Article 39(b) and (c).
      • This amendment curtailed the Fundamental Right to Property. It provided that any law made to give effect to the Directive principle contained in Article 39(b)or 39(c)  cannot challenged on the grounds of violation of Rights guaranteed under Articles 14,19 and 31, ensuring exemption from judicial scrutiny.
      • This provision had significant implications. For instance, Parliament could nationalise the media under the pretext of securing the common good, without facing challenges related to freedom of expression.
    • Kesavananda Bharati Case (1973): A narrow majority (6:7) found that amendments conflicting with the Constitution’s Basic Structure would be void, partially questioning the validity of the 25th Amendment.
    • Judicial Review Principle: Justice H.R. Khanna’s opinion highlighted that the 25th Amendment limiting examination of laws regarding Article 39(b) and (c) infringed upon the principle of judicial review, although it upheld the exemption from challenges based on Articles 14 and 19.
    • Ambiguity in Kesavananda Verdict: Despite some aspects being found void, the Kesavananda case didn’t provide a clear stance on whether the amendment, regarding exemption from fundamental rights challenges, violated the Constitution’s basic features.

    Changes to Article 31C and subsequent legal Interpretations:

    • 42nd Amendment (1976): The 42nd Amendment expanded the scope of Article 31C to encompass laws made in furtherance of any Directive Principle of State Policy (DPSP), not just Articles 39(b) and (c), granting broader immunity to such laws from judicial review.
    • Minerva Mills Case (1980): In Minerva Mills vs Union of India, the Supreme Court declared the 42nd Amendment unconstitutional.
      • The ruling raised questions about the status of Article 31C. Does it revert to its original form from the 25th Amendment, minus the parts invalidated by Kesavananda Bharati? Or does its validity remain uncertain?
      • Presently, Chief Justice Y.V. Chandrachud emphasized that Fundamental Rights, such as Articles 14, 19, and 21, serve as essential safeguards against unrestricted state power.
    • Waman Rao Case (1981): In Waman Rao vs Union of India, Justice Y.V. Chandrachud, while acknowledging his own opinion in Minerva Mills, upheld the validity of the unamended Article 31C. This judgment contradicts the stance taken in Minerva Mills.

    Validity of Article 31C: 

    • The conflicting interpretations of Article 31C’s validity add complexity to its legal status. While some argue for its reinstatement in its original form, others question its compatibility with fundamental rights.
    • In Property Owners, the Court will assess the validity of a law allowing a State government board to control dilapidated buildings. Even if it aligns with Article 39(b), the question remains whether the law can be challenged under Articles 14 and 19.

    Conclusion: Despite rulings like Waman Rao and Sanjeev Coke vs Bharat Coking Coal, the Supreme Court still needs to conclusively analyze Article 31C’s compatibility with the Constitution’s basic structure. Property Owner’s case offers a chance for resolution.

  • The Socio-ecological effects of LPG price hikes

    Why in the News? 

    The ACCESS survey (2014-2015), conducted by the Council on Energy, Environment and Water, found LPG’s cost to be the foremost barrier to its adoption and continued use in rural poor households.

    Government Initiatives for LPG Fuel:

    • Government Initiatives: The Indian government has promoted using LPG (liquefied petroleum gas) as a clean cooking fuel, particularly in rural households.
      • These initiatives include the Rajiv Gandhi Gramin LPG Vitrak scheme, the ‘PAHAL’ scheme for direct benefit transfers, and the Pradhan Mantri Ujjwala Yojana (PMUY) aimed at providing LPG connections to below-poverty-line households.
    • Subsidies and Incentives: The government has provided subsidies and incentives to encourage the adoption of LPG without subsidies for the people who can afford it.
      • For example, the ‘Give it Up’ program encouraged consumers to voluntarily surrender their LPG subsidies, which were transferred to below-poverty-line households.

    Challenges:

    • Affordability: Despite government efforts, the affordability of LPG remains a challenge for many households, especially those in rural and below-poverty-line communities. Reports indicate that LPG prices in India were among the highest globally around ₹300/litre.
    • Dependency on Traditional Fuels: Studies, such as the one conducted in the Jalpaiguri district of West Bengal, highlight the continued dependency of local communities on traditional fuelwood for cooking.
    • Forest Dependency: The persistent use of fuelwood has implications for forest conservation and livelihoods, particularly in regions with degraded forests like Jalpaiguri.

    Way Forward: 

    • Need for Comprehensive Solutions: While government initiatives have aimed to promote LPG use, addressing affordability issues and ensuring access to clean cooking fuels for marginalized communities require comprehensive solutions.
    • Targeted Subsidies: Implement targeted subsidies for LPG cylinders to make them more affordable for rural and below-poverty-line communities. These subsidies can be based on income levels or geographic locations to ensure that those most in need receive assistance.

    Mains PYQ: 

    Q In what way could replacement of price subsidy with direct benefit Transfer (DBT) change the scenario of subsidies in India? Discuss.(UPSC IAS/2015)

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