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Subject: Polity

  • Definition of ‘Tribe’ in India

    Why in the News?  

    At the recent Indian Anthropology Congress officials from the Anthropological Survey of India (AnSI) and National Commission for Scheduled Tribes (NCST) called for a shift in defining tribes.

    Instead of a rigid binary classification—tribe or not—they advocate for a “spectrum of tribalness”.

    About Scheduled Tribes (STs)

    • STs are defined under Article 366(25) of the Indian Constitution as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.
    • Under Article 342, the President notifies STs for each State/UT after consultation with the Governor, and modifications can only be made by Parliament through legislation.
    • Currently, 705 STs are notified across 30 States/UTs, comprising 8.6% of India’s population (2011 Census).
    • They are mainly concentrated in Central India (Madhya Pradesh, Chhattisgarh, Jharkhand, etc.) and the North-East.

    Existing Criteria for ST Classification (Lokur Committee, 1965)

    • The Lokur Committee (1965) laid down 5 key criteria for classifying STs:
    1. Primitive Traits
    2. Distinctive Culture
    3. Geographical Isolation
    4. Shyness of Contact with the Community at Large
    5. Backwardness
    • Criticisms of Existing Criteria:
      • Termed obsolete, condescending, and colonial by scholars.
      • Many communities today do not fully meet all criteria.
      • Fails to reflect regional diversity, historical coexistence, and social changes.
      • Overly dependent on a binary view of ‘tribe’ vs. ‘non-tribe’, leading to inclusion-exclusion conflicts (e.g., Meitei ST demand in Manipur).

    Proposal for a ‘Spectrum of Tribalness’

    Recent academic and policy discussions (e.g., at the Indian Anthropology Congress) advocate for a paradigm shift:

    • Replace binary classification with a “spectrum of tribalness” or matrix of indicators.
    • Use a broader set of 100-150 indicators, including:
      • Marriage, kinship systems, language, rituals, governance structures, cultural materiality (e.g., headgear, weaponry) etc.
    • Assign weightage to each indicator to determine the degree of tribalness.

    PYQ:

    [2024] Consider the following statements:

    1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe.

    2. A community declared as a Scheduled Tribe in a State need not be so in another State.

    Which of the statements given above is/are correct?

    (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

     

  • India’s choice between progress and parochialism

    Why in the News?

    India faces a challenge in advancing global technology and promoting cultural nationalism.

    What are the key contradictions between India’s linguistic policies and its ambitions for global technological leadership?

    • Promotion of Global Tech Leadership vs. Linguistic Nationalism: While the government advocates for technological innovation and global collaboration (e.g., PM Modi’s co-chairing of the AI Action Summit in Paris), cultural nationalist groups like the RSS push to reject English and promote indigenous languages. Example: Maharashtra’s mandate to prioritize Marathi in government offices conflicts with the need for English proficiency in global tech and business environments.
    • Dual Education System: Private schools emphasize English, preparing students for global opportunities, while most government schools focus on regional languages, limiting access to global knowledge. Example: Elite private-school graduates secure jobs in multinational tech firms, while students from regional-language schools face barriers in competitive industries like AI and software development.
    • Language as Identity vs. Economic Pragmatism: While India debates language as a cultural marker, other countries treat English as a tool for economic advancement. Example: China and South Korea prioritize English proficiency to foster technological growth, whereas India’s linguistic nationalism hampers similar progress.
    • Global Collaboration vs. Linguistic Isolation: Success in emerging fields like AI requires collaboration in English-led international forums, but domestic policies discourage its widespread adoption. Example: Israel mandates English alongside STEM education, enabling global research participation, while India’s restrictive policies hinder such integration.
    • Access to AI and Digital Technologies: AI technologies are predominantly developed and documented in English, yet linguistic policies limit access for a majority of Indians. Example: Indian startups working on AI and machine learning struggle to scale globally due to the language barrier affecting workforce readiness.

    Why is English proficiency considered crucial for India’s future workforce in the AI-driven economy?

    • Access to Global Knowledge and Innovation: Most research papers, technical documentation, and AI frameworks are published in English. Without proficiency, Indian professionals face barriers to understanding and applying the latest advancements. Example: Cutting-edge AI models like GPT and TensorFlow are primarily documented in English, making it essential for developers to engage with and innovate using these tools.
    • Enhanced Employment Opportunities: English is the dominant language in multinational companies and global tech ecosystems. Proficiency opens doors to better-paying jobs and international collaborations. Example: Indian engineers fluent in English are preferred by global tech giants like Google, Microsoft, and Meta for roles in AI development and data science.
    • Participation in Global AI Governance and Policy: As AI evolves, international regulatory frameworks and ethical discussions are conducted in English. Without linguistic competence, India risks being sidelined in shaping global AI norms. Example: India’s ability to contribute to forums like the Global Partnership on AI (GPAI) depends on having experts who can engage in technical and policy dialogues in English.

    Which regions in India demonstrate better educational and economic outcomes due to their multilingual approach?

    • Southern States (Kerala, Karnataka, Tamil Nadu): These states follow a three-language policy (regional language, Hindi, and English) in schools, ensuring proficiency in English while preserving local identity. Example: Bengaluru in Karnataka is a leading global technology hub, attracting investments in AI and IT due to a highly skilled, multilingual workforce.
    • Western States (Maharashtra, Gujarat): Urban areas in these states emphasize English-medium education alongside regional languages, enabling access to both domestic and international job markets. Example: Mumbai’s multilingual workforce supports thriving sectors like finance, media, and global trade, making it India’s economic powerhouse.
    • Union Territories (Delhi, Chandigarh): The education system here integrates English, Hindi, and local languages, fostering linguistic adaptability and attracting businesses requiring bilingual professionals. Example: Delhi’s multilingual policies contribute to its prominence in sectors like legal services, information technology, and international commerce.

    Way forward: 

    • Balanced Language Policy: Implement a multilingual education framework that promotes regional languages while ensuring universal access to English from an early age to enhance global competitiveness.
    • Inclusive Digital Ecosystem: Invest in translating AI resources and technical content into regional languages while encouraging English proficiency to bridge the linguistic divide in emerging technologies.

    Mains PYQ:

    Q Is diversity and pluralism in India under threat due to globalisation? Justify your answer.” (2019) 

  • The Indian university and the search for a V-C 

    Why in the News?

    Various groups have raised concerns about the Draft UGC Regulations, 2025, which outline qualifications for appointing and promoting university teachers and aim to maintain standards in higher education.

    What are the primary reservations expressed regarding the Draft UGC Regulations, 2025?

    • Reduced Role of State Executives in V-C Appointments: The draft regulations limit the State government’s involvement in the search-cum-selection process, despite State universities being funded and established by State legislatures. Example: In the Gambhirdan K. Gadhvi vs State of Gujarat (2019) case, the Supreme Court ruled that State executive members cannot be part of the V-C selection committee, reducing their influence.
    • Broadening of Eligibility Criteria for Vice-Chancellors: Expanding the eligibility to include individuals from public policy, government, and private sectors may dilute academic rigor and expertise. Example: Between 2010 and 2018, the UGC regulations required 10 years of professorship or equivalent academic experience, ensuring a focus on research-based qualifications.

    Why has the Supreme Court of India ruled against the involvement of the State executive in the selection process of Vice-Chancellors?

    • Ensuring Compliance with UGC Regulations: The Court upheld the UGC’s 2018 regulations, which specify that only a UGC representative, not a State executive member, should be included in the search-cum-selection committee. Example: In Professor (Dr.) Sreejith P.S vs Dr. Rajasree M.S. (2022), the Court invalidated the V-C’s appointment because the selection process did not follow UGC norms.
    • Preventing Arbitrary Appointments: The Court held that allowing State executives to influence the selection process could lead to biased or politically motivated appointments, compromising merit-based selection. Example: In Dr. Premachandran Keezhoth vs The Chancellor, Kannur University (2023), the Court declared the V-C appointment void due to the involvement of the State executive, reinforcing the need for an independent selection process.
    • Preserving Autonomy and Neutrality: The Court emphasized that the Vice-Chancellor’s appointment process should be free from political or administrative influence to maintain the academic institution’s autonomy and impartiality. Example: In Gambhirdan K. Gadhvi vs State of Gujarat (2019), the Court ruled that State executive members cannot be part of the selection committee to prevent undue influence.

    Who are the key stakeholders affected by the proposed changes in the search-cum-selection process?

    • State Governments and State Universities: The reduced role of State executives limits their ability to shape the leadership of State-funded universities, affecting regional educational priorities and innovation. Example: State governments argue that universities play a critical role in addressing local development needs, which may be overlooked if the selection process is centralized.
    • University Governance Bodies: University executive bodies lose direct influence over the V-C selection, reducing their ability to align leadership with institutional goals and academic vision. Example: Central University statutes follow a similar model where the Chancellor, UGC, and university bodies are key decision-makers, excluding executive government officials.
    • Academic and Non-Academic Professionals: The broadened eligibility criteria open leadership positions to individuals from non-academic backgrounds, changing the traditional focus on academic excellence. Example: The draft regulations allow candidates with experience in public policy or industry, which some argue may dilute the focus on academic scholarship.

    Which options should be suggested to balance the State executive’s concerns? (Way forward)

    • State Nominee with Specific Criteria: Permit the State executive to nominate one member to the search-cum-selection committee, provided the nominee is a distinguished academic with no active government role. Example: Similar to the Union Public Service Commission (UPSC) guidelines, the nominee could be a retired academic leader who is free from political affiliations.
    • Increased Consultation Mechanism: Introduce a pre-selection consultation phase where the State executive provides inputs on regional needs without directly influencing the final selection. Example: The university executive could hold formal discussions with the State to ensure the selected V-C aligns with local educational and developmental goals.

    Mains PYQ:

    Q The quality of higher education in India requires major improvement to make it internationally competitive. Do you think that the entry of foreign educational institutions would help improve the quality of technical and higher education in the country. Discuss.  (UPSC IAS/2015)

  • Preventive Detention is a ‘Draconian’ measure: SC

    Why in the News?

    The Supreme Court recently ruled against the Preventive Detention of a couple in Nagaland, emphasizing that constitutional safeguards must be strictly followed, and preventive detention cannot override fundamental rights.

    Court’s Key Observations: Preventive Detention as a ‘Draconian Measure’

    • Violation of Rights: The court ruled that depriving individuals of liberty without trial requires strict adherence to legal safeguards.
    • Lack of Justification: Authorities failed to prove that the detainees posed a credible future threat, rendering the detention unjustified.
    • Language Barrier: Detention orders were in English, a language the detainees did not understand, violating their right to be informed in an accessible manner.

    What is Preventive Detention?

    • Preventive detention is the detention of an individual without trial to prevent them from engaging in activities that may threaten national security, public order, or foreign relations.
    • Unlike punitive detention, it aims to prevent future crimes rather than punish past offenses.
    • Under Article 22 of the Constitution, preventive detention is allowed but with safeguards:
      • Time Limit: Maximum three months, extendable only if an Advisory Board (comprising High Court judges) approves.
      • Rights of the Detainee: Must be informed of reasons for detention (unless against public interest) and given the right to challenge it.
      • Judicial Review: Courts can strike down unjustified detentions.
    • Major Preventive Detention Laws:
      • Public Safety Act (PSA), 1978: Used in J&K; detention up to two years.
      • National Security Act (NSA), 1980: Up to one year for threats to national security.
      • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act), 1988: For drug trafficking cases.
      • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974: For economic offenses & smuggling.

    Supreme Court’s Landmark Rulings

    • Ameena Begum Case (2023): Preventive detention is an exception, not a routine measure.
    • Ankul Chandra Pradhan Case (1997): It aims to prevent threats, not punish individuals.
    • Harikisan vs Maharashtra (1962): Detention orders must be in a language the detainee understands.
    • Gold Smuggling Case (2024): Authorities must consider bail conditions before imposing detention.

    PYQ:

    [2021] With reference to India, consider the following statements:

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

     

  • [10th March 2025] The Hindu Op-ed: Closing the gender gap in the higher judiciary

    PYQ Relevance:

    Q)  Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC CSE 2021)

     

    Mentor’s Comment: UPSC mains have always focused on the women in the higher judiciary (2021), and appointment of judges of higher judiciary (2017).

    Women in law have made significant progress in India over the past 100 years. Cornelia Sorabji became the first woman lawyer to practice in 1924. Since then, the number of women lawyers has increased, with many becoming Senior Advocates and judges in lower courts. However, their representation in the higher judiciary remains very low.

    Today’s editorial highlights the reasons for the low representation of women in the Indian judiciary. This content is useful for GS Papers 1 and 2 in the UPSC Mains exam.

    _

    Let’s learn!

    Why in the News?

    The gender gap in India’s judiciary is evident in the low representation of women, especially in higher courts.

    What is the status of women in the Indian Judiciary? 

    • Supreme Court: Women make up about 9.3% of judges in the Supreme Court, with only a few women judges currently serving.
    • High Courts: As of August 2024, women constitute about 14% of High Court judges, with only 106 women judges out of a total of 754 judges across all High Courts. There are only two women Chief Justices among all High Courts.
    • Subordinate Judiciary: Women have a higher representation in subordinate courts, constituting about 36.3% of judges as of recent data.

    What are the main reasons for the underrepresentation of women in the higher judiciary in India?

    • Systemic Gender Bias and Stereotypes: Women are often viewed as less capable of handling complex legal matters or leadership roles. Example: Justice Indira Banerjee, a former Supreme Court judge, highlighted how women must work harder to prove their competence compared to male counterparts.
    • Opaque Collegium System: The collegium lacks transparency in the selection process and does not prioritize gender diversity. Example: Since 2021, 28 judges have been appointed to the Supreme Court, but none of them have been women.
    • Limited Senior Women Advocates: Fewer women reach the level of Senior Advocate, which reduces the pool of candidates for higher judicial positions. Example: Only one woman, Justice Indu Malhotra, has been elevated directly from the Bar to the Supreme Court in its history.
    • Delayed Appointments and Age Disparity: Women are appointed to the Bench later than men, limiting their tenure and chances of becoming Chief Justices. Example: The average appointment age for women is 53 years, while for men, it is 51.8 years.
    • Government’s Selective Confirmation: Women’s names recommended by the collegium are more likely to be delayed or rejected by the government. Example: Since 2020, nine women were recommended for High Court appointments, but five of these names were rejected.

    What are the steps taken by the Indian government?

    • Reservation for Women in Lower Judiciary: Several states like Bihar, Rajasthan, and Andhra Pradesh have introduced 30-35% reservations for women in the lower judiciary to encourage female participation at the entry level. Example: Bihar introduced a 35% reservation for women in judicial services to increase their representation.
    • Promotion of Gender Sensitization: The government supports initiatives to train judges and judicial staff on gender sensitivity and equality. Example: The National Judicial Academy conducts gender sensitization workshops for judicial officers.
    • Encouragement of Collegium Recommendations: The government has urged the collegium to consider gender diversity when recommending names for judicial appointments. Example: The Law Minister has emphasized the need for more women judges in parliamentary discussions.
    • Increased Representation in Policy Discussions: The government includes women’s voices in law commissions and judicial reform committees. Example: Justice R. Banumathi was part of the committee on criminal law reforms focusing on gender issues.

    How can the collegium system be reformed to ensure greater transparency and gender diversity in judicial appointments? 

    • Establish Clear and Transparent Selection Criteria: Implement publicly available guidelines specifying the qualifications, experience, and evaluation methods for judicial appointments. Example: The United Kingdom’s Judicial Appointments Commission uses clear, published criteria to promote transparency and diversity in judicial selection.
    • Mandate Gender Representation in Recommendations: Introduce a formal quota or commitment to ensuring that at least one-third of the recommended candidates are women. Example: Countries like Canada follow a diversity mandate to ensure that judicial appointments reflect gender and ethnic representation.
    • Open Application Process for Judicial Aspirants: Allow eligible lawyers to apply for judgeship through a transparent process rather than relying solely on collegium nominations. Example: South Africa invites applications publicly and conducts open interviews, ensuring broader participation, including women candidates.

    Way forward: 

    • Institutionalize Gender Diversity in Judicial Appointments: Implement a binding policy requiring the collegium to prioritize gender diversity, ensuring a minimum percentage of women in judicial recommendations. This can be reinforced by periodic audits and public reports on gender representation.
    • Mentorship and Capacity Building for Women Lawyers: Establish structured mentorship programs to support women lawyers in advancing to senior positions and encourage their participation in judicial roles. This should include targeted training for leadership and judicial skills to expand the pool of qualified women candidates.
  • Suspension of MLAs

    Why in the News?

    An MLA was suspended from the Maharashtra Assembly for praising and justifying the actions of Mughal emperor Aurangzeb. This incident has sparked a debate on the rules and constitutional provisions governing the suspension of MLAs in India.

    What is the Suspension of MLAs?

    • Suspension of MLAs is a disciplinary measure imposed by the Speaker to maintain order and decorum in the House.
    • It is used when members engage in unruly behavior, disrupt proceedings, or violate parliamentary rules.
    • Duration can range from a single day to the remainder of the session.

    Rules Governing Suspension of MLAs:

    Rule 53 of Maharashtra Assembly
    • The Speaker can order a member to withdraw for grossly disorderly conduct.
    • If repeated, they can be suspended for the remainder of the session.
    “Rules of Procedure and Conduct of Business” in Lok Sabha
    • Template for most state assemblies allows suspension for obstructing House business.
    • Suspension should not exceed the session.
    Maharashtra’s Suspension Practices vs Other States Maharashtra has no upper limit on suspension duration, unlike states like Odisha where it is capped at 7 days.
    Article 212 (1) [Protection of Legislative Proceedings]
    • Prevents courts from questioning legislative proceedings on procedural grounds.
    • Used to argue that courts have no jurisdiction over suspensions.
    Article 194 [Powers and Privileges of the Legislature] Grants legislative bodies the power to maintain order and discipline. Justifies suspensions beyond Rule 53.
    Article 190 (4) [Absence from Legislative Proceedings]
    • If an MLA is absent for more than 60 days without permission, their seat can be declared vacant.
    • Prolonged suspensions violate this provision.
    Representation of the People Act, 1951 – Section 151 (A) Mandates a by-election within six months if a seat becomes vacant. Supreme Court argues that suspensions beyond six months deprive constituencies of representation.

    Supreme Court Rulings on Suspension:

    (a) 2022 Supreme Court Ruling on Maharashtra BJP MLAs

    • In 2021, 12 BJP MLAs were suspended for one year for disrupting proceedings.
    • Judgment:
      • Suspensions beyond six months are unconstitutional.
      • Prolonged suspensions deprive voters of representation.
      • Governments could misuse suspensions to weaken the opposition.
      • The Speaker’s discretion is subject to constitutional limits.

    (b) Jambuwantrao Dhote Case (1964): Only Maharashtra MLA expelled for throwing a paperweight at the Speaker during Vasantrao Naik’s Government.

    PYQ:

    [2019] With reference to the Legislative Assembly of a State in India, consider the following statements:

    1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

    2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

  • [3rd March 2025] The Hindu Op-ed: The student and the three language debate

    PYQ Relevance:

    Q) Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC CSE 2021)

     

    Mentor’s Comment: UPSC mains have always focused on the main objectives of Population Education (2021) and National Education Policy 2020 (2020).

    The main focus of this debate should be the public school students—they make up 55% of school enrolment in Tamil Nadu. Unlike children in private schools, who often get extra coaching or tuition, public school students cannot afford such support. The key question is: Does learning three languages instead of two really help public school students compete with wealthier peers in the job market and become productive citizens?

    Today’s editorial discusses the introduction of a third language in academics and its potential impact. This topic is relevant for GS Papers 1 and 2 in the UPSC Mains examination.

    _

    Let’s learn!

    Why in the News?

    Forcing students to learn a third language has no academic benefit and may create a generation unable to compete at the national level.

    What is the Three-Language Formula?

    • The third language typically refers to an additional language that students learn in school beyond their mother tongue (first language) and English (second language).
    • In India, the Three-Language Formula was introduced under the National Education Policy (NEP) to promote multilingualism and national integration.

    Does learning three languages instead of two really help public school students compete with wealthier peers in the job market and become productive citizens?

    • Limited Practical Advantage: Learning a third language may not directly improve job prospects if core skills like English proficiency and technical knowledge are weak. Example: In national-level exams like UPSC or banking tests, fluency in English is more valuable than knowing a third language like Hindi.
    • Unequal Access to Resources: Public school students often lack access to quality teaching and extra coaching for a third language, unlike wealthier peers in private schools.
      Example: A private school student can afford Hindi tuition, while a public school student relying only on classroom instruction may fall behind.
    • Diverts Focus from Essential Skills: Adding a third language may reduce time spent on improving critical subjects like math, science, and literacy, which are key for future employment.
      Example: According to ASER 2024, 88% of Class 3 students in Tamil Nadu lack basic literacy—introducing a third language could widen this gap.

    What is the primary concern regarding the three-language formula for public school students in Tamil Nadu?

    • Increased Educational Burden: Public school students, who lack access to private coaching, face added pressure from learning a third language. Example: A child from a rural public school struggling with basic literacy in Tamil and English may find learning Hindi an additional challenge, reducing focus on core subjects.
    • Inequality in Educational Access: Privileged students from private schools can afford supplemental learning (e.g., tuition), while public school students cannot. Example: A private school student can attend Hindi tuition, but a public school student relying solely on classroom instruction may fall behind.
    • Poor Educational Infrastructure: Public schools lack qualified teachers to effectively teach a third language, which may lower educational quality. Example: Despite Tamil Nadu’s high education budget, 80-90% is spent on teacher salaries, leaving minimal funds for hiring new Hindi teachers or improving resources.
    • Impact on Learning Outcomes: Introducing a third language diverts time from improving essential skills like literacy and numeracy, especially when foundational learning is weak. Example: According to ASER 2024, 88% of Class 3 students in Tamil Nadu lack basic literacy skills—adding a third language may further dilute learning time.
    • Reduced National Competitiveness: Without strong English proficiency, public school students may struggle in national-level exams and job markets where English is dominant. Example: Tamil Nadu students competing for central services exams (UPSC) or jobs requiring English proficiency may be at a disadvantage if the focus shifts to Hindi instead of improving English skills.

    Could learning a third language fail to improve cognitive abilities? 

    Arguments in favour: 

    • Cognitive Overload: Introducing a third language can overwhelm students, especially when basic literacy in the first and second languages is weak. Example: Public school students struggling with Tamil and English may face cognitive strain, reducing their ability to master essential subjects.
    • Weak Foundation in Mother Tongue: Research suggests that proficiency in the mother tongue is crucial for cognitive development before introducing additional languages. Example: A child who lacks fluency in Tamil may struggle to grasp complex concepts in Hindi, leading to weaker overall comprehension.
    • Limited Evidence of Cognitive Gains: While bilingualism enhances cognitive skills, there is no conclusive evidence that learning a third language improves cognitive abilities proportionately. Example: Studies show that depth of understanding in one or two languages is more beneficial than surface-level knowledge of multiple languages.

    Arguments against: 

    • Cognitive Overload: Introducing a third language can overwhelm students, especially when basic literacy in the first and second languages is weak. Example: Public school students struggling with Tamil and English may face cognitive strain, reducing their ability to master essential subjects.
    • Weak Foundation in Mother Tongue: Research suggests that proficiency in the mother tongue is crucial for cognitive development before introducing additional languages. Example: A child who lacks fluency in Tamil may struggle to grasp complex concepts in Hindi, leading to weaker overall comprehension.
    • Limited Evidence of Cognitive Gains: While bilingualism enhances cognitive skills, there is no conclusive evidence that learning a third language improves cognitive abilities proportionately. Example: Studies show that depth of understanding in one or two languages is more beneficial than surface-level knowledge of multiple languages.

    How can child development be balanced with political concerns about language education?

    • Optional Third Language Policy: Offer the third language as an optional subject rather than making it mandatory, allowing students to choose based on their interests and future needs. Example: Tamil Nadu could introduce Hindi as an optional third language from middle school, especially in urban areas where demand is higher.
    • Focus on Core Language Proficiency: Prioritize strong literacy in the mother tongue and English to ensure foundational learning before adding an additional language. Example: Strengthening Tamil and English instruction in public schools will help students succeed in national-level competitive exams.
    • Context-Sensitive Implementation: Implement language policies that reflect local realities and employment trends without compromising cultural identity. Example: In Tamil Nadu, where most job opportunities are available locally, bilingual education (Tamil and English) may be more practical than adding a third language.
    • Equity in Language Resources: Ensure adequate teacher training and educational materials for any third language to avoid disadvantaging public school students. Example: Hiring qualified Hindi teachers and providing multilingual textbooks can ensure that students receive quality education if they choose a third language.
    • Flexible Language Learning Pathways: Allow regional flexibility in adopting the three-language formula, adapting to the socio-political landscape while prioritizing student welfare. Example: Tamil Nadu could adopt a phased approach, starting with voluntary third-language instruction in district headquarters and expanding based on demand.

    Way forward: 

    • Strengthen Bilingual Education First: Focus on improving Tamil and English proficiency in public schools to ensure students develop strong foundational skills before introducing a third language.
    • Flexible and Inclusive Language Policy: Implement a voluntary third-language framework, allowing students the choice to learn an additional language based on regional needs and career aspirations.
  • Article 136 of the Indian Constitution

    Why in the News?

    Vice President Jagdeep Dhankhar recently raised concerns over the wide usage of Special Leave Petitions (SLPs) under Article 136 of the Indian Constitution, stating that what was meant to be a “narrow slit” has now turned into a wide judicial intervention.

    What is a Special Leave Petition (SLP) under Article 136?

    • A SLP is an extraordinary appeal mechanism that allows the Supreme Court (SC) to intervene in any judgment, decree, or order passed by a lower court or tribunal, except in matters related to the Armed Forces Tribunal.
    • SLP is discretionary, meaning the SC is NOT obligated to hear every petition filed under Article 136.
    • The concept of SLP originates from the Government of India Act, 1935, which gave a similar power to the Privy Council in colonial times.

    Key Features of SLP:

    • Jurisdiction of Article 136:
      • The SC has the power to grant special leave to appeal against judgments of High Courts, tribunals, or other judicial bodies.
      • This allows the SC to examine cases that may not have a direct appeal provision under law.
    • Scope of Application:
      • SLPs can be filed in both civil and criminal cases.
      • It can be used even in cases where a High Court refuses to grant a certificate of appeal to the Supreme Court.
      • The SC may accept or reject an SLP without providing reasons.
    • Time Limit for Filing:
      • 90 days from the date of the High Court’s judgment.
      • 60 days if the High Court refuses to certify an appeal.
    • Judicial Discretion:
      • SLP is not an automatic right of appeal but is granted only in cases where the SC finds that a substantial question of law or injustice is involved.
      • Even if an SLP is accepted, the SC may later decline to interfere in the final decision.
    • Conversion into a Formal Appeal: If the SC grants leave under an SLP, the case turns into a full-fledged appeal, allowing both parties to present their arguments.

    PYQ:

    [2021] With reference to the Indian judiciary, consider the following statements:

    1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
    2. A High Court in India has the power to review its own judgement as the Supreme Court does.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither I nor 2

     

  • Counting matters: On delimitation, federalism, the Census

    Why in the News?

    Tamil Nadu Chief Minister M.K. Stalin has called for an all-party meeting on March 5 to discuss the delimitation exercise, aiming to start a national discussion on the issue.

    What is the primary concern of Tamil Nadu regarding the delimitation exercise?

    • Loss of Parliamentary Representation: Tamil Nadu fears that if delimitation is based solely on population size, it may lose Lok Sabha seats due to its lower population growth compared to northern States. For instance, while Tamil Nadu’s electorate grew by 171% (1971-2024), undivided Bihar’s grew by 233%, which could lead to a reduction in Tamil Nadu’s political influence.
    • Penalty for Population Control Success: Tamil Nadu is concerned that its effective population control measures will be penalized. States with higher fertility rates (e.g., Uttar Pradesh, Bihar) might gain seats, while those with lower growth like Tamil Nadu and Kerala could lose out, despite their better health and development indicators.

    What are the potential impacts of the delimitation exercise?

    • Shift in Political Power Dynamics: Delimitation could increase the number of representatives from northern States with higher populations (e.g., Uttar Pradesh and Bihar), thereby shifting political influence away from southern and western States that have implemented effective population control measures.
    • Federal Imbalance and Regional Inequality: Southern states that perform better in terms of health, education, and population control may feel penalized. For example, Kerala’s successful population policies could lead to fewer seats despite its contributions to national development, undermining the principle of cooperative federalism.
    • Resource Allocation Disparities: More seats for northern States could lead to greater influence over Union Budget allocations and central schemes, potentially reducing the share of resources to States with fewer representatives like Karnataka and Andhra Pradesh.
    • Political Tensions and Regional Discontent: Perceived favoritism towards northern States could increase regional tensions. For example, Tamil Nadu’s call for an all-party meeting reflects concerns that their voices will be marginalized, which may fuel political agitation and demands for policy reassessment.

    Why was the delimitation exercise frozen based on the 1971 Census?

    • To Ensure Fairness Among States with Varying Population Growth: This aimed to protect the political representation of States that successfully implemented population control policies.
      • Example: Southern States like Tamil Nadu and Kerala have lower population growth but would lose seats if delimitation were updated, while Uttar Pradesh and Bihar would gain due to their higher population increases.
    • To Maintain the Balance of Power in Federal Governance: The freeze ensured that the distribution of parliamentary seats did not disrupt the federal structure by over-representing certain regions. This preserved a geographical balance in national decision-making.
      • Example: Despite Tamil Nadu’s slower population growth, its 39 Lok Sabha seats remain unchanged since 1971, allowing it to maintain a significant voice in national policies.

    What steps has the Union government taken to clarify its position on maintaining proportional representation for Southern States?

    • Delimitation Freeze Extension: The government extended the freeze on parliamentary seat allocation based on population through the 42nd Amendment (1976) until 2001, and later extended it to 2026 through the 84th Amendment (2001).
    • Equitable Resource Allocation: The 15th Finance Commission (2021-26) used a balanced approach by including both population (2011 Census) and demographic performance to ensure fair distribution of resources, addressing concerns of Southern states.
      • Example: The Commission allocated 12.5% weightage for demographic performance, rewarding states with better population control.
    • Consultative Processes: The Union government engages with Southern states through inter-state council meetings and Finance Commission consultations to address their concerns about fair representation and resource distribution.
      • Example: In 2023, the government held deliberations on the implications of delimitation and reassured Southern states of equitable consideration in future seat revisions.

    Way forward: 

    • Balanced Delimitation Framework: Implement a hybrid approach that considers both population size and demographic performance to ensure fair representation without penalizing states with successful population control policies.
    • Strengthen Federal Dialogue: Regular consultative mechanisms through Inter-State Councils and Finance Commissions to address regional concerns, ensuring equitable resource allocation and preserving the spirit of cooperative federalism.