Aug 03 2024

Projects spanning a total length of 936 km at and incurring a total capital cost of Rs. 50,655 were approved 

  • These projects will be implemented using various PPP (Public Private Partnership) modes, including Build-Operate-Transfer (BOT), Hybrid Annuity Model (HAM) and Engineering, Procurement and Construction (EPC)

Public Private Partnership (PPP)

  • It means an arrangement between a Government / statutory entity / Government owned entity on one side and a private sector entity on the other, for the provision of public assets and/or public services, through investments being made and/or management being undertaken by the private sector entity, 
  • Time Period: It’s for a specified period of time, where there is well defined allocation of risk between the private sector and the public entity and the private entity who is chosen on the basis of open competitive bidding.

Distinct Project Delivery Models

Build-Operate-Transfer (BOT), Hybrid Annuity Model (HAM), and Engineering, Procurement, and Construction (EPC) are three distinct project delivery models used in infrastructure development.

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National High-Speed Road Corridor Projects

  • Build-Operate-Transfer (BOT): In the BOT model, a private entity (often a consortium) is responsible for the design, construction, operation, and maintenance of a project for a specified period. After this period, the ownership and operation of the project are transferred back to the public sector.
    • Applications: Widely used for road projects, especially in developing countries where funding constraints exist.
  • Engineering, Procurement, and Construction (EPC): In the EPC model, a single contractor is responsible for the design, procurement, and construction of the project. The contractor assumes responsibility for delivering the project on time, within budget, and to specified quality standards.
    • Applications: Used in a wide range of infrastructure projects, including power plants, industrial facilities, and large-scale construction projects
  • Hybrid Annuity Model (HAM): The Hybrid Annuity Model combines elements of both public and private financing. The public sector bears some of the financial risks while the private sector handles the construction and operation. Payments are made to the private entity in the form of annuities over a period.
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The centre has issued a draft notification to declare over 56,800 square kilometres of the Western Ghats across six states as Ecologically Sensitive Area (ESA). 

Background of the Draft Notification on Ecosensitive Areas

  • Initial Draft and Recommendation: The first draft was issued in  March 2014 on the recommendation of the High-Level Working Group (HLWG) formed by the Centre in 2012. 
  • Re-examination of Suggestions: In April 2022, the centre established another panel to check the recommendations from six states. 
    • This panel considered both conservation concerns and developmental aspirations of the region. 
  • Previous Draft: This draft was issued on July 6, 2022. It expired without a consensus between centre and six states on the extent of ESA. 

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Key Highlights of the Draft Notification on Ecosensitive Areas

  • Consensus: The Draft Notification on Ecosensitive Areas aims to reach an agreement among the six states involved: Maharashtra, Tamil Nadu, Goa, Kerala, Karnataka, and Gujarat. This issue has been under discussion since 2011.
  • Proposal inclusion
    • Area: Over 56,000 square kilometers across six states will be covered.
      • It Includes 13 villages in Wayanad, Kerala, which recently experienced severe landslides.
    • Restrictions: Mining, quarrying, and sand mining will be banned. Large construction projects will also be limited.
    • Exceptions: Existing homes can be repaired or expanded,  or renovation of existing residential houses in the Eco-sensitive Area but new big buildings are not allowed.
      • The notification also proposes to phase out the existing mines within five years “from the date of issue of the final notification or on the expiry of the existing mining lease, whichever is earlier”. 

Previous Committees on Western Ghats Protection

  • Madhav Gadgil Committee (2011)

    • Purpose: Recommended measures for conservation of the Western Ghats.
    • Main Recommendation: Suggested that 64% of the Western Ghats be classified as eco-sensitive areas.
  • Dr. K Kasturirangan Committee (2013)

    • Purpose: Formed to review and provide recommendations for protecting the Western Ghats.
    • Main Recommendation: Proposed reducing the eco-sensitive area to 37% of the Western Ghats.

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About Western Ghat

Ecosensitive Areas

  • The Western Ghats is a UNESCO World Heritage Site.
  • It is one of the eight ‘hottest hotspots’ of biological diversity in the world.
  • It is also known as Sahyadri. 
  • Location: Stretches 1,600 km (990 mi) along the western coast of the Indian peninsula.
  • Coverage: 160,000 km² (62,000 sq mi) across six states: Gujarat, Maharashtra, Goa, Karnataka, Kerala, and Tamil Nadu.
  • Highest Peak: Anamudi, Eravikulam National Park and Doddabetta
  • Southern End: Reaches Swamithoppe in Kanyakumari district.
  • Meeting Point: Joins with the Eastern Ghats at Nilgiris.
  • Formation and Geology

    • Formation: Created during the break-up of the supercontinent Gondwana in the late Jurassic and early Cretaceous periods.
    • Geological Evidence: The mountains were formed when India separated from Africa and rose along the west coast.
    • Composition: The Deccan Plateau is made of basalt rocks, influencing the rise of the Western Ghats.
  • Rivers of the Western Ghats

    • West-Flowing Rivers

      • Examples: Periyar, Bharathappuzha, Netravati, Sharavathi, Mandovi.
      • Characteristics: These rivers are fast-moving due to their short courses and steep gradients. This makes them ideal for hydroelectric power production.
    • East-Flowing Rivers

      • Major Rivers: Godavari, Krishna, Kaveri.
      • Smaller Rivers: Tunga, Bhadra, Bhima, Malaprabha, Ghataprabha, Hemavathi, Kabini.
      • Characteristics: These rivers are slower-moving and eventually join larger rivers like the Kaveri and Krishna.
  • Climate and Vegetation

    • Forests

      • Types: The forests are representative of tropical evergreen forests and include a diverse range of flora and fauna.
      • Biodiversity: Home to at least 325 globally threatened species, including plants, animals, birds, amphibians, reptiles, and fish.
    • Climate Influence

      • Monsoon: The Western Ghats influence the Indian monsoon by blocking rain-laden winds from the southwest, causing significant rainfall on the western slopes.
    • Vegetation

      • Western Slopes: Covered with tropical and subtropical moist broadleaf forests, featuring trees like Rosewood, Mahogany, and Cedar. These slopes are green throughout the year.
      • Eastern Slopes: Home to dry and moist deciduous forests with trees such as Teak, Sal, Shisham, and Sandalwood.

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  • Wildlife

    • Small Carnivores: Nilgiri marten, brown palm civet, stripe-necked mongoose, Indian brown mongoose, small Indian civet, and leopard cat.
    • Endemic Species: Nilgiri tahr and lion-tailed macaque.
    • Globally Threatened Species: Includes 229 plant species, 31 mammal species, 15 bird species, 43 amphibian species, 5 reptile species, and 1 fish species.
  • Protected Areas in the Western Ghats

    • Protected Areas Includes two biosphere reserves, 13 National Parks, several wildlife sanctuaries, and many Reserve Forests.
    • Major Protected Areas

      • Nilgiri Biosphere Reserve
        • Description: The largest contiguous protected area in the Western Ghats.
        • Components: Includes evergreen forests of Nagarahole, deciduous forests of Bandipur National Park, and Nugu in Karnataka. Also covers Wayanad and Mudumalai National Park in Kerala and Tamil Nadu.
      • Silent Valley National Park
        • Description: One of the last remaining untouched tropical evergreen forests in India.
        • Location: Located in Kerala.

About Eco-Sensitive Zones (ESZs)

  • ESZs or EFAs are areas designated around Protected Areas, National Parks, and Wildlife Sanctuaries in India.
  • It is also known as Ecologically Fragile Areas (EFAs),
  • Purpose
    • Buffer Zones: ESZs help protect critical habitats by reducing the impact of human activities.
    • Shock Absorbers: They manage and control activities around protected areas to minimize harm.
  • Function: Serve as a transition zone from high protection areas to areas with lesser protection.
  • Regulation
    • Authority: Regulated by the Ministry of Environment, Forests and Climate Change (MoEFCC) of the Indian government.
  • Extent
    • 10 km Rule: Typically, land within 10 kilometers of national parks and wildlife sanctuaries is designated as ESZs.
    • Variations: ESZs can extend beyond 10 km if the area is ecologically important.

Statutory Backing

  • Environment (Protection) Act, 1986: Does not explicitly mention ESZs, but allows restrictions on industries and operations in sensitive areas.
  • Section 3(2)(v): Permits the Central Government to restrict or regulate industries and processes in certain areas.
  • Rule 5(1) of the Environment (Protection) Rules, 1986: Allows the government to restrict industrial activities based on biodiversity, pollution limits, and proximity to protected areas.

 

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Indian astronomers use the Giant Metrewave Radio Telescope (GMRT) to discover 34 new giant radio sources (GRSs).

Historical Background

  • Past Discovery Rate: Only about 100 giant radio sources were known 20 years ago.
  • Reason for Limited Discovery: This number was a tiny fraction of the actual population due to observational limitations.
  • Advancements in Detection: The commissioning of new telescopes operating at low frequencies, such as GMRT (Giant Metrewave Radio Telescope) and LOFAR (Low-Frequency Array), has significantly increased the number of known giant radio sources to a few thousand.

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Key Points

  • Discovery of Giant Radio Sources: A team of Indian radio astronomers has identified 34 new giant radio sources (GRSs). 
    • The findings have been published in the Astrophysical Journal Supplement Series (ApJS) of the American Astronomical Society.
  • Challenging Conventional Views: Two of the newly discovered GRSs, J0843+0513 and J1138+4540, challenge the conventional notion that GRSs grow only in low-density environments. 
    • Researchers said that factors other than environmental density play a significant role in the exceptionally large size of Giant Radio Galaxies (GRGs).
  • Telescope Used: The discovery was made using the Giant Metrewave Radio Telescope (GMRT), located near Khodad village, about 90 km north of Pune.
    • The GMRT is operated by the National Centre for Radio Astrophysics (NCRA) of the Tata Institute of Fundamental Research (TIFR).
    • This telescope surveyed the radio sky at a low frequency, making it ideal for detecting these faint, distant objects.
  • Survey Used: From 2010 to 2012, a survey was performed using the GMRT to map the radio sky at 150 MHz, known as the TIFR GMRT Sky Survey (TGSS) covering about 90% of the sky. 
    • The team of astronomers used TIFR GMRT Sky Survey (TGSS) for their research due to its low frequencies and the sensitivity of the GMRT. 
  • Advantages of Low-Frequency Radio Surveys
    • Suitability for Identification: Low-frequency radio surveys are more effective for identifying GRSs compared to higher-frequency surveys.
    • Brightness of Aged Plasma: Aged plasma in GRSs is brighter at low frequencies, making it easier to detect.

Giant Radio Sources (GRS)

  • About: Giant Radio Sources (GRS) are among the largest structures in the universe.
    • They are powered by supermassive black holes at their centres, which are millions to billions of times heavier than the Sun.
    • These black holes emit powerful jets of hot plasma that create massive radio-emitting lobes, extending well beyond the visible parts of the galaxy.
  • Significance: 
    • Final Stage of Radio Galaxies: GRSs are believed to represent the final stage in the life of a radio galaxy due to their immense size.
    • Insights into Radio Galaxy Evolution: The size and structure of GRSs provide valuable insights into the evolution of radio galaxies.
      • The study of GRSs helps scientists understand the relationship between black hole activity and the evolution of radio galaxies.
    • Understanding Interstitial Space: GRSs offer insights into the interstitial space between the lobes of radio galaxies.
    • Cosmic Matter Distribution and Behavior: Research on giant radio galaxies aids in comprehending the distribution and behaviour of matter in the cosmos.
  • Challenges in Observing and Discovering Giant Radio Sources: 
    • Separation Issue: As radio sources grow in size, their ends become more widely separated.
    • Connection Difficulty: The increased separation makes it challenging to observationally connect the ends as part of the same source.

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National Centre for Radio Astrophysics (NCRA)

  • Location: Pune University Campus, India.
    • It is a part of the Tata Institute of Fundamental Research, Mumbai.
  • Research Focus: The National Centre for Radio Astrophysics of the Tata Institute of Fundamental Research (NCRA-TIFR) is a institute for radio astronomy in India,
    • Key focus of the Institute includes: Radio astronomy and instrumentation, including studies of the Sun, pulsars, interstellar medium, active galaxies, cosmology, and more.
  • Key Telescopes
    • Giant Metrewave Radio Telescope (GMRT): The world’s largest meter-wavelength telescope, located in Khodad, 80 km from Pune.
    • Ooty Radio Telescope (ORT): A large cylindrical telescope located near Udhagamandalam, India.

 

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India selects 2 crew members for the Axiom-4 mission to the International Space Station.

Artemis Accords

  • Establishment:
    • Created in 2020 by the U.S. State Department and NASA.
    • Founding members include Australia, Canada, Italy, Japan, Luxembourg, the UAE, and the UK.
  • Purpose:
    • Sets common principles for civil exploration and use of outer space.
    • Covers the moon, Mars, comets, and asteroids for peaceful purposes.
  • Foundation:
    • Built on the 1967 Outer Space Treaty under the United Nations.
    • Emphasises Space as a shared resource and promotes peaceful use.
  • India’s Participation:
    • India became the 27th country to sign the non binding Artemis Accords.
    • Announced by India’s Prime Minister during a visit to the United States.
  • NASA-ISRO Collaboration:
    • NASA and ISRO will send Indian astronauts to the ISS in 2024.
    • Training will take place at NASA’s Johnson Space Center in Houston, Texas.

Key points

  • Space Flight Agreement (SFA): The Human Space Flight Centre (HSFC) of ISRO has entered into a Space Flight Agreement (SFA) with NASA-identified service provider Axiom Space for the upcoming Axiom-4 mission to the ISS. 
  • ISRO-NASA collaboration: This agreement is part of a joint ISRO-NASA effort to enhance collaboration on space missions.
  • Selected Astronauts: Indian astronauts Group Captain Shubhanshu Shukla and Group Captain Prasanth Balakrishnan Nair have been shortlisted to go to the U.S. to train for the upcoming Axiom-4 mission to the International Space Station (ISS).

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Axiom Space

  • About: Axiom Space is an American privately funded space infrastructure developer and provider of human spaceflight services. 
    • The company is focused on building the world’s first commercial space station and facilitating private astronaut missions to low Earth orbit (LEO), including missions to the International Space Station (ISS).
  • Axiom-4: The Axiom-4 mission is the fourth private astronaut mission to the International Space Station.

Benefits of Axiom-4 Mission

  • Enhancement of Human Spaceflight Capabilities: The experiences gained during this mission will be beneficial for the Indian Human Space Program and it will also strengthen human space flight cooperation between ISRO and NASA.
  • Access to Advanced Training and Technology: India’s involvement provides access to advanced training, technological advancements, and scientific opportunities.
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Scientists from India and the United Kingdom have identified six new species of bent-toed geckos in Northeast India. 

Research Team and Findings

Bent-Toed Geckos

 

  • Institutions Involved: Researchers from the Wildlife Institute of India (WII), Ashoka Trust for Research in Ecology and Environment (ATREE), and the Natural History Museum London (NHM) collaborated on this project.

About bent-toed geckos

  • It is a small, nocturnal species.
  • Bent-toed geckos belong to the genus Cyrtodactylus.  
  • Cyrtodactylus is a diverse genus of geckos found in Asia. 
  • Other names: Bow-fingered geckos or  forest geckos.
  • Global Distribution: It has around 346 species distributed across India, Sri Lanka, Southeast Asia, and the Solomon Islands.
  • Conservation Status: No Official data available

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Details of the New Species 

Species Location
Namdapha Bent-Toed Gecko Namdapha Tiger Reserve, Arunachal Pradesh
Siang River Gecko Siang River Valley, Arunachal Pradesh
Ngengpui Bent-Toed Gecko Ngengpui Wildlife Sanctuary, Mizoram
Manipur Bent-Toed Gecko Near Lamdan Kabui village, Manipur
Kiphire Bent-Toed Gecko Kiphire, Nagaland
Barail Hill Bent-Toed Gecko Barail Hill, Nagaland

 

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The changes in the long-term capital gains (LTCG) tax regime, particularly the withdrawal of the indexation benefit, has emerged as one of the most contentious decisions announced in the Union Budget for 2024-25. 

Indexation

  • About: Indexation is the process of adjusting the original purchase price of an asset or investment in order to neutralise the impact of inflation on it. 
    • It involves revising upward the cost of acquisition of an asset based on the inflation over the period for which it was held.
  • Purpose of Indexation: Neutralising Inflation is the purpose of Indexation.
    • Inflation reduces the value of money over time, and therefore, when an asset is sold or an investment is redeemed, indexation helps in arriving at the cost of acquisition with the impact of inflation over the holding period factored in.
  • Indexed Cost of Acquisition: The cost of acquisition thus arrived at, is called the indexed cost of acquisition. 
    • It resets the base for calculation of gains or losses from the sale or redemption. 
    • The returns calculated on the indexed cost of acquisition are generally seen as more realistic than absolute gains calculated on the basis of the actual price at the time of purchase.

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Long Term Capital Gains (LTCG)

  • About: Long-term capital gains refer to the profit earned from the sale of assets held for more than a year. The tax treatment for long-term gains is generally more favourable.
  • If long-term capital gains exceed INR 1 lakh, long-term capital gains tax is currently assessed on listed assets at a rate of 12.5%. 

Government’s New Long Term Capital Gains Regime

  • Changes in Indexation Benefit: The new LTCG regime eliminates the indexation benefit for calculating LTCG on property, gold, and other unlisted assets.
  • Reduced LTCG Tax Rate: The LTCG tax rate has been reduced from 20% to 12.5%.
  • Fair Market Value for Older Assets
    • Pre-2001 Purchases: For assets purchased before 2001, the fair market value as of April 1, 2001, will be considered as the cost of acquisition.
    • Rationale: This measure aligns with the old LTCG tax regime, ensuring inherited ancestral property and decades-old purchases are not excessively taxed.
  • Government’s Justification
    • No Major Loss to Taxpayers: The government asserts that the new regime will not cause significant financial loss to most taxpayers.
    • Enhanced Clarity and Efficiency: By streamlining the tax structure, the government aims to provide a clearer and more efficient system for both taxpayers and tax authorities.
      • This simplification is expected to ease the tax filing process for taxpayers and improve administrative efficiency for tax authorities.
    • Unified Tax Rates: The government aims to simplify the capital gains tax structure by removing differential tax rates for various asset classes.

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PARAKH, a standard-setting body under NCERT, recently submitted an ‘equivalence’ report to the Ministry of Education. 

Recommendations for Uniform Standards in School Boards

  • This report provides recommendations on how to achieve equivalence across different school boards, as mentioned in the National Education Policy (NEP) 2020
    • The NEP states that PARAKH should promote best practices among school boards and ensure academic standards are equivalent for all learners.

What is Equivalence Across School Boards?

  • Current Differences Among Boards
    • Diverse Systems: There are 69 different school boards in India, including state boards, CBSE, ICSE, NIOS, technical and vocational boards, Sanskrit boards, and madrasa boards. 
      • These boards vary in their curriculum, examinations, and organizational structure, leading to perceptions that some boards are “better” than others.
  • Purpose of Equivalence
    • Standardized Benchmarks: The aim of achieving equivalence is not to make all boards identical but to ensure that every student, regardless of the board, receives standard facilities and a quality education.
    • Categories for Standards: The equivalence report sets standards for boards in five categories: administration, curriculum, assessment, inclusiveness, and infrastructure.

This approach ensures that all students have access to similar educational resources and opportunities, regardless of the board they are affiliated with.

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About PARAKH

school boards

  • PARAKH stands for Performance Assessment, Review, and Analysis of Knowledge for Holistic Development.
  • It is  a National Assessment Centre.
  • It was established as an independent unit within NCERT. 
    • It was created on February 8, 2023.
  • Objective: PARAKH aims to set norms, standards, and guidelines for student assessment and other related activities. the four main areas of focus for PARAKH are:
    • Capacity Development in Competency-Based Assessment
      • Project Vidyasagar:
        • It Collaborates with the PhD Chamber of Commerce (PhDCC).
        • Conducts workshops across all States/UTs in India.
        • Focuses on disseminating learning competencies per the National Curriculum Framework 2023 (NCF, 2023).
        • Aims to familiarize teacher educators and teachers with new pedagogical and policy changes.
        • Bridges gaps in competency-based teaching and learning.
    • Large-Scale Achievement Survey
      • Monitors and assesses the country’s educational status periodically.
      • For example: 
        • State Educational Achievement Survey (November 3, 2023):
          • Coverage: Conducted across 30 States and Union Territories (UTs).
          • Grades Assessed: Grades 3, 6, and 9.
          • Subjects Assessed: Foundational Literacy, Numeracy, Language, and Mathematics.
          • Sample Size: Approximately 8 million students.
        • Survey in Rajasthan and Chhattisgarh: It was delayed 
          • Reason for Delay: Assembly elections in these states.
    • Equivalence of School Boards
      • Works with school boards to recommend examination reforms.
      • Aims to establish equivalence across all Indian boards, allowing credit points for academic, vocational, and experiential learning.
      • For example: 
        • Conducted regional workshops between June and August 2023 to collect data on administration, curriculum, assessments, and infrastructure.
        • Used the Equivalence Questionnaire and Question Paper Template Analysis to analyze data.
        • Prepared a report outlining focus areas for achieving equivalence.
        • Held national-level workshops in November and December 2023 for boards to review and provide feedback on the report.
        • Currently drafting Policy Recommendations for equivalence.
    • Holistic Progress Cards for Various Educational Stages
      • Developed 360-degree Holistic Progress Cards for the foundational, preparatory, and middle stages.
      • Objective: Aims to assess Competency-Based learning-teaching comprehensively.
        • Currently developing similar progress cards for the secondary stage.
      • Ensures holistic and competency-based assessments.

Key Recommendations by PARAKH

  • Assessment and Grading
    • Cumulative Assessment: Class 9, 10, and 11 performances will contribute to the final Class 12 results. 
      • The weight distribution will be 15% for Class 9, 20% for Class 10, 25% for Class 11, and 40% for Class 12.
    • Credit System: Students will earn credits for each subject, online courses, and extracurricular activities, which will be part of a holistic progress card. 
      • This card includes self-evaluation, teacher assessments, and peer feedback.
  • Standardization and Paper Setting
    • Professional Paper Setters: PARAKH recommends training teachers to become professional paper setters to standardize assessments for classes 9 through 12.
    • Question Banks and Blueprints: Boards should create question banks for classes 9 and 11 and prepare blueprints for question papers. Teachers can then use these resources to develop exam papers.
  • School Affiliation and Administration
    • Affiliation Guidelines: PARAKH suggests that the guidelines for school affiliation be updated according to its recommendations, such as requirements for a contiguous plot and proper playgrounds.
    • Periodic Reviews: Boards should conduct periodic reviews of affiliated schools and grant affiliations for a maximum of three years.
    • Empowerment of Boards: Boards should have the authority to recognize schools, identify unrecognized institutions, and take necessary actions.
  • Examination and Security Measures
    • Preventing Cheating: PARAKH recommends implementing strict protocols to prevent cheating, secure exam papers, and conduct digital assessments where applicable.
  • Curriculum and Infrastructure
    • Digital Literacy: Schools should include digital literacy, such as coding and cybersecurity, in their curriculum and follow the National Curriculum Framework for School Education.
    • Basic Facilities: Schools must provide essential facilities, including separate toilets for girls and boys, internet access, libraries, secure rooms for exam papers, labs, and accessibility features like ramps or elevators.

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Challenges and Opportunities in Implementing Equivalence Across Indian School Boards

Understanding the Goal

The primary aim of the equivalence initiative is to ensure that students from any school board in India receive a similar quality of education and have comparable opportunities. This involves standardizing curriculum, assessments, and administrative practices across diverse boards.

Challenges

  • Diversity of Boards: India has a complex education landscape with numerous state boards, central boards, and open schools, each with its unique structure, curriculum, and assessment methods. Harmonizing these diverse systems is a significant challenge.
  • Infrastructure Gap: There is a vast disparity in infrastructure between schools, especially in rural areas. Implementing recommendations that require facilities like libraries, labs, and digital infrastructure will be challenging in under-resourced schools.
  • Teacher Training: Upskilling teachers to align with new assessment methods, curriculum changes, and digital literacy requirements will necessitate extensive teacher training programs.
  • State Autonomy: Education is primarily a state subject in India. Convincing states to adopt uniform standards and relinquish some control over their education systems can be politically and administratively complex.
  • Resistance to Change: Introducing changes to the established system, such as modifying examination patterns and incorporating continuous assessment, may face resistance from students, parents, and teachers who are accustomed to the traditional methods.
  • Monitoring and Enforcement: Ensuring that all boards adhere to the new standards and implement the recommended changes effectively will require robust monitoring and enforcement mechanisms.

Opportunities

  • Improved Learning Outcomes: By setting common standards, the equivalence initiative can potentially improve learning outcomes for all students, regardless of the board they belong to.
  • Fairer Comparisons: Standardized assessments can enable a more equitable comparison of student performance across different boards, reducing biases.
  • Enhanced Mobility: Equivalent qualifications can facilitate easier transfer of students between different boards and states, promoting academic mobility.
  • Digital Integration: The focus on digital literacy and online assessments can accelerate India’s digital education journey.
  • Collaboration and Knowledge Sharing: The process of developing common standards can foster collaboration among different boards, leading to the sharing of best practices.

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Conclusion

Implementing equivalence across India’s diverse school boards is a monumental task with both significant challenges and potential benefits. Successful implementation requires a concerted effort from the central government, state governments, school boards, and educational stakeholders. Addressing the challenges and leveraging the opportunities will be crucial for realizing the vision of a standardized and equitable education system in India.

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A three-judge Bench headed by Chief Justice of India (CJI) will hear a challenge against a Madras High Court ruling that directed legal search portal Indian Kanoon to take down a judgment in a 2014 rape and cheating case. 

  • The acquitted man had moved the Madras HC in 2021, saying that he had been denied the citizenship of Australia because his name appears in the judgment that is publicly available on the legal portal.

Right To Be Forgotten

What is the Right to be Forgotten?

  • The right to be forgotten can be loosely described as the right to remove one’s digital footprint (from Internet searches, etc.) where it violates the right to privacy.
  • Significance: From victims of so-called “revenge porn” to individuals whose personal cases are on the Internet, the right to be forgotten is a crucial remedy.
  • Legal Basis: This right is more specific and is prominently recognized under the General Data Protection Regulation (GDPR) in the European Union

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How is the right interpreted in India?

  • No Statutory Framework: In India, there is no statutory framework that prescribes the right to be forgotten. 
    • However, not all constitutional rights need to be written in black and white. 

‘Right to be forgotten’ within the EU

  • Google case : The ‘right to be forgotten’ (RTBF) was first derived from the Google case wherein the European Union Court of Justice held that search engine providers, such as Google, have a responsibility for checking the personal information that appears on web pages that are published by third parties. 
  • In “Google Spain case”: The court ruled on the plea of Spanish lawyer Mario Costeja González to have Google remove information from 1998 regarding the forced sale of his property due to social security debt.

Right To Be Forgotten

  • Justice K S Puttaswamy v Union of India (2017): Apex court explicitly recognised the right to privacy as a fundamental right, placing it as a facet of the right to life, right to equality, and the right to freedom of speech and expression.
    • Justice S.K. Kaul Said:  Right of an individual to exercise control over his personal data and to be able to control his/her own life would also encompass his right to control his existence on the Internet

How have courts ruled on the issue?

In several isolated pleas, mostly asking the court’s permission to take down information in court rulings, courts have passed orders with regard to this right.

  • Rajagopal vs. State of Tamil Nadu 1994: SC had talked about a “right to be let alone”.
    • Judgment: A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters. None can publish anything concerning the above matters without his consent whether truthful or otherwise
    • Distinction: But the ruling drew a distinction between the right to be let alone and the publication of public records, such as court decisions.
    • Exception: This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others
  • In Dharamraj Bhanushankar Dave vs State Of Gujarat (2017): Petitioner had asked the Gujarat HC to remove details of his acquittal in a murder and kidnapping case, saying that it had come up during background checks while he was applying for an Australian visa
    • The court refused to grant him relief, holding that court orders are allowed to be in public domain.
  • [Name Redacted] vs The Registrar General, the Karnataka HC in 2017: It ensured that the name of the petitioner would be protected in an annulment case. 
    • Not explicitly mentioned RTBF: Although the court did not substantially engage with jurisprudence on the right to be forgotten, it said that the ruling is in keeping with the trend in the Western countries where they follow this as a matter of rule in sensitive cases involving women in general.

Right To Be Forgotten

Relationship and Conflicts between Right to be Forgotten & Right to Privacy:

  • Intersection:
    • Both rights aim to protect personal privacy and data integrity. The Right to be Forgotten is considered an extension of the Right to Privacy in the digital age, addressing the challenges posed by the internet’s permanent memory.
  • Conflicts:
    • Conflicts can arise between the Right to be Forgotten and the right to freedom of expression and information. For instance, removing information about an individual’s past actions from public view might be seen as censorship or rewriting history.
    • Courts and regulatory bodies often balance these rights, considering factors like public interest, the relevance of the information, the individual’s role in public life, and the nature of the data.

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An Ongoing Debate

  • For Those In Favour Of RTBF Argue:
    • It is necessary due to issues such as revenge porn uploads
    • Petty Crimes: To ensure references to petty crimes individuals may have committed in the past don’t haunt them
    • Reputation Dilution: Potentially undue influence that such results exert upon a person’s reputation, if not removed
  • For Those In Against The RTBF Argue:
    • Impractical: Questions about the practicality in attempting to implement such a right
    • Right to freedom of expression: Concerns about its impact on the right to freedom of expression
    • Censorship: Concerns that it would decrease the quality of the Internet through censorship and the rewriting of history

Conclusion

The debate over the RTBF highlights the tension between individual privacy and the collective right to information. While the RTBF provides essential protections for personal dignity and reputation, it must be carefully regulated to avoid unintended consequences that could impact freedom of expression and the integrity of the internet.

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Recently, A study published in Nature Geoscience reveals that oxygen is released from mineral deposits located 4,000 meters (13,000 feet) below the surface in the Pacific Ocean’s Clarion-Clipperton Zone (CCZ).

Dark Oxygen

What’s Dark oxygen?

  • Oxygen that is being produced in complete darkness thousands of feet below the ocean surface is termed dark oxygen.
  • This underwater region is called the abyssal zone
  • It receives too little sunlight for photosynthesis to be feasible. Instead, life-forms here get oxygen from water carried in by a global circulation called the ‘Great Conveyor Belt’. 

The Conveyor Belt

  • Question? Scientists have long understood how nutrients move from the ocean’s surface to its depths. 
    • As phytoplankton die, they sink and collect on the ocean floor.  But if nutrients are continually sinking to the depths of the ocean, how are surface waters replenished with nutrients? 
  • Reason:  In certain regions of the ocean, the nutrient-rich deep water was upwelling, or rising to the surface.
    • Ocean was slowly turning over from top to bottom in a continuous global loop
    • Like a conveyor belt, thermohaline circulation moves nutrients from one part of the ocean to another.

Why is the discovery important?

  • Calls into question the earlier theory: It has long been recognized by scientists that photosynthetic organisms, such as plants and algae, are the main source of oxygen on Earth and provide it to both people and animals. 
  • The production of oxygen at such depths is thought to be impossible because there isn’t enough sunlight for plants to photosynthesize.
  • However, in this case, oxygen is not being produced by plants.

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About the recent study

  • Discovery of Oxygen: Scientists reported an unknown process producing oxygen in the deep ocean where photosynthesis is not feasible due to insufficient sunlight.
  • Oxygen Measurement: When the scientists were conducting experiments at a depth of 4 km, researchers observed unexpected increases in oxygen levels, sometimes tripling within two days, contrary to expectations of decreasing levels due to consumption by marine life.
    • They conducted follow-up studies in 2020 and 2021: In each case, they released a device from the surface that would land on the ocean floor, where it would isolate a small volume of the floor along with some sea water and measure the oxygen levels.
  • Source of Oxygen: The researchers hypothesized that the oxygen could be generated by polymetallic nodules, which may create electric charges that split water molecules, releasing oxygen
    • The nodules exhibited voltages up to 0.95 V, suggesting they could function like battery cells.
  • Location of Study: The study was conducted in the Clarion-Clipperton Zone, located off Mexico’s west coast, which is known for having the highest concentration of polymetallic nodules.

About Clarion-Clipperton Zone (CCZ)

  • The CCZ is situated in the eastern Pacific between the Clarion and Clipperton fracture zones stretching from 5° to 20° N and 115 to 160° W and covers over 1% of the world’s surface
  • Scientific & Industrial Explorations: There has been a long history of scientific and industrial exploration of this area. 
    • Covering an area larger than India, the Zone is considered to have the world’s highest concentration of polymetallic nodules, including 6 billion tonnes of manganese and more than 200 million tonnes each of copper and nickel.
  • ISA Role: As the CCZ is predominantly seabed beyond national jurisdiction, the mineral resources are regulated by the International Seabed Authority (ISA)
  • The ISA has divided the CCZ into various mining exploration contract areas assigned to state-sponsored contractors
    • About ISA: Established in 1994.
    • Headquarters: Kingston, Jamaica. 
    • Function:  To regulate mining and related activities in the international seabed beyond national jurisdiction, an area that includes most of the world’s oceans. 
    • The ISA came into existence upon the entry into force of the 1982 United Nations Convention on the Law of the Sea.

 

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About Deep Sea Mining

  • About: Deep sea mining is an emerging industry that aims to extract minerals from the ocean’s surface, including manganese nodules, seafloor massive sulphides, and cobalt crusts.
  • Potential: These nodules, deposits and crusts contain materials, such as nickel, rare earths, cobalt and more, that are needed for batteries and other materials used in tapping renewable energy and also for everyday technology like cellphones and computers.
  • Three types of mining: 
    1. Taking deposit-rich polymetallic nodules off the ocean floor
    2. Mining massive seafloor sulphide deposits
    3. Stripping cobalt crusts from rock.
  • Regulation of Deep Sea Mining
    • The International Seabed Authority (ISA) is currently accepting mining permit applications from companies and countries.
    • States should apply to ISA regardless of whether or not they have signed or ratified the United Nations Convention on the Law of the Seas.
    • Countries manage their own maritime territory and exclusive economic zones, while the high seas and the international ocean floor are governed by the United Nations Convention on the Law of the Seas (UNCLOS). 
  • Environmental Concerns
    • Threat to ecosystem: Only a small part of the deep seabed has been explored and conservationists worry that ecosystems will be damaged by mining, especially without any environmental protocols. 
    • Associated damages: Noise, vibration and light pollution, as well as possible leaks and spills of fuels and other chemicals used in the mining process.
    • Harm to Marine Life: Once valuable materials are extracted, slurry sediment plumes are sometimes pumped back into the sea. That can harm filter feeding species like corals and sponges, etc.

Conclusion

  • This discovery challenges our knowledge of the oxygen sources on our planet. So the consequences of this discovery could drastically change our understanding of the conditions required for life to exist.
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Vietnamese Prime Minister  Pham Minh Chinh  is on a three-day visit to India. 

Vietnamese Prime Minister Stance 

  • He emphasized the need for closer cooperation between Vietnam and India in various areas, including semiconductor technology, digital transformation, green hydrogen, pharmaceuticals, renewables, and biotechnology.
  • He stressed the role of both governments in promoting business ties and strategic cooperation across supply chains, strategic resources, climate action, environmental technology, human resources, defense, and security.
    • He also highlighted that bilateral trade could increase from the current $15 billion to $20 billion in the coming years.

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Key Highlights and Outcomes of the Bilateral Meeting

  • Strategic partnership: Both the prime ministers discussed increasing comprehensive strategic partnership between India and Vietnam. 
    • Both leaders focused on areas such as trade, defence, and maritime security. 
  • Defence cooperation: 14th India and Vietnam defence policy revolved around emerging areas such as cyber security and military medicine. 
    • Vietnam suggested cooperation in five areas – delegation exchanges, staff talks, service-to-service cooperation, education and training, and defence industry collaboration.
    • The leaders agreed to expedite the implementation of the Implementing Arrangement on Hydrography and form a Joint Committee to oversee these efforts, enhancing collaboration across multiple domains.
  • Economic and Trade Relation: Both nations agreed to increase trade and economic cooperation, keeping the vision to increase  two-way trade beyond the current $15 billion.
    • Trade Barriers: They discussed removal of trade barriers and establishment of economic diplomacy dialogue for improving trade relations. 
  • Maritime Security: Both the nations (India and Vietnam) emphasised on maritime security cooperation especially in south china sea. 
    • They agreed to collaborate to ensure freedom of navigation and overflight in the region.
    • Credit line agreement: An agreement of $300 million credit line was signed to add up Vietnam maritime security. 
      • This initiative is crucial for bolstering Vietnam’s maritime security, enabling it to safeguard its interests in the contentious waters of the South China Sea.
  • Cultural and Educational Exchange: Both sides shed light on the significance of Cultural and Educational Exchange to enhance people to people connections. 

India-Vietnam Relations

  • Diplomatic Ties: India and Vietnam established diplomatic relations in 1992, and since then, their ties have grown stronger.
  • Historical Background : Both countries share similar historical experiences, particularly in their struggles for independence from colonial rule.
  • Bilateral Relations: India and Vietnam have a long-standing and friendly relationship, making it one of India’s most important partnerships in Southeast Asia.
  • Strategic and Comprehensive Partnership
    • The relationship between India and Vietnam was elevated to a Strategic Partnership in 2007.
    • In 2016, the partnership was further enhanced to a Comprehensive Strategic Partnership, reflecting the deepening ties between the two nations.
  • Economic Cooperation: Over the last 20 years, trade between India and Vietnam has increased significantly, rising from $200 million in 2000 to $12.3 billion in the 2019-2020 financial year.
    • For the fiscal year 2023-24, bilateral trade reached approximately $14.82 billion.
    • Trade Breakdown:
      • India’s exports to Vietnam were around $5.47 billion.
      • Imports from Vietnam to India totaled about $9.35 billion.
  • Defence Cooperation
    • India and Vietnam signed the ‘Joint Vision Statement on India-Vietnam Defense Partnership towards 2030′ and an MoU on Mutual Logistics Support.
    • Vietnam-India Bilateral Army Exercise (VINBAX): A regular joint military exercise.
    • Gifting of INS Kirpan: India gifted the in-service missile corvette INS Kirpan to Vietnam.

Impact of India and Vietnam Trade on Indian Economy

Benefits for the Indian Economy

  • Job Creation: Increased trade often leads to more jobs in sectors like manufacturing, transportation, and logistics. As India exports more to Vietnam, it can create employment opportunities for Indian workers.  
  • Economic Growth: Higher exports mean more money coming into the Indian economy. This can boost overall economic growth and development.
  • Foreign Investment: Vietnam’s growing economy and increasing trade with India could attract more foreign investment into India, providing capital for businesses and infrastructure projects.
  • Technology Transfer: Cooperation in areas like semiconductors, digital transformation, and green technology can lead to knowledge sharing and technology transfer, benefiting India’s technological advancement.
    • It will help in areas like e-commerce, fintech, and artificial intelligence.
  • Reduced Trade Deficit: While India currently has a trade deficit with Vietnam, increased exports can help to reduce this gap and improve India’s trade balance.

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Challenges

  • Trade Imbalance: There’s a risk of trade imbalances if imports from Vietnam increase faster than exports to Vietnam, potentially leading to a higher trade deficit for India.
  • Competition: Indian businesses might face tougher competition from Vietnamese products, especially in areas like textiles, electronics, and agriculture.
  • Regulatory Barriers: Differences in regulatory standards and practices between the two countries can create obstacles for businesses entering each other’s markets.
  • Logistics and Infrastructure: Insufficient logistics and infrastructure could hinder the efficient flow of goods and services between India and Vietnam.
  • Quality Standards: Ensuring that products meet the quality standards of both countries can be challenging, particularly for small and medium-sized enterprises.
  • Geopolitical Tensions: Geopolitical issues, especially those involving China, can impact trade relations and introduce uncertainties.

Way forward

To achieve the target of $20 billion trade between India and Vietnam, both nations can take various steps. 

  • Strengthening Trade Agreements: Enhance existing trade agreements and formulate rules to reduce the burden of tariff and non-tariff barriers. 
    • VietnamStreamline regulatory frameworks for establishing smooth customer procedure. 
  • Development of Infrastructure: Invest in infrastructure projects that increase connectivity between two nations such as ports, highways, and logistics networks. 
    • There should be promotion of digital infrastructure too to support e-commerce and digital trade.
  • Capacity Building: 
    • Training Programs: Organize workshops and training sessions to improve skills in quality standards, market access, and export readiness.
    • Knowledge Exchange: Foster technical cooperation and knowledge sharing between countries to enhance expertise.
    • Policy Support

      • Supportive Policies: Ensure that government policies consistently promote trade and investment.
      • Address Bottlenecks: Identify and resolve any policy issues that may be obstructing trade growth.
    • Cultural and Educational Exchanges

      • Promote Exchanges: Encourage cultural and educational programs to build strong relationships and understanding between people.
      • Language and Culture: Support language learning and cultural awareness initiatives to make business interactions smoother.

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Overview of Vietnam

  • Location:
    • Situated in Southeast Asia.
    • Bordered  Regions: 
      • North: China 
      • Northwest: Laos 
      • Southwest: Cambodia 
      • East and South: The South China Sea 
  • Capital: Hanoi
  • Major Rivers:
    • Mekong River in the south.
    • Red River in the north.
    • Both rivers flow into the South China Sea.
  • Currency: Vietnamese Dong (VND)

 

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Recently, the Supreme Court upheld that states have the authority to subdivide reserved category groups based on their varying levels of backwardness to extend reservation benefits.

  • In doing so, the apex court overturned a 2004 ruling in the EV Chinnaiah vs State of Andhra Pradesh case, which had held that such sub-classification was not permissible since the Scheduled Castes (SC)/Scheduled Tribes (ST) constituted “homogenous” classes.

Background for Sub-Categorisation of Scheduled Caste

Article 341 of the Constitution allows the President, through a public notification, to list as SC “castes, races or tribes” that suffered from the historical injustice of untouchability. SC groups are jointly accorded 15% reservation in education and public employment.

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  • Sub-Categorisation by Punjab Government, 1975: Punjab government divides its 25% SCs reservation into two categories:
    • Reserved for the Balmiki and Mazhbi Sikh communities (most economically and educationally backward communities).
    • Thus, they were to be given first preference for any reservations in education and public employment.
    • Rest of the SCs communities, which didn’t get this preferential treatment.
  • Formation of Justice Ramachandran Commission, 1996: The Andhra Pradesh government formed the Commission.
    • The commission proposed sub-categorisation of SCs in the State based on evidence that some communities were more backward and had less representation than others.
  • Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000: The Andhra Pradesh government introduced this act for an expansive list of SC communities identified in the state and the quota of reservation benefits provided to each of them.
  • E.V. Chinnaiah v State of Andhra Pradesh, 2004: A five-judge constitution bench struck down the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 for being violative of the right to equality. 
    • The Court held that the sub-classification would violate the right to equality by treating communities within this category differently and the SC list must be treated as a single, homogenous group.
  • Decision by Punjab & Haryana High Court: In 2004, the Court, in Dr. Kishan Pal vs State of Punjab, struck down the 1975 notification, supporting the E.V. Chinnaiah decision. 
  • Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006: The Punjab government attempted to bring back the law by passing this act.
  • Appeal to Supreme Court: In 2010, the Punjab government subsequently appealed against the High Court’s decision, contending that the SC’s 2004 judgement had incorrectly concluded that sub-classification within the Scheduled Caste quota is not permissible.
  • Davinder Singh v State of Punjab, 2014: The SC referred the appeal to a five-judge constitution bench to determine if the E V Chinnaiah of 2004 required reconsideration since it needed an inquiry into the interplay of several constitutional provisions. 
      • Interpretation of the Constitution requires a bench of at least five-judges of the Supreme Court.
  • Jarnail Singh v Lachhmi Narain Gupta, 2018: In this case, the Supreme Court upheld the concept of “creamy layer” within SCs too. 
    • The ‘Creamy layer’ concept puts an income ceiling on those eligible for reservations
    • While this concept applies to Other Backward Castes (OBC), it was applied to promotions of SCs for the first time in 2018.

Crucial Insights on the Supreme Court Judgement

In a In a 6:1 ruling, the Supreme Court Bench holds that sub-categorisation within a class is a constitutional requirement to secure substantive equality.

SC and ST Categories

  • On Legal Fiction: As per the Supreme Court, the Presidential list of SCs is a “legal fiction” — something that does not exist in actuality but is “treated as real and existing for the purpose of law”. 
    • A Scheduled Caste is not something that existed before the Constitution came into force, and is recognised so that benefits can be provided to communities in the list. 
    • This legal fiction cannot be “stretched” to claim that there are no “internal differences” among SCs.
  • On Sub-Classification of the Presidential List: The majority opinion held that “the State in exercise of its power under Articles 15 and 16 is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified”.
    • Articles 15(4) of the Constitution gives states the power to make “any special provision” for the advancement of SCs. 
    • Article 16(4) gives states the specific power to provide reservations of appointments or posts in favour of any backward class of citizens which is not adequately represented in the services of the State.
    • The equality of opportunity (Article 16) must account for the varying social positions of different communities. When the same opportunities are provided to SC communities that are on different footings it “can only mean aggravation of inequality”.
  • On the Yardstick for Sub-Classification: The majority opinion drew stringent redlines for states on how to work out the sub-quotas. States will have to demonstrate a need for wider protections, bring empirical evidence, and have a “reasonable” rationale for classifying sub-groups. This reasoning can be further tested in court.
    • The Chief Justice of India underlined that any form of representation in public services must be in the form of “effective representation”, not merely “numerical representation”. 
  • SC and ST CategoriesOn Applicability of ‘Creamy Layer’ Principle: Only the opinion of Justice Gavai bats for introducing the ‘creamy layer’ exception for SCs (and STs) that is already followed for Other Backward Classes (OBCs) as highlighted in Indra Sawhney Case
    • This concept places an income ceiling on reservation eligibility, ensuring that the beneficiaries are those in a community that need quotas the most.
  • Concerns Raised: Experts have however questioned why the judges ventured into the applicability of the creamy layer principle for SCs and STs, given that the petitions before them were concerned solely with the issue of sub-categorisation. 
    • However, such observations are within the realm of obiter dicta – those sections of a judicial opinion that are not relevant to the court’s decision and would therefore lack the force of law and any binding precedent.
    • Obiter dictum is a Latin phrase meaning “other things said”, that is, a remark in a legal opinion that is “said in passing” by any judge or arbitrator. It is a concept derived from English common law.

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Issues to be Decided Decisions Held
  • Whether sub-classification is Permissible?
  • Yes, Scheduled Castes can be further classified if: 
    • There is a rational principle for differentiation
    • If the rational principle has a nexus with the purpose of sub-classification
  • “Sub-classification is one of the means to achieve substantive equality”.
  • Is Scheduled Caste Homogenous?
  • No, Scheduled Castes are not a homogenous integrated class because empirical evidence indicates that there is inequality even within the Scheduled Castes. 
  • Whether Article 341 creates a homogenous class by deeming Fiction?
  • No, because the inclusion in the Presidential list does not automatically lead to the formation of a uniform and internally homogenous class which cannot be further classified. 
  • Article 341 creates a legal fiction for the limited purpose of identification of Scheduled Castes by distinguishing them from other groups.
  • Are States competent to create sub-classifications within Reserved Categories?
  • While the State may embark on an exercise of sub-classification, it must do so on the basis of quantifiable and demonstrable data bearing on levels of backwardness and representation in the services of the State.
  • The model of sub-classification will be unconstitutional if it excludes some Scheduled Castes from the benefit.

About Caste and Sub-Caste

The Caste System in India is a social hierarchy that has existed for centuries, traditionally dividing people into different groups based on their occupations and social roles.

  • Categories: It is associated with main categories- Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), and Shudras (labourers and service providers) and the outcastes.
  • Sub-Castes: There are numerous sub-castes and sub-groups within each of these main categories. These sub-castes often originated from regional, occupational, or social distinctions.

About Sub-Classification of SC and ST

It is the process of creating sub-groups within the Scheduled Castes and Scheduled Tribes to ensure a more equitable distribution of reservation benefits, targeting the most backward or marginalised within these communities.

  • Need: Over the years, states have argued that some groups within the SC list have been underrepresented compared to others. 
    • They believe that a separate quota for some castes within the SC quota of 15% should be created to ensure that the benefits are equitably distributed among all castes.
  • Demand: Over time, some communities have sought recognition and specific privileges based on their unique characteristics, historical backgrounds or socio-economic status. 
    • Sub-categorization attempts to address the diversity within larger caste groups and provide targeted benefits to specific sub-groups that may be perceived as socially and economically disadvantaged.
  • Power Lies in: Article 341(1) of the Constitution gives the President the power to “specify the castes, races or tribes” in a state, which shall “for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be”. 
    • Following such a notification, Article 341(2) states that only Parliament can include or exclude “any caste, race or tribe” from the list of SCs.
  • The Sub-Categorisation Policy Being Practised: 
    • Tamil Nadu: In 2009, it made a special reservation provision for employment and education for Arunthathiyars within the 18 per cent reservation for SCs in the state. 
    • Bihar: In 2007, it created a group called ‘Mahadalits’ (most backward Dalits) which excluded the Chamar, Dhobi, Paswan and Dushad castes among 22 Scheduled Castes. 
      • Later in 2015, all castes were declared Mahadalit except Paswans. 
      • Bihar gave welfare scheme priority to Mahadalits and did not tamper with Constitutional reservations.
    • Haryana: In 2020, it split reservations in admissions through legislation by creating a new group of SCs called “Deprived Scheduled Castes”.
      • This group included 36 Scheduled Castes, leaving out the Chamar and Ravidasia communities.

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Need for Sub-Categorisation of Castes

To gain true equality, the State must evolve a policy to identify creamy layers among the SC/ST category and take them out of the fold of affirmative action. 

  • Unequal Opportunities: The policy of protective and compensatory discrimination leads to disproportional representation of sub-castes in employment, education, and legislature.
    • In Tamil Nadu, a 3% quota within the Scheduled Caste quota is accorded to the Arundhatiyar caste, after Justice M S Janarthanam report stated that despite being 16% of the SC population in the state, they held only 0-5% of the jobs.
  • Graded Inequalities: There have been graded inequalities among SC communities and even among the marginalised, some communities have less access to basic facilities. 
    • The relatively more forward communities among them have managed to avail benefits consistently while crowding the more backward ones out. 
  • Overcoming Hierarchy: The SCs category is not homogenous and comprises a wide range of communities with distinct cultural, social, and economic characteristics.
    • According to the annual report of the Ministry of Social Justice and Empowerment, there were 1,263 SCs in the country in 2018-19. 
    • Some SC communities may have made progress in education, employment, and socio-economic development, while others continue to face significant disadvantages.
  • Securing Social Mobility: The reservation policy is ineffective in providing benefits to every sub-caste group at a uniform level which resulted in competition and conflict between various sub-caste groups of Scheduled Castes. 
    • The acquisition of political power, educational improvement, and occupational change could become the major assets for Scheduled Castes’ upward mobility, which acts as a major factor for the demand for sub-categorization.
  • Ensuring Social Justice: Social justice emphasises ensuring that historically marginalised communities receive fair and just treatment and that their specific concerns are adequately addressed. 
    • Sub-categorization allows for a more targeted approach in addressing the specific vulnerabilities and needs of particular SC sub-groups. 
  • Ensuring Equitable Distribution of Resources: Sub-categorization could help avoid the concentration of benefits in certain communities while others remain underserved. 
    • For this, States have tried to divide the scheduled caste quota on the grounds that caste is a form of graded inequality. 
    • Punjab created an order of preferences in 1975 within scheduled castes for recruitment.

Challenges Related with Sub-Categorisation of Caste

Following are few challenges that need to be tackled, associated with sub-categorisation of castes:

  • Identification and Criteria: Determining the criteria for sub-categorization can be challenging. Parameters such as socio-economic status, educational attainment, or regional factors may be considered, but reaching a consensus on these criteria can be difficult.
    • Supreme Court rulings in 1976 and 2005 emphasises that ‘SCs are not castes, they are class’ and their protection is based on addressing untouchability, not other factors.
  • Data Accuracy and Availability: Concrete population numbers of each community and sub-community and their respective socio-economic data are necessary to decide how castes can be categorised, how much percentage should be given, etc. 
    • Obtaining accurate and up-to-date data on the socio-economic status of different Scheduled Caste communities is a challenge. 
  • Potential for Intra-group Disputes: Sub-categorization may lead to internal divisions and disputes among SC communities. 
    • Some groups may feel marginalised from the benefits, leading to social tensions within the broader  Scheduled Caste category. 
    • For instance, backwardness among  SCs  also draws from the practice of untouchability, and sub categorisation may sharpen differences within and bring in competitive affirmative action. 
  • Possibility of Fragmentation: There is a risk that sub-categorization might lead to the fragmentation of the SC community, diluting their political and social identity. 
    • This could weaken their collective strength in advocating for their rights.
      • Quota May Not be Enough: The National Commissions for Scheduled Castes and Scheduled Tribes had opposed the move, arguing that just setting aside a quota within the quota would not be enough.
    • They have argued that given the disparity, even if posts were reserved at higher levels, these most backward SCs would not have enough candidates.
    • Thus, it needs to be made sure that the existing schemes and benefits reach them on a priority basis. 

Way Forward

To gain positive achievement, following measures need to be taken:

  • Exploring Alternatives to Introduce Sub-Categorisation: The Union government needs to explore legal options for the same. 
    • For instance, the Attorney General of India (AGI) had opined that a constitutional amendment could be brought in to facilitate this.
    • The NCSC and NCST had opined that Article 16(4) of the Constitution already provided for States to create special laws for any backward classes it felt were under-represented.
    • The Justice Usha Mehra Committee in its 2008 report recommended the inclusion of Clause (3) in Article 341 through a constitutional amendment empowering state legislature to enact reclassification of the Scheduled Caste category subject to Presidential confirmation.
  • Data Collection and Analysis: According to legal experts, the Constitution does not  prohibit the Parliament from sub-categorising SCs or STs.
    • However, the government needs to ensure comprehensive and accurate data collection on the socio-economic conditions of different Scheduled Caste communities. 
    • This can be the only empirical basis to justify sub-categorisation of benefits and evaluating extra share of benefits required by each community.
  • Criteria for Development: Develop transparent and inclusive criteria for sub-categorisation, considering factors such as socio-economic status, educational attainment, and regional disparities.
    • The Andhra Pradesh government in 1996 formed a Commission of Justice Ramachandra Raju, which recommended sub categorisation of Scheduled Caste in the State based on evidence that some communities were more backward and had less representation than others. 
  • Following the Middle Path: Strike a balance between recognizing the diversity within the Scheduled Caste category and maintaining the overall unity of the community. 
    • Policies need to address the specific needs of sub-groups without causing fragmentation or weakening the collective strength of the SC community.

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Constitutional Provisions to Support Weaker Sections

Following provisions of the Indian Constitution deals with the support and welfare of Weaker Sections:

  • Article 15(4): The special provisions for their advancement.
  • Article 16(4A): Speaks of reservation in the services under the State in favour of SCs/STs.
  • Article 17: Abolishes Untouchability. 
  • Article 46: Requires the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the SCs and STs, and to protect them from social injustice and all forms of exploitation. 
  • Article 330 and Article 332: Provide for reservation of seats in favour of the SCs and STs in the House of the People and in the legislative assemblies of the States. 
  • Article 335: Provides that the claims of the members of the SCs and STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. 
  • Article 338: Provides for a National Commission for the Scheduled Castes (NCSC) and NCST.
  • Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SCs and STs in local bodies has been envisaged and provided.

About the Presidential List

The Central List of Scheduled Castes and Tribes is notified by the President under Articles 341 and 342 of the Constitution.

  • Need for Parliament Consent: The consent of the Parliament is required to exclude or include castes in the List and the states cannot unilaterally add or pull out castes from the List.
    • As per Article 341, those castes notified by the President are called SCs and STs.
  • Variation Across States: A caste notified as SC in one state may not be a SC in another state. 
    • These vary from state to state to prevent disputes as to whether a particular caste is accorded reservation or not.
    • No community has been specified as SC in Arunachal Pradesh and Nagaland, and Andaman & Nicobar Islands and Lakshadweep.

State by State, Prominent Tribal & Dalit Communities

Following are few important Weaker Communities of the various States:

  • Maharashtra: Mahar, Matang, Gond, Bhil, Dhule, etc.
  • Rajasthan: Meghwal, Bairwa, Jatav, Meena, Bhil, etc.
  • Odisha: Khond, Santal, Gond, Pan, Dom, Dhoba, Ganda, Kandra, Bauri, etc.
  • Chhattisgarh: Gond, Kawar/Kanwar, Oraon, Bairwa, Raidas, etc.
  • Madhya Pradesh: Balai, Bhil, Gond, etc.
  • West Bengal: Rajbanshi, Matua, Bagdi, etc.
  • Gujarat: Vankar, Rohit, Bhil, Halpati, etc.
  • Assam: Bodo, Karbi, etc.
  • Tripura: Debbarma community, Das, Badyakar, Shabdakar, Sarkar, etc.
  • Uttarakhand: Harijan, Balmiki, Jaunsari, Tharu, etc.

 

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