11 December 2024 : The Hindu Editorial Analysis

1. Sambhal and the perils of judicial evasion

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Indian Polity – Judiciary

Context

The Supreme Court’s handling of the Sambhal Masjid case highlights concerns about judicial inactivism and reluctance to enforce the Places of Worship Act, 1991. This Act, designed to uphold secularism and religious harmony, has faced challenges and delays. The case underscores the need for decisive judicial action to maintain constitutional values.

Judicial Inactivism and the Duty to Decide

• Scholar Chad M. Oldfather introduced the concept of “judicial inactivism,” emphasizing that judicial inaction can have significant consequences, comparable to those of judicial action.
• He highlighted that failures in judicial responsibility are harder to detect than overreach, making inactivism a more concerning issue.

Judicial Deferment in the Sambhal Masjid Case

• The Supreme Court’s handling of the Sambhal masjid case in Uttar Pradesh exemplifies judicial deferment, as it avoided providing a decisive resolution.
• The Court directed the civil court to freeze proceedings related to a mosque survey and referred the petitioner to the Allahabad High Court.
• The order aimed to provide temporary relief amidst heightened tensions, which had resulted in loss of lives.
• The Court urged all parties to maintain peace and harmony, earning support from certain minority groups.

Concerns Over Judicial Evasion

• Judicial evasion has broader implications, as demonstrated in India’s legal history, including the current situation regarding the Places of Worship (Special Provisions) Act, 1991.
• The Act, designed to maintain the religious character of places of worship as of August 15, 1947, has faced challenges and delays in adjudication.
• Despite its constitutional values of fraternity and secularism, the Act has been breached by courts, including the Supreme Court, and remains under judicial review.

Key Provisions of the Places of Worship Act, 1991

Section 3: Prohibits the conversion of places of worship from one religion to another. Section 4 (1): Declares that the religious character of a place as of August 15, 1947, shall remain unchanged. Section 4 (2): Bars legal proceedings regarding the religious character of places of worship post-promulgation of the Act. Section 6: Stipulates penalties for violations, including imprisonment for up to three years and fines.

Historical Context and Parliamentary Intent

• The Act was enacted to counteract communal efforts to exploit historical grievances for political gains.
• The judiciary’s reluctance to assert the Act’s validity perpetuates uncertainties in litigation, undermining its objectives.

Earlier Instances of Judicial Deferment

• Shaheen Bagh Protests (2020): The Court formed a committee to mediate without addressing the legality of the Citizenship (Amendment) Act.
• Farm Laws Protests (2021): Instead of deciding on the farm laws’ validity, the Court established a committee to negotiate between farmers and the government.
• Both instances reflect the Court’s avoidance of its primary duty to adjudicate.

The Sambhal Masjid Case and the Ayodhya Judgment

• The Court’s deferment in the Sambhal case echoes its failure to uphold the 1991 Act, despite its recognition of the Act’s constitutional significance in the Ayodhya judgment (2019).
• In the Gyanvapi Mosque Committee case (2023), the Court contradicted its own stance by allowing a mosque survey, further undermining the Act.

Judicial Will and Future Prospects

• The Sambhal case presented an opportunity for the Court to reaffirm the 1991 Act’s validity and address the issue definitively.
• The special Bench hearing on the Act’s validity offers another chance for the judiciary to rectify its past lapses and uphold constitutional values.

PYQ: Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (200 words/12.5m) (UPSC CSE (M) GS-2 2014)

Practice Question:  Discuss the significance of the Places of Worship (Special Provisions) Act, 1991, in preserving India’s secular fabric. Analyze the implications of judicial inactivism on its enforcement, citing recent examples. (150 Words /10 marks)

2. Deepening India’s steps as a key space-faring nation

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Governance, GS3 – Science and Technology

Context

India aims to strengthen its space program through reusable rockets like ISRO’s Next Generation Launch Vehicle (NGLV), enhancing payload capacity and reducing costs. The NGLV supports missions like Gaganyaan and a future space station, pivotal for strategic autonomy in space. Leveraging private sector innovation is essential for achieving these ambitious goals.

India’s Ambitious Space Goals

• India has set ambitious targets for its space programme over the next two decades, aiming for strategic autonomy in space.
• Key milestones include the Gaganyaan mission, the development of the Next Generation Launch Vehicle (NGLV), and establishing a space station.
• The private sector is crucial for developing reusable rockets to support these goals.

ISRO’s Road Map

• India has grown from a nascent space programme in the 1960s to a leading space-faring nation.
• Gaganyaan Mission:
  • Aims to send an Indian crew to space, demonstrating human-spaceflight capability.
• Future Goals:
  • Develop a sustained presence in space with an Indian space station.
  • Expand human-spaceflight capabilities to include lunar missions.
• Achieving these objectives requires advanced uncrewed lunar missions, development of human-centric technologies, and new, powerful rockets.

The Next Generation Launch Vehicle (NGLV)

• Features of NGLV:
  • Heavy-lift capability that triples the payload of the current LVM3 (GSLV Mk III).
  • Reusable components, ensuring cost efficiency.
• Advantages:
  • Enables larger payloads, reducing the need for miniaturisation or weight restrictions.
  • Facilitates high-frequency and cost-effective space missions.
• Reusability:
  • Saves costs by allowing rockets to return to Earth for reuse.
  • Balances reduced payload capacity with financial viability.
• Development Timeline:
  • The NGLV is slated for completion over the next eight years.

Immediate Needs for Heavy-Lift Rockets

• Current missions highlight the limitations of existing rockets like the LVM3.
• Uncrewed Moon Mission(Gaganyaan):
  • Requires two LVM3 rockets to assemble modules in space before proceeding to the moon.
• GSAT-N2 Launch:
  • Used SpaceX’s Falcon 9 due to its higher payload capacity (4,700 kg vs. LVM3’s 4,000 kg to GTO).
• Comparison with SpaceX:
  • SpaceX’s reusable Falcon 9 and Starship have significantly higher payload capabilities, outpacing India’s current rockets.

Private Sector Involvement

• Leveraging the private sector can diversify and enhance India’s heavy-lift rocket capabilities.
• Potential Strategies:
  • Award contracts to private players for developing reusable rockets with milestone-based funding.
  • Encourage foreign collaborations to fill gaps in technical expertise.
• Benefits:
  • Creates redundancy and increases launch frequency.
  • Promotes innovation, infrastructure development, and technical capability, even in case of delays.

Building a Robust Space Ecosystem

• India must develop a strong industrial base for sustainable and strategic access to space.
• A resilient supply of space transportation services is critical for satellite-based development, lunar exploration, and interplanetary missions.
• Strengthening public-private collaboration will ensure India’s leadership in the global space economy.

PYQ: What is the main task of India’s third moon mission which could not be achieved in its earlier mission? List the countries that have achieved this task. Introduce the subsystems in the spacecraft launched and explain the role of the Virtual Launch Control Centre’ at the Vikram Sarabhai Space Centre which contributed to the successful launch from Sriharikota.  (250 words/15m) (UPSC CSE (M) GS-3 2023)

Practice Question:  Discuss the significance of ISRO’s Next Generation Launch Vehicle (NGLV) and suggest measures to foster public-private collaboration for achieving sustainable space capabilities.  (150 Words /10 marks)