13 March 2024 : The Hindu Editorial Notes PDF

The Hindu Editorial

13-March-2024

1. Intra-group caste variances, equality and the Court’s gaze.

Topic: GS1 – Indian society –  Social Empowerment GS2 – Social Justice – Vulnerable Sections, GS2 – Polity – JudiciaryThe article delves into State governments’ power to sub-classify SCs and STs, crucial for UPSC aspirants studying constitutional provisions and affirmative action.

Context

The Supreme Court of India will rule on whether State governments can sub-classify within Scheduled Castes and Scheduled Tribes, addressing implications for affirmative action and constitutional equality.

 Introduction:

• A seven-judge Bench of the Supreme Court will rule on State governments’ power to sub-classify within Scheduled Castes (SC) and Scheduled Tribes (ST) in public employment.

Background and Significance:

• The case involves a circular by Punjab in 1975, reserving 50% of SC seats for Balmikis and Mazhabi Sikhs, later struck down.
• Punjab persisted, passing the 2006 law favouring Balmikis and Mazhabi Sikhs, again declared unconstitutional by the High Court.

The 2004 Chinnaiah case:

• The 2004 Chinnaiah case involved the Supreme Court quashing Andhra Pradesh’s law that attempted to amend the Scheduled Castes list, emphasizing parliamentary exclusivity in such matters.
• A 2020 Supreme Court appeal doubted Chinnaiah’s correctness, prompting the present seven-judge Bench.

Constitutional Aspect:

• The case addresses whether State governments can sub-classify SCs and STs, involving Parliament’s exclusive domain.
• Article 341 prohibits modifying the President’s SC list, raising questions about intra-group variances and reservations.

Legal Precedents:

• In Chinnaiah case (2004) apex court quashed Andhra Pradesh’s law for amending the SC list, emphasizing parliamentary exclusivity.
• The Court, in 2020, questioned Chinnaiah, referring to the Indra Sawhney case, allowing OBC sub-classification.

Equality and Caste Dynamics:

• The Constitution’s Articles 14 to 16 promise substantive equality, recognizing historical caste-based discrimination.
• Reservations should align with the constitutional vision, correcting historical wrongs and ensuring substantive equality.
• The government’s positive duty, as per State Of Kerala vs N.M. Thomas (1975), involves making reservations and ensuring equality.

Punjab’s Approach:

• Punjab’s law doesn’t modify the President’s list but accounts for inter se backwardness by giving preference to Balmikis and Mazhabi Sikhs.
• The sub-classification aims to address inadequacies in existing reservation measures, constitutionally obligated to correct historical wrongs.

Constitutional Interpretation:

• Article 341 does not explicitly prohibit sub-classification; it restricts State governments from altering the President’s SC list.
• The sub-classification, not modifying the list, aligns with the constitutional theory allowing reasonable classifications for achieving equality.

Judicial Duty and Equal Opportunity:

• The Supreme Court, in N.M. Thomas, acknowledged governments’ power and duty to make reservations, emphasizing equal opportunity.
• State authority to provide special measures to the most discriminated castes within SCs and STs must fulfill the constitutional dream of equality.

Conclusion:

• The judgment will clarify whether State governments can sub-classify within SCs and STs, addressing historical discrimination and ensuring equal opportunity.
• In this landmark case, the Supreme Court’s decision will have far-reaching implications for affirmative action, reservations, and the pursuit of substantive equality under the Indian Constitution.

Sub-Classification of scheduled castes

Advantages: Enhanced Representation: Sub-classification allows for a more nuanced representation within Scheduled Castes, ensuring that the specific needs of various groups are addressed adequately. Targeted Welfare Programs: Tailoring welfare initiatives based on sub-classifications enables more targeted and effective distribution of resources, addressing the unique challenges faced by different sub-groups. Empowerment through Education: Sub-classification can lead to targeted educational interventions, addressing specific barriers to education within sub-groups and promoting empowerment through knowledge. Employment Opportunities: By recognizing distinct challenges faced by sub-groups, sub-classification facilitates the creation of employment opportunities that cater to the unique skill sets and circumstances of each sub-category. Challenges: Identification Complexity: Determining sub-classifications may be challenging, as it requires a nuanced understanding of socio-economic factors, historical injustices, and cultural nuances that vary across regions. Potential for Discrimination: Sub-classification might inadvertently perpetuate discrimination or hierarchies within Scheduled Castes, potentially leading to social divisions and conflicts. Administrative Burden: Implementing and managing sub-classification can pose administrative challenges, including accurate data collection, monitoring, and evaluation. Policy Fragmentation: Sub-classification may lead to fragmented policy approaches, making it essential to strike a balance between targeted interventions and maintaining a cohesive framework for social inclusion.

PYQ: Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. (150 words/10m) (UPSC CSE (M) GS-1 2020)

Practice Question:  How the Supreme Court’s judgement on State sub-classification within SCs and STs can potentially impact constitutional equality and affirmative action? Discuss. (150 Words /10 marks)

2. A new sense of urbanisation that is dominating

Topic: GS1 – Indian society – Urbanization, their problems and their remedies. UPSC aspirants benefit from understanding the shifting paradigm in urban development, merging political and religious roles, and the state’s role in resource allocation.

Context

The article discusses the inauguration of India’s new Parliament building and the Ram temple, examining the evolving paradigm of urban development – Questioning the merging of political and religious roles, and emphasizing the need for social good over religious investments.

 Introduction:

• Recent events, including the inauguration of the new Parliament building and the Ram temple by the Prime Minister, raise questions about the merging of political and religious roles.

Religious Cities as Urban Paradigm:

• The inauguration of the Ram temple and substantial investments in Ayodhya’s infrastructure prompt speculation about religious cities becoming a new model of urban development.

Colonial vs. New Cities:

• Traditional cities developed over the past two centuries were designed for industrialization and transport of goods, while new cities like Ayodhya, Kashi, and Pushkar are envisioned as symbols of modernism.

Modernism in Cities:

• Colonial cities incorporated modernist features in architecture, culture, literature, and human behaviors, with influences from architects like Le Corbusier and Habib Rahman.
• Modern towns were designed with spaces for theater, culture, art, and recreation, emphasizing inclusivity in design and development.

Changing Urbanization Dynamics:

• The current urbanization phase challenges the idea that cities are centres of enlightenment, workplaces, and habitats, shifting towards being centres of pilgrimage and faith.
• Corporates invest heavily in small towns like Ayodhya, altering the traditional understanding of cities as primarily workplaces.

Revivalism and Faith-Centric Urbanization:

• A new form of urbanization in India aligns cities with the majority religion, merging systems with faith rather than separating them.
• Massive investments in Ayodhya and other projects, such as the Central Vista, Sardar Patel statue, and the Ahmedabad-Mumbai bullet train, reflect this approach.

Role of the State and Social Good:

• The role of the state in building cities and directing investments comes into question.
• Democratic societies should direct surplus capital towards social good, focusing on building modern institutions, education, health, and social infrastructure.
• India’s current trend of allocating resources for religious projects reflects a form of centralization and ghettoization based on religious grounds.

Need for Decentralization and Democratisation:

• The answer to this trend lies in decentralization, democratisation, and dynamic coexistence, ensuring citizens have equal rights and access to resources.

Conclusion:

• The changing paradigm in urban development, emphasizing religious-centric models, raises concerns about the role of the state in directing resources and the need for a focus on social good in a diverse and democratic society.

PYQ: Discuss various social problems which originated out of the speedy process of urbanization in India. (200 words/10m) (UPSC CSE (M) GS-1 2013)

Practice Question:  How does the evolving paradigm in urban development, incorporating religious and political roles, impact India’s social fabric and state responsibilities? Discuss. (150 Words /10 marks)

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