21 January 2025 : The Hindu Editorial Analysis

1. UGC’s draft regulation has serious constitutional issues

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

Topic: GS2 – Governance

Context

The University Grants Commission (UGC) has proposed a draft regulation on the selection and appointment of vice chancellors (VCs) of universities. Non-BJP-led State governments oppose the regulation, claiming it violates the federal principles of the Constitution.

Proposed Amendment by UGC

• The amendment seeks to revise Regulation 2010 regarding VC appointments by broadening the eligibility criteria.
• Previously, only academicians with a minimum of 10 years of experience as professors were eligible.
• The new proposal includes professionals with 10 or more years of experience in industry, public administration, or public policy.

Objective of the UGC Act, 1956

The UGC Act was enacted to coordinate and determine standards in universities.The UGC promotes university education and maintains standards of teaching, research, and examinations. The Act allows the UGC to:Allocate funds for the maintenance and development of universities. Recommend measures for improving education.Advise governments on grants to universities.Collect and share information related to university education.

Role and Limits of UGC

• Section 26 of the UGC Act allows the UGC to make regulations, but these must align with the Act’s objectives.
• The Act does not cover the selection or appointment of VCs, as these are determined by laws passed by respective legislatures.
• The selection and appointment of VCs do not directly impact the maintenance of educational standards, as confirmed by the Bombay High Court in Suresh Patilkhede vs The Chancellor Universities of Maharashtra and Others (2011).
• Therefore, the UGC’s regulation on VC appointments may exceed its authority and could be declared invalid.

Regulations vs. State Laws

• A significant constitutional question arises: Can UGC regulations override State laws?
• The Bombay High Court ruled that UGC regulations cannot override State laws since they are subordinate legislation.
• However, the Supreme Court in Kalyani Mathivanan vs K.V. Jeyaraj and Ors (2015) held that UGC regulations have binding authority over universities.
• The Supreme Court stated that parliamentary approval is necessary for regulations to be effective, but this interpretation of parliamentary procedure has been questioned.

Resolution Through Constitutional Provisions

• Article 254 of the Constitution addresses conflicts between State and central laws.
• Only central laws (passed by Parliament and assented to by the President) can override State laws.
• UGC regulations, as subordinate legislation, do not qualify as central laws under this Article.

Conclusion

• The UGC’s draft regulation exceeds its mandate under the UGC Act, raising constitutional concerns.
• It highlights the need for a balanced approach respecting federal principles and State autonomy.

Practice Question:  Discuss the constitutional and federal implications of the University Grants Commission’s draft regulation on the appointment of vice chancellors in Indian universities. (150 Words /10 marks)

2. Prioritising IMEC is in America’s best interest

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

Topic: GS2 – International Relations

Context

The India-Middle East-Europe Economic Corridor (IMEC) is a multilateral initiative to enhance trade, connectivity, and energy security, offering an alternative to China’s BRI.

Evolution of U.S.-India Relationship

• The U.S.-India relationship has become a vital strategic partnership, evolving since the 1990s under President Clinton’s administration.
• This partnership is supported by bipartisan consensus, focusing on economic growth, regional security, and democratic values.
• As global dynamics shift, the partnership’s significance grows, offering opportunities for mutual benefits.

The India-Middle East-Europe Economic Corridor (IMEC)

• IMEC, announced in 2023, is a visionary initiative connecting India, the Middle East, and Europe through advanced physical and digital infrastructure.
• It aims to develop efficient transportation routes like railways, shipping networks, and maritime links.
• Key components include cross-border electricity grids, hydrogen pipelines, and digital communication cables.
• IMEC’s goals are enhancing trade connectivity, reducing transportation costs, diversifying supply chains, and fostering deeper economic ties.

Opportunities for U.S. Leadership

• IMEC offers the U.S. a chance to strengthen its role in multilateral partnerships and align with India’s strategic interests.
• By supporting IMEC, the U.S. can provide an alternative to China’s Belt and Road Initiative (BRI).
• This initiative could ensure open trade routes, improve energy security, and promote technological innovation, benefiting American businesses.

Challenges in Implementing IMEC

• IMEC remains conceptual, requiring extensive planning and cooperation among participating nations.
• Significant infrastructure investments, competing national priorities, and private sector involvement are critical challenges.
• Corporate investors need clear paths to returns, making private sector engagement essential for success.

Role of Participating Nations

• Countries like France, Greece, Italy, UAE, and Saudi Arabia have taken proactive steps in IMEC’s development.
• France appointed a business leader, Gérard Mestrallet, to oversee the initiative, highlighting its economic potential.
• The UAE and Saudi Arabia view IMEC as a tool for strengthening ties with the West.
• Other nations, including Iraq and Türkiye, have initiated trade agreements to complement IMEC.

Benefits for India

• IMEC offers India substantial economic advantages, such as reduced trade costs and enhanced maritime logistics.
• The corridor reduces dependency on critical routes like the Suez Canal and attracts foreign direct investment.
• By positioning itself as an alternative to the BRI, India can strengthen its relations with West Asia and Europe.

Environmental Implications

• IMEC aligns with India’s green hydrogen ambitions, promoting clean energy and decarbonisation.
• Collaborations with Germany and Japan on green hydrogen can reduce emissions and create jobs in the green tech sector.

Conclusion

• The U.S. and India must lead IMEC, recognising its potential to reshape regional economic cooperation.
• The Trump administration’s efforts, such as the Abraham Accords, laid the groundwork for IMEC’s diplomatic conditions.
• Future leadership and coordination between India and the U.S. are crucial to IMEC’s success, ensuring its economic and environmental objectives are met.

Practice Question:  How does the India-Middle East-Europe Economic Corridor (IMEC) align with India’s strategic interests, and what challenges could hinder its successful implementation?(250 Words /15 marks)

3. We need distinguished jurists as judges

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS2 – Indian Polity – Judiciary

Context

India’s judicial system is facing a backlog crisis due to vacant judicial positions.Introducing distinguished jurists could be a solution to alleviate this issue.

Current Crisis in the Indian Judicial System

• A significant problem in India’s judicial system is the backlog of cases and vacant judicial positions.
• As of January 1, 2025, 371 out of 1,122 sanctioned posts in High Courts are vacant, with the Allahabad High Court operating at only 50% capacity.
• This situation has resulted in approximately 60 lakh cases pending across all High Courts.
• Delayed justice is eroding people’s faith in the judicial system, necessitating urgent measures by the judiciary and the government.

Challenges in Addressing the Problem

• Although Collegium recommendations and appointments have improved recently, they have not kept pace with retirements and rising case filings.
• Judges face an overwhelming workload, which affects the quality and depth of case deliberations.
• A well-staffed judiciary operating near full strength is essential for effective justice delivery.

Significance of Articles 124(3)(c) and 217(2)(c)

• Article 124(3)(c) allows for the appointment of distinguished jurists to the Supreme Court, but this provision remains unused.
• Article 217(2)(c), which enabled similar appointments to High Courts, was repealed without explanation.
• These provisions could address the crisis by appointing distinguished jurists, as is common in other countries like the U.S., Poland, and Spain.

Benefits of Appointing Academics to the Judiciary

• Distinguished jurists bring expertise, research-based insights, and critical thinking to complex cases, enriching judicial decision-making.
• Such appointments can bridge the gap between academia and practical judicial work, offering fresh perspectives.
• Including academic minds in the judiciary sends a positive message about valuing diverse expertise in the legal system.

Challenges of Appointing Academics

• Academics may lack courtroom experience, procedural knowledge, and familiarity with judicial limits.
• Resistance within the judiciary could hinder the acceptance of this innovative approach.
• Proper training and exposure to procedural aspects can help overcome these challenges.

Steps to Address the Issue

• The government must comply with Collegium recommendations promptly to fill vacancies.
• Reintroducing Article 217(2)(c) and invoking Article 124(3)(c) to appoint jurists to High Courts and the Supreme Court can be transformative.
• Leveraging the expertise of academics can strengthen the judiciary, reduce backlogs, and improve the overall quality of justice delivery.

Conclusion

• Tapping into the academic world as a resource will ensure a dynamic, robust judiciary that balances practical realities with constitutional principles.
• This step could significantly enhance judicial output and address the challenges of backlogs and vacancies.

Practice Question:  How can appointing distinguished jurists to judicial positions address India’s judicial backlog crisis? Critically analyze its benefits and challenges.(250 Words /15 marks)

For more such UPSC-related The Hindu editorial analysis: –20 January 2025 : The Hindu Editorial Analysis