29 June 2023 : The Hindu Editorial

The Hindu Editorial

29-June-2023

Daily Current Affairs For UPSC ,The Hindu Editorial Summary

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1. Manifestly arbitrary, clearly unconstitutional.

Topic: GS2 – Indian polity.

 Context:

• The Delhi Services Ordinance has increased tussle between central government and Delhi government.
• The Delhi Services Ordinance transfers control of services from the elected government of Delhi to the central government, undermining core principles of democracy and representative governance. It is seen as unconstitutional and may be subject to further legal challenge.

 Why in the news?

• In 2015, the central government took control over services in the National Capital Territory (NCT) of Delhi after the Aam Aadmi Party’s victory in the Legislative Assembly elections.
• This action initiated an eight-year legal battle between the Delhi government and the central government.
• The dispute went through four rounds of litigation in the Supreme Court of India.
• In May 2023, the Supreme Court ruled in favor of the Delhi government.
• However, the central government responded by issuing an ordinance amending the Government of National Capital Territory of Delhi Act of 1991.
• The ordinance aimed to reverse the Court’s judgment and deprived the Delhi Legislative Assembly of its power to enact laws regarding services in the NCT.
• Instead, a parallel body was established, consisting of the Chief Minister and two bureaucrats, to make service-related decisions for Delhi.

Key provisions of The Delhi Services Ordinance:

• The ordinance gives the Lieutenant Governor (LG) of Delhi the power to make transfers and postings of all civil servants in the National Capital Territory (NCT).
• It also establishes the National Capital Civil Service Authority (NCCSA), which will be headed by the Chief Minister of Delhi and will have two other members, the Chief Secretary and Principal Home Secretary of Delhi. The NCCSA will be responsible for making recommendations on transfers and postings, and also disciplinary matters involving IAS and DANICS officers.
• In case of a difference of opinion, the LG’s decision will be final. This means that the elected government of Delhi will no longer have the final say on transfers and postings of civil servants.
• The ordinance also gives the LG the power to summon, prorogue, and dissolve the Delhi Assembly. This is a significant power, as it gives the LG the ability to control the legislative agenda of the Assembly.

Issues associated with The Delhi Services Ordinance:

• The ordinance has been met with criticism from the Aam Aadmi Party (AAP) government in Delhi, which has argued that it is unconstitutional and violates the principles of federalism. The AAP government has also said that the ordinance will hamper the functioning of the Delhi government and prevent it from delivering services to the people.
• The central government has defended the ordinance, saying that it is necessary to ensure the smooth functioning of the administration in Delhi. The government has also said that the ordinance does not violate the principles of federalism, as the LG is still bound by the advice of the Council of Ministers.

Tussle between Central government and Delhi government:

Delhi government’s stand:

• The central government justifies the ordinance based on the need to balance interests between the Delhi government and the government at the Centre, as well as the authority granted to Parliament under Article 239AA of the Constitution.
• However, Delhi government of AAP argues that these justifications fail to address the fundamental constitutional flaw of the ordinance, which violates core principles of democracy, representative governance, and a responsive administration.
• It is being discussed that concept of the “triple chain of accountability” is crucial to representative democracy, where civil servants are accountable to the cabinet, the cabinet is accountable to the legislature, and the legislature is accountable to the electorate.
• The Delhi Services Ordinance severs the triple chain of accountability by placing services under the control of the central government, undermining the constitutional principles and structure established by Article 239AA.
• The ordinance lacks a specific reason or concrete justification and unconstitutionally transfers power from Delhi to the Centre.

Central government’s stand on the matter:

• The central government’s stand on the Delhi Services Ordinance is that it is necessary to ensure the smooth functioning of the administration in Delhi.
• The Central government has argued that the ordinance does not violate the principles of federalism, as the LG is still bound by the advice of the Council of Ministers.
• The government has also said that the ordinance is in line with the Supreme Court’s judgment in the Kejriwal v. Union of India case, which held that the LG has “residual powers” in matters relating to the administration of Delhi.
• The Central government has alleged that the AAP government has been using its control over transfers and postings to reward its supporters and punish its critics.
• And the ordinance is necessary to prevent the elected government of Delhi from interfering in the working of the bureaucracy.

Ordinance making power of President of India:

• The power of the President of India to issue ordinances is derived from Article 123 of the Indian Constitution.
• This article grants the President the authority to promulgate ordinances when both houses of Parliament are not in session, and immediate action is deemed necessary.
• An ordinance must be laid before both houses of Parliament within six weeks from the reassembly of Parliament. If the ordinance is not approved by Parliament within this time limit, it ceases to operate.

Source: https://www.thehindu.com/opinion/lead/manifestly-arbitrary-clearly-unconstitutional/article67020386.ece

Model question: The Delhi Services Ordinance, 2023 has been challenged in court on the grounds that it violates the principles of federalism. Discuss the merits of this argument. (10 Marks)

2. Rankings, and the realities of higher education.

Topic: GS3 – Higher education. 

Context:

• The National Institutional Ranking Framework (NIRF) released the India Rankings for 2023, evaluating higher education institutions in various categories and subject domains.

About The National Institutional Ranking Framework (NIRF):

• The rankings are based on five parameters:

1. Teaching, learning and resources
2. Graduation outcome
3. Research and professional practices
4. Outreach and inclusivity
5. Perception

• Institutions are assigned ranks based on the sum of marks obtained on each parameter.
• The rankings provide insights into the quality of teaching, learning resources, research output, and inclusivity of institutions.
• The recent ranking underlines that policy-makers should consider addressing concerns related to teaching quality, research opportunities, industry collaboration, and inclusive practices in higher education.
• The availability of reliable and comprehensive data is crucial for accurate evaluation and effective policy-making in the education sector.

Important details of recent National Institutional Ranking Framework (NIRF):

• Only 12.3% of higher educational institutions participated in the NIRF ranking process, raising concerns about the lack of information on parameters for the remaining 87.7% of institutions.
• The ranking framework exhibits an urban bias, with a limited presence of colleges from rural areas, despite a significant proportion of universities and colleges being located in rural regions.
• There is a significant disparity between the quantity and quality of colleges in different states, with Tamil Nadu, Delhi, and Kerala dominating the top 100 rankings, while states like Uttar Pradesh lack representation.
• Private institutions generally have lower rankings compared to government institutions, highlighting the need to improve the quality of private universities and serve students in rural areas.
• In the field of engineering, a significant percentage of institutions do not adhere to the AICTE-prescribed faculty-student ratio of 1:20, indicating the need for improved faculty strength in the discipline.

Concerns about lack of Scientific publications by Indian institutions:

• Only 12.3% of participating institutions in the NIRF rankings contribute close to 90% of India’s scholarly output, indicating a concentration of research productivity in a small number of institutions.
• In engineering, almost all scientific publications (99.98%) come from institutions participating in the rankings, highlighting the limited research output from non-participating institutions.
• In management, 50% of institutions applying for rankings had zero publications, suggesting a need for improved research culture in management education.

Issues with methodology adopted in National Institutional Ranking Framework (NIRF):

• Overemphasis on research: The NIRF ranking gives a significant weightage to research and professional practice. This has led to criticism that the ranking is biased towards institutions that focus on research, and that it does not adequately assess the quality of teaching and learning in other institutions.
• Reliance on bibliometrics:The NIRF ranking uses bibliometric data to assess the research performance of institutions. This data can be unreliable, as it can be manipulated by institutions to improve their ranking.
• Lack of transparency:The NIRF ranking does not disclose the methodology used to calculate the scores for each parameter. This makes it difficult to assess the validity of the ranking.
• Inclusion of subjective parameters:The NIRF ranking includes some subjective parameters, such as the perception of experts. This can lead to bias in the ranking, as experts may have different opinions about the quality of different institutions.
• Urban Bias: The ranking framework has been criticized for its inherent urban bias. The parameters chosen and the emphasis on certain criteria may favor institutions located in urban areas, leading to a lack of representation and recognition for colleges and universities in rural areas.

Possible policy interventions that can address these issues:

• Rebalance the weightage given to different parameters:The methodology adopted should not give too much importance to research and professional practice. This will help to ensure that the ranking is more inclusive and that it adequately assesses the quality of teaching and learning in all institutions.
• Use more reliable data:The NIRF ranking should use more reliable data to assess the research performance of institutions. This could include data from peer review, as well as data from impact factors and citations.
• Increase transparency: The NIRF ranking should increase transparency by disclosing the methodology used to calculate the scores for each parameter. This will help to make the ranking more credible and to ensure that it is fair and impartial.
• Remove subjective parameters:The NIRF ranking should remove subjective parameters, such as the perception of experts. This will help to reduce bias in the ranking and to ensure that it is based on objective criteria.

Source: https://www.thehindu.com/opinion/op-ed/rankings-and-the-realities-of-higher-education/article67019516.ece

Model question: Discuss the National Institutional Ranking Framework (NIRF) in India and its significance in evaluating higher education institutions. Highlight the parameters used for ranking, the criticisms associated with the methodology, and the key issues that warrant policy attention. (20 Marks).

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