UPSC Exam Comprehensive News Analysis. Aug 2nd, 2024 CNA. Download PDF (2024)

A. GS 1 Related

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Syllabus: Indian Constitution, reservation

Mains: Sub-classification of SCs

Context​: A seven-judge Constitution Bench of the Supreme Court, led by Chief Justice of India D.Y. Chandrachud, recently upheld the states’ right to sub-classify Scheduled Castes (SCs) within the Presidential List. The judgment, delivered by a 6:1 majority, emphasizes the constitutional need for such sub-categorization to achieve substantive equality. This landmark decision is grounded in the principles of social justice and aims to address intra-class disparities among SCs.

Background of the Judgment

• Indra Sawhney Case Reference: The Supreme Court referred to the Indra Sawhney case, which allowed the classification of backward classes into “backward” and “more backward” categories. Chief Justice Chandrachud noted that this principle applies to SCs as well.
• Sub-Classification for Substantive Equality: The judgment underscores that sub-categorization within SCs is a constitutional requirement when the social positions of various constituents are not comparable.

Key Aspects of the Judgment

• State’s Right to Sub-Classify: States can sub-classify SCs to provide more preferential treatment in public employment and education.
• Exclusion of Creamy Layer: Four judges on the Bench suggested extending the creamy layer principle to SCs and STs, arguing that affluent individuals should be excluded from reservation benefits to ensure these benefits reach the truly underprivileged.

Issues

Potential for Political Manipulation

• Apprehensions of Tinkering: Concerns about potential political tinkering to expand vote banks were acknowledged but deemed insufficient to negate the constitutional need for sub-classification.
• Judicial Vigilance: Continuous judicial oversight is necessary to prevent misuse of sub-classification for political gains.

Identification of Creamy Layer

• Criteria Development: The judgment calls for developing specific criteria to identify the creamy layer among SCs and STs, different from those applied to OBCs.
• Policy Formulation: The state must formulate policies to exclude the affluent within SCs and STs from reservation benefits.

Reasons and Causes

Intra-Class Disparities

• Unequal Social Positions: The judgment is based on the recognition that not all members of SCs share the same level of social and economic disadvantage.
• Historical Neglect: Certain sub-groups within SCs have historically faced greater neglect and discrimination, necessitating targeted affirmative action.

Constitutional Mandate

• Articles 15(4) and 16(5): These articles of the Constitution empower the state to make special provisions for the advancement of socially and educationally backward classes, including sub-classification for achieving substantive equality.

Significance

Ensuring Substantive Equality

• Targeted Benefits: Sub-classification ensures that the benefits of reservation reach the most disadvantaged groups within SCs.
• Real Equality: The exclusion of the creamy layer helps in achieving real equality by preventing affluent members from monopolizing reservation benefits.

Policy and Social Implications

• Affirmative Action Reforms: This judgment could lead to significant reforms in affirmative action policies, ensuring a more equitable distribution of benefits.
• Social Justice: It reinforces the commitment to social justice and the upliftment of the most marginalized sections of society.

Government Initiatives

State-Level Policies

• Reservation Acts: States like Tamil Nadu and Punjab have enacted laws to sub-classify SCs for reservations in education and employment.
• Policy Formulation: States are now encouraged to develop policies to identify and exclude the creamy layer among SCs and STs.

National Framework

• Central Guidelines: The central government may provide guidelines to states for implementing sub-classification and identifying the creamy layer.
• Monitoring Mechanisms: Establishing robust monitoring mechanisms to ensure compliance with sub-classification policies and prevent misuse.

Solutions

Developing Criteria for Creamy Layer

• Inclusive Criteria: Formulate criteria that consider social, economic, and educational parameters to identify the creamy layer among SCs and STs.
• Periodic Review: Regularly review and update the criteria to reflect changing socio-economic conditions.

Strengthening Policy Implementation

• Capacity Building: Enhance the capacity of state institutions to effectively implement sub-classification policies.
• Awareness Campaigns: Conduct awareness campaigns to educate stakeholders about the benefits and rationale behind sub-classification.

Judicial Oversight

• Constitutional Safeguards: Ensure that sub-classification policies are in line with constitutional safeguards and principles of social justice.
• Redressal Mechanisms: Establish mechanisms for addressing grievances related to sub-classification and reservation benefits.

Nut Graf: The Supreme Court’s judgment on sub-classifying SCs for quotas marks a significant step towards achieving substantive equality and social justice. By acknowledging intra-class disparities and advocating for the exclusion of the creamy layer, the judgment aims to ensure that affirmative action benefits reach the most disadvantaged sections of SCs.

D. GS 4 Related

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E. Editorials

Category: INTERNATIONAL RELATIONS

1. Propelling the U.K. and India story

F. Prelims Facts

1. RTE Act covers admissions to KG classes too, rules Madras HC

Context: The Madras High Court has recently ruled that the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which traditionally applies to children aged between six and 14, also encompasses admissions to kindergarten classes. This ruling clarifies that the Act’s objective to provide education from pre-school to eighth standard supersedes technical age constraints.

Key Points of the Ruling

• Case Background: The ruling came in response to writ petitions filed by parents whose children were denied admission to Lower Kindergarten (LKG) under the RTE Act by two private schools in Coimbatore.
• Judicial Interpretation: Justice Anita Sumanth highlighted that the overarching goal of the RTE Act is to ensure education from pre-school to eighth standard. This goal should take precedence over age-specific definitions within the Act.
• State’s Practice: The judge noted that the Tamil Nadu state government has been treating children below six years of age as beneficiaries under the RTE Act, providing financial support of ₹6,000 per annum for LKG and UKG classes.

Legal Basis

• Section 2(c) of the RTE Act: Defines a ‘child’ as a male or female child aged six to 14.
• Section 12(1) of the RTE Act: Refers to pre-school education, implying that the Act’s benefits extend from kindergarten to eighth standard.

Significance

Educational Inclusivity

• Broadened Scope of RTE Act: This ruling effectively broadens the scope of the RTE Act, ensuring that younger children, starting from kindergarten, are included in the ambit of free and compulsory education.
• Uniform Educational Standards: It reinforces the objective of the RTE Act to provide consistent educational opportunities across different states, despite varying age criteria for school commencement.

Policy Implications

• State-Level Implementation: Different states may need to revise their policies to align with this interpretation, ensuring that children below six years of age are covered under the RTE Act.
• Funding and Resources: There may be a need for increased funding and resources to support the inclusion of kindergarten admissions under the RTE Act.

Social Impact

• Enhanced Access to Education: The ruling ensures that children from economically weaker sections have access to early childhood education, setting a strong foundation for their future academic pursuits.
• Reduction in Dropout Rates: Early inclusion in the education system can help reduce dropout rates by engaging children at a younger age and fostering a culture of learning.

2. States can directly buy rice from FCI, says Food Minister

Context: The Union Food and Consumer Affairs Minister, Pralhad Joshi, announced that state governments can now purchase rice directly from the Food Corporation of India (FCI) under the Open Market Sale Scheme (Domestic) without participating in the e-auction. This decision aims to manage surplus stocks and streamline the procurement process following the kharif season.

Key Announcements:

• Direct Procurement: States can buy rice directly from FCI without e-auction.
• Price Adjustment: The price for states to procure rice is set at ₹2,800 per quintal, reduced from ₹2,900 per quintal, excluding transportation costs.
• Objective: To reduce surplus stock ahead of new procurement post-kharif season.

Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY):

• Extended Benefits: The scheme will continue to provide free foodgrains to 81.35 crore beneficiaries for five years starting January 1, 2024.
• Financial Outlay: The estimated financial burden on the Centre is ₹11.8 lakh crore.
• Fortified Rice Distribution: The Centre has completed the replacement of custom-milled rice with fortified rice across all government schemes.

Price Monitoring System (PMS):

• Version 4.0 Launch: The app now monitors the prices of 38 commodities, up from the previous 22.
• Newly Added Commodities: Bajra, jowar, ragi, suji, maida, besan, ghee, butter, brinjal, egg, black pepper, coriander, cumin seed, red chillies, turmeric powder, and banana.
• Vegetable Prices: The government addressed seasonal price hikes, such as stabilising tomato prices and offering subsidised tomatoes at ₹60 per kg.

Significance

Economic Impact:

• Cost Efficiency: Reducing the procurement price helps state governments manage their food security budgets more effectively.
• Surplus Management: Direct sales to states help FCI manage surplus stocks efficiently, preventing wastage and ensuring better resource allocation.

Social Impact:

• Food Security: Extending the PMGKAY ensures continued food security for a significant portion of the population, particularly the economically weaker sections.
• Nutritional Improvement: Distribution of fortified rice helps address malnutrition and improves the overall health profile of beneficiaries.

Market Stability:

• Price Monitoring: Expanding the PMS to include more commodities helps in better tracking and managing market fluctuations, ensuring price stability.
• Subsidised Commodities: Providing essential commodities at subsidised rates helps in controlling inflation and making basic goods accessible to the masses.