UPSC Essentials | Mains answer practice — GS 2 : Questions on Supreme Court’s ruling on the classification of SCs and STs and India-Bangladesh relations (Week 63)

QUESTION 2

Discuss the significance of India’s relationship with Bangladesh in the context of regional cooperation and development. Highlight the recent developments between the two countries.

General points on the structure of the answers

Introduction

— The introduction of the answer is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.

— It may consist of basic information by giving some definitions from the trusted source and authentic facts.

Body

— It is the central part of the answer and one should understand the demand of the question to provide rich content.

— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.

— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.

QUESTION 1: Discuss the recent judgement of the Supreme Court on the classification of SCs and STs. What were the key issues before the bench?

Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.

Introduction:

— In a landmark judgement, a seven-judge Bench of the Supreme Court reframed how the Scheduled Castes (SC) and Scheduled Tribes (ST) quota may operate.

— In a 6:1 ruling, the Bench headed by Chief Justice of India D Y Chandrachud allowed states to create sub-classifications within the SC and ST categories for wider protections — through fixed sub-quotas — to the most backward communities within these categories.

— The ruling had five in favour of sub-classification and one dissent by Justice Bela Trivedi.

Body:

You may incorporate some of the following points in the body of your answer:

— According to Article 341 of the Constitution, the President may list as SC “castes, races, or tribes” that have suffered from the historical wrong of untouchability via a public notification.

— Punjab issued a notification in 1975 granting first preference in SC reservations to the Balmiki and Mazhabi Sikh communities, two of the state’s most backward populations. This was challenged in 2004 after the Supreme Court overturned a similar law in Andhra Pradesh, E V Chinnnaiah.

— The court ruled that any attempts to differentiate the SC list amounted to fiddling with it, which the Constitution did not authorise governments to do. The court also stated that subclassifying SCs violates the right to equality guaranteed by Article 14.

— Based on this decision, in Dr. Kishan Pal v State of Punjab (2006), the Punjab & Haryana High Court overturned the aforementioned 1975 notification. However, the Punjab government passed the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006, which reinstated the Balmiki and Mazhabi Sikh communities’ first choice in reservations.

— Davinder Singh, a non-Balmiki, non-Mazhabi Sikh SC community member, filed a challenge to this Act. In 2010, the HC struck down the Act, prompting an appeal to the Supreme Court.

— In 2014, the matter was assigned to a five-judge Constitution Bench to decide whether the E V Chinnaiah decision should be revisited.

— In 2020, the Justice Arun Mishra-headed Constitution Bench in Davinder Singh v State of Punjab held that the court’s 2004 decision required reconsideration. The ruling noted that the court and the state “cannot be a silent spectator and shut its eyes to stark realities”.

Issues associated with the bench

Are all castes in the SC list to be treated similarly?

— The court in E V Chinnaiah ruled that SCs must be treated equally because the Constitution intended the same benefits for all, regardless of their specific relative backwardness.

— In a recent decision, CJI Chandrachud rejected this premise, stating that “the inclusion [on the Presidential list] does not automatically lead to the formation of a uniform and internally homogeneous class which cannot be further classified.”

— The CJI referred to the Presidential list of SCs as a “legal fiction” – something that does not exist in reality but is “treated as real and existing for the purpose of law”.

Can states ‘tinker’ with or sub-classify the Presidential list?

— In E V Chinnaiah, the court ruled that the power granted under these articles was restricted to giving quotas in education and public employment to the state’s backward classes. It ruled that once reservations had been made for SCs as a whole, “it is not open to the State to sub-classify a class already recognised by the Constitution and allot a portion of the already reserved quota amongst the State created sub-class” within the SC list.

— In an up-to-date decision, the majority opinion ruled that “the State in exercise of its power under Articles 15 and 16 is free to identify the different degrees of social backwardness and provide special provisions (such as reservation) to achieve the specific degree of harm identified” .

What is the yardstick for sub-classification?

— The CJI underlined that any form of representation in public services must be in the form of “effective representation”, not merely “numerical representation”. As a result, even if an SC community is represented adequately just by the numbers, they may be barred from achieving “effective” representation by being promoted to higher posts. So the state must prove that the “group/caste carved out from the larger group of Scheduled Castes is more disadvantaged and inadequately represented, and this must be based on quantifiable data”.

Does the ‘creamy layer’ principle apply to Scheduled Castes?

— Only Justice Gavai’s judgement supports adopting the ‘creamy layer’ exception for SCs (and STs), which is already in place for Other Backward Classes. This notion establishes an income ceiling for reservation eligibility, guaranteeing that the beneficiaries are those in a community who require quotas the most. Four of the seven judges, Justices Vikram Nath, Pankaj Mithal, and Satish Chandra Sharma, concurred with Justice Gavai on the issue.

(Source: Supreme Court’s verdict on sub-classification of SCs and STs by Ajoy Sinha Karpuram)

Points to Ponder

Articles 15 and 16 of the Constitution of India

Article 341(1) and 341(2)

Related Previous Year Questions

“The most significant achievement of modern law in India is the constitutionalisation of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (2022)

‘The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution.’ Discuss critically. (2013)

QUESTION 2: Discuss the significance of India’s relationship with Bangladesh in the context of regional cooperation and development. Highlight the recent developments between the two countries.

Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.

Introduction:

— India and Bangladesh share history, language, culture, and a plethora of other similarities. Bilateral ties are a comprehensive partnership based on sovereignty, equality, trust, and understanding that extends beyond strategic partnerships.

— The two countries have committed to focus on the unfinished agenda of connectivity, which includes reducing visa procedures, allowing for freer movement of products, facilitating cross-border energy and electrical flows, and constructing digital bridges.

— Bangladesh has also emerged as one of India’s key trading partners. Free trade across India’s longest border with the Subcontinent’s second-largest economy is an urgent regional priority in light of the global economic order’s disintegration.

Body:

You may incorporate some of the following points in the body of your answer:

Recent developments

— The year 2023 saw an increase in bilateral activities between the two countries, demonstrating the strength of their partnership. Both Prime Ministers launched the India-Bangladesh Friendship Pipeline.

— During the sixth Indian Ocean Conference, three memorandums of understanding were signed in the areas of digital payment methods, cultural interaction, and agricultural research.

— In November 2023, both Prime Ministers jointly launched three Indian-assisted development cooperation projects:

(i) Akhaura-Agartala cross border rail link;

(ii) Khulna-Mongla Port rail line; and

(iii) Unit II of Maitree Super Thermal Power Plant.

— There is active cooperation between many authorities of both countries in combating illicit drug trafficking, counterfeit currency, human trafficking, and collaborating on police problems and anti corruption initiatives, among other things.

— Significant bilateral interactions occurred in the defence sector in 2023, with the Indian and Bangladesh Armed Forces Chiefs paying incoming and outgoing visits.

— Five pre-1965 rail connections between India and Bangladesh have been rehabilitated:

(i) Haldibari (India) – Chilahati (Bangladesh),

(ii) Petrapole (India)-Benapole (Bangladesh),

(iii) Gede (India) – Darshana (Bangladesh),

(iv) Singhabad (India) – Rohanpur (Bangladesh), and

(v) Radhikapur (India) – Birol (Bangladesh)

— Cooperation in the power and energy sectors has become a critical component of India-Bangladesh ties. Bangladesh now imports 1160 megawatts of power from India.

— Human resource development is an important component of India’s development assistance efforts in Bangladesh, which include a variety of continuing education programs and scholarships. The Indian government has been educating Bangladesh Civil Service officials, police officers, judicial officials and judges, and professionals at various prestigious training schools in India.

Conclusion:

— February 21 is also celebrated in Kolkata as Language Movement Day in Bangladesh, and UNESCO declared it as International Mother Language Day in 1999.

— Rivers and streams have acted as the nations’ connecting tissue. This has resulted in a riverine culture in which people from both sides of the border share customs, rituals, nature worship, and even holidays like Durga Puja, regardless of religion or geography.

(Source: India-Bangladesh ties: A shared vision, Bengal and Bangladesh are bound together by more than just language by Rinku Ghosh, http://www.mea.gov.in)

Points to Ponder

India-Bangladesh Border

What is a Land Boundary Agreement?

Ongoing developments and issues

Places in news (India-Bangladesh railways, ports)

Related Previous Year Questions

‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in the light of the preceding statement. (2022)

The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India? (2013)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 1 (Week 61)

UPSC Essentials: Mains answer practice — GS 1 (Week 62)

UPSC Essentials: Mains answer practice — GS 2 (Week 62)

UPSC Essentials: Mains answer practice — GS 2 (Week 61)

UPSC Essentials: Mains answer practice — GS 3 (Week 63)

UPSC Essentials: Mains answer practice — GS 3 (Week 62)

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