UPSC Key | Expansion of reservation, HCES, PMLA and more

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The Editorial Page

In the name of merit

UPSC Syllabus:

Preliminary Examination: Indian Polity and Governance

Mains Examination: GS-II: Government policies and interventions for development in various sectors

What’s the ongoing story- Faizan Mustafa writes: An 87-page judgment by Chief Justice K Vinod Chandran and Justice Harish Kumar of the Patna High Court struck down 65 per cent reservation in Bihar. This expansion was based on the much-discussed Caste Survey of 2023. The verdict is consistent with the jurisprudence of the Supreme Court.

Prerequisites:

— What is the “strict scrutiny” doctrine?

— What is a caste survey?

— Constitutional Provisions: Article 15, 16, 330(2), 243D and 243T

— What are the different kinds of reservation in India?

Key takeaways: 

— The Indian Constitution promises social justice and permits the state to make special provisions in favour of the underprivileged… However, a closer look at the judicial response to these reservation policies demonstrates that our judiciary, through the “strict scrutiny” doctrine, has been quick to nullify such policies with respect to Jats, Gujjars, Marathas, Patidars and Muslims. The judiciary has seemed more concerned with “merit” and “efficiency in administration”.

— The judgment has categorically rejected the “proportionate representation” of Backward Classes and held that the term “proportionate” is alien to Articles 15 and 16. The expression “proportionate representation” has been used in Articles 330(2), 243D and 243T with respect to the representation of Scheduled Castes and Tribes in the Lok Sabha, panchayats and municipalities, respectively.

— Article 16 uses the term “inadequacy of representation”. The High Court rightly relied on Indra Sawhney (1992) in which the SC had observed that “adequate representation cannot be read as proportionate representation”.

— But then inadequacy is indeed related to the poor proportion of representation of any backward class and the impugned reservation was not really proportionate as Scheduled Castes, Scheduled Tribes and backward castes constitute 84.46 per cent of Bihar’s population.

— The other major ground for striking down the Bihar reservation amendment is the breach of the 50 per cent upper ceiling for reservation. In M R Balaji (1962), the SC came up with the judicial innovation of the 50 per cent limit, holding it per se violative of the right to equality.

— It has been consistently followed in a catena of judgments such as Devadasan (1964), N M Thomas (1976) and Indra Sawhney (1992). But even Indra Sawhney said that this limit need not be religiously adhered to in far-flung or remote areas or in areas that remain out of the mainstream of national life.

— Bihar has the lowest per capita income (less than $800) in the country — 30 per cent of what the average Indian earns — and the highest fertility rate. Only 12 per cent of its population lives in urban areas compared to the 35 per cent national average. The state’s college density is the lowest in the country and every third person lives below the poverty line. These are compelling reasons.

— The 50 per cent rule is justified in the name of efficiency and merit. The Patna High Court too observed that “merit… cannot be sacrificed completely”. No scientific or empirical research has proved that SC/ST/OBC employees, in the performance of their duties, are less efficient than employees recruited under the general category.

— Justice Chinnappa Reddy said that “the underlying assumption that those belonging of upper castes and classes who are appointed to non-reserved posts because of their ‘presumed merit’ naturally perform better than those who have been appointed to reserved posts and the clear stream of efficiency would be polluted by the infiltration of latter into the sacred precincts is a vicious assumption, typical of superior approach of elitists classes.”

— Justice Chandrachud in B K Pavitra II (2019) observed that we need to redefine our notions of merit in terms of a more inclusive and plural society. Merit cannot lead to exclusion.

For Your Information:

— About 50 per cent of Bihar’s workforce is involved in agriculture, which contributes less than 25 per cent of the state’s GDP. The big challenge for the state — like in several other parts of the country — is to reduce the dependency on farms by drawing investments in more productive sectors.

— It must also increase the educational pie, address skill deficits and bring Bihar’s fertility rate close to the national average. In doing so, the Nitin Kumar government should give special attention to marginalised and deprived communities.

Points to Ponder: 

— What is the need for reservation?

— What are the arguments for and against the 50% ceiling in reservation?

— What other initiatives can be taken by the government for the upliftment of the marginalised?

— What is an EWS reservation?

Post Read Question:

Consider the following statements: (UPSC CSE 2023)

Statement-I: The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II: Article 335 of the Constitution of India defines the term ‘efficiency of administration’.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-1

(c) Statement-I is correct but Statement-II is incorrect

(d) Statement-I is incorrect but Statement-II is correct

Other Important Articles Covering the same topic:

Bihar quota struck down: what is the 50% ceiling that court relied upon?

Clean air for the young

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-II, III: Government Intervention, environmental pollution

What’s the ongoing story- In yet another reminder of the severity of the problem, the State of Global Air (SoGA) Report 2024, released this week, shows that air pollution has become the second leading global risk factor for death.

Prerequisites:

— What are the causes of air pollution in India?

— Who releases the State of Global Air (SoGA) report?

— What are PM 10 and PM 2.5?

Key takeaways: 

— More alarming is the finding, which drew on data from 2021, that air pollution is the second leading risk factor for death among children below the age of five, with 709,000 out of 8.1 million of those who died that year belonging to this demographic.

— For India, where 2.1 million died due to air pollution, according to the SoGA report, the statistics are sobering: With 1,69, 400 of those dying being children under five, the country recorded the highest total number of deaths in this category.

— The heaviest price for air pollution oversight is paid by the most vulnerable, especially, as is clear now, by children. They inhale more air per kilogram of body weight and absorb more pollutants compared to adults. With their lungs, brains and other organs still developing and their body’s defence mechanisms still relatively weak, exposure to pollution sets them up for ailments like asthma, upper respiratory tract infection, childhood leukaemia and high blood pressure.

— Still, there is hope. The report notes that since 2000, the global death rate linked to air pollution, among children under five, has dropped by 53 per cent. This is mainly the result of expanding access to clean energy for cooking, improved healthcare access and nutrition as well as building awareness.

— With 42 out of the 50 most polluted cities in the world and where a 2022 study found that even municipal employees — who should be among the frontline workers driving the change — had little awareness of air pollution’s link to cancer and heart diseases, the challenge for India is steep. To face it, the health of its citizens, especially the young, must be at the heart of any solution.

For Your Information:

— The Air Quality Index (AQI) transforms complex air quality data of various pollutants into a single number for ease of understanding. The pollutants include PM 10, PM 2.5, Nitrogen Dioxide, Ozone, Carbon, etc.

Points to Ponder: 

— What is the significance of the AQI?

— How does air pollution impact children and vulnerable sections of society?

— What initiatives have been taken by the Indian government to control air pollution?

(Thought Process: Mention the initiatives of the government– National Clean Air Programme, Implementation of BS-VI norms, Sustainable Alternative Towards Affordable Transportation (SATAT),  Online Continuous Emission Monitoring System (OCEMS), and more)

Post Read Question:

Prelims

In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index? (UPSC CSE 2016)

1. Carbon dioxide

2. Carbon monoxide

3. Nitrogen dioxide

4. Sulfur dioxide

5. Methane

Select the correct answer using the code given below:

(a) 1, 2 and 3 only

(b) 2, 3 and 4 only

(c) 1, 4 and 5 only

(d) 1, 2, 3, 4 and 5

Mains

Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve revised standards? (UPSC CSE 2021)

Other Important Articles Covering the same topic:

PM 2.5, Sulphur Dioxide, and more: What are the pollutants in our air, and how they impact health

Air pollution killed 8.1 million globally, 2.1mn in India in 2021: Report

 

Explained

Cereal numbers

UPSC Syllabus:

Preliminary Examination: Economy

Mains Examination: GS-III: Economy

What’s the ongoing story-  India’s production of cereal grains has gone up over 1.5 times in the last two decades, according to the agriculture ministry.

But a rising share of that is going not for direct human consumption, but for use in processed form (as bread, biscuits, cakes, noodles, vermicelli, flakes, pizza base, etc) or for making animal feed, starch, potable liquor and ethanol fuel. This is evidenced by data from official household consumption expenditure surveys (HCES).

Prerequisites:

— What is the National Food Security Act?

— What is the household consumption expenditure surveys (HCES)?

— What are the latest findings of HCES?

Key takeaways: 

— The National Sample Survey Office’s latest HCES report reveals a steady decline in the quantity of cereals consumed by an average person per month – from 12.72 kg to 9.61 kg in rural and from 10.42 kg to 8.05 kg in urban India – between 1999-2000 and 2022-23.

— The overall per capita drop, using weights based on the rural-urban distribution of the HCES sample households, has been from 11.78 to 8.97 kg during this period.

— While direct household consumption has stagnated, even dipped, this isn’t so with production, which has significantly increased from 196.4 mt in 1999-2000 to 303.6 mt in 2022-23. The gap between officially estimated cereal production and HCES-based household consumption, too, has widened from hardly 48 mt in 1999-2000 and 29.5 mt in 2004-05 to nearly 151 mt in 2022-23.

— Part of the excess production is getting exported, i.e. going out of the country. In 2021-22 (April-March), India shipped out a record 32.3 mt of cereals.

— A second source of difference would be cereals consumed by households in processed form – bread, biscuits, noodles, etc.

— A third source is cereal grain used for manufacture of feed or industrial starch. The agriculture ministry has pegged India’s maize production in 2022-23 at 38.1 mt. The bulk of it – 90%, if not more – would have been used as the primary energy ingredient in poultry, livestock and aqua feed or for wet-milling and conversion into starch, which has applications in the paper, textile, pharmaceutical, food and beverage industries.

— Feed and starch manufacturing apart, cereal grains are also fermented into alcohol (after milling and converting their starch into sucrose and simpler sugars) and further distilled into about 94% rectified/industrial spirit or 99.9% ethanol.

For Your Information:

— The factsheet of the HCES survey report released earlier in February had shown that rural average monthly consumption spending per person increased to Rs 3,773 per month in 2022-23 from Rs 1,430 per person in 2011-12, a jump of 164 percent.

— This is higher than the 146 percent increase in urban average monthly consumption expenditure per person to Rs 6,459 in 2022-23 compared with Rs 2,630 per person in 2011-12.

— In rural India, food accounted for about 46 percent of the households’ consumption spending. In urban India, the share of food in average monthly per capita consumption expenditure (MPCE) in 2022-23 was about 39 percent.

Points to Ponder: 

— What is the significance of HCES?

— How the data on consumption of cereals help the policy makers?

Post Read Question:

Consider the following statements:

1. The Household Consumption Expenditure Survey (HCES) is conducted by the Niti Aaayog.

2. The survey aims to gather data on household consumption of goods and services and publish it every five years.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Other Important Articles Covering the same topic:

Consumption expenditure survey 2022-23: Households spent most on processed food; Haryana, Rajasthan saw highest spends on milk, Kerala on meats

Bail in money laundering cases, and the ‘twin test’ under PMLA

UPSC Syllabus:

Preliminary Examination: Indian Polity and Governance

Mains Examination: GS-II: Polity, Constitution 

What’s the ongoing story- A day after a trial court granted bail to Delhi Chief Minister Arvind Kejriwal who is in jail on charges under the Prevention of Money Laundering Act (PMLA), the Delhi High Court stayed the order.

Prerequisites:

— What is the Prevention of Money Laundering Act (PMLA)?

— What is the purpose of the Unlawful Activities Prevention Act (UAPA)?

— What is the right to equality?

— What is money bill?

— What is money laundering?

— How Anticipatory Bail is different from the Regular Bail or interim bail?

Key takeaways: 

— Section 45 of the PMLA, which deals with bail, first states that no court can grant bail for offences under this law, and then proceeds to mention a few exceptions. The negative language in the provision itself shows that bail is not the rule but the exception under PMLA.

— The provision makes it mandatory to hear the public prosecutor in all bail applications, and when the prosecutor opposes bail, the court is required to apply a twin test.

— These two conditions are: (i) that there are “reasonable grounds for believing that [the accused] is not guilty of such offence”; and (ii) that “he is not likely to commit any offence while on bail”.

— A two-judge Bench comprising Justices Rohinton Nariman and Sanjay Kishan Kaul struck down the bail provision as unconstitutional on the ground that the onerous conditions were not a reasonable classification. ‘Reasonable classification’ is a feature of the right to equality, which is a fundamental right.

— Legal experts have questioned the logic of equating money laundering with stringent anti-terror and narcotics laws when the offence of money laundering, however serious, carries a maximum sentence of only seven years. Only in money laundering cases where the scheduled offence involves narcotics, is the maximum sentence extended to 10 years.

— However, an accused can still get the benefit available under Section 436A of the Code of Criminal Procedure (CrPC), under which he is entitled to bail after serving half of the maximum sentence as an undertrial.

— This means that in most money laundering cases, if the Enforcement Directorate is not able to finish the trial within three and a half years, the accused is entitled to bail, irrespective of the twin test.

For Your Information:

— The PMLA, like the UAPA, lays down a stringent standard for granting bail. Section 45 of the PMLA is a ‘negative’ provision — which bars courts from granting bail unless the accused can prove that there is no “prima facie” case against them, and that they will not commit any offence in the future.

— The first challenge to PMLA was against the alternate criminal law system that the PMLA creates since the ED is kept outside the purview of the Code of Criminal Procedure (CrPC). The ED is not considered ‘police’, and hence does not follow the provisions of CrPC for searches, seizures, arrests, and attachment of properties.

Points to Ponder: 

— What is the similarity in the bail provision of PMLA and UAPA?

— What are the various amendments to the PMLA?

— What are Bailable and Non Bailable Offences in India?

— What are the concerns with the recently amended PMLA?

Post Read Question:

Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (UPSC CSE 2021)

Other Important Articles Covering the same topic:

How anti-money laundering law came to have a vast scope, granting police powers to ED

11 candidates apply to verify EVM burnt memory: what is this process?

UPSC Syllabus:

Preliminary Examination: Indian Polity and Governance

Mains Examination: General Studies II: Governance, Constitution and Polity.

What’s the ongoing story- In a first, 11 candidates in the recently-concluded 2024 Lok Sabha and State Assembly elections have applied for verification of the burnt memory of the Ballot Units and Control Units of electronic voting machines (EVMs), and of Voter Verified Paper Audit Trail (VVPAT) units.

Prerequisites:

— What is an electronic voting machine (EVM)? How does it work?

— What is VVPAT?

— What is the role of the Election Commission of India (ECI)?

Key takeaways: 

— While upholding the EVM-VVPAT system and rejecting the plea for a return to ballot papers and for 100% counting of VVPAT slips on April 26, the court directed the Election Commission of India (ECI) to allow second- and third-placed candidates to seek verification of burnt memories of EVMs and VVPATs of up to 5% of machines in an Assembly constituency or Assembly segment of a Lok Sabha constituency.

— The court said that candidates or their representatives “shall identify the EVMs [to be verified] by the polling station or serial number”, and “shall have an option to remain present at the time of verification”. Requests for verification have to be made within seven days of the declaration of the result, the court said.

— “The actual cost or expenses for the said verification will be notified by the ECI, and the candidate making the said request will pay for such expenses. The expenses will be refunded, in case the EVM is found to be tampered,” the court said.

— The ECI is yet to finalise the technical standard operating procedure (SOP). The technical SOP, including the methodology, will be released in time for the first set of verifications that are in likely in August.

For Your Information:

—  EVMs are used to cast a vote without revealing voters identity. It is used in Indian General and State Elections. It has replaced paper ballots in local, state and general (parliamentary) elections in India.

— EVMs have a life of 15 years, that is why all units manufactured during 2001 have been discarded now.

— The idea of the VVPAT machine first emerged in 2010, when the EC held a meeting with political parties to discuss the EVM and ways to make the polling process more transparent.

— The VVPAT was used for the first time in all 21 polling stations of the Noksen Assembly constituency of Nagaland in 2013, after which the EC decided to introduce VVPATs in a phased manner. From June 2017, 100% of VVPATs began to be used in polls, and the 2019 Lok Sabha elections became the first general election to have 100% of EVMs being attached to VVPATs.

Points to Ponder: 

— What are the benefits of EVM in the Elections as compared to the Ballot box?

— What measures can be taken to secure EVMs?

— What is the role of the ECI in conducting free and fair elections?

Post Read Question:

Prelims

Consider the following statements: (UPSC CSE 2017)

1. The Election Commission of India is a five-member body.

2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 3 only

Mains

In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC CSE 2018)

Other Important Articles Covering the same topic:

Supreme Court rejects return to ballot paper, poses questions on EVMs, counting process

Why VVPAT was brought in, why Opposition wants all slips verified

 

Economy

‘Reimburse GST to farmers, revive agricultural research’

UPSC Syllabus:

Preliminary Examination: Economy

Mains Examination: GS-III: Economy

What’s the ongoing story- To address challenges such as low income for farmers and stubborn food inflation, farmer associations and agriculture experts suggested to the government a slew of measures ranging from reviving agricultural research to reimbursing taxes on input material to farmers, sources in the know told The Indian Express.

Prerequisites:

— What is the Minimum Support Price (MSP)?

— What is the PM-Kisan Samman Nidhi?

— What is GST?

Key takeaways: 

— As climate change stoked food security concerns forcing the government to restrict exports of a number of items, experts suggested that the government should revive agriculture research that has historically paid rich dividends especially in the production of basmati rice that dominates export, it is learnt.

— Discussions also touched upon ways to extend the benefits under PM-Kisan Samman Nidhi to non-landowning farmers that comprise nearly 30 per cent of the workforce involved in crop production. Currently under the scheme, the government makes direct cash transfers to landowning farmers.

— To ease the pressure on farmers, farmer bodies are learnt to have sought a mechanism to reimburse the Goods and Services Tax (GST) that farmers pays on input materials such as fertilizers and pesticides.

— Additionally, they suggested that the government restrain from importing items below the Minimum Support Price (MSP) that would render domestic produce uncompetitive.

— To address sticky food inflation, experts suggested the creation of buffer stock of all important farm produce.

For Your Information:

— Challenges for farm sector: One, the climate is changing irreversibly for the worse. We are already witnessing the beginning of erratic climatic events impacting crop production and livelihoods.

— Two, the World Trade Organisation will not change and we will have to live with its iniquitousness.

— Three, the large number of small land holdings (85 per cent of total arable land) fundamentally limits the scope for primary producers to eke out a life of dignity from their profession.

— Four, the global priority to ensure low food prices for consumers is easiest achieved by artificially driving down farm-gate prices. This makes farming environmentally unsustainable and economically unremunerative.

— Five, depleting aquifers due to the insatiable demand for water for agriculture is reaching a threshold point where it won’t be economically viable to extract water for irrigation in food basket regions.

Points to Ponder: 

— What is the impact of climate change on food security?

— What are the problems faced by the agricultural sector in India?

— What initiatives need to be taken to counter those challenges?

Post Read Question:

Consider the following statements: (UPSC CSE 2020)

1. In the case of all cereals, pulses and oil-seeds, the procurement at Minimum Support Price (MSP) is unlimited in any State/UT of India.

2. In the case of cereals and pulses, the MSP is fixed in any State/UT at a level to which the market price will never rise.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Other Important Articles Covering the same topic:

Challenge for farm sector: How to share growth gains

 

The Ideas Page

Dis/Agree the best of both sides

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-II: Issues related with education

What’s the ongoing story- The revised NCERT Class 12 Political Science textbook, which hit the market last week, does not mention the Babri Masjid by name calling it a “three-domed structure,” has pruned the Ayodhya section from four to two pages and deleted telling details from the earlier version.

Prerequisites:

— What is the National Education Policy(NEP) 2020?

— What are the recent changes made to the NCERT books?

Key takeaways: 

— M Jagadesh Kumar writes: “If historical conflicts are introduced at inappropriate stages of education in the school curriculum, it can immortalise deficit perceptions of the broader historical context in children’s minds. In essence, the history taught to our students in schools should not lead to animosities and prejudices that could divide communities.”

— “Unsurprisingly, we should not overlook the ethical implications of one-sided historical facts in the earlier school textbooks… Opposition to meaningful textbook revisions stems from the old narrow ideological thought process, knowing well that such a stance risks eternalising historical grievances and animosities into the future.”

— “Consequently, any efforts in revising school textbooks focusing on balanced narratives is not an end but a beginning. The foundation that the students attain from such balanced textbooks will help them build a deeper historical understanding in later years.”

— Kaushik Das Gupta writes: Instead of creating new content, NCERT has been tweaking the books that first entered the market in 2005. The most substantive of these changes have taken place in the last two years — parts dealing with Gandhi’s assassination, mediaeval history, caste, protest movements and the Emergency have been “pruned”.

— “Revisions are, indeed, a global practice. Social science demands rewrites — at times, hunters have to cede place to lions. But the NCERT’s changes have been framed around limiting knowledge. The erasures remind us of the Soviet state airbrushing Leon Trotsky’s photographs after his execution, China’s Communist Party forbidding discussions on Tiananmen Square or the silence of US educators on the extermination of indigenous Americans.”

—  “A government that places a premium on decolonisation should also keep in mind that the NCERT’s changes are of a piece with the UK’s curricula not acknowledging the Empire’s role in the impoverishment of large parts of the world.”

For Your Information:

— India’s National Council of Educational Research and Training (NCERT) was established in 1961 to improve the quality of teaching material. In about a decade, it began publishing model textbooks. Since Independence, the country’s school curriculum has undergone four revisions — in 1975, 1988, 2000 and 2005

Points to Ponder: 

— What is the need for bringing changes in the NCERT textbooks?

— What are the advantages and disadvantages of the NEP?

Post Read Question:

Prelims

Education is part of which of the following lists of the Indian constitution?

(a) State List

(b) Union List

(c) Concurrent List

(d) Residuary powers

Mains

Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC CSE 2021)

Other Important Articles Covering the same topic:

In Revised NCERT Textbook: A rewrite of Ayodhya dispute — and some deletions

Govt & Politics

World witnessing rise of new yoga economy: PM Modi in Srinagar

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-I, II: Indian heritage and culture, policies of the government

What’s the ongoing story- Saying he was fortunate to be in the “land of yoga and meditation”, Prime Minister Narendra Modi on Friday led the 10th International Day of Yoga celebrations in Srinagar’s Sher-i-Kashmir International Conference Centre (SKICC).

Prerequisites:

— What is yoga economy?

— What is the significance of yoga?

Key takeaways: 

— Describing yoga as “not just knowledge but also a science”, the PM said its expansion since 2014, when it got official recognition by the UN, had given rise to a “new yoga economy”.

— “The world is looking at yoga as a powerful agent of global good…Yoga is now emerging beyond limited boundaries. The world is witnessing the rise of a new yoga economy,” he said.

Points to Ponder: 

— What is the significance of celebrating International Yoga Day?

— How can India utilise Yoga to advance India’s soft power image?

Post Read Question:

What is the theme of the International Day of Yoga, 2024?

(a) Yoga for Self and society

(b) Yoga at Home and Yoga with the Family

(c) Yoga for well-being

(d) Yoga for humanity

Other Important Articles Covering the same topic:

Yoga: Priceless wealth bestowed on humanity by ancient sages of Bharat

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