Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electoral Bonds Scheme, Article 19, RTI, Proportionality Test
Mains level: Read the attached story
Introduction
- The Supreme Court delivered a groundbreaking unanimous judgment, deeming the electoral bonds scheme “unconstitutional and manifestly arbitrary.”
- Led by Chief Justice of India (CJI) DY Chandrachud, a five-judge Constitution Bench unanimously struck down the scheme, citing infringement on voters’ right to information and disproportionate restrictions.
Key Reasons for Striking Down Electoral Bonds Scheme
[A] Violation of Right to Information (RTI)
- Petitioners argued that the scheme violates Right to Information under Article 19(1)(a) of the Constitution, emphasizing voters’ right to information regarding political party funding.
- Despite the government’s stance that citizens lack a “right to know” about political contributions, the court upheld voters’ right to such information, citing the inherent connection between money and politics.
- The court highlighted the “deep association” between money and politics, stressing the need for transparency to prevent quid pro quo arrangements.
[B] Disproportionate Restrictions:
- The scheme’s anonymity for donors, aimed at curbing black money, was deemed disproportionate to its goal.
- Advocates highlighted potential loopholes allowing for cash donations, undermining its efficacy in combating black money.
- The court emphasized the availability of alternative, less restrictive measures to achieve the scheme’s objectives, such as Section 29C of the Representation of People Act, 1951.
[C] Privacy vs. Public Interest:
- While the government argued for donor anonymity to protect privacy rights, advocates stressed the importance of public scrutiny in political funding.
- The court clarified that donor privacy extends only to genuine forms of public support, rejecting absolute anonymity facilitated by the scheme.
[D] Unlimited Corporate Contributions:
- Advocates underscored the adverse impact of unlimited corporate contributions on free and fair elections.
- The court reinstated the cap on political contributions from companies, citing the need to prevent undue corporate influence in politics.
- It noted concerns that unlimited contributions could incentivize quid pro quo arrangements, especially by loss-making companies.
Impact on Key Legal Amendments
- Representation of the People Act, 1951: The court struck down amendments exempting political parties from disclosing donations above Rs. 20,000, reinforcing the balance between voters’ right to information and donor privacy. (Section 29C)
- Companies Act, 2013: Amendments allowing unlimited corporate contributions were overturned, restoring the cap on political donations by companies and preserving electoral integrity. (Section 182)
- Income-tax Act, 1961: Exemptions for political parties to maintain records of donations received via electoral bonds were annulled, safeguarding voters’ right to information. (Section 13A)
Application of Proportionality Test
[A] Definition:
- The proportionality test assesses the balance between competing fundamental rights or interests and the measures taken by the state to achieve its objectives.
- It involves four criteria: legality, necessity, proportionality in the strict sense, and balancing of interests.
[B] Government’s Arguments:
- The government defended the scheme, citing legitimate aims such as tackling black money and protecting donor anonymity.
- Solicitor General Tushar Mehta argued that the right to information does not extend to information not in the state’s possession.
[C] Court’s Analysis:
- Applying the proportionality test, the court scrutinized the balance between competing fundamental rights, emphasizing the necessity of the “least restrictive” methods.
- It underscored the importance of less intrusive alternatives, such as the electoral trusts scheme, in achieving the scheme’s objectives.
Why is this a Landmark case?
- Burden of Proof: The court held that the state must demonstrate that its measures are the “least restrictive” and that no other “equally effective” methods exist to achieve its objectives.
- Balancing Competing Rights: Unlike previous approaches prioritizing public interest over individual rights, the court’s focus is on balancing competing fundamental rights.
- Structured Proportionality Test: The verdict applies a structured proportionality test, requiring the state to demonstrate that its actions restricting fundamental rights are proportional to its objectives.
- Application of Legal Precedents: While the right-to-privacy ruling laid down the law, subsequent cases like Aadhaar (2018) and Demonetization (2023) applied the structured proportionality test. The electoral bonds verdict represents a significant departure in this regard.
Conclusion
- The Supreme Court’s verdict reaffirms its commitment to upholding constitutional principles and safeguarding democratic processes.
- By striking down the electoral bonds scheme and reinstating key legal provisions, the court emphasizes the primacy of transparency and accountability in electoral financing.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Dravidian Model of Governance
Mains level: Fiscal Federalism
Introduction
- Tamil Nadu CM outlined the achievements of the ‘Dravidian Model’ government of the DMK, presenting them as blueprints for other states to follow.
Dravidian Model of Governance
- Contribution to Indian Economy: Tamil Nadu’s contribution of nine percent to the Indian economy showcases the state’s robust economic growth.
- GDP Ranking: Securing the second position in contributing to the Gross Domestic Product (GDP) of the nation, with a growth rate of 8.19 percent, surpassing the national average of 7.24 percent.
- Inflation Control: The state has effectively controlled inflation, with rates falling to 5.97 percent compared to the national figure of 6.65 percent.
- Export Preparedness: Topping the list of the Export Preparedness Index in the country, with a particular focus on leading in the export of electronic goods.
- Industrial Investment Climate: Creating a favorable climate for industrial investment, elevating Tamil Nadu to the third position in the country from its previous rank of 14.
- Education: Achieving the second position in the field of education and securing the first place in innovative industries.
- Empowerment Initiatives: Prioritizing the welfare of women, young people, persons with disabilities, and marginalized communities, leading to significant improvements in their quality of life.
- Scheme Implementations: Extensive distribution of assistance to people amounting to ₹6,569.75 crore, including initiatives like the Kalaignar Magalir Urimai Thittam, free bus travel for women, and healthcare schemes benefiting millions of citizens.
Discussion: Fiscal Federalism in India
Fiscal Federalism: Understanding the Context
- Overview of Fiscal Federalism: Fiscal federalism delineates the financial powers and responsibilities among different levels of government.
- Provisions Related to Centre-State Financial Relations: The Indian Constitution elaborates on tax distribution and grants-in-aid, supplemented by the role of the Finance Commission.
- Part XII of the Constitution: Details provisions regarding the distribution of taxes, non-tax revenues, borrowing powers, and grants-in-aid.
- Article 268 to 293: Specifically address financial relations between the Centre and States.
- Finance Commission (Article 280): Constitutional body responsible for recommending tax revenue distribution and fiscal discipline.
- Challenges with Fiscal Transfers: Despite recommendations to increase devolution, there has been a reduction in financial transfers to states, posing challenges to fiscal autonomy.
Challenges and Concerns
- Centralization of Fiscal Powers: The Union government’s increasing control over fiscal powers challenges state autonomy.
- Erosion of State Tax Autonomy: Implementation of VAT and GST has diminished states’ ability to set tax rates independently.
- Constraints on State Expenditure Flexibility: Conditional grants limit states’ discretion in allocating funds according to local priorities.
- Uniform Fiscal Targets Neglecting State Variations: Uniform fiscal targets fail to address the diverse needs of individual states.
- Impact of GST Implementation: The GST implementation has shifted tax burdens and reconfigured fiscal dynamics among states.
Steps towards Better Devolution of Finances
- Re-examining Tax-sharing Principles: Finance Commissions should review tax-sharing principles to align with changing fiscal dynamics.
- Redesigning Statutory Sharing of Indirect Taxes: Vertical and horizontal devolution mechanisms need re-evaluation to ensure equity and efficiency.
- Calculating and Allocating Collection Costs: Methods for calculating and allocating collection costs should be devised to enhance tax efficiency.
- Redesigning Grant Mechanisms: Existing grant mechanisms should be restructured to address evolving fiscal challenges.
- New Institutional Structures: Establishing formal relationships between the GST Council and Finance Commission can enhance fiscal governance.
Conclusion
- Tamil Nadu’s governance model, exemplified by Chief Minister Stalin’s comprehensive overview, underscores the state’s commitment to economic progress, social welfare, and inclusive development.
- Despite challenges in India’s fiscal federalism, Tamil Nadu’s achievements serve as a beacon of hope, demonstrating the potential for states to thrive under effective governance models.
- Addressing fiscal imbalances and enhancing cooperative federalism are imperative for ensuring equitable distribution of financial resources and fostering sustainable development across the nation.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: European Free Trade Association (EFTA) Bloc
Mains level: Issues with FTA
Introduction
- India has firmly rejected the demand from four European nations in the EFTA bloc for the inclusion of a ‘data exclusivity’ provision in proposed free trade agreements, citing its commitment to protecting the interests of the domestic generic drugs industry.
About the European Free Trade Association (EFTA) Bloc
|
Description |
| Member |
Iceland, Liechtenstein, Norway, Switzerland |
| Formation |
Established in 1960 by seven European countries as an alternative trade bloc to the EU |
| Trade Relations |
Free trade agreements among themselves and with other regions |
| Activities |
Participate in European Single Market through the EEA Agreement |
| Institutions |
EFTA Court, EFTA Surveillance Authority, EFTA Secretariat |
| Relationship with EU |
Not part of the EU,
But have close economic ties and trade agreements with EU countries |
Debate over Data Exclusivity
- Pharmaceutical Sector Implications: Data exclusivity provides innovator companies with exclusive rights over the technical data generated through expensive global clinical trials, preventing competitors from obtaining marketing licenses for low-cost versions during the exclusivity period.
- Influence of Swiss Pharma Firms: Switzerland, home to major pharmaceutical firms like Novartis and Roche, has been advocating for data exclusivity, but India remains steadfast in its stance against it.
Protection of Generic Industry
- Significance of Generic Industry: Barthwal highlighted the significant contribution of the generic drug industry to India’s exports and emphasized the government’s commitment to protecting its interests.
- Export Growth: India emphasized that the generic drug industry’s growth aligns with its objective of promoting exports, showcasing its importance to the national economy.
Negotiations and Progress
- Trade and Economic Partnership Agreement (TEPA): India and EFTA have been negotiating the TEPA since January 2008 to enhance economic ties, with talks covering various chapters, including intellectual property rights.
- Advanced Stage of Talks: Negotiations are at an advanced stage, with both parties discussing trade in goods, rules of origin, intellectual property rights, and other key areas.
Conclusion
- India’s firm stance against the inclusion of data exclusivity provisions in FTAs reflects its commitment to safeguarding the interests of its generic drug industry.
- As negotiations with EFTA progress, India remains focused on promoting fair and equitable trade relations while upholding its principles of protecting domestic industries.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Wildlife (Protection) Act, of 1972
Mains level: Man-Animal Conflit and its mitigation
Introduction
- The Kerala Legislative Assembly unanimously passed a resolution urging amendments to the Wildlife Protection Act of 1972 aiming to tackle the escalating human-animal conflict in the state.
What is Wildlife (Protection) Act, of 1972?
- WPA provides for the protection of the country’s wild animals, birds and plant species, in order to ensure environmental and ecological security.
- It provides for the protection of a listed species of animals, birds and plants, and also for the establishment of a network of ecologically-important protected areas in the country.
- It provides for various types of protected areas such as Wildlife Sanctuaries, National Parks etc.
There are six schedules provided in the WPA for the protection of wildlife species which can be concisely summarized as under:
| Schedule I |
- Species need rigorous protection
- Harshest penalties for violation of the law are for species under this Schedule.
|
| Schedule II |
- Animals under this list are accorded high protection.
- Cannot be hunted except under threat to human life.
|
| Schedule III & IV |
- Species that are not endangered.
- Includes protected species but the penalty for any violation is less compared to the first two schedules.
|
| Schedule V |
Contains animals which can be hunted. |
| Schedule VI |
Plants that are forbidden from cultivation. |
Kerala’s Demands for Amendment
- Section 11 Amendment: Kerala proposes amending Section 11(1)(A) to empower Chief Conservators of Forests (CCF) instead of Chief Wildlife Wardens (CWLW) to permit hunting of Schedule I mammals. This seeks to expedite decision-making at the local level in handling human-wildlife conflicts.
- Declaration of Wild Boar as Vermin: Kerala urges the Centre to declare wild boars as vermin under Section 62, allowing controlled culling to mitigate threats to life and livelihoods.
Major Reason: Escalating Human-Animal Conflict
- Rising Incidents: Kerala has witnessed a surge in human-animal conflicts, particularly involving elephants and wild boars, causing extensive damage to lives and crops.
- Government Data: In 2022-23, there were 8,873 wild animal attacks, including 4,193 by elephants and 1,524 by wild boars. These incidents resulted in 98 deaths and significant crop loss.
- Wild Boar Menace: Wild boars, in particular, are notorious for ravaging farmlands, with 20,957 incidents of crop damage recorded from 2017 to 2023.
Challenges and Implications
- Urgent Action Needed: Kerala’s plea for amendments highlights the pressing need for effective measures to address the human-animal conflict.
- Local Empowerment: Empowering local forest authorities can lead to quicker responses to wildlife threats, ensuring both human safety and wildlife conservation.
- Balancing Conservation and Livelihoods: Striking a balance between conservation and livelihood concerns is crucial for sustainable coexistence between humans and wildlife.
Conclusion
- Kerala’s proactive stance in advocating for amendments to the Wildlife Protection Act underscores its commitment to confronting the challenges posed by the human-animal conflict.
- These proposed changes aim to protect both citizens and biodiversity, reflecting a holistic approach towards environmental and socio-economic well-being.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Schengen Area, Eurozone
Mains level: NA
Introduction
- Kosovo recently achieved visa-free access to the Schengen zone in Europe, marking a significant milestone in its integration with the European Union (EU) and the broader international community.
What is Schengen Area?
- Definition: A zone comprising 27 European countries where internal borders have been abolished for the free movement of people.
- Membership: Includes 23 of the 27 EU member states and all members of the European Free Trade Association (EFTA) – Iceland, Liechtenstein, Norway, and Switzerland.
- Key Features:
- No internal border checks except in specific threat situations.
- Harmonized controls at external borders based on defined criteria.
About Eurozone
- A geographic and economic region consisting of European Union countries that have adopted the euro as their national currency.
- As of January 2023, consists of 20 EU countries: Austria, Belgium, Croatia, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, and Spain.
- Key Features:
- Coordination of economic policy-making to support EU economic aims.
- Replacement of national currencies with the euro.
Requirements for Joining the Eurozone
EU nations must meet specific criteria, including four macroeconomic indicators:
- Price Stability: Maintain sustainable price performance with average inflation no more than 1.5 percent above the rate of the three best-performing member states.
- Public Finances: Maintain a budget deficit no greater than 3% of GDP and public debt no greater than 60% of GDP.
- Durability of Convergence: Assessed through long-term interest rates, which cannot exceed 2 percent above the rate in the three most price-stable member states.
- Exchange Rate Stability: Demonstrate stability by participating in the Exchange Rate Mechanism (ERM) II for at least two years without severe tensions or devaluation against the euro.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Xiaokang Border Defence Villages
Mains level: China's motive to populate LAC
Introduction
- Recent reports reveal a concerning development along India’s northeastern border with China as the Chinese people have begun occupying several Xiaokang border defence villages. Let’s delve into the details of these villages, their significance, and India’s response to this escalating situation.
About Xiaokang Border Defence Villages
- Construction Initiative: China initiated the construction of 628 Xiaokang or “well-off villages” along India’s borders with the Tibet Autonomous Region over five years ago, including areas along the Line of Actual Control (LAC).
- Infrastructure: These villages boast mostly double-storey, spacious buildings, designed for dual-use purposes, raising concerns from a defense standpoint.
Purpose and Concerns
- Dual-Use Infrastructure: The exact purpose of these villages remains unclear, but they are perceived as strategic assets, capable of serving both civil and military functions.
- Territorial Assertions: Many in the strategic community view these villages as a means for China to assert its claims over specific areas along the LAC, exacerbating tensions between the two nations.
India’s Response
- Vibrant Villages Programme: In response, India launched the Vibrant Villages Programme in 2022, aiming to modernize border villages and promote tourism.
- Pilot Projects: At least 17 border villages along the China-India border have been selected for development, including areas in Ladakh, Himachal Pradesh, Uttarakhand, Sikkim, and Arunachal Pradesh.
- Focus on Northeast: Villages in Arunachal Pradesh’s eastern region and the Tawang area are specifically targeted for development, highlighting India’s strategic focus in this region.
Infrastructure Developments
- China’s Initiatives: China has been actively constructing infrastructure along the LAC, including roads, bridges, and housing in Bhutanese territory.
- India’s Countermeasures: India is also bolstering its border infrastructure, focusing on enhancing connectivity and developing alternate routes to the LAC, particularly in the northeast region.
Conclusion
- The occupation of Xiaokang border defence villages by China raises significant concerns about regional stability and territorial integrity.
- India’s proactive response through developmental initiatives underscores its commitment to safeguarding its borders and promoting socio-economic progress in border areas.
- As tensions persist, both nations continue to navigate this complex geopolitical landscape with vigilance and strategic foresight.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Gender Gaps in Healthcare
Introduction
- Despite comprising nearly half of India’s health workforce, women face significant barriers in reaching leadership positions within the healthcare sector, highlighting deep-rooted gender disparities in health policy and decision-making.
Understanding the Gender Gap
- Data revelations: Official data reveals that while women make up almost 50% of health workers in India, only 18% occupy leadership roles across various health panels, committees, hospitals, and ministries.
- Impact of Gender Disparity: The over-representation of men at the top of the health pyramid perpetuates inequalities in decision-making and policymaking, leading to skewed health systems that fail to address the diverse needs of the population.
Insights from Research
- Diversity Gaps: Recent research highlights the prevalence of diversity gaps in India’s National Health Committees, with an “over-concentration” of men, doctors, individuals from urban areas, and bureaucrats. This centralization of power risks excluding diverse perspectives and experiences, hindering the development of inclusive health policies.
- Impact on Policy Formulation: The lack of gender diversity in health committees affects policy outcomes, as decisions are often made from a narrow lens, overlooking the nuanced needs of marginalized groups. For instance, the absence of women in decision-making bodies may lead to inadequate consideration of gender-specific health issues such as access to nutritious food for women.
Challenges Faced by Women
- Professional Barriers: Women encounter various obstacles in advancing their careers in the health sector, including limited opportunities for promotion, unequal pay, and cultural expectations regarding gender roles.
- Underrepresentation in Leadership: Women are significantly underrepresented in medical leadership positions, both within health committees and healthcare institutions, further perpetuating gender disparities in decision-making and policy formulation.
Recommendations for Change
- Policy Interventions: Affirmative policies, such as reserving seats for women and marginalized groups in health committees, can help address gender disparities and promote inclusive decision-making.
- Structural Reforms: Structural changes within healthcare institutions, such as promoting flexible working arrangements and providing dedicated resources for women leaders, are essential to breaking down barriers to gender equality in leadership.
- Community Engagement: Involving directly affected communities in policy-making processes can ensure that health policies are responsive to the needs and priorities of the population, fostering greater inclusivity and accountability.
Conclusion
- Achieving gender equality in health leadership requires concerted efforts to address systemic barriers and promote inclusive decision-making.
- By prioritizing diversity and inclusivity in health policy, India can build more responsive and equitable health systems that serve the needs of all its citizens.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Na
Mains level: ethical considerations surrounding the use of Artificial Intelligence (AI) to clone voices for creative purposes in the music industry
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bar Council of India
Mains level: systemic challenges plaguing legal education in India and the urgent need for reform
Central Idea:
The article discusses the recent recommendations made by the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice to enhance the quality of legal education in India. It highlights the need for a new regulatory body, the National Council for Legal Education and Research (NCLER), to oversee post-graduation level education, prioritize research in law schools, and address the challenges hindering the excellence of legal education in the country.
Key Highlights:
- Recommendations for Regulatory Reform: The committee proposes limiting the Bar Council of India’s (BCI) role in legal education regulation and establishing the NCLER to set qualitative benchmarks for post-graduation level education.
- Emphasis on Research: Recognizing the deficiency in research focus among Indian law schools, the committee stresses the importance of promoting research to improve teaching outcomes and cultivate critical thinking skills among students.
- Global Perspective: Acknowledging the impact of globalization on legal education, the committee suggests incorporating global curriculum, international exchange programs, and more international law courses to prepare students for a globalizing world.
- Call for Strong Leadership and Academic Freedom: The article emphasizes the necessity for passionate and visionary academic leaders in law faculties and universities to foster a supportive environment for faculty and promote academic freedom.
Key Challenges:
- Lack of Leadership: The absence of effective leadership in law faculties and universities impedes efforts to achieve excellence in legal education.
- Insufficient Research Focus: Many law schools in India prioritize teaching over research, resulting in a scarcity of indigenous legal knowledge and reliance on Western legal literature.
- Resistance to Change: Implementing reforms in legal education requires a shift in mindset among stakeholders and a commitment to prioritize higher education.
Main Terms or key quotes:
- National Council for Legal Education and Research (NCLER)
- Bar Council of India (BCI)
- Globalization
- Academic Freedom
Important Phrases for mains answer enrichment:
- “Sea of institutionalized mediocrity”
- “Consumer of legal knowledge generated in the West”
- “Augmenting the research ecosystem”
- “Complete academic freedom and autonomy”
Quotes for quality essay:
- Albert Einstein: “The value of a college education is not the learning of many facts but the training of the mind to think.”
- Jawaharlal Nehru: “A university stands for humanism, for tolerance, for reason, for the adventure of ideas and for the search of truth.”
Useful Statements:
- “Legal education in India needs regulatory reform to address its current shortcomings and enhance its quality.”
- “Promoting research is crucial to improving teaching outcomes and fostering critical thinking skills among students.”
- “Effective leadership and academic freedom are essential for driving meaningful change in legal education.”
Examples and References:
- National Law School of India University and Jindal Global Law School are among the few Indian law schools ranked in the top 250 globally.
- Out of over 800 law journals indexed in Scopus, only a handful are from India, indicating the low level of research output from Indian law schools.
Facts and Data:
- India has over 1,700 law schools, but only a few have achieved excellence in legal education.
- Legal education in India has historically lagged behind fields like medicine and engineering in terms of priority and investment.
Critical Analysis:
The article aptly highlights the systemic challenges plaguing legal education in India and the urgent need for reform. It identifies regulatory deficiencies, research gaps, and leadership issues as key barriers to achieving excellence. However, it fails to delve deeply into the specific strategies or mechanisms required to address these challenges.
Way Forward:
- Implement the recommendations of the Parliamentary Standing Committee to establish the NCLER and redefine the role of the BCI.
- Invest in promoting research culture in law schools through funding, infrastructure, and academic support.
- Encourage academic leadership that fosters a culture of innovation, excellence, and academic freedom.
- Foster collaboration between law schools, industry, and international institutions to enhance curriculum relevance and global exposure for students.
In conclusion, while the recommendations put forth by the committee represent a step in the right direction, concerted efforts from all stakeholders are necessary to bring about meaningful change and elevate the quality of legal education in India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Places of Worship Act, 1991
Mains level: need for the Supreme Court to intervene to protect the integrity of the Places of Worship Act and prevent its politicization
Central Idea:
The article discusses the aftermath of the Supreme Court verdict on the Babri Masjid case in November 2019 and its implications on the Places of Worship (Special Provisions) Act, 1991. It highlights the challenges posed by the resurgence of petitions targeting mosques like the Gyanvapi Masjid in Varanasi and the Shahi Idgah in Mathura, and the subsequent debates on the Act’s validity and applicability. It emphasizes the need for the Supreme Court to intervene to protect the integrity of the Act and prevent its politicization.
Key Highlights:
- Supreme Court’s verdict on the Babri Masjid case in November 2019 praised the Places of Worship Act, 1991 for preserving the religious character of places of worship as of August 15, 1947.
- Hindutva forces initiated petitions targeting mosques in Mathura, Varanasi, and other places, challenging their status and calling for their liberation.
- Despite lack of concrete evidence, petitions against mosques were admitted in various district courts, signaling a deliberate challenge to the Places of Worship Act.
- The Supreme Court’s silence on the increasing challenges to the Act raised concerns about its integrity and enforcement.
- The court’s decision to hear petitions against the Act itself and the Union government’s delays in specifying its stance raised doubts about the Act’s future.
Key Challenges:
- Increasing petitions challenging the status of mosques threaten communal harmony and challenge the secular principles enshrined in the Indian Constitution.
- The politicization of the issue, with petitions being used as a tool to further certain political narratives, adds complexity to the debate.
- Delays in the Supreme Court’s intervention and the government’s ambiguity on the Act’s status create uncertainty and erode public trust in the legal system.
- Historical grievances and communal tensions fuel the resurgence of demands for the reclamation of religious sites.
Main Terms or key words:
- Places of Worship (Special Provisions) Act, 1991: Legislation preserving the religious character of places of worship as of August 15, 1947, and prohibiting their conversion.
- Hindutva: Ideology promoting Hindu nationalism.
- Communal Harmony: Peaceful coexistence and cooperation among different religious communities.
- Secularism: Principle of separating religion from state affairs and ensuring equal treatment of all religions.
- Petitions: Formal requests submitted to a court seeking legal action or remedy.
Important Phrases for mains value addition:
- “Non-retrogression as an essential feature of our secular values.”
- “Challenges to the Act amount to a breach of public trust.”
- “The politicization of petitions serves certain political narratives.”
- “The silence of the top court is unsettling.”
Quotes for quality enrichment of mains answers:
- “The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution.”
- “Similarly minded people are as little likely to be deterred by the provisions of the Places of Worship (Special Provisions) Act 1991.”
- “The ascertainment of the religious character of a place as a procedural instrument may not necessarily fall foul of the provisions of sections 3 and 4 of the Act of 1991.”
Anecdotes:
- The order of a district court in Uttar Pradesh in 1986 kick-started events leading to the destruction of the Babri Masjid, illustrating the significance of legal decisions regarding places of worship.
Useful Statements:
- The resurgence of demands for the reclamation of religious sites threatens communal harmony and challenges secular principles.
- The Supreme Court’s intervention is crucial to uphold the integrity of the Places of Worship Act and prevent its politicization.
Examples and References:
- Petitions targeting mosques in Mathura, Varanasi, and other places highlight the growing challenges to the Places of Worship Act.
- The Babri Masjid-Ramjanambhoomi agitation and slogans like “Ayodhya to jhanki hai, Kashi, Mathura baqi hai” demonstrate historical grievances and communal tensions.
Facts and Data:
- The Places of Worship Act, 1991, preserves the religious character of places of worship as of August 15, 1947.
- The Supreme Court admitted petitions challenging the Act’s validity and the government’s delays in specifying its stance.
Critical Analysis:
The article provides a comprehensive overview of the challenges posed by petitions targeting mosques and questioning the Places of Worship Act, 1991. It emphasizes the importance of preserving communal harmony and secular principles while addressing historical grievances. However, it also highlights the politicization of the issue and the need for timely intervention by the Supreme Court to prevent further escalation.
Way Forward:
- The Supreme Court should actively intervene to uphold the integrity of the Places of Worship Act and prevent its politicization.
- Political leaders and stakeholders should prioritize communal harmony and refrain from using religious sentiments for political gain.
- Civil society should promote dialogue and understanding among different religious communities to prevent communal tensions.
- The government should clarify its stance on the Act and ensure its effective implementation to maintain secularism and protect religious freedoms.
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