Note4Students
From UPSC perspective, the following things are important :
Mains level: Private Property; DPSP;
Why in the News?
A 9-judge Constitution Bench of the Supreme Court, in a majority judgment (8:1), held that not every private resource can be considered a ‘material resource of the community’ to be used by the government to serve the ‘common good’ under Article 39(b).
- This overturns the earlier interpretation formed in 1977 that has been followed by the Supreme Court till 1997.
What are Constitutional Provisions?
- Part IV of the Constitution contains the Directive Principles of State Policy (DPSP) where government should strive to achieve social and economic justice in our society.
- Article 39(b) in Part IV provides that ‘ownership and control of material resources of the community are so distributed as best to subserve the common good.’
- Articles 19(1)(f) and 31 originally guaranteed right to property and compensation for acquisition as a Fundamental Right respectively.
- Article 31C that was added through the 25th amendment in 1971, provided an exception that laws made to fulfil the principles under Articles 39(b) and (c) shall not be void on the ground that it violated Fundamental Rights including right to property.
- In the Kesavananda Bharati case (1973), a 13-judge Bench of the Supreme Court upheld the validity of Article 31C but made it subject to judicial review.
- In 1978, the right to property was omitted from Fundamental Rights and made a constitutional right under Article 300A.
- Any law to acquire private property by the government should only be for a public purpose with adequate compensation meted out.
What were earlier judgments?
- In the State of Karnataka vs. Ranganatha Reddy (1977) case, the Supreme Court upheld a law nationalizing private bus services, with Justice V.R. Krishna Iyer interpreting “material resource of the community” in Article 39(b) to include all national wealth.
- This minority opinion influenced the Sanjeev Coke Manufacturing Company vs. Bharat Coking Coal Limited (1982) case, which also supported nationalization, and was referenced in Mafatlal Industries Limited vs. Union of India (1996).
What is the current ruling?
- The SC recently ruled in the Property Owners Association vs. State of Maharashtra case that not all privately owned properties qualify as “material resources of the community” under Article 39(b).
- A 9 judge bench, stated that only certain properties, based on their nature and impact on public welfare, can be considered for state acquisition to serve the common good.
- This decision marks a shift from earlier interpretations that emphasized that individual property rights are protected and not every private asset can be appropriated by the state.
- The ruling also noted that the term “distribution” in Article 39(b) includes both state acquisition and redistribution to private entities when it benefits the community.
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What criteria should determine if a privately owned resource qualifies as a ‘material resource of the community’?
- Purpose and Public Utility: Privately owned resources may be classified as “material resources of the community” if they are essential for societal welfare, addressing collective needs, or fulfilling significant public purposes, such as energy, water, or land critical for infrastructure.
- Proportionality and Fairness: The court emphasized that any state action must be proportional, balancing public benefit with the impact on private owners.
- Economic Impact and Control: Resources that substantially impact the national economy or are crucial for maintaining societal equity (such as natural resources) may be considered community resources, but this does not apply to general private property.
How does this ruling impact the balance between individual property rights and the state’s ability to intervene for public welfare?
- This ruling reinforces individual property rights, clarifying that private property cannot be arbitrarily acquired under the guise of benefiting society. The state must justify the acquisition based on substantial, verifiable public welfare needs.
- Limitations on State Power: By rejecting an expansive interpretation of Article 39(b), the court limits state power, ensuring that only properties directly tied to public interest and welfare fall under this category.
What are the potential economic implications of this ruling in India?
- Investment Climate: This ruling strengthens protections for private property, likely improving investor confidence by assuring that property rights are safeguarded from excessive state intervention.
- Economic Development and Social Equity: By narrowing the scope of Article 39(b), the ruling limits redistributive policies to sectors where public welfare is a clear priority, allowing economic resources to be distributed in a manner that considers social equity while respecting individual rights.
- Real Estate and Industrial Sectors: The ruling could positively affect sectors with high-value assets, such as real estate and industry, as businesses will have greater certainty regarding property ownership and security.
How might this decision influence future legal interpretations and legislative actions?
- Refined Scope for Article 39(b) Applications: Future legislation under Article 39(b) must specifically justify how resources qualify as “material resources of the community,” likely limiting nationalization or acquisition to specific, strategically important sectors.
- Increased Judicial Scrutiny on Property Rights: Courts are likely to more critically evaluate state actions that aim to redistribute private property, requiring robust evidence of public interest and alignment with constitutional principles.
- Potential for Policy Revisions: Laws that invoke Article 39(b) and related provisions may need to be reviewed to ensure they comply with this interpretation, leading to a more nuanced application of public welfare policies.
Way forward:
- Establish Clear Guidelines for Public Interest Acquisition: The government should define transparent criteria for categorizing “material resources of the community,” ensuring acquisitions serve substantial public welfare needs and align with societal priorities, especially in areas like infrastructure and essential services.
- Strengthen Judicial and Legislative Safeguards: Introduce legal safeguards to protect individual property rights, allowing courts to rigorously assess state actions on property acquisition, ensuring proportionality, fairness, and adherence to constitutional principles.
Mains PYQ:
Q How did land reforms in some parts of the country help to improve the socio-economic conditions of marginal and small farmers? (UPSC IAS/2021)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to vigilantism;
Why in the News?
On July 30, Uttar Pradesh toughened its 2021 anti-conversion law, increasing the maximum sentence to life imprisonment, tightening bail conditions, and expanding “illegal conversion” to include promises of marriage and trafficking.
How do current laws facilitate vigilante actions under the guise of protecting societal values?
- Expansion of Complainant Scope: The amended law allows any individual, regardless of personal involvement or direct impact, to lodge complaints about alleged unlawful conversions.
- Broad Interpretation of “Public Interest”: By permitting police officers and unrelated third parties to file FIRs, the law can be exploited to initiate cases that target religious minorities or interfaith couples, framing these as societal threats.
- Legal Ambiguity and Arbitrary Application: The inconsistent interpretations of “aggrieved person” under Section 4 by different courts have led to uncertainty.
- This ambiguity has allowed authorities and vigilantes to target groups and individuals selectively, often with little or no evidence of wrongdoing, undermining personal freedoms and due process.
- Reduced Threshold for Evidence: By widening the scope of what constitutes “illegal conversion” to include vague terms like “promise of marriage,” the law can easily be manipulated.
- This opens the door for complaints based on assumptions or suspicions, rather than clear, proven instances of forced conversion.
What measures can be implemented to ensure effective enforcement of laws against mob violence and vigilantism?
- Strict Definitions and Limits on Complainants: Restricting who can file complaints to genuinely aggrieved parties—directly affected individuals or close relatives—could help prevent misuse by third-party vigilante actors.
- Accountability Mechanisms for Law Enforcement: Police officers who file unfounded FIRs based on ideologically motivated complaints should face accountability measures.
- Disciplinary action or judicial oversight in cases of misuse would help discourage officers from acting on non-substantial complaints.
- Enhanced Legal Protections for Victims of Vigilantism: Establishing a separate body to investigate and prosecute cases of mob violence and vigilante actions can protect targeted groups.
- Promotion of Public Awareness and Legal Literacy: Initiatives to raise awareness about individual rights and legal processes can empower citizens to resist unlawful actions by vigilantes.
What role do societal perception and political influence play in the rise of vigilantism?
- Ideological Justifications for Vigilantism: Laws like the anti-conversion amendment are often framed as measures to protect cultural or religious values, creating a narrative that justifies vigilante actions as morally and socially acceptable.
- Political Endorsement and Implicit Encouragement: When political entities endorse such laws or publicly support vigilante actions, they create a permissive environment for vigilantism.
- Media Influence and Public Perception: Coverage of interfaith relationships or religious conversions as “threats” to societal harmony often fuels public support for vigilante actions.
- Sensationalist media narratives contribute to a heightened perception of certain groups as “others,” justifying vigilantism as a form of social correction.
- Inadequate Legal Deterrence: Weak penalties for mob violence or leniency in prosecuting vigilantes reinforce the perception that vigilantism will be tolerated, especially if aligned with popular or politically endorsed views.
Way forward:
- Enact Clearer Legal Boundaries and Protections: Define strict limits on who can file complaints under anti-conversion laws, ensuring only directly affected individuals or close family members can do so.
- Strengthen Public Awareness and Judicial Oversight: Promote legal literacy campaigns to educate citizens on their rights and the dangers of vigilante actions, and establish judicial oversight for cases involving mob violence and vigilantism to ensure accountability and protection for targeted groups.
Mains PYQ:
Q Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (UPSC IAS/2017)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Significance of Aadhaar biometric data;
Why in the News?
The Unique Identification Authority of India (UIDAI) enforces strict regulations on data disclosure to safeguard individuals’ privacy and prevent misuse of personal information. Under normal circumstances, the police cannot access the demographic or biometric details stored in the Aadhaar database.
What are the legal limitations of using Aadhaar biometric data for forensic purposes?
- Stringent Privacy Protections: The Aadhaar Act mandates strict protection of personal data, especially biometrics.
- Sections 29(1) and 33(1) prevent sharing of core biometric data (fingerprints and iris scans) with third parties, even law enforcement, barring limited situations.
- Court Order Requirement: Section 33(1) allows disclosure of certain demographic data upon the order of a High Court or above, but core biometrics are strictly protected and cannot be shared, creating limitations for police investigations involving unidentified bodies.
- Forensic Investigative Gaps: Police databases are often limited to individuals with criminal records, restricting the ability to identify deceased persons through fingerprints.
- Without access to a comprehensive Aadhaar database, identification processes for unknown deceased individuals become more challenging and time-consuming.
How can the balance between privacy rights and forensic needs be achieved?
- Right to Privacy vs. Right to Dignity: Balancing the fundamental right to privacy with the right to a dignified life and death is essential, especially in cases where access to biometric data can help identify unknown bodies.
- Controlled Access Mechanisms: Limited, case-specific access, such as requiring a judicial magistrate’s order (rather than a High Court order), can allow law enforcement to use Aadhaar biometrics in cases involving unidentified bodies, reducing the burden on higher courts while preserving privacy safeguards.
- Transparent Oversight: Any mechanism permitting Aadhaar data usage for forensics should include robust oversight, including logging access and stringent penalties for misuse, ensuring that access is restricted to genuinely necessary cases.
What technological and procedural changes are necessary to facilitate the use of Aadhaar data in forensics?
- Advanced Identification Algorithms: Introducing algorithms similar to the U.S. Deceased Persons Identification (DPI) system would enable more accurate and efficient matching of deceased persons’ fingerprints with larger databases.
- Digitization of Police Records: Digitizing state-level fingerprint databases would allow faster cross-referencing and aid forensic investigations, creating a more accessible identification system even without Aadhaar.
- Secure Data Access Channels: Secure and encrypted channels specifically for forensic use, with limited access, could protect the data while allowing controlled use.
- Specific Legislative Frameworks: There should be new amendments that could clarify circumstances under which biometric data can be accessed for deceased individuals, distinguishing these cases from broader data privacy concerns.
Way forward:
- Amend Legal Framework for Controlled Access: Need to introduce specific legislative amendments allowing limited, case-specific access to Aadhaar biometrics for forensic purposes in cases involving unidentified deceased individuals, with strict judicial oversight to maintain privacy protections.
- Establish Secure Access Protocols and Oversight: Need to implement secure, encrypted access channels and enforce strict oversight mechanisms, including access logging and penalties for misuse, ensuring biometric data is accessed only when absolutely necessary for forensic identification.
Mains PYQ:
Q Two parallel run schemes of the Government, viz the Adhar card and NPM, one of voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits , discuss whether or not both schemes need to run concurrently. Analyse the potential of the schemes to achieve development benefits and equitable growth (UPSC IAS/2014)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Jagannath Puri Temple
Why in the News?
Odisha’s law minister recently clarified that there was no secret chamber inside the treasury of the Jagannath Temple in Puri.
About Jagannath Puri Temple
- The Jagannath Temple is an important Vaishnavite temple dedicated to Jagannath, a form of Sri Krishna in Puri in Odisha.
- The present temple was rebuilt from the 10th century onwards, on the site of an earlier temple, and begun by Anantavarman Chodaganga Deva, the first king of the Eastern Ganga dynasty.
- The Puri temple is famous for its annual Ratha Yatra, or chariot festival, in which the three principal deities are pulled on huge and elaborately decorated temple cars.
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It’s Architecture:
- With its sculptural richness and fluidity of the Oriya style of temple architecture, it is one of the most magnificent monuments of India.
- The huge temple complex covers an area of over 400,000 square feet and is surrounded by a high fortified wall.
- This 20 feet high wall is known as Meghanada Pacheri.
- Another wall known as kurma bedha surrounds the main temple.
The temple has four distinct sectional structures, namely:
- Deula, Vimana or Garba griha (Sanctum sanctorum) where the triad deities are lodged on the ratnavedi (Throne of Pearls). In Rekha Deula style;
- Mukhashala (Frontal porch);
- Nata mandir/Natamandapa, which is also known as the Jagamohan (Audience Hall/Dancing Hall), and
- Bhoga Mandapa (Offerings Hall)
PYQ:
[2012] The Nagara, the Dravida and the Vesara are the:
(a) Three main racial groups of the Indian subcontinent
(b) Three main linguistic divisions into which the languages of India can be classified
(c) Three main styles of Indian temple architecture
(d) Three main musical Gharanas prevalent in India |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: First Asian Buddhist Summit
Why in the News?
The Government of India, in collaboration with the International Buddhist Confederation (IBC), held the first Asian Buddhist Summit (ABS) in New Delhi.
About the Asian Buddhist Summit (ABS)
- ABS is a high-level conference organized to bring together Buddhist leaders, scholars, and practitioners from across Asia.
- The theme of the first summit was ‘Role of Buddha Dhamma in Strengthening Asia’.
- It aligns with India’s Act East Policy, aiming to deepen cultural and spiritual ties across Asian nations.
- Key topics discussed at the summit include:
- The role of Buddhist art, architecture, and heritage.
- The dissemination of Buddha Dhamma and its cultural influence across Asia.
- The significance of holy Buddhist relics and their societal impact.
- The relevance of Buddhist philosophy and literature in the 21st century.
- Exploring the relationship between Buddhism and scientific research for health and well-being.
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About Buddhism:
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Details |
| Origin of Buddhism |
• Originated in India over 2,600 years ago.
• Founded by Siddhartha Gautama (the Buddha) around 563 BCE.
• Born into the royal family of the Sakya clan in Lumbini, near the Indo-Nepal border.
• At age 29, Gautama renounced a life of luxury and embraced asceticism.
• Attained Bodhi (enlightenment) after 49 days of meditation under a pipal tree in Bodhgaya, Bihar.
• Delivered his first sermon in Sarnath, known as Dharma-Chakra-Pravartana.
• Died at 80 in Kushinagara (Mahaparinirvana) in 483 BCE. |
| Tenets of Buddhism |
• Advocated the Madhyam Marg (Middle Path) between indulgence and asceticism.
• Emphasized individual responsibility for happiness.
• Four Noble Truths (ariya-sachchani):
1. Dukkha: Suffering is inherent.
2. Samudya: Every suffering has a cause.
3. Nirodha: Suffering could be extinguished.
4. Atthanga Magga: Achieved through the Eightfold Path.
• Eightfold Path (astangika marg): Right view, intention, speech, action, livelihood, mindfulness, effort, concentration.
• Ultimate goal: Attaining Nirvana (Nibbana).
• Five Precepts (Panchasil): Prohibitions against violence, stealing, sexual misconduct, lying, and intoxicants. |
| Major Buddhist Texts |
• Initially oral teachings, memorized by the Sangha.
• Written down around 25 BCE in Pali.
• Three Pitakas:
1. Vinaya Pitaka: Monastic rules.
2. Sutta Pitaka: Main teachings, divided into five Nikayas (Digha, Majjhima, Samyutta, Anguttara, Khuddaka).
3. Abhidamma Pitaka: Philosophical analysis of teachings.
• Other important texts: Divyavadana, Dipavamsa, Mahavamsa, Milind Panha. |
| Role of the Buddhist Councils |
• Important turning points in early Buddhism, leading to sectarian clashes and the Great Schism.
• Four Major Councils:
1. First Council (483 BCE): Presided by Mahakasyapa, aimed to preserve teachings.
2. Second Council (383 BCE): Addressed monastic discipline.
3. Third Council (250 BCE): Under Ashoka, focusing on spreading Buddhism.
4. Fourth Council (72 CE): Led to division into Mahayana and Hinayana. |
| Different Schools of Buddhism |
• Mahayana: “Great Vehicle,” emphasizes Bodhisattva ideal and idol worship; spread to Central and East Asia.
• Hinayana: “Lesser Vehicle,” focuses on individual salvation and original teachings; Theravada is a major branch.
• Theravada: Closest to original teachings; dominant in Cambodia, Laos, Myanmar, Sri Lanka, and Thailand.
• Vajrayana: “Vehicle of the Thunderbolt,” complex rituals; developed around 900 CE.
• Zen: Focuses on meditation, developed in China and Japan. |
| Spread of Buddhism in Ancient India |
• Monastic organization through Sangha for spreading teachings.
• Rapid growth during Buddha’s lifetime.
• Ashoka’s influence post-Kalinga conquest; adopted Dhamma conquest, sending missions to various regions, including Gandhara, Kashmir, Greece, Sri Lanka, Burma (Myanmar), Egypt, and Thailand. |
PYQ:
[2020] With reference to the religious history of India, consider the following statements:
1. Sthaviravadins belong to Mahayana Buddhism.
2. Lokottaravadin sect was an offshoot of Mahasanghika sect of Buddhism.
3. The deification of Buddha by Mahasanghikas fostered the Mahayana Buddhism.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sun’s Rotation
Why in the News?
Indian astronomers at the Kodaikanal Solar Observatory (KSO) have achieved a groundbreaking feat by mapping, for the first time, the variation in the Sun’s rotation speed from its equator to its poles.
Sun’s Rotation: Key Facts
- Unlike a solid body, the Sun exhibits differential rotation, meaning different parts of the Sun rotate at different speeds.
- The rotation speed varies depending on latitude, with faster rotation near the equator and slower rotation toward the poles.
- This variation is primarily due to the Sun’s composition of gaseous plasma rather than solid material.
Rotation Period Variation by Latitude:
- Equatorial Regions: The rotation period at the equator is the fastest, around 24.47 days (sidereal rotation).
- Sunspot Zones (about 16 degrees latitude): Rotation slows slightly, with a period of about 27.3 days.
- Higher Latitudes (up to 75 degrees): Rotation slows significantly; for example, at 75 degrees latitude, the rotation period is about 33.4 days.
- Poles: The slowest rotation occurs at the poles, with a period around 31.1 days.
Sidereal vs. Synodic Rotation Periods:
- Sidereal Rotation Period: The time taken for the Sun to complete one full rotation relative to distant stars. It varies by latitude, from 24.47 days at the equator to around 33.4 days at higher latitudes.
- Synodic Rotation Period: This is the time for a fixed feature on the Sun to appear in the same position when observed from Earth. It is longer than the sidereal period due to Earth’s own movement around the Sun, averaging around 26.24 days.
Why Differential Rotation Occur?
- Gaseous Plasma Composition: The Sun is composed of plasma—a hot, ionized state of matter—which allows its different regions to rotate at different speeds.
- Convective Zone Dynamics: The outer convective layer of the Sun contributes to differential rotation. Plasma circulates, rising and sinking, which influences the rotational speed at different latitudes.
Scientific Implications
- Solar Dynamo Theory: The differential rotation of the Sun is central to theories about the solar dynamo—the process that generates the Sun’s magnetic field.
- Mystery of Differential Rotation: Despite extensive research, the exact mechanism behind the Sun’s differential rotation remains an active area of investigation in solar physics.
PYQ:
[2013] Consider the following phenomena
1. Size of the sun at dusk
2. Colure of the sun at dawn
3. Moon being visible at dawn
4. Twinkle of stars in the sky
5. Polestar being visible in the sky
Which of the above are optical illusions?
(a) 1, 2 and 3
(b) 3, 4 and 5
(c) 1, 2 and 4
(d) 2, 3 and 5 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Central Water Commission (CWC)
Why in the News?
Himalayan glacial lakes are expanding rapidly, posing greater risks to communities and ecosystems according to a Central Water Commission (CWC) report.
Key highlights of the CWC report:
- Rapid Expansion of Glacial Lakes: Glacial lakes across the Himalayan region expanded by 10.81% in surface area from 2011 to 2024. In India alone, glacial lakes grew by 33.7% over the same period, posing serious risks to local communities and ecosystems.
- High-Risk Lakes: The report identifies 67 lakes in India with a more than 40% increase in size, placing them in the high-risk category for glacial lake outburst floods (GLOFs).
- Regional Expansion Trends: The surface area of glacial lakes in the Himalayas grew from 533,401 hectares in 2011 to 591,108 hectares in 2024, largely due to accelerated glacier melt from rising temperatures.
- Advanced Monitoring: The CWC is employing satellite technologies like Sentinel-1 SAR and Sentinel-2 multispectral imagery for precise, year-round data collection to monitor lake size and potential outburst risks.
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About Central Water Commission (CWC):
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Details |
| Establishment |
- Established in 1945 as the Central Waterways, Irrigation and Navigation Commission (CWINC);
- On the advice of Dr. B. R. Ambedkar (a member of the then Viceroy’s Executive Council).
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| Nodal Ministry |
Ministry of Jal Shakti under the Department of Water Resources, River Development and Ganga Rejuvenation. |
| Status |
Statutory body serving as an advisory entity to the GoI on water resources development and management. |
| Headquarters |
New Delhi |
| General Responsibilities |
- Initiating, coordinating, and furthering schemes for the control, conservation, and utilization of water resources.
- Compiles and maintains nationwide National Register of Large Dams (NRLD).
- Conducts hydrological surveys.
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| Scope of Work |
CWC deals exclusively with surface water; the Central Groundwater Board (CGWB) manages groundwater resources. |
| Chairman |
Chairman serves as the Ex-Officio Secretary to the GoI. |
| Wings of CWC |
• Designs and Research (D&R) Wing
• River Management (RM) Wing
• Water Planning and Projects (WP&P) Wing |
PYQ:
[2020] Consider the following statements:
1. 36% of India’s districts are classified as “overexploited” or “critical” by the Central Ground Water Authority (CGWA).
2. CGWA was formed under the Environment (Protection) Act.
3. India has the largest area under groundwater irrigation in the world.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 2 only
(d) 1 and 3 only |
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