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8th March 2021
SC seeks States’ views on 50% cap on quota
- The Supreme Court recently decided to examine whether its nearly three-decade-old judgment which fixed reservation for the marginalised and the poor in government jobs and educational institutions at 50% needs a relook.
- In 1992, a nine-judge Bench of the court had drawn the “Lakshman rekha” for reservation in jobs and education at 50%, except in “extraordinary circumstances”.
- However, over the years, several States, such as Maharashtra and Tamil Nadu, have crossed the Rubicon and passed laws which allow reservation shooting over 60%.
- A five-judge Bench set up to hear the challenge to the Maratha quota law, decided not to confine the question of reservation spilling over the 50% limit to just Maharashtra.
- The Bench expanded the ambit of the case by making other States party and inviting them to make their stand clear on the question of whether reservation should continue to remain within the 50% boundary or not.
- The court framed a series of questions, which include whether the Indira Sawhney verdict of 1992, fixing 50% limit on quota, needs to be relooked by a larger Bench of more than nine judges.
- Another question is whether the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018, which provides 12% to 13% quota benefits for the Maratha community, thus taking the reservation percentage in the State across the 50% mark, was enacted under “extraordinary circumstances”.
- The Indira Sawhney judgment had categorically said “50% shall be the rule, and only in certain exceptional and extraordinary situations for bringing far-flung and remote areas population into mainstream the said 50% rule can be relaxed”.
- The court will also examine whether the Maharashtra State Backward Classes Commission, had made up a case of “extraordinary circumstances” of deprivation suffered by the Maratha community, requiring the helping hand of reservation even at the cost of crossing the 50% line.
- In fact, the Bombay High Court had, in June 2019, reduced the quantum of reservation for Marathas from the 16% to 12% in education and 13% in employment.
- A significant question the Bench wants to judge is whether the Constitution (One Hundred Second Amendment) Act of 2018, which introduced the National Commission for Backward Classes (NCBC), interferes with the authority of the State legislatures to provide benefit to the social and educationally backward communities in their own jurisdiction.
- The Constitution Amendment Act had introduced Articles 338B and 342A in the Constitution.
- Article 338B deals with the NCBC. Article 342A empowers the President to specify the socially and educationally backward communities in a State.
- It says that it is for the Parliament to include a community in the Central List for socially and backward classes for grant of reservation benefits.
- The court wants to delve into the issue whether Article 342A strips the State legislatures of their discretionary power to include their backward communities in the State List.
- The per capita income of the people of Delhi has fallen by 5.91% (at current prices) to ?3,54,004 during 2020-21, compared to ?3,76,221 in 2019-20.
- Also, the Gross State Domestic Product (at current prices) fell by 3.92% in 2020-21 to ?7,98,310 crore from ?8,30,872 crore in 2019-20, as per the Economic Survey of Delhi 2020-21 tabled in the Delhi Assembly recently.
- Business was less in the market and because of this revenue was less for the government.
- This was due to the effect of COVID-19 and the series of lockdowns, which disrupted the economy across the world, according to the survey report.
- Experts said that the fall in income and GSDP shows that there was less money in the hands of people, which reduced their purchasing power, and it also shows that investments had reduced.
- The actual per capita income will be even lesser, as this data does not take into account the unorganised sector, such as daily wage labourers, who were heavily hit during the pandemic.
- Also, the unorganised sector has not recovered compared to organised sector.
- Delhi government should work to “generate employment” and spend more money on health, education, or small infrastructure projects, which generates employment.
- The government should also try to look for an “urban employment scheme” on lines of Mahatma Gandhi National Rural Employment Guarantee Act to (MGNREGA).
- The year 2020 witnessed unrivalled turmoil with the novel COVID-19 virus and the resultant pandemic emerging as the biggest threat to economic growth in a century.
- The pandemic has been unique in its wide-ranging effects on almost every section of the economy and the society.
- The government expects the economic condition to pick and register growth.
- In 2021-22, a sharp recovery of real GSDP of Delhi with a double-digit growth is expected based on a low base effect and inherent strengths of the economy.
- Delhi has maintained its consistent revenue surplus which was ?7,499 crore during 2019-20 (Prov.) as compared to ?6,261 crore during 2018-19. Also, about 30.74 lakh Foreign Tourist Arrivals (FTAs) was recorded in Delhi during 2019.
- Only half of government schools and anganwadis have tap water supply, despite a 100-day campaign for 100% coverage being launched by the Jal Shakti Ministry in October 2020, according to information provided to the Parliamentary Standing Committee on Water Resources.
- Less than 8% of schools in Uttar Pradesh and 11% in West Bengal have it, while it is available in only 2-6% of anganwadis in Assam, Jharkhand, Uttar Pradesh, Chhattisgarh and Bengal.
- At a time when schools and anganwadis are just starting to reopen after a year-long shutdown, COVID-19 safety protocols require repeated handwashing by students and teachers.
- In its report on the demand for grants submitted to the Lok Sabha on Monday, the Standing Committee urged the Ministry to take up the matter with laggard States.
- The campaign to provide potable piped water supply for drinking and cooking purposes and tap water for washing hands and in toilets in every school, anganwadi and ashramshala or residential tribal school was launched on October 2, Gandhi Jayanti.
- The 100-day period should have ended on January 10, 2021. However, as of February 15, only 48.5% of anganwadis and 53.3% of schools had tap water supply, the Ministry told the Parliamentary panel.
- Seven States — Andhra Pradesh, Goa, Haryana, Himachal Pradesh, Tamil Nadu, Telangana and Punjab — achieved 100% coverage.
- A number of other States also made significant progress in that time, and 1.82 lakh grey water management structures and 1.42 lakh rainwater harvesting structures were also constructed in schools and anganwadi centres.
- However, some States/ UTs have indicated that they need more time to complete the task and sustain the efforts. Therefore, the campaign has been extended till March 31, 2021.
- The panel noted that “children are more susceptible to water-borne diseases, more so when there is also a need for repeated washing of hands as a precautionary measure during the pandemic.
- The Indian Space Research Organisation (ISRO) has said it will be in charge of projects linked to “national security and advanced technology”, such as the forthcoming Chandrayaan-2 missions and the Gaganyaan mission that plans to send Indian cosmonauts into space.
- However, the bulk of commercial activities would increasingly be handled by the newly formed New Space India Ltd (NSIL).
- NewSpace India Limited (NSIL) is a Public Sector Enterprise (PSE) of Government of India and commercial arm of Indian Space Research Organisation (ISRO).
- It was established on 6 March 2019 under the administrative control of Department of Space (DoS) and the Company Act 2013.
- The main objective of NSIL is to scale up industry participation in Indian space programmes.
- The NSIL recently coordinated the launch of the Amazonia satellite by Brazil on February 28, its first fully commercial mission that also saw 18 other satellites being launched.
- The NSIL was incorporated in March 2019 and in June 2020, its scope was “enhanced”.
- Its mandate, according to a standing committee report on space laid in the Rajya Sabha on Monday, includes owning satellites for earth observation and communication applications.
- Transfer of Small Satellite technology to industry: NSIL will obtain license from DoS/ISRO and sub-license the same to industry.
- Manufacture of Small Satellite Launch Vehicle (SSLV) in collaboration with private sector
- Production of Polar Satellite Launch Vehicle (PSLV) through Indian industry
- Production and marketing of Space based products and services, including launch and application.
- Transfer of technology developed by ISRO Centres and constituent units of DoS
- Marketing of spin-off technologies and products/services, both in India and abroad.
- India is finally at the table with five other countries to decide on the roadmap for peace in Afghanistan after six months of hectic behind-the-scenes diplomacy.
- This mechanism has been suggested by Washington even as Moscow is learnt to have suggested a plan that kept New Delhi out.
- Russian interlocutors — amid growing proximity between Moscow and Beijing — suggested that Russia, China, US, Pakistan and Iran should be at the table.
- This, officials said, was apparently done at the behest of Pakistan which has never wanted India to be part of any roadmap for the region.
- New Delhi, for long on the sidelines, reached out to all key players in Afghanistan and other countries to make its way to the negotiating table. India's interests need to be safeguarded.
- By being part of the team, New Delhi hopes to have a role in setting the terms — especially concerning terrorism, violence, women’s rights and democratic values.
- India’s refrain has been that it wants an Afghan-led, Afghan-controlled and Afghan-owned process but ground realities have been such that other players have dictated terms.
- US Secretary of State Antony Blinken sent a letter last week to Afghan President Ashraf Ghani and chairman of the High Council for National Reconciliation, Abdullah Abdullah.
- In it, he proposed a regional conference under the UN auspices with foreign ministers of US, India, Russia, China, Pakistan and Iran to discuss a “unified approach” on Afghanistan.
- New Delhi’s engagement with Iran and its strategic investment in developing the Chabahar port as an access to Afghanistan helped India's inclusion.
- The Biden administration’s proposal is also an acknowledgment of India’s pro-active role in the Afghan reconstruction process, an official said.
- The current outreach to Islamabad over the ceasefire along the LoC will also be a factor at the table.
- US Secretary of State’s letter called for holding talks between Afghan elders and the Taliban in Turkey in the coming weeks to hammer out a revised proposal for a 90-day reduction in violence.