PM Modi’s Call for Uniform Civil Code: Ambedkar and Munshi’s Perspectives

GS 2: Polity and Governance: Uniform Civil Code

Why is it in the news?

• Prime Minister Narendra Modi reiterated the need for a Uniform Civil Code (UCC) during the Lok Sabha discussion on the 75-year journey of the Constitution. He highlighted the Constituent Assembly’s deliberations and credited leaders like B.R. Ambedkar and K.M. Munshi for advocating the UCC.
• Modi emphasized Ambedkar’s stance on eliminating religion-based personal laws and Munshi’s view of the UCC as essential for national unity and modernization. Modi asserted that the government is committed to establishing a “secular civil code” in line with the framers’ vision.

About Uniform Civil Code

• The UCC proposes a unified set of laws governing personal matters like marriage, divorce, and inheritance, replacing the current system where religious communities follow their respective personal laws.
• This idea, debated since the Constitution’s drafting, is seen as pivotal for promoting equality and national integration.

KM Munshi’s Advocacy for UCC

• The Constituent Assembly debated UCC under Draft Article 35 on November 23, 1948, as part of the Directive Principles of State Policy. Though not legally binding, these principles were intended to guide state policymaking. Munshi strongly supported UCC, countering criticism that it would oppress minorities.
• Munshi dismissed claims that UCC would be tyrannical. He noted that even advanced Muslim countries had enacted civil codes, unlike India’s rigid adherence to personal laws. He emphasized that discriminatory practices within Hindu law, particularly against women, could not align with the Constitution’s guarantees of gender equality.
• Munshi argued that a UCC was essential to grant women equal rights. Munshi linked UCC to national unity, urging Indians to adopt a progressive approach.
• He stated that religion should remain confined to spiritual domains, while societal laws should unify and modernize the nation. He reassured minorities that UCC was not tyranny against them but an effort to foster equality and nation-building.

Ambedkar’s Views on UCC

• B.R. Ambedkar endorsed Article 35, advocating the state’s role in legislating personal laws. He highlighted that India already had uniform laws in criminal codes and questioned why personal laws should remain immutable.
• He cited historical instances where personal laws varied regionally, disproving claims of uniformity in practices like succession. Ambedkar argued against religion’s expansive jurisdiction over societal matters.
• He viewed liberty as a means to reform inequitable social systems and supported state authority to legislate personal laws. Ambedkar emphasized that the state’s power to legislate was only a provision to enable reform and would consider the sentiments of all communities before enactment.

Conclusion

• The Constituent Assembly approved Article 35, which was later renumbered as Article 44 of the Indian Constitution. It embodies the vision for a Uniform Civil Code, aiming to ensure equality and national unity while respecting India’s diverse religious sentiments.

Supreme Court Examines POSH Act’s Applicability to Political Parties

GS 2: Polity and Governance: POSH Act

Why is it in the news?

• On December 9, the Supreme Court heard a PIL seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties.
• The petitioner was directed to approach the Election Commission of India (ECI) as it is the competent authority to encourage political parties to establish internal mechanisms consistent with the POSH Act.
• The POSH Act mandates public and private workplaces to form Internal Complaints Committees (ICCs) to address sexual harassment complaints. The petition highlighted the lack of ICCs in political parties, raising questions about the Act’s application to organisations without a traditional workplace structure.

Scope of the POSH Act

• The POSH Act protects women from sexual harassment at workplaces, as outlined in Section 3(1).
• The definition of “workplace” under the Act is broad, covering public and private organisations, institutions, sports venues, hospitals, and even locations visited by employees during work. However, applying this definition to political parties is complicated due to their unique structure.
• In 2022, the Kerala High Court addressed this issue in Centre for Constitutional Rights Research and Advocacy v State of Kerala & Ors. The court ruled that political parties do not have an employer-employee relationship with their members and do not operate as traditional workplaces under the POSH Act. Thus, they are not required to establish ICCs.

Challenges in Applying the POSH Act to Political Parties

• The Representation of People Act, 1951 (RP Act), governs the registration and functioning of political parties. Under Section 29A, parties must register with the ECI, provide details of their organisational structure, and affirm allegiance to the Constitution.
• However, determining a “workplace” within political parties remains complex, as many party workers are temporary, field-based, and lack defined workspaces. The Act’s expansive definitions of “workplace” and “employee” could potentially extend its protections to party workers.
• Additionally, party constitutions often provide organisational hierarchies that could help identify an “employer” responsible for setting up ICCs.

Current Mechanisms in Political Parties

• Political parties handle internal discipline through their committees. The BJP’s Constitution establishes Disciplinary Action Committees at national and state levels, while the Congress Constitution outlines a similar framework.
• These committees can address breaches of discipline, including actions that lower the party’s prestige or involve moral turpitude. However, they lack provisions for ICCs and do not require women or external members, as mandated under the POSH Act.

ECI’s Role in Enforcing Other Laws

• The ECI’s powers stem from Article 324 of the Constitution and the RP Act. While it supervises elections and party registration, its role in enforcing other laws is less defined.
• For instance, the Central Information Commission (CIC) ruled in 2013 that political parties are subject to the Right to Information Act, 2005, but compliance remains limited.
• The ECI has taken steps to issue advisories to parties on other laws, such as instructing them not to involve children in campaigning as per the Child Labour (Prohibition and Regulation) Act, 1986. Similarly, it could encourage compliance with the POSH Act by issuing guidelines for establishing mechanisms to address sexual harassment.
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Supreme Court’s Observations on Religion in Reservations

GS 2: Polity and Governance: Religion and Reservations

Why is it in the news?

• On December 9, the Supreme Court reiterated that “reservation cannot be on the basis of religion.” This statement was made while hearing a challenge to the Calcutta High Court’s May decision to strike down OBC reservations granted to 77 classes, predominantly from the Muslim community.
• The Court also recently denied Scheduled Caste (SC) status to a Christian convert, reinforcing the significance of religion in determining reservation eligibility.
• These cases have reignited debates on the relationship between religion and reservation policies since the Constitution’s inception in 1950.

Religion and OBC Reservations

• The Constitution does not explicitly bar religious groups from being included as beneficiaries of OBC or Scheduled Tribe reservations. Article 16(4) allows states to provide reservations to “any backward class of citizens” underrepresented in state services.
• Several states, such as Kerala (since 1956), Karnataka (1995), and Tamil Nadu (2007), have included certain Muslim groups in the OBC category based on reports identifying their social and economic backwardness.
• The Justice Rajender Sachar Committee (2006) highlighted the underrepresentation of Muslim OBCs in Central Government jobs and recommended improved access to entitlements.
• However, the Supreme Court’s Indra Sawhney judgment (1992) clarified that while religion and other group identities could be considered for OBC status, they cannot be the sole basis for reservations.
• Based on this precedent, the Calcutta High Court struck down reservations for 77 predominantly Muslim classes, stating that religion was the sole criterion used without objective evidence of backwardness.

Religion and Scheduled Caste Reservations

• Under Article 341(1), the President specifies castes eligible for SC benefits, as listed in the Constitution (Scheduled Castes) Order, 1950. Initially limited to Hindus, the order was amended to include Sikh (1956) and Buddhist (1990) converts but excludes Christians and Muslims.
• In Soosai v. Union of India (1985), the Supreme Court ruled that a person converting to another religion must prove that caste-based handicaps persist post-conversion to access SC benefits.
• Despite periodic attempts to amend the SC order, such as a 1996 Bill to include Christian converts, no significant legislative changes have been made.
• The Ranganath Mishra Commission (2007) recommended extending SC benefits to all religious converts, arguing that caste discrimination transcends religion. However, the Centre has rejected this recommendation in recent years.

Pending Cases and Challenges in SC Reservations

• The constitutional validity of the 1950 SC order, particularly its exclusion of Christian and Muslim converts, remains under scrutiny.
• In Ghazi Saaduddin v. State of Maharashtra (pending since 2004), the Supreme Court is examining whether the exclusion violates constitutional principles. While a new commission, chaired by former Chief Justice K G Balakrishnan, is investigating the issue, its report has been delayed until October 2025.

Supreme Court on Religious Group Reservations for OBCs

• The Supreme Court is also considering the validity of OBC reservations granted to entire religious groups. In 2005, the Andhra Pradesh government’s law providing 5% OBC reservations to Muslims was struck down by the High Court for lacking objective criteria.
• Similar to the Calcutta High Court case, the court ruled that backwardness could not be assumed based solely on religion. The Supreme Court has not yet heard this case, pending its focus on other significant reservation-related challenges.

How would a carbon market function?

GS 3: Environment and Biodiversity: Working of Carbon Market

Why is it in the news?

• COP29 has boosted the concept of carbon markets as a tool to reduce carbon emissions by approving standards that could facilitate the establishment of an international carbon market as early as next year.

About Carbon Market

• A carbon market is a system where the right to emit carbon into the atmosphere is bought and sold. Governments limit the number of carbon credits they issue, with each credit equivalent to 1,000 kilograms of carbon dioxide. By restricting the total number of credits, governments control how much carbon can be emitted.
• Those who hold carbon credits can trade them to others who need them, and the price is determined by market forces, i.e., the supply and demand for credits.
• Carbon markets can also include trading carbon offsets, where firms purchase offsets from environmental groups that promise to reduce carbon emissions, such as planting trees to absorb carbon.

The Role of Carbon Credits and Their Trading

• Carbon credits function under a system where firms and individuals that hold excess credits can sell them to those in need. This trading system incentivizes companies to reduce their emissions, as they can profit from selling surplus credits.
• The price of carbon credits is driven by the market, meaning if there is an oversupply of credits, the price falls, making it cheaper for firms to pollute.
• The concept of carbon credits was first implemented in the 1990s in the U.S. to control sulphur dioxide emissions through a cap-and-trade model, which set a cap on emissions and allowed companies to trade credits.

Advantages of Carbon Markets

• Carbon markets aim to solve the externality problem caused by carbon emissions, where companies do not bear the cost of their pollution. By assigning a price to emissions, carbon markets create a financial incentive for firms to reduce their pollution.
• For example, if a business emits carbon without paying for the privilege, they do not bear the cost of the environmental damage. A functioning carbon market imposes a cost on emissions, motivating firms to curb their carbon output.
• Technological advancements and standardized accounting frameworks have improved the ability of companies to track and report carbon emissions. While small businesses in developing countries may struggle with accurate reporting, ongoing developments in real-time data tracking are improving carbon accounting.
• However, large corporations prefer voluntary reporting systems like the Carbon Disclosure Project, fearing government intervention may lead to restrictions or higher costs.
• Multinational corporations like ExxonMobil and General Motors advocate for a market-driven carbon credit system, where credits can be traded freely among firms, ensuring efficient allocation of resources.

Criticism of Carbon Markets

• While carbon markets can be effective in reducing emissions, several challenges remain. Governments that are not committed to reducing emissions may increase the supply of carbon credits, which can drive down the price of credits and fail to reduce emissions meaningfully.
• In some cases, governments may allow firms to cheat by illegally emitting carbon or manipulating the system. Critics also argue that the success of carbon offsets relies on firms’ genuine commitment to reducing emissions, rather than just engaging in “virtue signalling” to appear environmentally responsible.
• Another criticism concerns how governments determine the optimal supply of carbon credits. Some argue that politicians, who do not personally bear the costs of emissions reductions, may restrict the supply of credits too much, slowing down economic growth.
• Conversely, a lack of proper regulation could lead to market distortions, where credits become too cheap and fail to incentivize meaningful emission reductions.

The Polavaram Project

GS 2: Polity and Governance: Polavaram Dam project

Why is it in the news?

• A political party from Odisha has intensified efforts to highlight the potential adverse effects of the Polavaram Dam project on the tribal communities in the state’s Malkangiri district.
• Recently, a delegation of Rajya Sabha members submitted a memorandum to various central agencies, including the Central Water Commission (CWC), the Ministry of Tribal Affairs, and the Ministry of Environment, Forest and Climate Change.
• The memorandum raised concerns that the impact of submergence due to the ‘unilateral’ changes in the project’s design has not been adequately studied.

Project Status and Concerns Raised

• The Polavaram project on the Godavari River has become an interstate issue involving Odisha, Chhattisgarh, and Andhra Pradesh. The Chief Minister of Andhra Pradesh has committed to completing the project by 2027, with the Union government allocating ₹15,000 crore for its progress.
• However, concerns have been raised that the CWC failed to conduct a backwater study for the revised design flood, despite expert recommendations and the Odisha government’s objections regarding the safety of tribal populations.
• Discrepancies in submergence level estimates have been highlighted, with a backwater study by Andhra Pradesh in 2009 indicating a flood of 50 lakh cusecs causing submergence up to 216 feet in Odisha, which exceeds the original limit of 174.22 feet.
• Additionally, a 2019 IIT Roorkee report estimated that a 58 lakh cusec flood could cause submergence of up to 232.28 feet.

Background of the Project

• The Polavaram Irrigation Project was conceived based on recommendations from the Godavari Water Disputes Tribunal, with an agreement between Andhra Pradesh, Madhya Pradesh, and Odisha in 1980 for its execution by Andhra Pradesh.
• In 2014, the project was declared a national project under the Andhra Pradesh Reorganization Act (APRA). The initial project cost was ₹10,151.04 crore in 2005-06 but escalated to ₹55,548.87 crore by 2019.

Concerns over Submergence in Malkangiri District

• The Odisha state government has expressed concern about the potential submergence of Malkangiri district due to backwaters from the Polavaram project.
• In 2016, the Odisha government submitted a report to the National Commission for Scheduled Tribes (NCST), stating that the project would submerge 7,656 hectares of land, including forestland, and displace more than 6,800 people, including 5,916 tribals in Malkangiri. However, no comprehensive study has been carried out to assess the extent of the submergence.

Remedial Measures and Controversies

• The Ministry of Jal Shakti has proposed constructing protective embankments along the Sileru and Sabari rivers in Odisha and Chhattisgarh to prevent submergence. However, the Odisha government has expressed concerns about the feasibility of these embankments, as they would require the diversion of forestland and may cause flooding in Odisha.
• Despite these concerns, the Ministry has directed the State Pollution Control Boards of Odisha and Chhattisgarh to conduct public hearings on the construction of these embankments, as the project is at an advanced stage. However, Odisha has yet to hold a public hearing.