AMIGOS IAS Daily CA (2^nd August 2024)

Sub-classification of SC, ST

GS 2: Polity and Governance: Sub categorisation of SCs/STs

Why is it in the news?

• In a landmark judgment, a seven-judge Bench of the Supreme Court redefined how the Scheduled Castes (SC) and Scheduled Tribes (ST) quota may operate, marking the first significant change since reservations were introduced in the Constitution in 1950.
• The Bench, led by Chief Justice of India D Y Chandrachud, allowed states to create sub-classifications within the SC and ST categories to provide wider protections through fixed sub-quotas to the most backward communities within these categories.
• This overturns the apex court’s 2004 decision in E V Chinnaiah v State of Andhra Pradesh, which held that the SC/ST list is a “homogenous group” that cannot be further divided. The ruling included six separate opinions, with five in favour of sub-classification and one dissent by Justice Bela Trivedi.

Background

• Article 341 of the Constitution permits the President to list as SC “castes, races or tribes” that suffered from untouchability, collectively granting them 15% reservation in education and public employment.
• Over the years, some groups within the SC list have been underrepresented, prompting states to extend more protection to these groups, though these attempts have faced judicial scrutiny.
• In 1975, Punjab issued a notification giving first preference in SC reservations to the Balmiki and Mazhabi Sikh communities.
• This was challenged in 2004 after the apex court struck down a similar law in Andhra Pradesh in E V Chinnaiah. The court held that differentiating within the SC list would amount to tinkering with it, which the Constitution does not empower states to do.
• In 2006, the Punjab & Haryana High Court struck down the 1975 notification, but the same year, Punjab reintroduced the first preference in reservations for the Balmiki and Mazhabi Sikh communities through the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006.
• This Act was challenged and struck down by the High Court in 2010, leading to an appeal at the Supreme Court.
• In 2020, the Justice Arun Mishra-headed Constitution Bench in Davinder Singh v State of Punjab held that the 2004 decision required reconsideration, acknowledging “unequals within the list of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes.” Consequently, a seven-judge Bench heard the issue in February 2024.

The following were the key issues before the bench:

Issue 1: Are All Castes in the SC List to be Treated Similarly?

• Article 341(1) of the Constitution empowers the President to specify the castes, races, or tribes in a state that shall be deemed Scheduled Castes in relation to that state or Union territory.
• Article 341(2) states that only Parliament can include or exclude any caste, race, or tribe from the SC list. The court in E V Chinnaiah held that SCs must be treated identically since the Constitution envisaged the same benefits for them.
• In recent judgment, CJI Chandrachud rejected this premise, stating that “The inclusion [in the Presidential list] does not automatically lead to the formation of a uniform and internally homogenous class which cannot be further classified.”

Issue 2: Can States ‘Tinker’ with or Sub-Classify the Presidential List?

• Articles 15(4) and 16(4) of the Constitution allow states to make special provisions for the advancement of SCs, including reservations in education and public employment.
• The court in E V Chinnaiah had held that once reservations have been provided to SCs as a whole, it is not open to the state to sub-classify a class already recognized by the Constitution.
• However, in the recent judgement, the majority opinion held that states can identify different degrees of social backwardness and provide special provisions to address them.
• Justice Gavai argued that equality of opportunity must consider the varying social positions of different communities.

Issue 3: What is the Yardstick for Sub-Classification?

• The majority opinion set guidelines for states on establishing sub-quotas. States must demonstrate a need for wider protections, bring empirical evidence, and have a “reasonable” rationale for classifying sub-groups, which can be tested in court.
• The CJI stressed that representation in public services must be “effective representation,” not merely “numerical representation.” Even if an SC community is adequately represented numerically, they may still be barred from achieving effective representation in higher posts.
• Thus, the state must prove that the sub-group is more disadvantaged and inadequately represented, based on quantifiable data.

Issue 4: Does the ‘Creamy Layer’ Principle Apply to Scheduled Castes?

• Justice Gavai supported introducing the ‘creamy layer’ exception for SCs (and STs), similar to the concept used for Other Backward Classes (OBCs).
• This principle places an income ceiling on reservation eligibility to ensure that the most needy within a community benefit from the quotas.
• Four of the seven judges agreed with Justice Gavai’s view on this matter.

State by State, Prominent Tribal & Dalit Communities

Maharashtra:

• Over three dozen SC communities, with Mahar and Matang being the most prominent.
• Mahar are socio-politically proactive with relatively high literacy, and many converted to Buddhism in 1956 following Dr. BR Ambedkar.
• Matang are the second largest SC community and mostly Hindu. The Gond and Bhil tribes are the largest, residing in Vidarbha and North Maharashtra, respectively.

Rajasthan:

• Meghwal is the largest SC community, primarily in border districts, while Bairwa and Jatav dominate in eastern Rajasthan.
• Meena is the most dominant tribe, influencing many Assembly seats and having significant presence in police and bureaucracy nationwide.
• Bhil, dominant in Banswara and Dungarpur districts, recently rallied behind a new tribal party.

Odisha:

• Tribals make up 22.85% of the population, with Khond being the largest tribe, living in southern districts. Santal are the second largest tribal group.
• Pan is the dominant SC community, followed by Dom, Dhoba, Ganda, Kandra, and Bauri.

Chhattisgarh:

• STs are over 30% of the population, with Gond being the most dominant tribe, followed by Kawar/Kanwar and Oraon.
• SCs constitute 12.7% of the population, with the largest group making up over 70% of the Dalit population, known by various names like Bairwa and Raidas.

Madhya Pradesh:

• SCs are about 15.6% of the population, with the largest Dalit group traditionally being leather workers.
• The Balai, concentrated in the Malwa region, make up about 12% of the SC population. STs constitute 21% of the population, with Bhil being the largest tribe, followed by Gond.

West Bengal:

• Rajbanshi is the largest SC group, influencing elections in North Bengal. Matua are the second largest SC group, mainly in North and South 24-Parganas and border districts.
• Bagdi, the third largest SC community, reside mainly in Bankura and Birbhum.

Gujarat:

• Vankar, primarily weavers, make up 35-40% of the SC population, leading in education and jobs, followed by Rohit, making up 25-30% of the SC population.
• Bhil are almost 43% of the tribal population, mainly in southern districts. Halpati constitute over 6% of the state’s tribals.

Telangana:

• The Madiga community, which makes up 50% of SCs in Telangana, has struggled to access government benefits due to the dominance of the Mala community. Despite their large numbers, the Madiga community claims they have been excluded from SC-related initiatives.
• They have been advocating for the sub-categorization of SCs since 1994, prompting the creation of the Justice P. Ramachandra Raju Commission in 1996 and a National Commission in 2007.

Additional Information:

Arguments for Sub-Classification:

• Targeted Policies: Sub-classification offers detailed data, enabling the development of more precise and effective policies and programs that cater specifically to the diverse needs within SC/ST communities.
• Enhanced Flexibility: Sub-classification enables both central and state governments to create policies tailored to the needs of the most disadvantaged within SC/ST communities, improving the effectiveness of support.
• Ensuring Social Justice: Proponents believe sub-classification advances the constitutional goal of social justice by directing targeted benefits to those most in need, thereby addressing inequalities within the SC/ST groups.
• Constitutional Provisions: 
• Article 16(4): Permits reservations for backward classes inadequately represented in state services. 
• Article 15(4): Empowers states to make special provisions for the advancement of socially and educationally backward classes, including SCs and STs. 
• Article 342A: Allows states flexibility in maintaining lists of socially and economically backward classes.

Arguments against Sub-Classification:

• Homogeneity of SCs and STs: Critics argue that sub-classification could disrupt the uniform status of SCs and STs as recognized in the Presidential list, potentially affecting their collective identity and benefits.
• Balancing Interests: While sub-classification aims to benefit the most disadvantaged sub-groups, managing and balancing the competing interests within the SC community can be complex.
• Social Divisions: There are concerns that sub-classification might worsen existing social tensions and deepen inequalities within the SC community, leading to further divisions leading to intra-community conflicts and divisions.
• Complexity of Identification Criteria: Determining appropriate criteria for sub-classification is challenging due to socio-economic complexities, as evidenced by judgments like *State of Kerala v N M Thomas (1976) and E V Chinnaiah (2005).
• Political Resistance: Sub-classification policies often encounter opposition from various political groups, which can result in delays and conflicts over changes to reservation systems.
• Quota May Not be Enough: The National Commissions argue that a quota within a quota won’t resolve disparities effectively, as the most disadvantaged SCs may still lack candidates for higher-level posts. Existing schemes should be prioritized to better reach benefits reach them on a priority basis.

Conclusion:

Implementing sub-categorization with pragmatic, legally aligned solutions can optimize its benefits and mitigate associated risks, thereby promoting a more inclusive and resilient society.

Identifying the ‘Creamy Layer’: Model of OBC Reservation

GS 2: Polity and Governance: OBC Reservation

Why is it in the news?

• The Supreme Court recently permitted the sub-classification of Scheduled Castes (SC) and Scheduled Tribes (ST) to grant separate quotas for the more backward within these communities.
• Justice B R Gavai, in his opinion, emphasized the need for the State to develop a policy for identifying the creamy layer within SCs and STs to exclude them from the benefits of affirmative action.
• This policy can be modelled after the Other Backward Classes (OBC) reservations.

Understanding the ‘Creamy Layer’

• The concept of the creamy layer emerged from the landmark Indra Sawhney ruling in 1992.
• Based on the Mandal Commission’s recommendation, the V P Singh government in 1990 notified 27% reservation for Socially and Educationally Backward Classes (OBC) in civil posts and services. This was challenged in the Supreme Court by Indra Sawhney and others.
• On November 16, 1992, a nine-judge Bench headed by Justice B P Jeevan Reddy upheld the 27% OBC reservation, subject to the exclusion of the creamy layer, or the more socially, economically, and educationally advanced members among OBCs, to ensure that reservation benefits reached those most in need.
• The creamy layer refers to the better-off individuals within a caste/community based on specific criteria, not the sub-classification of the entire reserved category.

Identifying the Creamy Layer among OBCs

• The criteria for determining the creamy layer were established by an expert committee headed by retired Justice Ram Nandan Prasad, following the Indra Sawhney judgement.
• The committee’s report, submitted on March 10, 1993, led to the Department of Personnel and Training (DoPT) listing six categories on September 8, whose children would be considered in the creamy layer.
• These categories include individuals holding constitutional/statutory posts, Group ‘A’ and ‘B’ officers of central and state governments, employees of PSUs and statutory bodies, universities, Colonels and above in the armed forces, professionals such as doctors and lawyers, and property owners with significant holdings. The creamy layer is determined by parental occupation and income.
• Initially, the income threshold was set at Rs 1 lakh per annum, revised to Rs 8 lakh in 2017, with no further updates. A committee headed by former DoPT secretary B P Sharma was constituted in March 2019 to review this criteria, but progress has stalled.

Determining the Creamy Layer among SCs and STs

• Justice Gavai noted that the criteria for excluding the creamy layer among SCs and STs might differ from those for OBCs but did not specify how this should be done.
• Justice Pankaj Mithal suggested one possible criterion: differentiating between children studying in prestigious urban colleges and those in rural schools.

Conclusion

• The issue of the SC creamy layer is complex, as the historic injustices of caste are profound, and economic and social criteria that enable upward mobility for OBCs may not apply similarly to SCs and STs.
• Ultimately, the Supreme Court’s ruling leaves it to the states to decide whether to create a creamy layer exception and how to implement it, likely requiring the formation of a committee similar to the Justice R N Prasad Committee for OBC reservations.

Also refer article on 29/07/2024 – On Reservations and the OBC creamy layer

India believes in development, not expansionism: PM Modi

GS 2: International Relations: India-Vietnam

Why is it in the news?

• Prime Minister Narendra Modi emphasized that India is committed to development rather than expansionism, indirectly referencing Chinese activities in the South China Sea.
• During a meeting with Vietnamese Prime Minister Pham Minh Chinh at the Indian Council of World Affairs, Modi stressed the importance of freedom of navigation and affirmed India’s support for a free, open, and rule-based Indo-Pacific.

More about the news

• Prime Minister Minh Chinh echoed Modi’s views on maritime security, advocating for a collective approach to resolving conflicts in West Asia and Myanmar.
• He recalled India’s role in peacebuilding in Vietnam during the 1950s and sought enhanced cooperation in energy, defence, and culture.
• Minh Chinh praised India as a stabilizing force in the Indo-Pacific and emphasized the need for peaceful dispute resolution based on international law, particularly United Nations Convention on the Law of the Sea (UNCLOS) 1982.
• Modi’s comments came shortly after External Affairs Minister S. Jaishankar participated in the Quad Foreign Ministers’ meeting in Tokyo, where India, along with Australia, Japan, and the United States, reinforced the importance of upholding freedom of navigation.
• Minh Chinh also highlighted the historical significance of India’s non-alignment policy and advocated for Association of Southeast Asian Nations (ASEAN) as a key platform for addressing global development and dialogue issues.

Additional Information:

Significance of India – Vietnam Relations:

• Historical Ties: Pandit Jawaharlal Nehru was one of the first international leaders to visit Vietnam after its victory at Dien Bien Phu in 1954.
• Strengthened Political Contacts: Relations have been bolstered through numerous high-level visits and exchanges between leaders from both countries.
• Support for India’s Role: Vietnam supports India’s bid for a permanent seat on the UN Security Council and join the Asia-Pacific Economic Cooperation (APEC).
• Strategic Importance: Vietnam is a key pillar of India’s Act East Policy and a significant interlocutor in ASEAN also in the Indo-Pacific strategy.
• Beneficial Synergy: India’s Act East Policy and Vietnam’s increasing regional engagement have yielded significant mutual benefits.
• Regional Cooperation: India and Vietnam collaborate closely in forums such as ASEAN, East Asia Summit, Mekong-Ganga Cooperation, ASEM, as well as the UN and WTO.
• Defence Cooperation: Both countries signed the ‘Joint Vision Statement on India-Vietnam Defence Partnership towards 2030’ and a Memorandum of Understanding (MoU) on Mutual Logistics Support.
• India gifted the indigenously built in-service missile corvette INS Kirpan to Vietnam.
• Vietnam-India Bilateral Army Exercise: Ex VINBAX
• Maritime Security:
• Freedom of Navigation: Both India and Vietnam support the Freedom of Navigation, overflight, and lawful commerce in national waters according to international laws, especially UNCLOS.
• South China Sea Code of Conduct: India and Vietnam advocate for a South China Sea Code of Conduct that aligns with UN conventions and respects the rights of non-participating nations.
• Science and Technology: Agreements have been signed on agricultural research, and an Advanced Resource Centre in Information and Communications Technology (ARCICT) was inaugurated in Hanoi.
• India’s Assistance to Vietnam:
• The Archaeological Survey of India aids in preserving and conserving Vietnamese temples.
• India has provided several Lines of Credit (LoCs) to Vietnam since 1976 on concessional terms.
• Vietnam benefits from extensive training programs under the Indian Technical and Economic Cooperation (ITEC) program.

About United Nations Convention on the Law of the Sea (UNCLOS):

• Established in 1982, provides the legal framework for marine activities, replacing the four Geneva Conventions of 1958 on various maritime zones and high seas regulations.
• The Convention divides marine areas into five primary zones: Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and the High Seas.
• It serves as the foundation for offshore governance, delineating coastal states’ zones and specifying their rights and responsibilities across the five maritime zones.
• It established three new institutions: the International Tribunal for the Law of the Sea, the International Seabed Authority, and the Commission on the Limits of the Continental Shelf.

About ASEAN:

• Establishment: ASEAN was founded on 8 August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration (Bangkok Declaration) by Indonesia, Malaysia, the Philippines, Singapore, and Thailand.
• The organization’s goal is to promote stability and economic growth across these nations.
• Aim: ASEAN’s motto is “One Vision, One Identity, One Community.”
• Secretariat: The ASEAN Secretariat is based in Jakarta, Indonesia.
• Economic Outlook: The region is one of the world’s largest economies (GDP of $3.2 trillion as of 2022) and is projected to be the fourth-largest economy by 2050.

UPSC Prelims, Previous Year Question (PYQ):

Q. In the Mekong-Ganga Cooperation, an initiative of six countries, which of the following is/are not a participant/participants? (2015)

1. Bangladesh

2. Cambodia

3. China

4. Myanmar

5. Thailand

Select the correct answer using the code given below:

(a) 1 only

(b) 2, 3 and 4

(c) 1 and 3

(d) 1, 2 and 5

Answer: C

Q. Consider the following pairs: (2020)

    River          Flows into

1.    Mekong      Andaman Sea

2.    Thames       Irish Sea

3.    Volga           Caspian Sea

4.    Zambezi      Indian Ocean

Which of the pairs given above is/are correctly matched?

(a) 1 and 2 only

(b) 3 only

(c) 3 and 4 only

(d) 1, 2 and 4 only

Answer: C

Q. India is a member of which among the following? (2015)

1. Asia-Pacific Economic Cooperation

2. Association of South-East Asian Nations

3. East Asia Summit

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 3 only

(c) 1, 2 and 3

(d) India is a member of none of them

Answer: B

Q. Consider the following countries: (2018)

1. Australia

2. Canada

3. China

4. India

5. Japan

6. USA

Which of the above are among the ‘free-trade partners’ of ASEAN?

(a) 1, 2, 4 and 5

(b) 3, 4, 5 and 6

(c) 1, 3, 4 and 5

(d) 2, 3, 4 and 6

Answer: C

Q. The term ‘Regional Comprehensive Economic Partnership’ often appears in the news in the context of the affairs of a group of countries known as (2016)

(a) G20

(b) ASEAN

(c) SCO

(d) SAARC

Answer: B

Lt.-Gen. Sadhna Saxena Nair is DG, Medical Services of Army

GS 3: Miscellaneous

About the news

• Lieutenant-General Sadhna Saxena Nair has been appointed as the Director General, Medical Services (Army), becoming the first woman to hold this position.
• Before this role, she was the first woman to serve as Director General of Hospital Services (Armed Forces) upon her promotion to Air Marshal.
• Graduating from the Armed Forces Medical College, Pune, she was commissioned into the Army Medical Corps in December 1985.
• Lieutenant-General Nair also made history as the first woman Principal Medical Officer for both the Western Air Command and the Training Command of the Indian Air Force.
• Additionally, she was nominated as an expert member of the Dr. Kasturirangan Committee, contributing to the medical education component of the National Education Policy.

Additional Information:

About K. Kasturirangan Committee:

• The Ministry of Human Resource Development established the Committee chaired by Dr. K. Kasturirangan, for Draft National Education Policy in June 2017, the Committee submitted its report on May 31, 2019.
• The report aims to address challenges in access, equity, quality, affordability, and accountability in the education system and recommends reforms across all education levels, from school to higher education.
• Key Focus Areas:
• Emphasis on early childhood care.
• Reforming the current exam system.
• Strengthening teacher training.
• Restructuring the education regulatory framework.
• Additional Measures:
• Establishing a National Education Commission.
• Increasing public investment in education.
• Enhancing the use of technology.
• Focusing more on vocational and adult education.

India’s Ranking in Travel and Tourism Development

GS 3: Economy: Travel and Tourism

Why is it in the news?

• According to the Travel and Tourism Development Index (TTDI) 2024 report by the World Economic Forum (WEF), India is ranked 39th out of 119 countries, a significant improvement from its 54th position in 2021.
• The 2021 rank was later adjusted to 38th due to revisions in the WEF’s methodology.
• TTDI 2024 is the second edition, evolving from the Travel & Tourism Competitiveness Index (TTCI), a flagship index of the World Economic Forum that has been published since 2007.

More about the news

• The TTDI report highlights India’s progress in areas such as Travel & Tourism prioritization, Safety & Security, and Health & Hygiene.
• In 2022, India recorded 14.3 million international tourist arrivals, capturing 1.47% of the global tourism market share, with a 15.66% share in the Asia-Pacific region.
• The Ministry of Tourism promotes India’s destinations through various strategies, including integrated marketing, social media, and participation in international travel fairs.
• The Champion Service Sector Scheme (CSSS) has reimbursed ₹226 crore to the Ministry of Civil Aviation for the UDAN (RCS) scheme, which supports 53 tourism routes to enhance connectivity to key tourist destinations.

Additional Information:

National Tourism Policy, 2023:

• The Policy aims at improving framework conditions for tourism development in the country, supporting tourism industries, strengthening tourism support functions and developing tourism sub sectors.
• The policy establishes a National Tourism Advisory Council (NTAC), chaired by the Union Minister for Tourism and including state Tourism Ministers, relevant Line Ministries, and industry stakeholders, to offer vision, guidance, and direction for the development of the tourism sector.
• The 5 Key Strategic Objectives of the Policy are:
• To enhance the contribution of tourism in Indian economy by increasing the visitation, stay and spend and making India a year-round tourist destination,

Key focus areas of the policy: Green tourismDigital tourismDestination managementSkilling in the hospitality sector andSupporting tourism-related MSMEs

1. To create jobs and entrepreneurial opportunities in tourism sector and ensure supply of skilled work force,
2. To enhance the competitiveness of tourism sector and attract private sector investment,
3. To preserve and enhance the cultural and natural resources of the country,
4. To ensure sustainable, responsible and inclusive development of tourism in the country.

About World Economic Forum (WEF):

• It is an international non-governmental and non-profit organization for Public-Private Cooperation, engages foremost leaders of various fields of society such as political, business, cultural and others to shape global, regional, and industry agendas.
• Headquarters is in Geneva, Switzerland.
• The notable reports published by World Economic are as follows:
• Global Competitiveness Report,
• Global Information Technology Report,
• Global Gender Gap Report,
• Global Risks Report,
• Global Travel and Tourism Report,
• Global Enabling Trade Report.
• Human capital Report
• Inclusive Development Index
• Energy Transition Index
• Future jobs Report
• Inclusive Growth and Development Report

India’s Nuclear Power Capacity to triple by 2031-32

GS 3: Sc &Tech: Nuclear Technology

Why is it in the news?

• India’s nuclear power capacity is set to triple by 2031-32, expanding from the current 8,180 MW to 22,480 MW, according to Union Minister Dr. Jitendra Singh.

More about the news

• He highlighted that the country’s installed capacity has already surged by over 70% in the past decade, from 4,780 MW in 2013-14 to the current 8,180 MW.
• Additionally, annual electricity generation from nuclear plants has risen from 34,228 million units in 2013-14 to 47,971 million units in 2023-24.
• Further, Dr. Singh emphasized the role of nuclear energy in India’s transition to Net Zero by 2070. He mentioned ongoing efforts and recommendations aiming to achieve a national nuclear capacity of 100,000 MW by 2047.
• Presently, India operates 24 nuclear reactors and has 21 reactors with a total capacity of 15,300 MW under various stages of implementation.
• Additionally, nine reactors, including the Prototype Fast Breeder Reactor, are under construction, while 12 reactors, including twin units of Fast Breeder Reactors, are in pre-project activities.

Additional Information:

• The share of various energy sources in the total Electricity Generation are:
• Fossil fuel (including Coal)- 53.8%
• Renewable Energy (including Hydropower)- 41.4%
• Nuclear Energy- 3.1%

UPSC Previous Year Questions (PYQs)

Prelims

Q. The function of heavy water in a nuclear reactor is to (2011)

(a) Slow down the speed of neutrons

(b) Increase the speed of neutrons

(c) Cool down the reactor

(d) Stop the nuclear reaction

Answer: A

Q. In India, why are some nuclear reactors kept under “IAEA safeguards” while others are not? (2020)

(a) Some use uranium and others use thorium

(b) Some use imported uranium and others use domestic supplies

(c) Some are operated by foreign enterprises and others are operated by domestic enterprises

(d) Some are State-owned and others are privately owned

Answer: B

Mains

Q. With growing energy needs should India keep on expanding its nuclear energy programme? Discuss the facts and fears associated with nuclear energy. (2018)