SC upheld Uttar Pradesh Madrasa Education Act

GS 2: Polity and Governance: Regulating Madrasa education

Why is it in the news?

• On November 5, 2024, the Supreme Court upheld most provisions of the Uttar Pradesh Board of Madarsa Education Act, 2004, but ruled that the Board could not grant higher degrees like Kamil (undergraduate) and Fazil (postgraduate).
• Chief Justice of India D.Y. Chandrachud led the Bench, concluded that the Board’s degree-granting authority conflicted with the University Grants Commission Act, 1956. This decision overruled an Allahabad High Court ruling, which had previously struck down the Act citing secularism violations.

Role and Operation of Madrasas

• Madrasas, which combine religious and secular studies, have been a part of India’s education system since the Delhi Sultanate. They played a role in educating figures like Raja Ram Mohan Roy and Munshi Premchand.
• In India, they are largely funded by state governments and regulated by the 2009 Scheme for Providing Quality Education in Madrasas (SPQEM).
• With around 60% of India’s 24,010 madrasas located in Uttar Pradesh, the 2004 Act sought to standardize their curriculum, examinations, and teacher qualifications through the Uttar Pradesh Board of Madarsa Education.

Legal Challenges and High Court’s Ruling

• In 2019, an Allahabad High Court judge questioned the Act’s validity based on a petition by Mohammed Javed, a madrasa teacher seeking salary parity with regular educators. The court examined whether the Act adhered to secular principles and allowed religious groups to oversee educational boards.
• A Public Interest Litigation (PIL) argued that the Act violated secularism and constitutional rights to equality and education.
• The High Court later ruled that the Act was unconstitutional, noting that madrasas lacked quality universal education and mandated religious studies over core subjects like math and science, which conflicted with the State’s Article 21A obligation to ensure quality education.
• The court also emphasized that higher education falls under the Union List, directing madrasa students to state-recognized schools instead.

NCPCR’s Concerns

• The National Commission for Protection of Child Rights (NCPCR) criticized madrasas, highlighting issues like outdated teaching practices, unregulated funding, and unqualified teachers.
• In October 2024, NCPCR recommended ending state funding for madrasas, prompting protests in states like Kerala. However, the Supreme Court stayed this recommendation, halting further action.

Supreme Court’s Final Judgment

• The Supreme Court overruled the High Court’s interpretation, stating that secularism alone cannot invalidate legislation without violating explicit constitutional provisions.
• The court highlighted the need to balance educational standards with minority rights to manage institutions, as protected by Article 30. It clarified that madrasas, which fall under “education” in Entry 25 of the Concurrent List, could continue offering religious instruction without breaching legislative competence.
• However, it upheld that only UGC-recognized institutions can award higher degrees, thereby restricting the 2004 Act’s scope to primary and secondary education.

 

SC: Not all Private Property qualifies as ‘Community Resource’ for Redistribution

GS 2: Polity and Governance: SC on Private Property

Why is it in the news?

• A nine-judge Supreme Court Constitution Bench ruled that the government cannot arbitrarily acquire and redistribute all private property by labelling it as a “material resource of the community” under Article 39(b) of the Constitution.
• Led by Chief Justice DY Chandrachud, the Bench addressed two main issues: the continued status of Article 31C following past amendments and court rulings, and the interpretation of Article 39(b) within the Constitution’s Directive Principles of State Policy (DPSP).
• Chief Justice Chandrachud authored the main judgment, which was supported by eight other judges, with Justice Nagarathna concurring and Justice Dhulia dissenting.

Status of Article 31C

• Article 31C was initially introduced to protect laws ensuring the equitable distribution of “material resources of the community” to serve the common good (Article 39(b)), and to prevent wealth concentration detrimental to society (Article 39(c)).
• In the 1970s, following Supreme Court rulings that nullified socialist policies like the Bank Nationalisation Case, Article 31C was amended by the Twenty-fifth Amendment Act, 1971. This amendment protected laws fulfilling Article 39(b) or (c) policies from invalidation under Articles 14, 19, or 31, and prevented judicial review questioning the law’s alignment with these policies.
• This amendment was later challenged in the landmark Kesavananda Bharati case (1973), where the Supreme Court, by a 7-6 majority, affirmed that the Constitution has an unalterable “basic structure” that cannot be amended.
• In 1976, the Forty-second Amendment extended Article 31C’s protection to all Directive Principles (Articles 36-51), shielding these laws from challenges under Articles 14 and 19. However, the Supreme Court invalidated this extension in the 1980 Minerva Mills case.
• In 2024, the SC re-examined whether Article 31C was entirely struck down by previous rulings or whether only the amendments expanding its scope were invalidated, leaving protections for Articles 39(b) and (c) intact.
• The court has now ruled that the original post-Kesavananda Bharati interpretation is upheld, where Articles 39(b) and (c) remain protected.

Interpreting Article 39(b)

• The second issue addressed the interpretation of Article 39(b), which directs the state to ensure that “material resources of the community” are distributed for the common good. Although part of the DPSP and intended as a legislative guide, Article 39(b) is not directly enforceable in courts.
• In past cases, the Supreme Court has offered varied interpretations of Article 39(b), including the 1977 State of Karnataka v. Shri Ranganatha Reddy case, where a seven-judge Bench ruled by a 4-3 majority that private property does not automatically count as “material resources of the community.” However, Justice Krishna Iyer’s dissenting opinion, favouring a broader view, influenced later interpretations.
• In 1983, a five-judge Bench in Sanjeev Coke Manufacturing Company v. Bharat Coking Coal upheld nationalisation of coal mines, citing Justice Iyer’s interpretation, which saw Article 39(b) as enabling the transformation of private property into public ownership if it served public interest.
• However, in its 2024 judgment, the Supreme Court took a narrower view, clarifying that not all privately owned property can be deemed “material resources of the community” under Article 39(b).
• The new ruling imposes limits on the government’s authority to seize private property based on DPSP guidelines, requiring a specific communal benefit to justify any such action.
• This decision refines the interpretation of Article 39(b), balancing property rights with the state’s role in ensuring equitable resource distribution.

The Demand for Greater Autonomy in Eastern Nagaland districts

GS 2: Polity and Governance: Nagaland’s Development deficit

Why is it in the news?

• The demand for a separate state or greater autonomy for Nagaland’s eastern districts has been a long-standing issue that has intensified over the past decade. The Eastern Nagaland People’s Organization (ENPO) initially submitted a memorandum to the Prime Minister’s Office in 2010, seeking a separate state due to the region’s perceived “development deficit.”
• This call for autonomy has been fuelled by the lack of development in the six eastern districts, which are home to over 30% of the state’s total population and comprise seven tribes: Konyak, Khiamniungan, Chang, Sangtam, Tikhir, Phom, and Yimkhiung.

Recent Developments and Current status of the demand

• The issue gained fresh momentum ahead of the 2023 Nagaland Legislative Assembly elections. In August 2022, the ENPO passed a resolution to abstain from voting in the elections unless their demand for a separate state was addressed.
• However, the ENPO withdrew this boycott after receiving assurances from the Union Ministry of Home Affairs that a “mutually agreed solution” would be reached post-election.
• Following this, multiple rounds of talks were held between the ENPO and the Union Home Ministry. The Centre sent a draft Memorandum of Settlement to the Nagaland government for feedback, but the issue has since been stalled.
• Ahead of the 2024 Lok Sabha elections, the ENPO called for a boycott of voting in the eastern districts if their demands remained unaddressed. This led to a significant lack of voter turnout in the region during the elections.
• Both the state government and the ENPO blamed each other for the delay in progress, with the ENPO accusing the state government of stalling the matter, and the state government claiming that the discussions were ongoing.
• Recently, Nagaland’s Parliamentary Affairs Minister, K.G. Kenye, announced that after recent discussions with the ENPO and the Eastern Nagaland Legislators’ Union (ENLU), the state government is now ready to forward its position to the Centre.

Proposed Arrangement for Greater Autonomy

• In ongoing discussions, a proposal for a “unique arrangement” for greater autonomy is under consideration. According to the sources, the Centre has proposed the creation of a ‘Frontier Naga Territory’ within Nagaland, with its own legislature, executive, and financial powers.
• However, Nagaland Minister Kenye stated that the arrangement currently under consideration would remain centred around the state capital, Kohima, with a regional council located in eastern Nagaland to handle local matters.
• This proposal aligns with the provisions of Article 371(A) of the Constitution, which allows for a regional council for the eastern districts. Despite this, ENPO President Chang clarified that the ENPO has not yet been formally briefed on the Centre’s proposal and will only discuss it directly with the Union Ministry after receiving it.

Constitutional Framework and Future Prospects

• Nagaland, formed in 1963, has been governed under special constitutional provisions outlined in Article 371(A) of the Indian Constitution. This article was part of the 16-Point Agreement between the Naga People’s Convention and the Union of India, ensuring protection for Naga customary laws.
• Article 371(A) also made provisions for the administration of the Tuensang district (now comprising the six eastern districts) by the Governor due to the region’s underdevelopment. This arrangement was intended to last for ten years, after which the region would integrate into the regular administrative system.
• By 1973, the arrangement was formally ended, and the eastern districts began participating in state elections.
• However, this historical context is significant as the demand for autonomy today is rooted in these earlier provisions and the continued development disparity in the region.

Diplomatic Tensions between India and Canada

GS 2: International Relations: Current dynamics in India-Canada relations

Why is it in the news?

• India and Canada have recently expelled their top diplomats after Canadian Prime Minister Justin Trudeau alleged possible Indian intelligence links to the killing of Canadian citizen Hardeep Singh Nijjar.
• India had labelled Nijjar a Khalistani terrorist, despite the fact that he faced no criminal charges in Canada. This diplomatic rift has led to heightened tensions, particularly between Canadian Hindus and Sikhs, and continues to strain relations.

Historical Context of the Dispute

• India’s longstanding complaint is that Canada provides a safe haven for Khalistani separatists and extremists. A major point of contention has been Canada’s failure to prevent the 1985 Air India bombing, which was carried out by Khalistani extremists based in Canada.
• The bombing killed 329 people and remains the deadliest airline terrorist attack before 9/11. India has criticized Canada for its lack of support in investigating and prosecuting the perpetrators of this tragedy.

Canada’s Sikh ‘Vote Bank’ and Political Dynamics

• While Sikh Canadians make up only 2% of the population, they wield significant political influence due to their geographic concentration. At one point, there were four Sikh ministers in Prime Minister Trudeau’s cabinet. Most Sikh MPs belong to the Liberal Party.
• However, there is no definitive evidence to suggest that Trudeau’s accusations against India are politically motivated to cater to the Sikh vote bank, as Khalistanis represent only a small minority within this community.
• Trudeau’s government has been criticized for not condemning Khalistani extremism explicitly, though it has supported Sikh community festivals where Khalistan flags were displayed. Despite this, surveys suggest that many Sikh Canadians, about 54%, intend to vote for the Conservative Party, while only 21% support Trudeau’s Liberals.
• Trudeau has also faced scrutiny for his handling of foreign interference, particularly from China, and may have used this controversy to strengthen his political position.

Cultural and Political Misunderstandings

• Misunderstandings between India and Canada are rooted in cultural and political differences. In Canada, despite the Air India bombing’s significance, the government historically treated it as a foreign tragedy, reflecting systemic racism.
• The majority of Canadians were unaware of the bombing, and younger generations remain largely uninformed about Khalistani activism. In contrast, Indian officials believe that Canada should do more to address the Khalistani issue, which they view as a direct challenge to India’s territorial integrity.
• From Canada’s perspective, the country’s legal and political systems work differently. Canada has a strong tradition of law enforcement independence, and while political figures may have allowed Khalistani ideas to flourish, the police have not been lenient on terrorism-related crimes.
• Additionally, Canada upholds freedom of speech, including support for referendums on separatism, as seen in previous movements for Quebec independence. However, there are calls for more vigilance regarding Khalistani hate speech when it involves violence or threats.

Legal Complexities of Extradition

• India’s efforts to extradite individuals accused of Khalistani terrorism from Canada often fall short due to legal complications. Canada’s legal system places significant importance on human rights protections, which often clash with India’s laws, such as the Unlawful Activities (Prevention) Act (UAPA).
• Additionally, evidence based solely on statements made by accused individuals in custody is often inadmissible in Canadian courts. Between 2002 and 2020, only six individuals were extradited from Canada to India, compared to 10 from the U.S. and one from the U.K.
• The extradition process is further complicated by Canada’s reluctance to send individuals to countries with poor human rights records, especially where political dissenters are jailed without trial or bail.
• This reluctance extends to high-profile figures like Mehul Choksi and Nirav Modi, whose extraditions from the U.K. to India have also been delayed.

President Murmu: Buddhism, Path to Global Peace and Unity

GS 1: Culture: Buddhist Summit

Why is it in the news?

• At the inauguration of the first Asian Buddhist Summit in New Delhi, President Droupadi Murmu emphasized Buddhism’s ability to address global issues such as sectarianism, conflict, and climate change. She highlighted the peace and non-violence central to Buddhism’s teachings across its various schools.
• President Murmu urged for a broader discussion on how Buddha Dharma can foster true peace in Asia and the world—peace free from not only physical violence but also from the mental forces of greed and hatred, which Buddhism identifies as the root causes of human suffering.

The Buddha’s Teachings: Compassion at the Core

• Murmu underscored compassion (karuna) as the essence of Buddha Dharma, which is needed more than ever in today’s world.
• She also recognized the collective effort to preserve the Buddha’s teachings, praising the Indian government’s decision to grant classical language status to Pali and Prakrit. This initiative, she stated, would greatly aid in preserving and revitalizing these languages and their literary treasures.

India’s Commitment to Strengthen Buddhist Ties

• Union Culture Minister reiterated India’s commitment to strengthening the “Dhamma Setu” (Buddhist bridge) between Asian nations. He highlighted India’s role as the birthplace of Buddhism and its dedication to preserving Buddhist heritage sites, promoting Buddhist studies, and supporting international cultural exchanges.
• The summit, he noted, would also focus on fostering diplomatic ties between Buddhist nations, addressing modern social issues through Buddhist teachings, promoting Buddhist tourism and pilgrimage, and preserving ancient Buddhist manuscripts and artifacts.

Russian Rocket launches Iranian Satellites

GS 2: International Relations: Russia-Iran Strategic partnership

Why is it in the news?

• A Russian Soyuz rocket successfully launched from the Vostochny Cosmodrome, carrying a pair of Iranian satellites into orbit.
• The launch, which placed the satellites in orbit nine minutes after take-off, also included Russian Ionosphere-M satellites and several smaller ones.

More about the news

• The Iranian satellites, Kowsar and Hodhod, are the first to be launched by Iran’s private sector. This follows previous successful launches of Iranian satellites, including Khayyam in 2022 and Pars-1 in February, both launched by Russia.
• The launch highlights the growing cooperation between Russia and Iran, especially as the two nations strengthen ties amid the ongoing Ukraine conflict. Iran has been accused of supplying drones to Russia for use in Ukraine, which both countries have denied.
• The two are set to formalize their partnership with a “comprehensive strategic partnership” during a planned visit by Iranian President Masoud Pezeshkian to Russia.

Dedicated Freight Corridors (DFCs): Boosting GDP and Rail Revenues in India

GS 3: Economy: Enhancing Railway infrastructure

Why is it in the news?

• Dedicated Freight Corridors (DFCs) are significantly enhancing India’s GDP and contributing to Indian Railways’ revenue, as revealed by a recent University of New South Wales study.
• Due to reduced freight costs and faster travel times, commodity prices have decreased by up to 0.5%. This has driven a 2.94% revenue increase for Railways from FY 2018-19 to FY 2022-23.
• Using data from the Western Dedicated Freight Corridor (WDFC) in FY 2019-20, the study applied a Computable General Equilibrium model developed by the government.

About Dedicated Freight Corridors

• DFCs are dedicated rail routes designed for freight movement, allowing faster transit with high-capacity double-stack and heavy-haul trains. These corridors streamline supply chains for industries along the routes, aiding in export-import growth.
• In 2006, the Ministry of Railways launched two primary corridors: the 1,337-km Eastern Dedicated Freight Corridor (EDFC) from Bihar’s Sonnagar to Punjab’s Sahnewal and the 1,506-km WDFC from Mumbai’s Jawaharlal Nehru Port to Dadri in Uttar Pradesh.
• The EDFC is fully operational with feeder routes serving coal mines and power plants.
• The WDFC, 93% complete, links cement plants and key ports in Gujarat like Mundra, Kandla, Pipavav, and Hazira, and is expected to be fully completed by December 2025. By March 2024, the project had cost Rs 94,091 crore, excluding land acquisition.

Why India Needed DFCs

• The push for DFCs arose due to overuse of the Railways’ golden quadrilateral, which connects Delhi, Mumbai, Chennai, and Howrah. Despite accounting for only 16% of routes, this network handled 52% of passenger and 58% of freight traffic.
• Railways also faced declining freight traffic share, leading to the National Rail Plan’s goal of raising this share to 45% by 2030.
• The DFC initiative was announced in the FY 2005-06 Railway Budget, and the Dedicated Freight Corridor Corporation of India Limited (DFCCIL) was established in 2006 to oversee the corridors.
• As of 2024, DFCs carry about 325 freight trains daily—60% more than last year. Faster, heavier, and safer, these trains have transported over 232 billion Gross Tonne Kilometres (GTKMs) and 122 billion Net Ton Kilometers (NTKMs) since inception.
• Prime Minister Modi recently inaugurated three new DFC sections: the 135-km Makarpura-Sachin on the WDFC and the 179-km Sahnewal-Pilkhani and 222-km Pilkhani-Khurja on the EDFC. Over 10% of Indian Railways’ freight now moves through the DFCs.

Upcoming DFCs

• Four additional DFCs are planned to extend the network: the 1,115-km East Coast Corridor (Kharagpur to Vijayawada), the 2,073-km East-West Sub-Corridor I (Palghar to Dankuni), the 195-km East-West Sub-Corridor II (Rajkharsawan to Andal), and the 975-km North-South Sub-Corridor (Vijayawada to Itarsi).

India’s Progress Towards TB Elimination

GS 2: Society: Tackling TB

Why is it in the news?

• India has achieved a remarkable 7% reduction in tuberculosis (TB) incidence from 2015 to 2023, more than double the global average decline of 8.3%, as highlighted in the WHO’s Global Tuberculosis Report 2024.
• This progress showcases the success of the National Tuberculosis Elimination Programme (NTEP), which uses advanced diagnostics, preventive measures, patient support, and cross-sector partnerships to aim for TB elimination by 2025.

Strategic Goals for TB Elimination

• As a part of the United Nations Sustainable Development Goals (SDG) target 3.3, India has committed to eliminating TB by 2025, five years ahead of the global 2030 deadline.
• Key targets include an 80% reduction in TB incidence and a 90% decrease in TB mortality from 2015 levels, while ensuring that no households affected by TB face catastrophic expenses due to the disease.
• Prime Minister Modi first reinforced this commitment at the 2018 “End TB Summit” and reiterated it at the 2023 “One World TB Summit.”
• India also signed the Gandhinagar Declaration, focused on accelerating efforts to end TB in South-East Asia by 2030.

Strengthening the National Tuberculosis Elimination Programme (NTEP)

• Post-COVID-19, India intensified TB control efforts through the NTEP, aligned with the National Strategic Plan (NSP) 2017–2025.
• In 2023 alone, around 1.89 crore sputum smear tests and 68.3 lakh nucleic acid amplification tests were conducted, significantly improving access to diagnostics.
• NTEP introduced shorter oral regimens for drug-resistant TB (DR-TB) and decentralized services to enable timely treatment.
• Additionally, NTEP adopted a differentiated care approach to address coexisting health conditions such as malnutrition, diabetes, HIV, and substance abuse. Preventive efforts expanded, delivering TB preventive treatment (TPT) to 15 lakh individuals with shorter regimens.
• Recognizing that other health conditions impact TB outcomes, NTEP launched initiatives to address malnutrition, diabetes, HIV, and substance abuse.

Enhancing Patient Support through Financial and Community-Based Programs

• The Ni-kshay Poshan Yojana provides financial support to TB patients, with approximately Rs. 2,781 crores disbursed to about 1 crore beneficiaries.
• Additional initiatives include incentives for treatment supporters, ASHA workers, TB champions (TB Vijetas), and family caregivers (Ni-kshay SAATHI) to strengthen patient care.
• In 2022, the Pradhan Mantri TB Mukt Bharat Abhiyaan (PMTBMBA) expanded community involvement, with over 1.5 lakh Ni-kshay Mitras pledging support to TB-affected individuals, boosting advocacy and social mobilization efforts within NTEP.

Conclusion

• India continues to implement multiple interventions to sustain its TB elimination momentum.
• Planned initiatives include adult BCG vaccination studies, the expansion of TB preventive therapy (TPT) with newer regimens, improved access to molecular diagnostic testing, decentralizing TB services to “Ayushman Arogya Mandirs,” and reinforcing community support through the PMTBMBA initiative.
• These comprehensive steps aim to bring India closer to achieving a TB-free nation by 2025.