6-November-2024-Daily-Current-Affairs

SUPREME COURT RULING ON PRIVATE PROPERTY AND REDISTRIBUTION

TOPIC: (GS2) POLITY: INDIAN EXPRESS

The Supreme Court of India, in a landmark decision by a nine-judge bench, clarified the scope of Article 39(b) of the Constitution, which deals with the distribution of resources for the common good. The bench disagreed with earlier judgments that allowed the state to take over all private property for redistribution.

Key Highlights of the Judgment

Scope of Article 39(b)

• The Court clarified that not all private property qualifies as a “material resource of the community” under Article 39(b).
• While the article allows the state to regulate resources for public welfare, it does not imply that all privately owned resources can be seized by the state.
• The judgment emphasized that the phrase “material resources of the community” should not be interpreted as including all private property.

Article 39(b)

Article 39(b) is part of Part IV of the Constitution, titled “Directive Principles of State Policy” (DPSP).

• Citizens should have the right to an adequate means of livelihood.
• The state should protect and promote the economic welfare of citizens, with a special focus on the weaker sections of society.

Article 31C – Protection of Laws under 39(b) and 39(c)

• Article 31C provides legal protection to laws made to give effect to Articles 39(b) and 39(c).
• It allows the state to enact laws for redistributing material resources, including private properties, to serve the common good without violating constitutional rights.
• Laws made under this provision cannot be challenged in courts on the ground of violating fundamental rights.

Minerva Mills Case (1980)

• The Supreme Court’s judgment in the Minerva Mills case dealt with the issue of judicial review of laws made under Article 31C.
• The Court struck down provisions of the 42nd Amendment that curtailed judicial review and gave precedence to the Directive Principles of State Policy over individual fundamental rights.
• This case emphasized the importance of balancing DPSPs with fundamental rights and upheld the judicial review of constitutional amendments.

Disagreement with Previous Judgments

• The ruling overturned earlier decisions that broadly interpreted the phrase to include all private property.
• These earlier rulings, especially one by Justice V.R. Krishna Iyer, had suggested that the government could nationalize any resource to promote economic equality.
• The Court observed that these judgments reflected a specific economic ideology, which was no longer suitable for modern economic realities.

Vision of Economic Democracy

• The Court reiterated that the framers of the Constitution envisioned an economic democracy, where the people have the freedom to determine the economic model that suits their needs.
• The ruling pointed out that governments in India have adopted diverse economic policies over time, which have contributed to the country’s growth. A single economic ideology imposed by the state would contradict this vision.

Private Property and Community Welfare

• The Court emphasized that while the state can regulate some private resources for public welfare, it must respect individual ownership rights.
• It highlighted that “material resources” must be seen in the context of community welfare, and not all private property falls under this category.

Conclusion
The Supreme Court’s decision ensures a balance between individual property rights and the state’s role in ensuring public welfare. It rejects a one-size-fits-all approach to economic policy and reaffirms the importance of respecting private property while promoting the common good.

RISING STEM RESEARCH DEMANDS REVITALISED EDUCATION

TOPIC: (GS3) SOCIETY: THE HINDU

India’s STEM education faces critical challenges, with a skills gap among graduates impacting industry and research quality. Addressing these issues is essential to harness India’s full potential in advanced fields and innovation.

Challenges in Higher Education

• Skills Gap: Many students graduating from teaching institutions lacks essential skills needed by industries, leading to lower employability.
• Declining Interest in Higher Studies: The number of students pursuing advanced studies is decreasing, creating talent shortages in research institutions.
• Faculty Shortages: There is a severe shortage of qualified faculty, which further limits the potential for high-quality education and research.

Issues with Training Quality

• Focus on Research Over Teaching: Institutions focus heavily on research output, often at the expense of teaching quality. Faculty are pressured to publish papers for institutional rankings rather than prioritizing teaching.
• Predatory Publishing: The push for research leads to participation in low-quality, predatory publications, which detracts from meaningful student training and development.
• Limited Scalability of Upskilling: While initiatives like online courses and internships are helpful, they are not scalable enough to meet the vast demand for skilled professionals.

Recommendations for Improvement

• Shift the Ranking Criteria for Teaching Institutions: Move away from ranking teaching institutions based primarily on research output and focus more on teaching quality, and allow them to concentrate on improving teaching methods.
• Emphasize Pedagogy in Teaching Institutions: Teaching institutions should prioritize effective teaching over research until the student skills pipeline improves. Initiate faculty development programs, teacher evaluations, and mentoring schemes.
• Promote Collaboration Between Institutions: Encourage partnerships between research and teaching institutions to enhance teaching methods and curriculum quality.
• Joint Degree Programs: Establish joint degree programs where students from teaching institutions spend their final years in research institutions, earning a “hyphenated” degree.

Potential Benefits

• Improved Student Quality: Students in joint programs would receive better training, enhancing their readiness for both industry and research.
• Enhanced Faculty Development: Faculty in teaching institutions would benefit from collaborations and exchanges, improving their teaching methods.
• Broader Talent Pool: Strengthening undergraduate education could create a robust talent pipeline for research, industry, and academia.

Conclusion

Revitalizing India’s higher education requires a rebalancing of priorities toward teaching quality and collaborative initiatives. These changes, along with structured partnerships and joint degree programs, could significantly improve both undergraduate education and research capacity in India. With these steps, the country could build a stronger foundation for innovation and scientific progress across STEM fields and beyond.

UPHOLDING THE CONSTITUTIONALITY OF MADRASAS

TOPIC: (GS2) POLITY: INDIAN EXPRESS

The Supreme Court of India’s recent verdict upholding the constitutionality of the Uttar Pradesh Madarsa Act, 2004, has been a significant decision in terms of interpreting minority rights, secularism, and the right to education.

Background of the Case

• The Allahabad High Court’s Ruling: The High Court had initially struck down the Madarsa Act, arguing that it violated the principles of secularism enshrined in the Constitution.
• Supreme Court’s Overruling: The Supreme Court stayed the High Court’s ruling and has now overruled it, affirming that the Act is in line with the Constitution. This decision brings relief to madarsas and their students across Uttar Pradesh.

Key Points from the Supreme Court’s Verdict

Secularism and the Basic Structure Doctrine:

• The Supreme Court emphasized that the Basic Structure doctrine, which is used to assess constitutional amendments, should not be applied to ordinary legislation.
• According to the Court, using this doctrine to evaluate an ordinary law like the UP Madarsa Act would introduce uncertainty, as concepts like secularism and democracy are undefined and subjective in nature.

Positive Secularism:

• The Court referred to the nine-judge bench judgment in the S R Bommai case (1994), which defined secularism as a principle of equal treatment of all religions.
• Secularism, according to the Court, is not only about non-interference by the state in religious matters but also involves positive actions to ensure equal treatment, especially for religious minorities.

Secularism and Equality:

• Secularism is closely tied to equality, meaning the state must treat all communities equally, regardless of religion.
• Religious minorities have the right to manage their educational institutions without interference from the state, as long as it does not harm the public interest.

Role of the State in Education:

• The state is responsible for ensuring the quality of education, especially in line with compulsory education laws (Article 21-A).
• However, this should not interfere with the right of minorities to manage their own institutions.

Madarsa Education and Choice:

• Madarsas primarily focus on religious education, but students have the right to choose between religious and secular education.
• Religious institutions have the fundamental right to manage their education systems without legislation threatening their identity.

State’s Regulation of Minority Institutions:

• The state can regulate minority institutions to ensure quality education, but cannot destroy their minority character.
• The state’s involvement must respect the autonomy of religious institutions in managing their educational affairs.

Concerns Regarding Quality of Education:

• The NCPCR had argued that madarsa education does not meet the standards of mainstream education, but the Court disagreed, pointing out that even secular institutions in India face issues with quality.
• Reports such as the 2023 Annual Status of Education Report highlighted that many students in secular school’s struggle with basic literacy and numeracy skills, challenging the argument that madarsa education is inherently of poor quality.

Recognition of Madarsa Degrees:

• A significant issue is the non-recognition of degrees such as Fazil and Kamil offered by madarsas. The Court noted that while these degrees are not recognized for general academic purposes, they are acknowledged by some universities for theological and oriental studies.
• The Court emphasized the need to open pathways for madarsa graduates to pursue higher education in specialized fields like theology, Arabic, and Islamic studies.

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)

·       Constitutional Mandate:
The NCPCR is a statutory body established under the Commission for Protection of Child Rights Act, 2005, not directly under the Constitution. However, it operates within the framework of the Constitution, particularly focused on children’s rights as part of the Directive Principles of State Policy (Article 39(e) and (f)) and fundamental rights (Article 21 – Right to Life and Personal Liberty).

·       Protection of Child Rights:
The NCPCR is tasked with ensuring that children’s rights are protected and promoted as per the United Nations Convention on the Rights of the Child (UNCRC), which India ratified. This includes safeguarding children from exploitation, abuse, and ensuring their access to education, health, and welfare.

·       Role in Implementation of Laws:
The NCPCR monitors the implementation of laws related to children, such as the Right to Education Act and the Juvenile Justice Act, ensuring they align with the Constitution’s provision for equality and protection under law.

·       Advisory Function:
The NCPCR advises the Government of India on policies and laws concerning children’s welfare. It ensures that government actions are in line with Constitutional principles of equality, non-discrimination, and child protection.

·       Constitutional Role of the State:
As part of the constitutional commitment to social justice and equality, the NCPCR ensures that the State fulfills its responsibility under the Constitution to protect and nurture children, particularly the vulnerable sections, by aligning with Article 15(3) (which allows for special provisions for children) and other relevant rights.

Conclusion

In upholding the UP Madarsa Act, the Supreme Court has reinforced the balance between minority rights, secularism, and the right to education. This verdict promotes a positive interpretation of secularism, where the state actively ensures equal opportunities for religious communities while respecting their right to religious and cultural education.

AADHAAR BIOMETRIC DATA ACCESS WILL AID FORENSICS

TOPIC: (GS2) POLITY: THE HINDU

The question of granting police access to Aadhaar’s biometric data for forensics is an ongoing debate, balancing privacy rights with the need to identify unknown deceased persons. There is a need to consider limited access to biometric data to help police investigations, especially in cases involving unknown individuals.

Aadhaar Data and Privacy Regulations

• The UIDAI, responsible for Aadhaar, imposes strict data-sharing regulations to protect privacy.
• According to the Aadhaar Act, police cannot access demographic or biometric data for regular cases.
• Section 33(1) of the Act allows data disclosure only if ordered by a court no lower than a High Court judge.
• Sections 29(1) and 33 ensure that core biometric data, like fingerprints and iris scans, cannot be shared, even by court orders, for any purpose.

Balancing Privacy with Dignity

• In some cases, like identifying unknown bodies, fingerprint data can help handle the remains with respect, protecting the right to a dignified life.
• Courts have emphasized the need for respectful treatment of bodies, especially for prisoners and migrant workers, showing that dignity matters even after death.
• Both the High Courts and the Supreme Court of India have highlighted the importance of treating deceased individuals humanely.

Current Forensic Process and Limitations

• Standard police procedures involve examining, photographing, and noting distinctive features on unidentified bodies.
• Police collect fingerprints and check against existing criminal databases, but these databases only contain data on known offenders.
• Fingerprint collection is possible even from decomposed bodies, using special preservation techniques.
• Limited access to digitized fingerprint databases often delays or prevents effective cross-referencing in cases of unidentified persons.

Case for Limited Aadhaar Access

• Allowing limited police access to the Aadhaar database could help in identifying bodies and expedite investigations, especially in murder cases.
• The Aadhaar Act’s prohibition on sharing core biometric data is a significant hurdle in these cases.
• In the U.S., similar identification tools are available to law enforcement, which can match fingerprints from deceased persons against federal databases.

Suggested Legal Reforms

• The strict prohibition on biometric sharing could be revised for cases involving deceased persons under a First Information Report (FIR).
• Allowing access upon a jurisdictional magistrate’s order, instead of a High Court, would ease the legal burden.
• A reformed approach would enable access without undermining privacy norms, ensuring both legal and respectful handling of unidentified deceased persons.

Constitutional Imperative for Dignity

• Identifying the deceased goes beyond practical needs for law enforcement—it is a constitutional duty to respect life and dignity, especially for those from marginalized backgrounds.
• Using legal avenues to identify unknown deceased persons can bring closure to families and honor human dignity.
• Reforms would ensure equitable treatment in the criminal justice system, particularly for the disadvantaged, aligning with India’s commitment to dignity and justice for all.

concerns regarding Aadhaar

• Proof of Citizenship or Date of Birth: The Election Commission accepts Aadhaar as proof of date of birth for voter registration. However, its prominent use as an identity document may lead to challenges in accepting Aadhaar as proof for other legal purposes.
• Privacy and Security: Aadhaar collects sensitive personal data, including fingerprints, iris scans, and photos, which increases the risk of data breaches, identity theft, and surveillance.
• Biometric Authentication Issues: Aadhaar uses biometric verification to access services, but issues like unreliable technology, poor infrastructure, and failures in biometric matching may exclude individuals or deny them services.

Conclusion

Granting limited Aadhaar access for police in forensic cases, with clear legal safeguards, can uphold both privacy and dignity. Re-evaluating the Aadhaar Act to balance privacy with the right to a dignified life is essential for addressing modern forensic needs while respecting individual rights.

BANK DEPOSIT GROWTH SURPASSES CREDIT GROWTH FOR THE FIRST TIME IN 30 MONTHS

TOPIC: (GS3) ECONOMY: INDIAN EXPRESS

For the first time in 30 months, the growth in bank deposits has exceeded the growth in bank credit. This shift highlights changing financial trends influenced by interest rate adjustments and regulatory measures.

Year-on-Year Comparison:

• In the fortnight ending October 18, 2024, credit grew by 11.7% compared to 19.7% in the same period last year.
• Deposits saw a growth rate of 11.8%, a slight decrease from 13.4% in the previous year.
• Deposits increased by ₹17.3 lakh crore, while credit grew by ₹15.15 lakh crore over the last year.

Factors Behind Deposit Growth

• Rising Interest Rates on Term Deposits: Higher term deposit rates offered by scheduled commercial banks (SCBs) have attracted more deposits.
• Slowed Credit Growth: The moderation in credit growth followed HDFC Ltd’s merger with HDFC Bank and regulatory steps by the Reserve Bank of India (RBI).

• Increases in risk weights for certain loan categories by the RBI also contributed to reduced credit expansion.

Impact of RBI’s Regulatory Actions

• Increased Risk Weights: RBI raised risk weights for banks on loans to non-banking financial companies (NBFCs), consumer loans, and credit cards by up to 150%.
• Liquidity Coverage Ratio (LCR) Requirements: In July, the RBI proposed draft guidelines for LCR, requiring banks to hold high-quality liquid assets to ensure stability in times of stress.

Implications for Banks and Lending

• Higher Lending Costs: With the regulatory changes, banks now face higher costs for loans, particularly in high-risk sectors. LCR requirements ensure that banks maintain enough liquid assets to manage any unexpected withdrawals.

Outlook

• Banks are expected to remain cautious in lending due to the higher reserve requirements and interest rate pressures.
• Although the credit growth rate has moderated, the deposit growth trend suggests a shift towards more savings-focused financial behavior, influenced by attractive term deposit rates and stricter banking norms.

Conclusion

The shift in deposit and credit growth trends is a result of rising interest rates and regulatory adjustments. As banks prioritize stability and adhere to new liquidity norms, deposit growth could continue to lead credit growth in the near future.

ROLE OF DEDICATED FREIGHT CORRIDORS (DFCS) IN BOOSTING GDP AND RAIL REVENUES

TOPIC: (GS3) ECONOMY: INDIAN EXPRESS

Dedicated Freight Corridors (DFCs) are specialized rail routes created to enhance freight transportation efficiency in India. By reducing costs and travel time, they significantly boost the Indian economy and contribute to the Indian Railways’ revenue growth.

Current Status and Performance

• Operations: As of now, DFCs handle over 10% of Indian Railways’ freight, with approximately 325 trains running daily—a 60% increase over the previous year.

• Freight trains on DFCs are faster, carry heavier loads, and are safer, having transported 232 billion Gross Tonne Kilometres (GTKMs) and 122 billion Net Tonne Kilometres (NTKMs) so far.

• Recent Developments: In March 2024, Prime Minister Narendra Modi inaugurated new stretches of the DFCs, further expanding their reach.

Why DFCs Were Created

• Overburdened Existing Routes: India’s “Golden Quadrilateral” rail routes, linking Delhi, Mumbai, Chennai, and Howrah, carry over half of the passenger and revenue-earning freight traffic but only constitute 16% of the rail network. This high usage led to delays and inefficiencies.
• Declining Rail Share in Freight: Railways’ share in national freight traffic has been falling, which led to the launch of DFCs to capture more freight traffic and reach a 45% share by 2030, as envisioned in the National Rail Plan.

Economic and Revenue Impact

• Reduction in Freight Costs and Prices: The University of New South Wales study highlighted that DFCs reduce freight costs, which lowers commodity prices by up to 0.5%. This, in turn, benefits industries and consumers, particularly in the western regions.
• Increased Railway Revenue: DFCs contributed 2.94% to the Indian Railways’ revenue growth from FY 2018-19 to FY 2022-23. The DFCs’ efficiency enables Indian Railways to capture a larger share of freight, increasing revenue.

• Social Benefits: The study noted that lower per-capita GDP states benefited significantly due to reduced costs, demonstrating a ‘social-equalizing effect’.

Challenges in the Completion of DFC:

• Completion Delays: Although the official completion target is March 2025, full commissioning of the Western Dedicated Freight Corridor (WDFC) is now expected to extend to July 2025.
• Rising Project Costs: Delays have led to increased project costs, with the Comptroller and Auditor General (CAG) highlighting an avoidable expense of Rs 2,690 crore. By March 2021, the total cost had risen to Rs 74,028 crore.
• Missed Benefits: Due to delays, Indian Railways has missed out on the benefits of expanded freight capacity and reduced congestion on its main tracks.

Impact of DFCs on Indian Railways:

• Reduced Congestion on Main Tracks: With freight traffic moving to dedicated corridors, Indian Railways’ primary routes are less congested.
• Improved Passenger Train Punctuality: Shifting freight to DFCs has improved the punctuality of passenger trains on the main tracks.
• Lower Logistics Costs: Faster transit times on DFCs have led to reduced logistics costs, making freight transport more efficient.

Key Features of DFCs

• Purpose-Built Routes: DFCs are designed exclusively for freight, supporting heavy loads, faster trains, and double-stack containers. This helps industries along these routes by improving logistics and cutting down travel time.
• Current DFCs:
  • Eastern DFC (EDFC): Spanning 1,337 km from Sonnagar in Bihar to Sahnewal in Punjab, connecting coal mines and power plants.
  • Western DFC (WDFC): A 1,506 km route from Jawaharlal Nehru Port in Mumbai to Dadri in Uttar Pradesh, linking major ports in Gujarat.
  • As of March 2024, around ₹94,091 crore has been spent on DFC development.

PROPOSED DFC CORRIDORS:

• East Coast Corridor (1,115 km) from Kharagpur to Vijayawada.
• East-West Sub-corridor-I (2,073 km) from Palghar to Dankuni.
• East-West Sub-corridor-II (195 km) from Rajkharsawan to Andal.
• North-South Sub-corridor (975 km) from Vijayawada to Itarsi.

Conclusion

Dedicated Freight Corridors have emerged as a transformative infrastructure project, bolstering both India’s economy and rail revenues by enhancing freight capacity, reducing costs, and promoting regional growth. The DFCs not only alleviate congestion on traditional routes but also play a critical role in achieving India’s goal of increasing the share of rail in freight traffic. With further expansion planned, DFCs are set to continue supporting India’s economic growth trajectory.

LIGNOSAT

TOPIC: (GS3) SCIENCE AND TECHNOLOGY: BCC.COM

Japan launched the world’s first wooden satellite, LignoSat, developed by Japanese researchers. This satellite aims to test the potential of using wood in space, especially for lunar and Mars missions.

About LignoSat:

• Name Meaning: The name “LignoSat” combines “ligno” (Latin for wood) and “satellite.”
• Development: Created by a research team from Kyoto University and Sumitomo Forestry Co.
• Purpose: To explore the eco-friendly and cost-effective qualities of wood for space missions.
• Material Used: Constructed with magnolia wood, chosen for its strength and flexibility.
• Launch: It will first travel to the International Space Station (ISS) aboard a SpaceX rocket from the Kennedy Space Centre.
• Testing: After reaching the ISS, it will be released from the Japanese experiment module to test its durability in space conditions.
• Data Collection: Researchers will monitor data from the satellite to assess its performance under extreme temperatures and check for any signs of strain.

Why Wood is Used:

• Eco-Friendly Re-entry: Wooden satellites are considered more environmentally friendly than metal ones.
• Pollution Reduction: Unlike metal satellites, which release harmful metal particles during re-entry, wooden satellites reduce this risk, minimizing air pollution.

KALKA-SHIMLA RAILWAY

TOPIC: (GS1) GEOGRAPHY: INDIANTODAY

The Himachal Pradesh Chief Minister recently requested the Central government to consider operating trains on the Kalka-Shimla narrow-gauge railway using green hydrogen.

• The Kalka-Shimla Railway (KSR) is a UNESCO World Heritage site known for its scenic mountainous route.

About Kalka-Shimla Railway (KSR):

• Location: This narrow-gauge railway runs from Kalka in Haryana to Shimla in Himachal Pradesh.
• Historical Background: Built in 1898, it was designed to connect Shimla, then the summer capital of British India, with the rest of the rail network.
• Engineer: The project was led by H. S. Harington.
• Route Details:
  • The line spans 96 km and is a single-track line often called the toy train line.
  • It covers 18 stations, 102 tunnels, and crosses over 850 bridges.
  • It rises from 655 meters in Kalka to 2,076 meters in Shimla.
• Engineering Feats:
  • Features the world’s highest multi-arch gallery bridge at Kanoh.
  • Includes the Barog Tunnel, once the world’s longest tunnel.
• UNESCO World Heritage Status: The KSR was recognized as a UNESCO World Heritage site in 2008 for its historical and engineering significance.
• Record: It holds a Guinness World Record for its steepest altitude rise over 96 km, including crossings over 800 bridges and viaducts.