PT 360 Polity August 2024: UPSC Prelims 2025

Anticipatory Bail Under SC/ST Act

• A recent ruling by a 2-Judge bench of the Supreme Court clarified that anticipatory bail cannot be denied under the SC and ST (Prevention of Atrocities) Act, 1989 unless there is a clear case against the accused.
• According to Section 18 of the Act, anticipatory bail as per Section 438 of the CrPC is not applicable in cases related to offenses under the Act.

Other Key Highlights of the judgement

• The court stated that simply insulting a member of the SC or ST community is not considered a crime under the SC/ST Act unless the intention is to humiliate them based on their caste identity.
• The Act only considers intentional insults or intimidation that stem from deep-rooted social norms such as untouchability or caste superiority as offenses.

Anticipatory bail

• The High Court or Court of Session can order the release of a person on bail if they are at risk of being arrested for a non-bailable offense.
• The provisions for anticipatory bail can be found in Section 438 of the Code of Criminal Procedure (CrPC).
• Anticipatory bail is addressed in Section 482 of the Bhartiya Nagarik Suraksha Sanhita (2023) under the reformed criminal laws.

SC and ST (Prevention of Atrocities) Act, 1989

• Objective: - The goal is to prevent crimes against members of Scheduled Castes (SCs) and Scheduled Tribes (STs) through the establishment of Special Courts for trial of such offenses, as well as providing relief and rehabilitation for victims.

Salient Features:

• Accused individuals must not belong to the SC/ST communities.
• Offenses covered under the Act include employing SC/ST members for Manual Scavenging, dedicating SC/ST women as devadasis in temples, and denying customary rights of passage to public places for SC/ST individuals.
• The Act also includes provisions for punishing public servants who neglect their duties under the Act, even if they are not members of the SC/ST communities.

Boilers Bill, 2024 Introduced in Rajya Sabha

• The new legislation will revoke the Boilers Act of 1923, which was put in place to standardize technical regulations for boilers across India.
• The Boilers Act was previously amended in 2007 to include inspection and certification by third-party authorities.
• The Act has been revised to include provisions that align with the Jan Vishwas (Amendment of Provisions) Act of 2023, which aims to decriminalize certain aspects of the law.

Key features of Bill

• Competent authority is an institution recognized by regulations for granting certificates to welders for welding boilers and boiler components.
• Anyone who alters, adds to, or renews a boiler without authorization from the Chief Inspector can be punished with imprisonment up to two years, a fine up to one lakh rupees, or both.
• The Central Government has the power to address any difficulties in implementing the provisions of the Boilers Act, 2024 within three years of the Act coming into effect.
• The Central Boilers Board is established by the Central Government to oversee the design, manufacture, erection, and use of boilers and boiler components.

Objective of Bill

• The regulation oversees the production and utilization of boilers to protect individuals and property from potential boiler explosions.
• It forbids the use of boilers that are not registered or certified, requires accidents to be reported, and encourages consistency in the registration and inspection procedures for boilers during manufacturing, installation, and operation.
• Importance of Industrial Boiler: A boiler involves the combustion of fuel on a large scale, reaching high temperatures and pressures, managing high-energy steam, and other related tasks.

Centrally Sponsored Scheme (CSS)

News Context

• The NITI Aayog has started a process to overhaul Centrally Sponsored Schemes (CSSs) as part of expenditure reforms.
• The DMEO of NITI Aayog is seeking proposals from consultancy firms to assist in evaluating Central Sector Schemes (CSSs) in nine different sectors.
• The sectors include Agriculture and Allied Sector, Women and Child Development, Education, Urban Transformation & Skill Development, Rural Development Sector, Drinking water and sanitation, Health Sector, Water Resources, Environment and Forest Sector, and Social Inclusion, Law & Order and Justice Delivery.

About Centrally Sponsored Schemes

• CSSs are collaborative schemes funded by both the central and state governments and implemented by the states in sectors listed in the State and Concurrent Lists of the Constitution.
• Features: The current structure of the CSSs is built upon the recommendations of the Sub-Group of Chief Ministers on Rationalization of CSSs in 2015.
• Focus: CSSs should align with the National Development Agenda to achieve Vision 2022, requiring cooperation between the Centre and States.
• Current Status: There are currently 75 CSSs categorized into three categories, accounting for approximately 10.4% of the Centre's budget expenditure.
• Funding: All funds for Centrally Sponsored Schemes (CSSs) are now being channeled through the State Consolidated Fund.
• The 14th Finance Commission recommended this change, along with the elimination of the Plan-Non Plan classification in 2017.
• Centrally Sponsored Schemes (CSSs) and Central Sector schemes (CSs) are now the main ways the Union government transfers funds to the States for specific purposes
• Funding distribution for Core Schemes varies based on the region
• In 8 North Eastern States and 3 Himalayan States, the funding ratio is 90:10 (Centre: State)
• For other States, the funding ratio is 60:40 (Centre: State)
• Union Territories without Legislature receive 100% funding from the Centre

Supervision: NITI will have simultaneous authority to monitor CSSs and also supervise Third-Party Evaluation.

Types of CSS

Rational of CSSs

• Subsidiarity Principle: Central authority should only handle tasks that cannot be effectively managed at a local level.
• Equalization of Basic Services: Health Schemes help ensure that health services are equal across different states.
• Prioritizing Merit Goods: Subsidized housing, social services, and healthcare services that benefit the poor should receive government resources.
• Directive Principles of State Policy: These principles guide governments at all levels and provide a constitutional basis for national efforts in areas like inequality removal, education, welfare of weaker sections, and public health.

Citizen Participation Towards Good Governance

News Context

The MyGov platform recently celebrated its 10th anniversary.

About MyGov Platform

• MyGov, a platform initiated by the Prime Minister, works with various government bodies and ministries to involve citizens in policy-making and gather their opinions on public interest matters.
• Essentially, it allows people to engage with the government and play a role in promoting effective governance.
• Over the years, MyGov has grown into a strong platform with more than 47.2 million registered users, referred to as MyGov Saathis.

Key MyGov Campaigns:

• LiFE Campaign: Encourages individuals to take action against environmental degradation and climate change by showcasing the impact of their actions on a global scale.
• Stay Safe Online: A campaign by MeitY during India's G20 presidency aimed at educating citizens, including those with disabilities, on online risks, safety measures, and cyber hygiene to improve overall cyber safety.
• Swachh Bharat Survekshan: Promotes public participation in creating a cleaner and healthier India through interactive activities and social media engagement.
• Millet-SuperFood: Raises awareness about the nutritional benefits of millets and their role in preventing lifestyle diseases.

Three key pillars of MyGov

• Do: Utilize quizzes, Innovate India initiatives, pledges, Self4Society program, and Saathi 2.0 initiative to engage users and promote participation
• Discuss: Facilitate group discussions through platforms like Mann Ki Baat radio program
• Disseminate: Information through blogs, periodic newsletters, emails, and MyGov OTT to reach a wider audience and keep them informed about government initiatives and programs

How Citizen Participation helps in Good Governance?

• Accountability and Transparency:
• Citizens play a crucial role in holding government officials accountable through feedback, reporting issues, and demanding action.
• This promotes transparency and openness in government decisions.
• Example: RTI empowers citizens by providing them with information to hold officials and agencies accountable.

Service Delivery:

• Active citizen participation in policymaking ensures that their needs and interests are considered in decision-making.
• This enhances the delivery of public services and policy outcomes.
• Example: Community participation in evaluating Delhi government's Mohalla Clinics improved access to quality healthcare.

Fosters Inclusivity:

• Engaging citizens in governance promotes a sense of belonging and ensures that diverse voices, including marginalized groups, are heard.
• This promotes equity and social justice.
• Example: MGNREGA Social audit helps prioritize the voices of the poor and marginalized.

Trust-building:

• Active citizen participation programs help build trust in government institutions, reinforcing democratic principles and promoting a cooperative relationship between the state and society.
• Example: Gram Sabhas foster community trust at the grassroots level.

Innovation:

• Citizen participation brings new perspectives, innovative ideas, and solutions to address issues, strengthening the governance structure.
• Example: A Mysuru-based firm received a patent for their innovative solution to use plastic waste to make environmentally friendly interlock tiles that are stronger than cement.

Initiatives taken to ensure Citizen participation in Good Governance

• Swachh Bharat Mission: This initiative has transformed into a widespread movement, where citizens actively engage in cleaning activities, promoting sanitation, and advocating for cleanliness.
• National Mission for Clean Ganga: This mission has launched extensive public awareness campaigns to instill a sense of responsibility and involvement among the public in efforts to clean and preserve the Ganga River.
• Digital India: The goal of this initiative is to empower citizens by providing easier access to services and facilitating seamless interaction with the government, ultimately leading to economic growth and an improved quality of life for citizens.
• 73rd and 74th Amendment Acts: These acts have brought about democratic decentralization, ensuring the participation of people in both rural and urban areas, including marginalized groups such as women, in local governance.
• Citizen's Charter: The purpose of the Citizen's Charter is to strengthen the relationship between citizens and the administration, as well as to align administrative processes with the needs and expectations of citizens.

Delimitation Commission

• The Supreme Court ruled in the Kishorchandra Chhanganlal Rathod case that constitutional courts can review Delimitation Commission orders if they are clearly arbitrary and against constitutional values.
• The Gujarat High Court previously rejected a petition challenging a delimitation exercise, citing Article 329(a) of the Constitution which prohibits court interference in electoral matters.

About Delimitation

• Delimitation involves determining the number of seats and boundaries of constituencies for the Lok Sabha and Legislative assemblies in each State.
• The task of delimitation is given to a powerful body called the Delimitation Commission, also known as the Boundary Commission.
• According to Article 82, Parliament decides the authority and process for delimitation.
• In India, Delimitation Commissions have been formed four times - in 1952, 1963, 1973, and 2002.

Earlier SC's Judgments

• DMK v. State of T.N: Constitutional Court can intervene in elections if there is evidence of mala fide or arbitrary exercise of power
• Meghraj Kothari's case: Judicial interference is limited to preventing unnecessary delays in the election process, but does not completely restrict judicial review.

Lateral Entry in Civil Services

News Context

The recent UPSC advertisement for hiring 45 lateral entry positions of Secretary and Joint Secretary at the Centre has been cancelled.

• The lateral entry advertisement was removed because it did not include quotas for SC, ST, and OBC candidates.
• The Department of Personnel and Training (DoPT) sent a letter to the UPSC in November 2018 stating that the current method of filling these positions is similar to deputation, so mandatory reservation for SC/ST/OBC candidates is not required.
• However, eligible SC/ST/OBC candidates should still be considered and given priority in similar cases to ensure comprehensive representation.

How have lateral entries been kept out of the ambit of reservation?

• The "13-point roster" is used to implement reservation in public jobs and universities.
• Under this formula, the first three vacancies do not have any reservation.
• The UPSC has advertised 45 openings in the current recruitment cycle.
  
  • If all vacancies were considered as one group, specific numbers of vacancies would be reserved for SC, ST, OBC, and EWS candidates according to a 13-point roster.
  • However, since the vacancies are advertised separately for each department, they are considered single-post vacancies and do not fall under reservation policies.
  • In a single post cadre, reservation policies do not apply, as each post to be filled under lateral entry is considered a single post.
  • The Supreme Court ruled in Akhilesh Kumar Singh Vs Ram Dawan & Others (2015) that reservations for single post cadre positions amount to 100% reservation and violate Article 16(1) and 16(4) of the Constitution.

About Lateral Entry

• Lateral Entry allows for the recruitment of individuals from outside the typical bureaucratic structure for specific mid or senior-level positions in government departments.
• Unlike the traditional hiring process through exams conducted by the UPSC, Lateral Entry brings in candidates based on their expertise and experience.
• This method is distinct from appointing private sector employees for advisory roles, such as the Chief Economic Advisor of India being a renowned economist.
• Lateral Entry involves contractual employment for 3 to 5 years, with the possibility of extension based on performance.
• Countries like Australia, USA, and the UK utilize both direct entry through exams and lateral entry for government positions.

Evolution of the Idea of Lateral Entry in India

• The idea of introducing lateral entry into the government was first suggested by the First Administration Reforms Commission in 1966, headed by Morarji Desai.
• The Second Administrative Reforms Commission recommended the institutionalization of lateral entry into the government.
• In 2016, the Parliamentary Standing Committee, led by S hashi Tharoor, recommended the inclusion of eminent individuals from various fields through lateral entry.
• NITI Aayog's Three-year Action agenda in 2017 and the Report of the Sectoral Group of Secretaries on Governance in 2017 also supported the induction of lateral entry recruits at middle and senior management levels.
• Lateral entry recruitments were officially announced in 2018.

Legislative Impact Assessment

News Context

• A 2-Judge bench of the Supreme Court has recommended a thorough statutory audit of the Maharashtra Slum Areas Act, highlighting the importance of evaluating the implementation of laws as a crucial aspect of upholding the Rule of Law.
• The court issued a directive in response to various issues in implementing the Act, such as difficulties in identifying slum areas and providing housing for displaced residents.
• The court stressed that the executive branch is responsible for not only implementing laws but also monitoring them.
• The court's request for a comprehensive statutory audit underscores the importance of conducting a Legislative Impact Assessment to systematically assess the impact and outcomes of laws that have been passed.

What is Legislative Impact Assessment (LIA)?

• LIA, also known as Regulatory Impact Assessment, is a structured approach used to evaluate the various impacts of proposed and current laws, considering both favorable and unfavorable consequences.
• Key elements of LIA involve identifying issues, examining options, comparing alternatives, consulting with stakeholders, choosing a preferred course of action, conducting socio-economic analysis, and evaluating outcomes after implementation.

What are the significances of LIA in India?

• Evidence-based Policymaking: LIA can assist policymakers in making decisions based on empirical evidence rather than assumptions or political pressures.  This can help optimize resource allocation through cost-benefit analysis.
• Legislative quality: LIA can help prevent legal conflicts, ambiguities, and overlapping laws. For example, it can address jurisdictional overlaps between sectoral regulators and competition authorities.  LIA can also reduce the burden on the judiciary by clarifying legislation and providing alternative conflict resolution mechanisms.
• Scrutiny of delegated legislations: LIA can assess the appropriateness and proper use of powers delegated to executive authorities, especially with reduced parliamentary scrutiny.  This can help prevent malfeasance, misfeasance, and nonfeasance by delegated authorities.
• Responsive and responsible Governance: LIA allows for mid-term course corrections and policy revisions to address implementation gaps, making the administration more responsive. Regular assessments of legislative impact can increase transparency and hold lawmakers and implementing agencies accountable.
• Compliance with International Obligations: LIA ensures that new legislations align with India's international obligations, such as those related to human rights and trade.  For example, the replacement of the MEIS scheme with the RoDTEP scheme in 2021 was due to non-compliance with WTO norms.

What are the challenges in ensuring effective LIA in India?

Legal and institutional challenges in India:

• Lack of formal mandate for conducting LIA: There is no legally binding requirement for conducting Legislative Impact Assessment in India, leading to fragmented assessments due to lack of inter-ministerial coordination.
• Absence of dedicated institutions: Unlike the UK's Better Regulation Executive, India lacks dedicated institutions to ensure that every law undergoes impact analysis.

Data limitations hindering LIA:

• Lack of comprehensive data: The absence of reliable and interoperable data on the performance of statutes, policies, and schemes makes it challenging to conduct thorough assessments.
• Bounded rationality concept: Human decisions are not fully rational due to limitations in information, time constraints, etc., leading to suboptimal analyses and flawed predictions about the real-life performance of laws and policies.

Bureaucratic inertia affecting LIA implementation:

• Procedure-oriented administrative culture: The bureaucratic system in India prioritizes following established procedures over introducing new analytical practices, hindering effective coordination with stakeholders.
• Closed bureaucratic system: Lack of coordination with stakeholders like civil society and policy think-tanks is further hindered by a closed bureaucratic system based on Weberian principles.

What can be done to ensure effective LIA in India?

• Establishment of an Institutional Oversight Body: A dedicated agency or committee could be created under the Ministry of Law and Justice or NITI Aayog to supervise and evaluate the Legislative Impact Assessment (LIA) process. 
• This agency would ensure that impact assessments are conducted periodically by an external agency as recommended by ARC-II. 
• Additionally, a Regulation Review Authority could be set up for each regulatory authority, ministry, or department to conduct regulatory impact assessments before drafting regulations, as suggested by the Damodaran Committee in 2013.
• Reforms in the Legislative Process: It is proposed that bills be mandatorily referred to Departmentally Related Parliamentary Standing Committees for thorough examination and review, as recommended by the National Commission to Review the Working of the Constitution (NCRWC).
• Utilization of Technology and Data-driven Analysis: The use of emerging technologies such as data analytics, machine learning, and artificial intelligence can enhance the accuracy and depth of LIAs. 
• It is also important to improve the government's data collection system through digitization and ensure access to government data through initiatives like the National Data and Analytics Platform (NDAP).
• Capacity Building and Training: Collaboration with academic institutions, think tanks, and civil society organizations can help enhance the government's capacity in conducting LIAs. For example, partnerships with institutions like the National Institute of Public Finance and Policy (NIPFP) can provide expertise and conduct specialized LIAs in collaboration with government ministries.

Uniform Civil Code (UCC)

News Context

During his Independence Day address, the Prime Minister expressed support for a Uniform Civil Code, suggesting a Secular Civil Code instead of the current religious-based Civil Code.

About Uniform Civil Code (UCC)

• Refers to a single set of personal laws applicable to all regardless of religion
• Covers areas such as marriage, divorce, maintenance, inheritance, adoption, and property succession

Current Status of Uniform Civil Code

• Most Indians currently follow their own religious laws in personal matters
• Goa follows a common civil code based on the Portuguese Civil Code of 1867
• Uttarakhand adopted UCC in 2024
• 21st Law Commission of India (2018) stated that UCC is not necessary or desirable at this time
• Instead, focus should be on reforming family laws of all religions to ensure gender equality.

Need for UCC in India

• Upholding Constitutional Duty: Article 44 of the Constitution requires the state to work towards establishing a Uniform Civil Code for all citizens. 
• This would not only promote gender justice, national unity, and equality under the law as outlined in Article 14, but also maintain the secular nature of the state where civil matters are not influenced by religious beliefs.
• Addressing Contemporary Society's Needs: Laws and practices that create divisions based on religion or hinder societal progress should be eliminated. For example, polygamy, which is permitted under Muslim Personal Law, goes against the rights of women and should be abolished.
• Meeting International Obligations: Implementing a Uniform Civil Code would align with India's commitments to various Human Rights conventions and protocols, including the United Nations Human Rights Convention.
• Simplifying Legal Procedures: Having a standardized process for personal matters regardless of religious background would lead to quicker and more efficient resolution of disputes.
• Adapting to Modern Times: Enforcing a Uniform Civil Code would ensure that laws are in line with the changing social landscape, promoting inclusivity and individual freedoms.

Supreme Court Judgements on UCC

• Ahmed Khan v. Shah Bano Begum (1985): Emphasized the importance of gender justice and the necessity for uniformity in personal laws.
• Sarla Mudgal and others v. Union of India and others (1995): Highlighted the need for reforming personal laws to prevent misuse, similar views seen in the Lily Thomas case (2000).
• Shayra Bano v. Union of India (2017): Invalidated talaq-e-biddat (instant and irrevocable talaq under Shariat Act of 1937) as an arbitrary practice.

Surrogate Advertisements

News Context

The Ministry of Health and Family Welfare has requested the Sports Authority of India and BCCI to take steps to stop sportspersons from promoting tobacco and alcohol through surrogate advertising.

• The Ministry outlined several steps to address include:
  
  • Filling out a form declaring opposition to tobacco use
  • Avoiding advertising at BCCI-affiliated stadiums or events
  • Instructing athletes under BCCI's jurisdiction to avoid promoting tobacco products indirectly.
• They also urged BCCI to prevent surrogate advertising of tobacco products by athletes and other celebrities at events like the IPL.

About Surrogate advertisements

• They serve as a replacement promotion for products that cannot be directly advertised due to legal restrictions, such as tobacco and alcohol. For example, tobacco products and alcohol are often promoted through surrogate advertisements.
• These advertisements may contain false information, misleading guarantees, or intentionally hide important details to engage in unfair trade practices. For instance, some advertisements may make false claims about a product's benefits or ingredients.
• By sponsoring popular sporting events, brands can increase their visibility and ultimately boost sales of restricted products. An example of this is how pan masala products accounted for a significant portion of advertising during the IPL in 2024.
• Companies often use tactics like celebrity endorsements, appealing locations, and attractive visuals to attract consumers. For instance, liquor companies may promote their products indirectly by advertising music CDs, or pan masala brands may promote silver-coated cardamom as a way to indirectly market their products.

Legal framework related to Surrogate advertisements

• The Cable Television Networks (Regulation) Act, 1995 along with the Cable Television Rules, 1994, and the Cigarettes and Other Tobacco Products Act (COTPA), 2003 prohibit the promotion, sale, or consumption of liquor, tobacco, and cigarette advertisements.
• The Central Consumer Protection Authority (CCPA) Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 introduced the concept of surrogate advertisement.
• The Consumer Protection Act, 2019 defines 'misleading advertisements' as those that falsely describe or deceive consumers about a product or service.
• The Advertising Standards Council of India (ASCI) Code allows the use of a brand associated with a restricted good to advertise unrestricted goods if it is considered a 'genuine brand extension'.
• The determination of a genuine brand extension is based on the proportionality of the advertisement scale with the production and sale of the unrestricted good.

Implications of Surrogate Advertising

Consumers:

• Violation of Consumer Rights: Surrogate advertising undermines consumer rights by engaging in unfair trade practices and depriving consumers of information and choice.
• Manipulation of Decision-Making: Surrogate advertising manipulates consumers into making decisions based on aspirational content rather than the actual product, leading to misleading vulnerable groups such as youth and the poor.

Public Health:

• Public health risks: Tobacco and alcohol products are being marketed in a way that appeals to consumers, potentially leading to addiction, particularly among young people.
• ICMR study findings: Surrogate Smokeless Tobacco brands were featured in 41.3% of advertisements during the ICC Men's Cricket World Cup 2023, indicating a significant presence of harmful products in a popular event.

Companies:

• Surrogate ads increase brand visibility and sales of banned products, leading to unethical business practices
• A survey in 2019 found that over 70% of consumers were influenced by surrogate ads
• Digital streaming platforms, BCCI, and State Associations benefit financially from surrogate advertisements during sports tournaments
• Brands are willing to pay high amounts, such as ₹60 lakh for a 10-second ad spot, to reach a large audience through surrogate ads.

Ethical implications:

• Lack of transparency and accountability in advertising: Brands take advantage of legal loopholes to promote prohibited products
• Social influence and nudge theory in marketing: 'Out of sight, out of mind' strategy encourages consumers to use tobacco or alcohol products. Celebrity endorsements play a role in influencing consumer behavior

Consumer rights linked to surrogate advertisements

• Right to Safety: Consumers have the right to be protected from dangerous goods and services that could harm their health or property.
• Right to be Informed: Consumers have the right to know important information about the products they are purchasing, such as quality, quantity, price, and any potential risks.
• Right to Choose: Consumers have the right to access a variety of goods and services at competitive prices, allowing them to make informed decisions based on their preferences.
• Right to Consumer Education: Consumers have the right to acquire the knowledge and skills needed to make informed decisions as consumers, ensuring they can protect themselves from unfair practices and make the best choices for themselves.

State of Infrastructure in District Courts

• A report titled 'Empirical Study to Evaluate the Delivery of Justice through Improved Infrastructure' was released by the Union Ministry of Law & Justice.
• The report examined the infrastructural challenges experienced by Chief Administrators, Judicial Officers, Advocates, and Support Staff.
• Various aspects of infrastructural issues were highlighted in the report.

Key Findings of the Report

• Insufficient Courtroom Space: Approximately 37.7% of Judicial Officers have reported inadequate space in courtrooms.
• Lack of Trained Human Resources: Shortage of Judicial Officers with insufficient training and skill development to effectively manage workload and ensure timely disposition of cases.
• Absence of Digital Infrastructure: Offices of District Legal Services Authority (DLSA) and Taluk Legal Services Committee (TLSC) lack computerization.
• Advocates Struggle with Digitization: Advocates find it challenging to adapt to the technical aspects of digitization, leading to increased burden on support staff due to E-Court missions.
• Issues in District Courts: Lack of cooperation and coordination among different departments of District Court, temporary or casual employment of support staff resulting in lack of support within the court system.

Key Recommendations

• Create a separate IT department at District and Taluka courts with updated technology and trained staff.
• Focus on maintaining electronic records of filed cases to improve efficiency.
• Establish separate Civil and Criminal Courts with individual Judicial Officers.

Initiatives to improve district courts

• Infrastructure development for the judiciary was supported through a Centrally Sponsored Scheme in 1993-94.
• The National Mission for Justice Delivery and Legal Reforms in 2011 aimed to reduce delays and improve accountability through structural changes.
• The E-Courts Integrated Mission Mode Project focused on computerizing District and subordinate courts.

Sub-Classification of Schedules Castes

News Context

• In a recent case, the Supreme Court's 7-Judge Constitutional Bench ruled that it is acceptable to sub-classify Scheduled Castes in order to provide separate quotas for those who are more disadvantaged within the SC community.
• The 7-judge Constitution Bench was examining two main issues:
• Whether it is permissible to have sub-classifications within reserved castes.
• The validity of the ruling in E. V. Chinnaiah v. State of Andhra Pradesh (2005), which stated that SCs listed under Article 341 were a unified group and could not be further divided.
• In 2014, the Supreme Court referred the appeal in Davinder Singh v. State of Punjab to a 5-judge Constitution Bench to reconsider the E.V. Chinnaiah Case (2004) judgment.
• In 2020, the Supreme Court's 5-Judge Constitution Bench ruled that the E.V. Chinnaiah judgement, which banned sub-categorization of SCs, needs to be reviewed.

Relevant Constitutional provisions

• Article 14: State cannot deny equality before the law or equal protection of laws in India
• Article 15(4): Allows State to make special provisions for socially and educationally backward classes or SCs and STs
• Article 16(1): Ensures equality of opportunity in employment or appointment under the State for all citizens
• Article 16(4): Allows State to reserve appointments or posts for backward classes not adequately represented in services
• Article 341(1): President can specify SCs for any state or union territory
• Article 341(2): Parliament can include or exclude castes, races, or tribes from the list of SCs through legislation.

Key highlights of the Judgment

• Sub-dividing the Scheduled Castes does not go against Article 341(2) as the specific castes are not automatically included or excluded from the list.

Scope of Sub-Classification of Scheduled Castes:

• The objective of affirmative action, including sub-classification, is to provide substantive equality of opportunity for backward classes.
• Substantive equality means that the law must consider the different backgrounds and historical injustices faced by individuals or groups.
• The state can sub-classify based on inadequate representation of certain castes, but it must prove that the lack of representation is due to their backwardness.
• The state must gather data on the lack of representation in the state services to justify sub-classification.
• The state cannot reserve all seats for Scheduled Castes, excluding other castes.
• Scheduled Castes listed under Article 341(1) are diverse groups with different levels of backwardness.
• Four out of seven judges suggested extending the "creamy layer principle" to Scheduled Castes and Scheduled Tribes.
• However, this suggestion is not a directive for the government to implement the creamy layer concept in this case.

Other Significant Judicial Rulings

State of Kerala vs. N M Thomas (1975)

• This was the first Supreme Court ruling to introduce the term 'creamy layer,' warning that the benefits of reservations could be misappropriated by wealthy individuals from backward castes.

Indra Sawhney vs. UoI (1992)

• A nine-judge bench of the Supreme Court highlighted the necessity for the Government to exclude the 'creamy layer' from the Other Backward Classes (OBC) category when granting reservation benefits.

E.V. Chinnaiah vs. State of Andhra Pradesh (2004)

• The Supreme Court determined that the sub-classification of Scheduled Castes (SCs) constituted an alteration of the Presidential List, which infringed upon Article 341(2) that grants exclusive authority to Parliament.

Jarnail Singh vs. Lachhmi Narain Gupta (2018)

• The Supreme Court stated that applying the 'creamy layer' concept to Articles 341 and 342 does not interfere with the Presidential List.

Arguments for Sub-classification

• Substantive Equality: Adopting a "weakest first" strategy aims to uplift the most marginalized individuals among Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Governance: Implementing sub-classification would promote a more diverse and effective governance structure.
• Heterogeneous Groups: There exists a variety of groups within the SCs, each facing distinct struggles and levels of discrimination.
• Legislative Authority of Legislatures: Article 341 gives the President the power to identify communities as SCs. Once designated, state legislatures gain authority under Article 246, aligning with the Fundamental Rights outlined in Articles 15(4) and 16(4).
  
  • Article 246 pertains to the topics covered by laws enacted by both Parliament and state legislatures.

Arguments Against Sub-Classification

• Unity and Solidarity: There is a concern that sub-classification could fragment the Scheduled Castes (SC) community, diminishing their collective strength and influence.
• Purpose of Reservation for SCs: Reservations are intended as restitution for historical injustices rather than solely for economic upliftment.
• Caste Discrimination and Economic Mobility: The stigma associated with caste discrimination may persist even with improved economic status, as illustrated by Oxfam’s 2022 India Discrimination Report, which reveals ongoing caste-based discrimination in accessing credit.
• Data Limitations: There is a lack of reliable and comprehensive caste census data for various groups. The Socio Economic and Caste Census (SECC) of 2011 was not released to the public due to claims that the entire dataset was flawed and the census itself unreliable.
• Potential for Misuse: There are concerns about the potential for political manipulation by ruling parties at the state level to create or enlarge their voter bases.

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