DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 3rd August 2024
Archives (PRELIMS & MAINS Focus) SUB-CLASSIFICATION OF SC, ST Syllabus Mains – GS 2 Context: In a landmark judgement, a seven-judge Bench of the Supreme Court on August 1 reframed how the Scheduled Castes (SC) and Scheduled Tribes (ST) quota may operate. The Bench headed by Chief Justice of India permitted states to create sub-classifications within the SC and ST categories for the purpose of according wider protections — through sub-quotas — to the most backward communities within these categories. Background:- This overturns the apex court’s 2004 decision in E V Chinnaiah v State of Andhra Pradesh, in which it had held that the SC/ST list is a “homogenous group” that cannot be divided or sub-classified further. Key takeaways Article 341 of the Constitution allows the President, through a notification, to list as SC “castes, races or tribes” that suffered from untouchability. SC groups are jointly accorded 15% reservation in education and public employment. Over time, some groups within the SC list have been underrepresented compared to others, prompting states to try extending more protections to these groups. 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 following the Supreme Court’s 2004 decision in E V Chinnaiah, which struck down a similar law in Andhra Pradesh. V Chinnaiah judgement: The court held that any attempts to create a differentiation within the SC list would essentially amount to tinkering with it, for which the Constitution did not empower states. Article 341 only empowers the President to issue such a notification, and Parliament to make additions or deletions to the list. The court also said that sub-classifying SCs violates the right to equality under Article 14. In 2006, the Punjab & Haryana High Court struck down Punjab’s 1975 notification in Dr. Kishan Pal v State of Punjab. Despite this, Punjab reintroduced the first preference in the Punjab Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006. This Act was challenged, leading to the High Court striking it down in 2010, and an appeal to the Supreme Court. In 2014, the case was referred to a five-judge Constitution Bench to determine if the E V Chinnaiah decision had to be reconsidered. In 2020, Constitution Bench in Davinder Singh v State of Punjab held that the 2004 E V Chinnaiah decision required reconsideration, noting that SCs are not a homogeneous group and that there are unequals within SC’s, ST’s, and socially and educationally backward classes. But since this Bench, like in E V Chinnaiah, comprised five judges, a seven-judge Bench heard the issue in February 2024. Key issues before the Bench included: Are all castes in the SC list to be treated similarly?: Article 341(1) allows the President to specify SCs in a state. Article 341(2) states that only Parliament can modify this list. E V Chinnaiah decision held that SCs must be treated identically. However, CJI Chandrachud rejected this, stating that the Presidential list is a “legal fiction” and does not imply uniformity within the SCs. Can states ‘tinker’ with or sub-classify the Presidential list?: The court, in E V Chinnaiah, had held that the power under articles 15(4) & 16 (4) was limited to providing quotas in education and public employment and once reservations have been provided to SCs as a whole, it is not open to the State to sub-classify. The majority opinion in the present case held that states in exercise of its power under Articles 15 & 16 can identify varying degrees of social backwardness and provide special provisions, including sub-quotas. What is the yardstick for sub-classification?: States must demonstrate the need for wider protections, provide empirical evidence, and have a reasonable rationale for classifying sub-groups. This reasoning can be tested in court. Representation must be “effective” rather than merely “numerical,” and states must prove the disadvantaged status of sub-groups based on quantifiable data. Does the creamy layer principle apply to Scheduled Castes?: Justice Gavai supported introducing the ‘creamy layer’ principle for SCs, as applied to OBCs, to ensure that only the most disadvantaged benefit from reservations. Four of the seven judges agreed with this opinion. In conclusion, the Supreme Court’s decision reflects a nuanced approach to SC reservations, recognizing internal disparities within SCs and allowing states to address them with appropriate measures backed by evidence. Source: Indian Express CLOUDBURSTS Syllabus Prelims & Mains – GEOGRAPHY Context: Several cloudbursts occurred in Himachal Pradesh recently. Five people have died and around 50 are missing. Background: The cloudbursts also triggered flash floods that washed away several buildings, bridges, and roads cutting off several areas. About cloudbursts A cloudburst is a localised but intense rainfall activity. Not all instances of very heavy rainfall, however, are cloudbursts. A cloudburst has a very specific definition: Rainfall of 10 cm or more in an hour over a roughly 10 km x 10-km area is classified as a cloudburst event. By this definition, 5 cm of rainfall in a half- hour period over the same area would also be categorized as a cloudburst. Causes Orographic Lift: Cloudbursts frequently occur in mountainous regions where moist air is forced to rise over a mountain, cooling and condensing rapidly. Convective Clouds: They can also result from convective clouds, such as cumulonimbus clouds, which can extend up to 15 kilometers (9.3 miles) above the ground. Sudden Condensation: When warm air mixes with cooler air, it can lead to rapid condensation and precipitation. Effects Flooding: The intense rainfall can lead to flash floods, causing significant damage to infrastructure and posing risks to life. Disasters: Cloudbursts can result in landslides, especially in hilly areas, further exacerbating the damage. Detection and Forecasting Challenges: Detecting cloudbursts is challenging due to their small scale. Satellite precipitation radars often miss them, and weather models struggle to simulate them accurately. Forecasting: Predicting cloudbursts remains difficult, particularly in hilly regions where the interaction between moisture and terrain is complex. Source: Down To Earth NIRBHAYA FUND Syllabus Prelims & Mains
DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 3rd August 2024 Read More »
