SC Orders Re-evaluation of AMU’s Minority Status

Source: IE

Why in News?

Recently, a 7-judge bench of the Supreme Court (by 4:3 majority) in the case relating to the minority status of Aligarh Muslim University (AMU), overruled the 1967 judgment in S. Azeez Basha vs. Union Of India which held that an institution incorporated by a statute cannot claim to be a minority institution. 

• The issue of whether AMU is a minority institution as per Article 30 of the Constitution is now left to be decided by a regular bench based on this view of the majority. 

What are the Major Highlights of the Supreme Court Judgement? 

• Main Aspects of the Case Considered by the Court: 
  • Whether a University, established and governed by a statute (AMU Act 1920), can claim minority status. 
  • The correctness of the 1967 judgment of the Supreme Court in S. Azeez Basha vs. Union Of India which rejected the minority status of AMU. 
  • The nature and correctness of the 1981 amendment to the AMU Act, 1920 which accorded minority status to the University after the decision in  S. Azeez Basha vs. Union Of India Case. 
  • Whether reliance placed on the S. Azeez Basha vs. Union Of India decision by Allahabad High Court in AMU v. Malay Shukla in 2006 was correct in concluding that AMU being a non-minority institution could not reserve 50% seats for Muslim candidates in Medical PG Courses. 
• Key Highlights of the Recent Ruling: 
  • The Overruling of Azeez Basha Judgment: The SC overturned the 1967 ruling in S Azeez Basha vs Union of India. 
    • In the Azeez Basha case, the SC Constitution bench had held that AMU is not a minority institution and to enjoy the status, it should have been both established and administered by the minority. 
  • Question of Minority Status Referred to Regular Bench: The court did not directly decide whether AMU is a minority institution leaving the determination to a regular bench to investigate AMU’s historical establishment. 
    • New Test for determining Minority status: 
      • Establishment: The first aspect of the test deals with the genesis or origin of the minority institution, the purpose of its establishment, and how the "idea" for the institution was finally implemented. 
      • Implementation: Who contributed the funds for the institution? How was the land obtained or donated? Who obtained the necessary permissions, and handled the construction and infrastructure? 
      • Administration: The courts can look at the administrative set-up to see if it "affirms" the minority character of an institution.  
        • If the administration does not seem to "protect and promote the interests of the minority", it could be "reasonably in ferred that the purpose was not to establish aneducational institution for the benefit of the minority community. 
• Minority Charater of an Institution: The court held that an institution's minority status shouldn’t be dismissed solely because it was created by law, and courts shouldn’t rely strictly on legislative language to determine its establishment. This would make Article 30(1), a fundamental right subservient to a statutory enactment. 
  • The court held that the word “established” as used in article 30(1) cannot and should not be understood in a narrow and legalistic sense.  
  • The words used in clause 1 of article 30 have to be interpreted in view of the object and purpose of the article and the guarantee and protection it confers. 
  • The right under Article 30(1) is guaranteed to minorities as defined upon the commencement of the Constitution. 
  • The court further listed "core essentials" of minority character under Article 30(1). 
    • While the purpose of establishing a minority institution should be the conservation of language and culture, it need not be the only purpose; 
    • A minority institution will not lose its minority character by admitting students belonging to non-minorities; 
    • Secular education can be imparted as a minority affecting its minority character; 
    • If a minority institution has received aid from the government, no student can be forced to participate in religious instruction; 
    • if the institution is fully maintained out of state funds, it cannot provide religious instruction.  
      • However these institutions must still be considered minority institutions. 
  • Nature of Incorporation vs Establishment: The judgment clarified that incorporation by legislation does not negate minority status. Merely formalising a university through law doesn’t alter who originally established it. 
    • The court rejected the argument that Muslims were not a minority in 1920 or did not think of themselves as a minority.  
    • It said the group must be a minority on the commencement of the Constitution and pre-Constitution institutions are also entitled to protection under Article 30, even when founding a university. 
    • Article 30 will stand diluted if it is to apply prospectively only to the institutions which were established after the commencement of the Constitution. 
    • The words 'incorporation' and 'establishment' cannot be used interchangeably. Merely because the AMU was incorporated by imperial legislation would not mean that it was not 'established' by a minority.  
    • It cannot be argued that the University was established by the Parliament merely because the statute says it was passed to establish the University. Such a formalistic reading will defeat the objectives of Article 30. 
• Dissenting Opinion: Three judges dissented from the majority holding differing views on the applicability of Article 30 to institutions established by statute. 

What is the Timeline of the AMU Dispute? 

• The Muhammadan Anglo-Oriental College Founded, 1875: 
  • Sir Syed Ahmad Khan established the Muhammadan Anglo-Oriental College in Aligarh, with the aim of providing modern education to Muslims in India, who were perceived to be socially and educationally backward. The institution later becomes the basis for AMU. 
• AMU Takes Shape, 1920: 
  • The Aligarh Muslim University Act was passed by the Indian Legislative Council, formally transforming the MOA College into Aligarh Muslim University (AMU). 
• S. Azeez Basha vs. Union of India, 1967: 
  • The Supreme Court ruled that AMU cannot be classified as a minority institution under Article 30. 
  • The ruling emphasizes that AMU was a central university, not one “established or administered” solely by the Muslim community, thus it does not qualify as a minority educational institution. 
• AMU Act Amended to Grant Minority Status, 1981: 
  • In response to the 1967 ruling, the Union government amended the AMU Act in 1981, declaring that AMU was indeed “established by the Muslims of India” to promote the educational and cultural advancement of Muslims. 
    • This amendment grants AMU minority status. 
• AMU Reservation Controversy, 2005: 
  • AMU introduces 50% reservation for Muslim students in postgraduate medical courses. 
  • The Allahabad High Court struck down the reservation policy in 2006, ruling that AMU could not claim minority status because it was not a minority institution as per the 1967 Supreme Court decision.  
  • This is based on the reasoning that AMU was not “established or administered” by the Muslim community, thus it does not meet the criteria under Article 30. 
• Government Withdraws Appeal, 2016: 
  • The government withdraws its appeal in the Supreme Court against AMU’s minority status, arguing that AMU does not qualify as a minority institution, reinstating its position based on the 1967 ruling.  
  • The government maintains that AMU renounced its religious status when it was established as a central university in 1920. 
• Seven-Judge Bench, 2019: 
  • A three-judge bench referred the issue to a larger seven-judge bench to resolve the legal questions surrounding AMU’s minority status. 
• The Latest Verdict, 2024: 
  • A seven-judge Supreme Court Bench, by a 4:3 majority, overturned the Allahabad High Court’s ruling on minority status criteria in the S Azeez Basha vs Union of India case. 
  • This ruling opens the possibility for Aligarh Muslim University (AMU) to obtain recognition as a minority institution.

Conclusion 

• The recent Supreme Court decision to revisit the minority status of AMU highlights the ongoing legal and constitutional debate over Article 30, which grants minorities the right to establish and administer educational institutions.  
• By overturning the 1967 Azeez Basha judgment, the court has opened the door for AMU to potentially reclaim its minority status. As the issue now rests with a regular bench, the ultimate decision will shape the future of minority educational rights and set a precedent for similar institutions across India.

Drishti Mains Question: Discuss the implications of the Supreme Court's recent decision to review Aligarh Muslim University’s minority status on India's constitutional framework for minority rights.

 

Development Economics

Source: HT

Why in News?

The recent October 2024 edition of IMF World Economic Outlook has sparked discussions on the need for development economics to align political and economic realities.  

• The report emphasises an integrated approach to address global economic challenges, highlighting the importance of understanding the interplay between economic policies and political implications for effective governance. 

What is Development Economics? 

• About:
  • Development economics is a branch of economics that focuses on the study of how countries can achieve sustained economic growth, reduce poverty, and improve the standard of living of their populations.  
  • It examines the processes of economic development, the factors that contribute to it, and the challenges faced by developing countries in achieving these goals. 
  • It emerged in the post-World War II era, particularly in response to the challenges faced by newly independent nations.  
• Key Focus Areas: 
  • Economic Growth: It focuses on how economies grow and diversify, looking at factors like investment, technology, human capital, infrastructure, and institutions to drive long-term development. 
  • Poverty Reduction: It aims to reduce poverty through strategies like wealth redistribution, social welfare programs, and inclusive economic policies to improve living standards. 
  • Inequality: It examines income and wealth disparities within and between nations, exploring how inequality affects social cohesion and economic stability, and ways to address it through policy. 
  • Sustainable Development: It integrates sustainability, ensuring that economic growth doesn't harm the environment, while addressing challenges like climate change and resource depletion. 
  • Globalisation and Trade: It analyses the impact of international trade, foreign direct investment (FDI), and global financial markets on developing countries, focusing on issues like trade imbalances and market access. 
  • Institutional Development: It stresses the importance of strong institutions (legal systems, democratic governance, public administration) for economic development, examining how governance affects outcomes and how to improve institutions. 
• Theoretical Approaches: Development economics includes several schools of thought, each offering different perspectives on how to achieve economic development. 
  • Neoclassical Theory: It focuses on free markets, private property rights, and competition as drivers of economic growth, advocating minimal government intervention. 
  • Structuralist Theory: It emphasises the need to address structural issues like poor infrastructure, over-reliance on primary sectors, and weak industrialisation, advocating for state-led development. 
  • Capability Approach: It was introduced by Amartya Sen. This approach shifts focus from GDP to human well-being, highlighting the importance of expanding individuals' freedoms and choices in development. 
  • Institutional Economics: It stresses the role of institutions (both formal and informal) in shaping economic outcomes, arguing that development is influenced by the quality of governance and societal norms. 

Why is there Need to Reevaluate the Current Approach to Development Economics? 

• Macro-Level Challenges: Current development economics often focuses on micro-level interventions, overlooking large-scale macroeconomic challenges like national competitiveness, fiscal constraints, and global trade imbalances.  
  • A more comprehensive approach is needed to address these broader economic issues. 
• Political Realities: In democratic nations like India, political realities, such as populist policies, often undermine long-term structural reforms.  
  • Development economics must align with political feasibility, ensuring that proposed solutions are practically implementable within existing political frameworks. 
• Global Dynamics and Technological Shifts: With rapid technological advancements and global market disruptions, development economics must adapt to changing global dynamics. This includes focusing on competitiveness, innovation, and the implications of new technologies on national growth. 
  • The IMF’s World Economic Outlook (WEO) report highlights China's rise in electric vehicle production, driven by labour productivity, which has disrupted global markets, demonstrating the need for development economics to adapt to global shifts. 
• Sustainable and Inclusive Growth: A reevaluation is essential to ensure that development economics fosters inclusive growth, poverty reduction, and sustainable development, addressing inequality and the environmental challenges posed by rapid industrialisation and urbanisation. 
• Interdisciplinary Approach: Development economics needs to integrate insights from other fields like political science, sociology, and environmental science, creating a more holistic framework that considers the complex interdependencies between economic policies, political stability, and social well-being. 

How does India's Economic Performance Align with Global Development Economics? 

• High Growth Rate: India’s GDP growth consistently outpaces the global average, with a forecasted growth rate of 7% in 2024-25 (IMF). This positions India as one of the standout emerging market economies. 
  • Despite global slowdowns, India’s growth remains resilient, reflecting its economic potential on the global stage. 
• Domestic Demand as Growth Driver: A significant portion of India’s economic growth is driven by robust domestic demand, with consumer spending accounting for about 60% of GDP (World Bank, 2023). 
  • Government investment, particularly in infrastructure and social welfare programs, also plays a vital role in mitigating external shocks like global economic recessions. 
• Demographic Dividend: India’s population is predominantly young, with a median age of 28.4 years in 2024 (UN Population Division), offering a substantial workforce and potential for long-term economic growth. 
  • By 2030, India is projected to have the world’s largest workforce, which, if harnessed effectively, can provide a significant boost to productivity. 
• Service Sector Dominance: The services sector, particularly Information Technology (IT) and Business Process Outsourcing (BPO), is central to India’s economic performance. India’s IT exports stood at approximately USD 194 billion in FY 2023 (NASSCOM), making it a global leader in this domain. 
  • The sector not only contributes significantly to exports but also generates employment and attracts foreign direct investment (FDI). 
• Infrastructure Development: India has ramped up public investment in infrastructure, with the government allocating USD 1.5 trillion (National Infrastructure Pipeline, 2020-2025) for infrastructure development. 
  • Key initiatives like the Bharatmala project (road infrastructure) and UDAN (regional air connectivity) are expected to create new economic opportunities and enhance competitiveness. 
• Digital Transformation and Financial Inclusion: India has made significant strides in digital transformation, particularly with the introduction of digital payment systems like UPI. The value of UPI transactions increased by 40% year-on-year to Rs. 20.07 trillion in June 2024, up from Rs.12.98 trillion in January 2023. 
  • There were 16.58 billion Unified Payments Interface (UPI) transactions worth Rs 23.5 trillion in October 2024, the highest numbers for the digital system since its inception in April 2016. 
  • Digital initiatives such as Jan Dhan accounts and Aadhar-based identity systems have improved financial inclusion, benefiting millions of previously underserved individuals. 

What are the Challenges in Development Economics for India? 

• Political Economy Constraints: India’s development is impacted by political dynamics, where electoral cycles often prioritise populist policies, like cash transfers and subsidies, over long-term reforms in labor, tax, and industry.  
  • This short-term focus limits essential reforms that would support sustainable economic growth. 
• Labour Market Rigidities: India faces skill gaps, low productivity, and rigid labour laws that restrict hiring flexibility.  
  • Without reforms to improve skill development and allow greater labour flexibility, India struggles to align its workforce with high-growth sectors and global standards. 
• Social Unrest and Protests: Labour-business tensions, particularly in manufacturing sectors, highlight the social challenges in balancing worker protections with business needs.  
  • If not managed, these tensions can deter investment and weaken manufacturing competitiveness. 
• Geopolitical Uncertainties: Trade tensions, especially between the US and China, present both opportunities and risks for India.  
  • While India can attract investment diversifying from China, it must reduce dependence on traditional markets and build diverse trade partnerships to remain resilient in a shifting global economy. 

Way Forward 

• Balancing Growth and Equity: Ensuring that reforms not only enhance growth but also address income inequality and social justice is critical. This requires policies that promote inclusive growth, fair wages, and investment in education. 
• Fostering Technological Adoption: India must embrace technological innovation, including Artificial Intelligence (AI), automation, and green technologies, to stay competitive in the global economy.  
  • This requires a supportive policy environment, investments in infrastructure, and a focus on skill development. 
• Boosting Labour-Intensive Sectors: India must focus on sectors such as textiles and garments, where it has competitive advantages in terms of cheap labor and infrastructure.  
• Advancing Technological Innovation: India must invest in cutting-edge industries like electronics, microchips, and renewable energy. It should also strengthen STEM education to move up the value chain and foster innovation through R&D and venture capital. 
  • This will require a more favorable environment for R&D, improved access to capital, and a robust education system that produces skilled labor for high-tech sectors. 
• Reforming Labour Laws and Regulatory Frameworks: India must simplify and modernize its labour laws to create a more business-friendly environment, as suggested by the IMF’s World Economic Outlook (WEO) report. 
  • Streamlining regulatory processes, reducing compliance burdens, and ensuring ease of doing business through initiatives like "Make in India" and "Ease of Doing Business" reforms are crucial for attracting foreign investment and enhancing competitiveness. 
• Targeting Investment in Human Capital: Prioritise education, healthcare, and skill development to boost labor productivity and support long-term growth.  
  • Shift focus from cash transfers to building a skilled workforce aligned with high-value sectors.  
  • Increased public spending on education and vocational training will prepare India’s workforce for a competitive global economy. 
• Engaging with International Institutions: India should strengthen its cooperation with global economic institutions like the IMF, World Bank, and WTO to secure favorable terms of trade and navigate the complexities of global supply chains and trade agreements.

Drishti Mains Question: What is Development Economics? Why is there a need to Reevaluate the current approach of development economics?

Upgrading Wind Energy Generation

Source: TH 

Why in News?

In August 2024, the Tamil Nadu government introduced the “Repowering, Refurbishment, and Life Extension Policy” to replace old turbines and optimise wind energy use. 

• However, wind energy generators have opposed the policy, approached the Madras High Court and got a stay. 

What is Tamil Nadu Repowering, Refurbishment & Life Extension Policy for Wind Power Projects, 2024? 

• Context: Wind energy generators in Tamil Nadu with windmills older than 20 years needed upgradation for energy efficiency. 
• Policy Focus: The policy includes three major aspects: 
  • Life Extension: Extending the operational life of windmills over 20 years old. 
  • Repowering: Replacing old windmills with new machines. 
  • Refurbishment: Upgrading or repairing old windmills. 
• Capacity Overview: Approximately 300 MW of the 9,000 MW wind energy capacity in Tamil Nadu is over 20 years old. 
• Reason for Opposition: For life extension, wind energy generators are expected to pay Rs 30 lakhs per MW every five years.  
  • For repowering, a one-time payment of Rs 30 lakhs per MW is required to replace old machines with new ones.

What are the Key Facts About Wind Energy in India? 

• Wind Energy Potential: India has a wind power potential of 1,163.86 GW at 150 metres above ground level while at a 120-metre turbine height, it is 695.51 GW. 
• Wind Energy Utilisation: Only about 6.5% of India’s wind potential is used at the national level and nearly 15% in Tamil Nadu.  
• Wind Power Generation: India has been ranked 4th in wind power capacity and fourth in renewable energy installed capacity, as of 2024. 
• Cost Competitive: Power generation from wind projects is likely to be cost-competitive relative to thermal power generation in India in 2025-30. 
  • Wind Turbine Maintenance: 
    • Repowering: Replacing wind turbines older than 15 years or under 2 MW capacity with new ones. 
    • Refurbishing: Upgrading turbines by increasing height, changing blades, or installing higher-capacity gearboxes to boost energy output. 
    • Life Extension: Implementing safety measures to extend the lifespan of older turbines. 
• Windy States: Major wind energy states are Gujarat, Tamil Nadu, Karnataka, Maharashtra, Rajasthan, and Andhra Pradesh, which together contribute 93.37% of the country’s installed wind energy capacity. 
  • Tamil Nadu has the second largest installed wind energy capacity with 10,603.5 MW after Gujarat.                                                                            

What are the Challenges in Repowering and Refurbishing Wind Turbines? 

• Land requirements: New turbines, especially those with higher capacities (2 MW and 2.5 MW), require more land (3.5 to 5 acres) compared to older, smaller turbines. 
• Displacement: Since the 1980s when turbines were installed, habitats have come up between wind sites which pose new challenges of displacement and rehabilitation of population. 
• Technology Evolution: Upgrading turbines, blades, and gearboxes to keep pace with advances requires significant investment, time, and expertise. 
• Banking issue: Wind turbines installed after 2018 in Tamil Nadu do not have banking facilities, meaning that repowered turbines are treated as new installations, and generators cannot bank the energy generated, affecting financial viability. 

Way Forward  

• Improved Tariff Mechanism: Offering competitive renewable tariffs will ensure stable pricing and reduce financial risks for project developers.  
• Completion Deadlines: Ensuring strict adherence to project completion timelines will prevent delays, improve project efficiencies, and enhance the credibility of the wind energy sector. 
• Integration with Solar Energy: India must focus on improving solar-wind grid integration to harness energy during periods when solar generation is low, such as at night. 
• Transmission Infrastructure: Investing in advanced energy storage systems and upgrading transmission infrastructure will maximise wind energy efficiency. 
• Long-Term Power Purchase Agreements (PPAs): Securing long-term PPAs with discoms will provide a stable revenue stream for developers and foster greater interest in wind energy projects. 
• Technology Upgradation: Innovations such as larger and more efficient turbines, offshore wind technology, and hybrid systems could further boost India’s wind energy capacity.

Drishti Mains Question:  India ranks fourth globally in wind energy capacity but uses only a small fraction of its potential. What solutions are needed to overcome challenges in the sector?

 

Global Tuberculosis Report 2024

Source: PIB 

Why in News?

According to WHO Global Tuberculosis Report 2024 India has achieved a notable 17.7% decline in tuberculosis (TB) incidence from 2015 to 2023. 

• This decline, exceeding the global average of 8.3%, underscores India’s unwavering commitment to eliminating TB by 2025, under the National Tuberculosis Elimination Programme (NTEP). 

What are the Key Findings of the Global Tuberculosis Report 2024? 

• Global TB Incidence Trends: 8.2 million new TB cases were reported in 2023, up from 7.5 million in 2022, marking the highest figure recorded by WHO since 1995. 
  • An estimated 1.25 million TB deaths were recorded in 2023, slightly lower than 1.32 million in 2022. 
• Demographics of TB Cases: 30 low- and middle-income countries (LMICs) account for 87% of the global TB burden. 
  • Five countries alone—India (26%), Indonesia (10%), China (6.8%), the Philippines (6.8%), and Pakistan (6.3%) contribute 56% of the global TB burden. 
  • 55% of TB cases occurred in men, 33% in women, and 12% in children and young adolescents. 
• India's TB Scenario: India recorded an estimated 27 lakh TB cases in 2023, of which 25.1 lakh individuals were diagnosed and began treatment. 
  • TB incidence in India dropped from 237 cases per lakh population in 2015 to 195 per lakh in 2023, reflecting a 17.7% decline over the period. 
  • Treatment coverage increased to 89% in 2023, up from 72% in 2015, significantly reducing the gap of undiagnosed or untreated cases.
• End TB Strategy Goals (Post-2015): WHO Global TB Report 2024 indicates, India is unlikely to eliminate TB by 2025 as it is falling short of the WHO's End TB Strategy milestones, which require reducing TB deaths by 75% and incidence by 50% from 2015 levels.
  
  • Progress so far suggests India will not achieve the target of reducing TB deaths to 7 per 1,00,000 and incidence to 118.5 per 1,00,000 by 2025 

What are the Challenges Encountered in Eradicating TB?  

• Insufficient Global Funding: In 2023, the total funding available in low- and middle-income countries (LMICs) was USD 5.7 billion, equivalent to only 26% of the target of reaching USD 22 billion by 2027. 
• Catastrophic TB Costs: Nearly 20% of Indian households with TB face catastrophic health expenses, well above the WHO target of zero. 
• Limited Donor Support in LMICs: International donor funding in LMICs remains stagnant at around USD 1.1–1.2 billion annually. 
  • Although the U.S. and the Global Fund are major contributors, their support is insufficient to meet essential TB service needs. 
• Underfunded TB Research: With only one-fifth of the USD 5 billion research target met in 2022, critical advancements in TB diagnostics, drugs, and vaccines are hindered.  
• Complex and Interlinked Epidemic Drivers: The epidemic is driven by multiple risk factors, including undernutrition, HIV, alcohol use, smoking, and diabetes. 

Way Forward 

• Expanded Tuberculosis Preventive Therapy (TPT): Focus should be on scaling up TPT with shorter regimens to enhance accessibility and reduce TB transmission. 
• Innovative Diagnostics and Decentralization: Efforts should be made to expand molecular diagnostic testing for early TB detection and improve reporting. 
• Decentralising TB Service Delivery: Decentralisation of services through "Ayushman Arogya Mandirs" will improve accessibility and treatment efficiency across regions. 
• Enhancing Community-Based Patient Support Systems: The initiative like Pradhan Mantri TB Mukt Bharat Abhiyaan (PMTBMBA) needs to be promoted to  strengthen community involvement and support systems to improve patient care and eliminate stigma. 
• Conducting Studies on Adult BCG Vaccination: Holistic Studies should be conducted to evaluate the efficacy of bacille Calmette-Guerin (BCG)  vaccination (is a vaccine for TB disease) in adults for preventing tuberculosis.

Drishti Mains Question  Discuss India’s approach and progress in achieving TB elimination by 2025. What are the key challenges and future strategies necessary to meet this target? (250 words)

 

Prior Sanction to Prosecute Public Servants Under PMLA

Source: IE

Why in News?

The Supreme Court (SC) of India recently upheld a decision by the Telangana High Court, mandating that public servants must receive prior government sanction before being prosecuted under the Prevention of Money Laundering Act (PMLA), 2002.

• This decision clarifies that Section 197(1) of the Code of Criminal Procedure, 1973 (now replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023), which mandates prior government sanction to prosecute public servants, also applies to PMLA cases.

What is Section 197(1) of CrPC?

• It mandates prior government sanction before prosecuting public servants, judges, or magistrates for actions performed in their official duties.
  • This aims to prevent malicious prosecutions and protect decision-making in good faith. The sanction must come from the Central Government for Union-affiliated individuals and from the State Government for those in State affairs.
• Exceptions: Specific crimes, particularly those involving gender-based violence and sexual offences under the Indian Penal Code, 1860 (BNS, 2023) do not require prior sanction for prosecution of public servants.

How Does the PMLA Interact with the CrPC?

• Section 65 of PMLA: Provides for CrPC provisions to apply to PMLA cases unless they conflict with the PMLA itself.
• Section 71 of PMLA: Asserts that PMLA provisions have overriding authority over other laws in cases of inconsistency.
• Supreme Court’s Ruling: The appellant Enforcement Directorate (ED) had argued that Section 71 of the PMLA, which gives the PMLA overriding authority over other laws, should exclude the prior sanction requirement. However, the SC rejected this claim.
  • The SC held that Section 197(1) of the CrPC is not inconsistent with the PMLA, thus requiring its application in cases involving public servants under the PMLA.
  • It further clarified that Section 71 cannot nullify Section 197(1), as doing so would render Section 65 of the PMLA redundant.
• Implications of SC Ruling: This sets a benchmark for applying the CrPC to PMLA cases, clarifying the limits of the PMLA’s overriding authority under Section 71.
  • The judgement limits the ED's ability to prosecute public servants under PMLA without government consent, highlighting the need for due process.
  • The SC ruling balances the government’s efforts to combat money laundering with the rights of public servants to fair legal procedures.

Read more...

Konark Wheels at Rashtrapati Bhavan

Source: PIB 

Why in News?

Recently, four sandstone replicas of the iconic Konark wheels from the Konark Temple have been installed at the Rashtrapati Bhavan’s Cultural Centre and Amrit Udyan. This initiative is among various efforts to incorporate traditional cultural and historical elements into Rashtrapati Bhavan. 

• Konark temple was declared a UNESCO world heritage site in 1984. It is built in odisha school of temple architecture. 

What is are Key Facts and Significance of the Konark Sun Temple? 

• About Konark Temple: 
  • The 13th-century Konark Sun Temple, near Puri in Odisha, was built by King Narasimhadeva I (1238–1264 AD). Its grand scale and intricate design symbolise the strength and cultural values of the Eastern Ganga Empire. 
    • The Eastern Ganga dynasty also known as Rudhi Gangas or Prachya Gangas. 
    • It was a major Indian royal dynasty that ruled Kalinga from the 5th to early 15th century. 
  • Key Features of Temple: 
    • The vimana (principal sanctuary) was surmounted by a high tower with a shikhara (crowning cap) also known as Rekha deul, which was razed in the 19th century. 
    • To the east, the jahamogana (audience hall or Mandap) dominates the ruins with its pyramidal mass. 
    • Farther to the east, the natmandir (dance hall), today unroofed, rises on a high platform.

• Architectural Significance: 
  • Chariot Design: Temple is shaped as a colossal chariot with 7 horses symbolising the days of the week and 24 wheels representing 24 hours in a day. 
  • Wheel Construction: Each wheel, 9 feet 9 inches in diameter, has 8 thick and 8 thin spokes, serving as ancient sundials.  
    • The intricate carvings include circular medallions, animals, and foliage on the rims, as well as luxury scenes within the medallions. 
  • Symbolic Elements: The 12 pairs of wheels signify the months of the year, while some interpretations relate the wheel to the ‘Wheel of Life’—the cycle of creation, preservation, and realization. 
• Cultural Heritage: 
  • Dharma and Karma: The Konark Wheel is akin to the Buddhist Dharmachakra, symbolising the cosmic cycle of Dharma (righteousness) and Karma (action). 
  • Zodiac Representation: Another interpretation suggests the 12 wheels represent the zodiac signs, linking it to astrological and cosmic principles. 
• Sundial Functionality:  
  • Time Measurement: Two of the wheels can determine the time from sunrise to sunset. 
  • Spoke Arrangement: Wider spokes denote 3-hour intervals, thinner spokes represent 1.5-hour periods, and beads between spokes mark 3-minute increments. 
  • Midnight Mark: The top center wider spoke symbolizes midnight, with the dial moving anti-clockwise to display time.

No Midway Changes in Recruitment Criteria

Source: IE

Recently, the Supreme Court in the Tej Prakash Pathak vs Rajasthan High Court Case, 2013 ruled that recruitment rules for government jobs cannot be changed mid-process unless explicitly allowed.

• It endorsed the principles laid down in K Manjusree v. State of Andhra Pradesh Case, 2008 which held that changing recruitment criteria during the selection process is impermissible.
• The Court clarified that the K Manjusree case 2008 cannot be ignored for not considering the State of Haryana vs Subhash Chander Marwaha Case, 1973 ruling.
  • In the Marwaha case, the Court ruled that meeting minimum eligibility marks doesn't guarantee selection, as the government can set higher standards for public interest.
• Recruitment rules must meet constitutional standards of equality (Article 14) and non-discrimination in public employment (Article 16).

Read More...

National Education Day 2024

Source: BS 

Recently, the National Education Day (NED) is observed annually on 11th November to honour  Maulana Abul Kalam Azad's birth anniversary and his contributions to India's educational landscape. As India’s first Education Minister, he played a crucial role in establishing foundational institutions and advocating for accessible and inclusive education. 

• The Government of India first declared NED in 2008 to honour Azad's birth anniversary on November 18th 1888. 

• Achievements:  
  • He played a pivotal role in establishing the University Grants Commission (UGC) and All India Council for Technical Education (AICTE). 
  • Founded the Council of Scientific and Industrial Research (CSIR), Sahitya Academy, Lalit Kala Academy, Sangeet Natak Academy, and the Indian Council for Cultural Relations (ICCR). 
  • Launched Indian Institute of Technology (IIT) Kharagpur, laying the foundation for India’s premier technical education institutions. 
• Significance of National Education Day: 
  • Highlights education as a fundamental right essential for societal advancement and empowerment. 
  • Encourages students and educators to reflect on Azad's principles, fostering values of creativity and lifelong learning. 
  • Highlights educational issues, promoting discussions around reforms to address modern challenges in the Indian education system.

Read more: Abul Kalam Azad: National Education Day 

Acharya J. B. Kriplani

Source: AIR 

The birth anniversary of Acharya Jiwantram Bhagwandas Kripalani is observed every year on 11th November.  

• About: Acharya Kripalani was born in Hyderabad (Sind, now in Pakistan) in 1888, was a prominent parliamentarian, and crusader for social justice. 
  • He strongly supported decentralised industrialization, development of rural areas, and employment in small and cottage industries. 
• Role in Independence movement: Deeply inspired by Mahatma Gandhi’s philosophy. 
  • Kripalani actively participated in various movements like the Champaran Satyagraha (1917), Kheda Satyagraha (1918), Ahmedabad Mill Strike (1918), and Salt Satyagraha( 1930). 
  • Joined the Congress Party in the 1920s, became President of the Indian National Congress in 1946.  
• Contributions: Kripalani served as a member of the Constituent Assembly and Chairman of the Fundamental Rights Sub-Committee.  
  • Post-Independence he formed the Krishak Mazdoor Praja Party (1951), merged with Praja Socialist Party, and later became an independent member of Parliament. 
  • He authored his autobiography My Times and ran the weekly journal Vigil. 

Death: 19^th March 1982.      

Read more: Acharya Kripalani