GS Analyst: Daily Current Affairs

The Supreme Court of India, in a 4-3 majority decision, overruled its 1967 judgment in the Azeez Basha case, which had denied Aligarh Muslim University (AMU) minority status. This is a significant turning point in the interpretation of the rights of religious minorities to establish and manage educational institutions under Article 30 of the Indian Constitution.

What Did the 1967 Azeez Basha Case Say (Background)?

• In 1967, the Supreme Court had ruled that AMU (founded in 1875 and incorporated by imperial law in 1920) was not a minority institution.
• The court argued that AMU, despite being established by Muslims, was a statutory institution (meaning it was created by a law of Parliament) and therefore could not be classified as an institution established and administered by a religious minority.
• What Did the Supreme Court Say Now?
  • The majority opinion, written by Chief Justice Dhananjaya Y. Chandrachud on his last working day as CJI, overturned the 1967 decision.
  • The Court provided a new framework to assess whether an institution qualifies for minority status under Article 30(1) of the Constitution.

Key Points of the Judgment: 

• Minority Rights and Article 30(1): Article 30 guarantees that religious and linguistic minorities have the right to establish and administer educational institutions of their choice.
  • The majority opinion emphasized that this right is both a special privilege for minorities and a protection against discrimination by the state. The judgment made it clear that laws or government actions that discriminate against minorities in running educational institutions are unconstitutional.
• AMU’s Minority Status Reassessed: The Court did not immediately declare AMU a minority institution. Instead, it ordered that AMU’s minority status should be examined again, based on a fresh set of criteria.
  • The new criteria include:
    • Historical Context: AMU was established by Muslims, and its founders’ intentions to serve the Muslim community should be considered.
    • Administrative Structure: Even if the university was incorporated by a statute, it can still retain its minority status if its administration reflects the interests of the minority community.
    • Intent of Founders: The Court will also look at the original purpose for which AMU was created, and whether it was meant to benefit the Muslim community.
  • Key Test for Minority Status: The Court set out a three-part test to determine minority status:
    • Origins: The institution should show clear evidence that it was founded by the minority community. For AMU, this includes looking at historical documents and letters from the founders.
    • Purpose: The university does not need to exclusively serve the minority community, but it must primarily serve the interests of that community.
    • Administration: While it is not necessary for the institution to be administered solely by the minority, the intention behind its administration must align with the founding community’s interests.
  • Impact of State Aid: The Court also clarified that receiving state aid (e.g., grants, land) does not automatically negate an institution’s minority character. This was important because AMU, like many other universities, receives government support. The presence of such aid does not mean AMU is no longer a minority institution.
  • Importance of National Importance vs. Minority Status: The judgment rejected the argument that being an institution of national importance (as AMU is) contradicts its minority status. The Court said that national character and minority status are not mutually exclusive. AMU can still serve national interests while retaining its identity as a minority institution.

What Happens Next?

• The AMU case is not fully decided yet. The Court has ordered a fresh evaluation of AMU’s minority status based on the new framework.
• Until then, AMU’s official minority status remains undecided but is now open to reconsideration, based on historical facts and the Court’s guidance.
• Implications for Other Institutions: This decision has wider implications for other educational institutions across India, particularly those established before India’s independence. The Court’s framework could influence how the minority status of other institutions is determined in the future.

The issue of custodial deaths has gained significant attention following the recent deaths of Mohit Pandey and Aman Gautam in police custody in Uttar Pradesh (U.P.). Both cases highlight serious allegations of police brutality, raising concerns over human rights violations and the culture of impunity within law enforcement.

What is Custodial Death?

• A custodial death refers to the death of an individual while they are in the custody of law enforcement authorities or in judicial custody. This can occur either during police detention or in a prison setting.
• Custodial deaths often result from excessive use of force, torture, or inadequate medical care, and may sometimes be caused by neglect or ill-treatment.
• These deaths are considered grave human rights violations, as individuals in custody are vulnerable and should be protected by the state.
• Legal and Constitutional Provisions:
  • Article 21: Indian constitution has granted rights to every person and under fundamental rights enshrined under Article 21: Right to life, it includes the person who has been detained or convicted or arrested.
  • Article 22: Basic human rights cannot be taken away plus under Article 22, rights are laid down for people who are being arrested and detained.
  • Article 20: The prohibitions imposed by Article 20 of the Constitution are directly relevant to the criminal process.
    • Article 20(1)prohibits retrospective operation of penal legislations.
    • Article 20(2)guards against double jeopardy for the same offence.
  • Code of Criminal Procedure (CrPC): Under Section 46 and Section 50, the law mandates that arrests must be made with dignity and that the police must inform the arrested individual of the reasons for their detention.
  • Section 187 of the Nagarik Suraksha Sanhita, prescribes the procedure when investigation cannot be completed in twenty-four hours.
  • National Human Rights Commission (NHRC) constituted under the Protection of Human Rights Act, 1935 addresses violation of human rights, including the custodial torture.
  • Supreme Court Guidelines: In the landmark case of Dilip K. Basu v. State of West Bengal (1997), the Supreme Court issued guidelines to prevent custodial torture, including ensuring proper medical care, video recording of interrogations, and prompt medical examination if a detainee is injured.
  • Other landmark cases
    • Arnesh Kumar v. State of Bihar
    • Sunil Batra v. State (UT of Delhi)

Why the Number of Custodial Deaths is on the Rise?

Several factors contribute to the rising number of custodial deaths in India, especially in states like Uttar Pradesh:

• Police Brutality and Torture: A culture of impunity among law enforcement officers, where they use torture or excessive force during investigations, is a key reason for custodial deaths. In many cases, detainees are subjected to physical violence to extract confessions or punish them for minor offenses.
• Lack of Accountability: Police forces often act with little fear of legal consequences, as investigations into custodial deaths are infrequent, and convictions are rare. The lack of stringent enforcement of human rights laws exacerbates the problem.
• Political Influence and Corruption: In certain cases, local political influences and corruption may prevent accountability. The families of victims in cases like that of Mohit Pandey allege that powerful individuals were behind the custodial torture.
• Inadequate Training and Infrastructure: Police officers often lack proper training in human rights and conflict resolution. Additionally, many police stations suffer from poor infrastructure, with insufficient medical facilities for detainees.
• Overburdened Prisons: Indian jails are overcrowded, and prisoners are often subjected to inhumane conditions, which increases the likelihood of deaths in custody. The lack of adequate supervision or resources for inmates contributes to custodial deaths in prisons as well.

Required Measures

To curb the rise in custodial deaths, several measures need to be taken:

• Strict Implementation of Existing Laws: Ensuring adherence to existing legal provisions, such as the CrPC and Supreme Court guidelines, is essential. Police stations should be equipped with proper facilities for medical examination and monitoring of detainees.
• Independent Oversight: Establishing independent bodies to monitor police stations and custodial conditions can help ensure accountability. The NHRC should be empowered with more authority to take action and enforce its recommendations.
• Reforming Police Training: Police officers need comprehensive training on human rights, including the prohibition of torture. They must also be educated on handling arrests and interrogations with dignity and respect for the law.
• Transparency and Accountability: Policemen involved in custodial deaths must be held accountable through independent investigations. Transparent procedures for recording and investigating injuries sustained in custody are essential for ensuring justice.
• Legislation Against Torture: The Prevention of Torture Bill should be passed to provide a legal framework that criminalizes custodial torture and ensures that victims and their families are compensated.
• Prison Reforms: Overcrowded and underfunded prisons should be reformed to improve the living conditions of inmates, with adequate medical facilities and oversight to prevent deaths due to neglect.
• Public Awareness: Awareness campaigns about human rights and legal recourse for custodial deaths must be carried out, both for law enforcement and the general public, to build accountability and prevent such incidents.

In 2022, the National Restaurant Association of India (NRAI) filed a complaint against Zomato and Swiggy, two of India's largest food delivery platforms, accusing them of anti-competitive practices that harmed other restaurants and disrupted fair market competition. The Competition Commission of India (CCI), which monitors business practices to ensure fair competition, launched an investigation into the matter.

What are the issues?

• The NRAI’s complaint highlighted two main issues:
• Exclusivity Contracts: Zomato and Swiggy allegedly entered into exclusive agreements with certain restaurants. In exchange for offering lower commission fees, these platforms required some restaurants to list only on their platforms, making it harder for other food delivery services to compete.
  • For example, Swiggy ran a program called "Swiggy Exclusive", where it promised business growth to restaurants that only partnered with it. Though this program was claimed to be phased out in 2023, it might return under a new name, "Swiggy Grow", targeting restaurants in smaller cities.
  • These exclusivity deals concentrated market share among a few platforms, hurting competition.
• Price Parity Requirements: Both Zomato and Swiggy imposed price parity clauses on restaurants. This meant that restaurants had to match their prices across platforms, preventing them from offering cheaper prices on other food delivery apps.
  • Swiggy reportedly threatened to lower the ranking of partner restaurants if they failed to maintain price parity.
  • Zomato also enforced discount restrictions and penalized restaurants that violated these conditions.

CCI’s Findings:

• The Competition Commission of India concluded that these practices hindered competition in the food delivery market by favoring certain restaurants over others and reducing consumer choice.
• The investigation found that the food delivery platforms' actions, such as imposing exclusivity and price parity requirements, harmed the overall fairness of the market and restricted competition.
• Q-Commerce Under Scrutiny: Apart from food delivery, both Zomato and Swiggy have expanded into quick commerce (q-commerce), offering grocery deliveries within 10 minutes. The retail distributors' association has also raised concerns about predatory pricing in this new sector, which means offering products at a loss to eliminate competition.

D.Y. Chandrachud, officially retired, after having served a long tenure that encompassed substantial judicial reforms and historic verdicts. He will be succeeded by Justice Sanjiv Khanna, currently the senior-most judge in the Supreme Court.

Key-Judgments Passed by D Y Chandrachud

• Ayodhya land dispute case:A five-judge Constitution Bench of the Supreme Court, in a unanimous verdict in November 2019, ruled that the entire disputed land be handed over to a trust to be constituted for the construction of a Ram mandir and that Muslims be given five acres of either the acquired land near the site or at a suitable prominent place in Ayodhya for building a mosque.
• Electoral Bonds Case:The five-judge Constitution Bench of the Supreme Court unanimously ruled against the Union government’s electoral bond scheme for political funding.
• Decriminalisation of Section 377: A five-judge Constitution Bench struck down IPC Section 377 to the extent that it criminalised homosexuality.
• Abortion rights for unmarried women:Chief Justice Chandrachud expanded the rights of unmarried women by allowing them access to abortion under the Medical Termination of Pregnancy (MTP) Act up to 24 weeks, on par with married women.
• Decriminalisation of Adultery:In September 2018, a five-judge Constitution Bench held that adultery is not a crime and struck it off the Indian Penal Code and held that Section 497 of the IPC was unconstitutional because it violated Articles 14, 15, and 21.
• Lifting ban on entry of women into Kerala's Sabarimala temple:Supreme Court struck down in 2018 a rule that disallowed girls and women in the 10-50 age group from entering the Sabarimala temple in Kerala.
• Private Property: The constitution bench ruled that not all private property can be deemed a material resource of the community for redistribution under Article 39(b) of the Constitution.
• Right to Privacy:In August 2017, a nine-judge constitution bench ruled unanimously that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21.
• Delhi government vs Lieutenant Governor:A five-judge constitution bench ruled in May 2023 that the legislature has control over bureaucrats in the administration of services, except in areas outside the legislative powers of the National Capital Territory.
• Technological Changes
  • Hybrd hearings:A hybrid hearing is a mixture of a court hearing, where the people involved (parties, lawyers, witnesses and the Judge) attend in person, and a remote hearing. 
  • Listing and mentioning of cases: He had directed listing of 10 transfer petitions every day along with 10 bail applications before each court.
  • Paperless courts: With an aim to minimise the usage of paper, Chief Justice Chandrachud launched e-filing for advocates, including an online appearance portal for advocates. To bring in more transparency, the Supreme Court onboarded its case data on the National Judicial Data Grid (NJDG).
  • New smart courtrooms: The Supreme Court got nine futuristic courtrooms, with modern technology, transforming into a paperless court.
    • Judges dais now have new smart pop screens before the judges for the document reading.
    • The law books in courtrooms have been replaced with digital libraries. To have seamless video conferencing, a screen of 120 inches has been placed on one of the walls of the courtroom for judges.

The Union Government recently launched the ‘Animal Health Security Strengthening in India for Pandemic Preparedness and Response’ initiative to enhance India's capacity to prevent, detect, and respond to animal health threats, thereby strengthening pandemic preparedness and response.

About the Project

• The Animal Health Security Strengthening in India for Pandemic Preparedness and Response project is designed to improve India’s ability to prevent, detect, and respond to animal health threats, which can potentially lead to pandemics.
• The project aims to strengthen the country’s surveillance and early warning systems, expand the laboratory network, and improve data systems for better risk analysis and communication.
• The project was approved as part of the Pandemic Fund, created by G20 countries in 2022 during Indonesia's presidency.
  • India’s proposal received a grant of $25 million out of the $2 billion mobilized in the first round of the fund's investment.
• The project is implemented by three agencies: the Asian Development Bank (ADB), the World Bank, and the Food and Agriculture Organisation (FAO).
• The project is focused on key interventions such as:
  • Strengthening disease surveillance and early warning systems
  • Upgrading laboratories and enhancing vaccine manufacturing facilities
  • Improving data systems for better risk communication and analytics
  • Enhancing regional cooperation on transboundary animal diseases
• The ultimate goal is to prevent the transmission of zoonotic diseases from animals to humans, ensuring the health and well-being of vulnerable populations, and safeguarding livelihoods and nutritional security.
• By doing so, the project aims to reduce the risk of future pandemics originating from animal health issues in India’s diverse animal populations, including its 536 million livestock.

A new study has found dangerously high levels of lead in turmeric (much higher than the permissible limits) sold in India, Nepal, and Pakistan.

Key Findings of the Study:

• Lead levels in some turmeric samples exceeded 1,000 micrograms per gram (?g/g).
• Permissible Limit:
  • The permissible limit set by India’s Food Safety and Standards Authority (FSSAI) is 10 ?g/g.
  • The World Health Organization (WHO) maintains that no amount of lead is safe for human consumption.
• Health Risks:
  • Lead is a naturally occurring toxic metal found in the Earth’s crust. It is a toxic heavy metal that disrupts metabolic functions, particularly affecting brain development, intelligence, and overall health.
  • Lead exposure can result in lead poisoning, which can cause intelligence loss, learning difficulties, and behavioral issues, especially in children.
  • Studies show that children with blood lead levels as low as 5 ?g/dL can face cognitive and behavioral issues.
  • Lead chromate, a yellow pigment used in paints, rubber, and plastics, is suspected to be the main source of lead contamination in turmeric. It is often used to enhance the color of turmeric and make lower-quality roots look more appealing.

A new species of jumping spider, Okinawicius tekdi, was discovered from Maharashtra, Atharva Kulkarni, on Baner hill in Pune city.

About the Species

• The species was named Okinawicius tekdi in reference to its geographical origin, with “tekdi” meaning “hill” in Marathi.
• Okinawicius tekdi belongs to the Okinawicius genus, first described in 2016.
• It shares similarities with tokarensis, a species discovered in 1987, but also has distinct features in the male and female genitalia that set it apart.
• Key Features:
  • A defining characteristic of tekdi is the unique structure of the female genitalia, with membranous coils of copulatory ducts lying parallel to the surface.
  • The male tekdi also exhibits similarities with species from the Afraflacilla genus, such as A. kurichiadensis and A. avadavathurensis.
  • The findings indicate the importance of studying female counterparts in related species, as few female Afraflacilla spiders have been documented.

The BRICS summit held in Kazan, Russia (October 22-24, 2024) marked a critical point in the group’s evolution, highlighting its continued survival and growth amidst geopolitical challenges, including the Russia-Ukraine war and China-India relations. The summit reflected BRICS' transition from emerging economies to a broader platform representing the Global South, signaling its rejuvenation despite past struggles and internal differences.

BRICS Expansion and Geopolitical Dynamics

• Expansion of BRICS: The Kazan summit emphasized the group’s expansion with five new members joining in 2023, and 34 nations seeking membership, signaling a shift towards inclusivity and enhanced global influence.
• Global South Representation: BRICS, while not seeking a new world order, advocates for reforms in global governance to better represent emerging economies, focusing on the inclusion of countries from Africa, Asia, and Latin America in the UN Security Council.
• Moderation and Unity: While BRICS shows anti-Western tendencies, moderate members like India, Brazil, and South Africa remain committed to preserving its non-Western orientation and promoting multilateral cooperation.

Key Areas of Cooperation and Focus

• Peace and Security: The summit focused on conflicts in West Asia, calling for a ceasefire and the establishment of a Palestinian state, but was criticized for not addressing the terrorist attack by Hamas, reflecting internal differences.
• Economic and Financial Cooperation: While the summit emphasized the use of local currencies and financial cooperation, expectations for a massive capital boost to the New Development Bank were tempered by Saudi Arabia’s hesitance.
• Cultural and People-to-People Cooperation: Initiatives to strengthen social and economic development through sports, culture, and civil society were discussed, aiming for long-term collaboration beyond immediate political and economic goals.

India's Role in BRICS and Future Prospects

• India’s Strategic Interests: BRICS helps India maintain its strategic autonomy, promote multipolarity, and advocate for the interests of the Global South, alongside deepening ties with Russia and China.
• Improvement in China-India Relations: A key outcome of the summit was the first meeting between Indian Prime Minister Narendra Modi and Chinese President Xi Jinping in five years, signaling a potential thaw in bilateral relations.
• India’s Vision for BRICS: India has shifted from cautious to a more strategic approach on BRICS expansion, recognizing that increased membership could amplify the group’s global influence, positioning India as a bridge between the East and West.

Practice Question:

Q. BRICS has evolved from a grouping of emerging economies to a platform representing the Global South, despite facing internal divisions and external geopolitical challenges. Discuss the key achievements and challenges faced by BRICS, with a focus on its role in reforming global governance and India’s strategic interests within the grouping.

The Supreme Court recently overruled a 56-year-old judgment in the Aligarh Muslim University (AMU) minority status case, offering new guidelines for determining the minority character of educational institutions. The case, stemming from historical debates on the AMU’s foundation and status, saw a seven-judge bench revisiting critical issues related to minority rights, educational autonomy, and the interpretation of constitutional provisions.

Overruling of 1967 Judgment

• Reversal of S. Azeez Basha (1967) Judgment: The seven-judge bench overruled the 1967 judgment which had denied AMU minority status. The majority opinion held that the 1967 ruling’s narrow interpretation was wrong, particularly its formalistic view of the term “establish” in Article 30.
• Indicia for Determining Minority Character: The bench laid down new indicia (criteria) to determine the minority character of institutions. This involved examining historical efforts, the community’s role in founding and funding, and the institution’s objectives, not just statutory incorporation.
• Historical Significance: The bench emphasized that AMU’s minority status should consider historical efforts by the Muslim community in its establishment, rejecting Basha’s formalistic interpretation that had ignored the community’s contribution.

Interpretation of Article 30

• Article 30 and Minority Rights: The court reaffirmed that under Article 30, institutions established by minorities are entitled to protection and autonomy. Minority institutions can still be considered of “national importance” without losing their minority character.
• Holistic Interpretation of Statutes: The Court rejected the view that governmental recognition or support (e.g., land grants, recognition of degrees) would strip an institution of its minority character. It emphasized that statutory incorporation should not automatically negate minority status.
• Liberal Approach to Religious Character: The Court clarified that the presence of religious instruction or buildings (e.g., AMU’s mosque or St Stephen’s College church) is not necessary to maintain minority status. It argued that minority institutions do not need to be exclusively administered by the minority group to qualify for protection under Article 30.

Impact and Future Implications

• Change in Judicial Approach: The new guidelines set a precedent for future cases involving minority educational institutions, particularly regarding whether minority rights can be waived or surrendered, a topic raised in past judgments like Ahmedabad St Xaviers (1975).
• Pending Appeals and Future Determination: The three-judge bench will now reconsider the minority status of AMU in light of these new principles, making prior rulings, including those by the Allahabad High Court in 2005, largely irrelevant.
• Implications for Minority Institutions: The Court’s liberal stance on minority rights expands the scope of protection for institutions established by minorities, ensuring that the founding community's intent and history are central to any determination of minority status.

Practice Question:

Q. Critically examine the Supreme Court’s recent verdict in the Aligarh Muslim University minority status case, particularly its interpretation of Article 30, and discuss the implications of this ruling for the autonomy of minority educational institutions in India.

Recent reports have highlighted the Reserve Bank of India's (RBI) active intervention in managing the rupee's exchange rate against the US dollar, which has raised concerns among economists and market participants. This shift from a flexible exchange rate policy to more active currency management has been described as problematic, as it may distort market signals and hinder economic growth.

Distortion of Market Signals

• Interventionist Currency Policy: The RBI's active role in buying and selling dollars to control the rupee's value has led to a significant reduction in exchange rate volatility, with the rupee-dollar volatility falling from an average of 5% to just 1.9% since 2023.
• Economic Principles at Stake: The move to fix the exchange rate goes against the fundamental economic principle that prices should be determined by market forces, not state intervention. In a market economy, the price system conveys crucial supply and demand information.
• Historical Lessons from Fixed Exchange Rates: India’s pre-1991 experience with fixed exchange rates led to significant economic distortions, including shortages of goods and foreign exchange, ultimately contributing to the 1991 economic crisis. Many emerging economies have since moved away from such systems.

Theoretical vs. Practical Implications

• Flexible Exchange Rate Advantages: Under the previous system, a flexible exchange rate helped to smooth out economic cycles. The rupee's appreciation during periods of growth helped prevent overheating, while depreciation during downturns supported exports and economic recovery.
• Real Exchange Rate Impact: The new policy has led to a real appreciation of the rupee, making Indian exports more expensive and potentially harming India's export-driven growth strategies, including the "Make in India" initiative.
• Shift from a Working System: The shift to an inflexible exchange rate system has undone a functioning, flexible mechanism that allowed for natural adjustments, leading to better long-term economic stability and competitiveness.

Transparency and Market Uncertainty

• Lack of Clear Communication: The RBI has not provided transparency regarding its currency policy, leaving private market participants uncertain about the central bank's intentions and future interventions.
• Market Confusion: The lack of clear guidelines has created confusion about when and how the RBI will intervene, making it difficult for market players to anticipate currency movements and adjust their strategies accordingly.
• Risk of Long-term Economic Costs: Without a clear and transparent policy, the long-term costs of artificially stabilizing the currency could outweigh any short-term benefits, potentially distorting the market and undermining India’s growth ambitions.

Practice Question:

Q. Critically analyze the implications of the Reserve Bank of India’s active intervention in managing the rupee’s exchange rate against the US dollar. Discuss the potential long-term economic costs of such a policy shift for India’s growth trajectory.