Indian Polity and Governance - 4 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Issue of Reservation for Muslims in Andhra Pradesh

Why in news?

Recently, the debate surrounding the 5% reservation granted to Muslims in Andhra Pradesh in 2004 has gained renewed attention, focusing on the contentious issue of religion-based reservation.

Background of the Reservation for Muslims in Andhra Pradesh

• In Andhra Pradesh, Muslims represent approximately 9.5% of the population, with several Muslim groups already recognized in the state’s OBC lists, holding quotas between 7% and 10%.
• There have been movements advocating for the inclusion of all Muslims under the OBC category, inspired by similar initiatives in Karnataka and Kerala.

Reservation in 2004:

• In June 2004, the Andhra Pradesh government assessed the socio-economic and educational conditions of Muslims to consider their inclusion in the OBC list, resulting in a 5% reservation under Articles 15(4) and 16(4).
• The Andhra Pradesh High Court annulled the quota, citing the lack of referral to the Backward Classes Commission and failure to exclude the creamy layer.
• The court determined that the Muslim community could not be treated as a uniform group.
• One significant issue was whether Muslims were entitled to affirmative action, which the court affirmed, indicating that such reservations do not infringe upon secularism.

Reservation in 2005:

• The recommendation was made to extend reservations to the entire Muslim community, asserting that they are socially, educationally, and economically disadvantaged.
• The state government reintroduced a 5% quota for Muslims via an Ordinance, later enacted into law.
• Once more, the High Court invalidated the quota, stating that the Commission did not apply objective criteria to determine the backwardness of Muslims as a group in Andhra Pradesh.
• This ruling was appealed to the Supreme Court, which ordered the status quo to be maintained until the case was addressed.

Current Status:

• The Supreme Court's final hearing on the matter was set for 2022, but the court postponed the case until after the Economically Weaker Section (EWS) quota decision.
• The EWS quota was approved in November 2022, yet the Andhra Pradesh quota issue remains unresolved.

Issues With Andhra Model of Reservation:

• Classifying Muslims as a homogenous group contradicts the principle of equality outlined in the Constitution.
• This approach also breaches the constitutional restrictions on reservations based solely on religion, as established in Articles 15(1) and 16(2).
• The High Court noted that the existing reservation of 46% under Articles 15(4) and 16(4) exceeds the 50% cap, raising questions about the justification for this increase.

Arguments Related to Religion-based Reservation in India

Arguments in Favour of Religion-Based Reservations:

• Socio-Economic Backwardness: The Sachar Committee Report highlights that Muslims in India are less advanced than other groups in education, employment, and income, suggesting that reservations could help bridge this gap.
• Constitutional Mandate: The Indian Constitution allows for affirmative action for socially and educationally backward classes regardless of their religious background.
• Ensuring Adequate Representation: Reservations can facilitate better representation of underrepresented religious communities in various sectors, including employment.

Arguments Against Religion-Based Reservations:

• Secularism: Critics argue that reservations based on religion contradict the secular principles of the Indian Constitution, which advocates for equal treatment of all religions.
• Undermining National Unity: Such reservations may threaten national unity by fostering division and resentment among different communities.
• Economic Criteria: Reservations should be determined solely by economic status, ensuring that aid reaches those truly in need, regardless of religion.
• Administrative Challenges: Implementing religion-based reservations could lead to complications in identifying beneficiaries and preventing system misuse.

Way Forward

• Socio-Economic Criteria: Rather than religion, reservations could be allocated based on socio-economic status to benefit the most disadvantaged individuals of any background.
• Empowerment Through Education: Enhancing educational infrastructure and providing skill development programs can empower backward communities and improve their socio-economic standing.
• Inclusive Policies: Policies should address the unique needs of backward religious communities—focusing on education, employment, and healthcare without resorting to religious-based quotas.
• Dialogue and Consensus: Engaging all stakeholders in discussions can help reach a consensus on addressing socio-economic issues while adhering to constitutional principles.

Increasing Political Influence on Indian Higher Education

Why in news?

Indian higher education has a longstanding connection with political influences, and this relationship has become more pronounced in recent times, impacting various facets of academic integrity and institutional operations.

Higher Education in India:

• India boasts the world’s second-largest higher education system, with over 58,000 institutions.
• Approximately 43.3 million students are currently enrolled, with 79% pursuing undergraduate studies, 12% in postgraduate programs, and 0.5% engaged in PhD research. The rest are in sub-degree diploma courses.

Popular fields of study include:

• Undergraduate: Arts (34%), Science (15%), Commerce (13%), Engineering & Technology (12%).
• Postgraduate: Social Science (21%), Science (15%), Management (14%).
• PhD: Engineering & Technology (25%), Science (21%).
• The Gross Enrollment Ratio (GER) has risen to 28.4%, reflecting a 1.1% increase from the previous year.
• Top regions with the highest GER are Chandigarh, Puducherry, Delhi, Tamil Nadu, Himachal Pradesh, Uttarakhand, Kerala, and Telangana.
• In the academic year 2021-22, around 46,000 foreign students were enrolled in Indian educational institutions.

Political Influence:

• Political agendas have significantly impacted higher education institutions, with many colleges established to bolster political careers.
• Institutions are often strategically located to satisfy socio-cultural needs, reflecting India's diverse society.
• Renaming universities by state governments is frequently driven by political motives, as seen in the frequent name changes of Uttar Pradesh Technical University.
• Academic appointments and promotions can sometimes prioritize political connections over qualifications and merit.

Autonomy and Freedom:

• Many states express concerns regarding the appointment of state governors as chancellors of state universities.
• While some universities strive to uphold international academic freedom standards, adherence varies, especially in undergraduate colleges.
• Self-censorship is increasingly common, particularly in the social sciences and humanities, as academics face backlash for controversial publications.

Undermining Academic Freedom:

• Political interference can compromise academic freedom, pressuring faculty and students to conform to specific political ideologies.
• For example, Liz Magill, President of the University of Pennsylvania, resigned due to pressure from donors after addressing issues of antisemitism.

Deterrent to Talent:

• A politicized academic environment can discourage talented individuals from pursuing careers in education, hindering India's aspirations to enhance its global position in higher education.

Stifling of Open Debate:

• The dominance of political agendas in academia can suppress open discussions and discourage the exploration of diverse perspectives.

Increased Student Activism:

• Political influences can lead to heightened student activism linked to political parties, which may have positive aspects but can disrupt academic environments if taken too far.

Erosion of Public Trust:

• When universities are perceived as political instruments, public trust in academic research diminishes, undermining the credibility of academic expertise in policy-making.

Impact on Research and Innovation:

• Politicians with short-term objectives may neglect long-term research investments, thus stifling innovation and reducing India's global competitiveness.

Reduced Workforce Readiness:

• Employers prioritize skills like critical thinking and problem-solving. An education system that favors ideology over these competencies leaves graduates ill-prepared for the job market.

Strengthening Institutional Autonomy:

• Encouraging universities to diversify funding sources can help minimize reliance on government funding.
• It is essential to uphold academic freedom as an inviolable principle, promoting free discourse and research.

Establishing Autonomous University Boards:

• Creating governance boards can enhance research quality, particularly in politically sensitive fields.
• Universities should strive for autonomy to develop innovative curricula, secure diverse funding, and gain recognition as Institutions of Eminence under the UGC Act 2017.

Implementing Recommendations:

• Recommendations from the National Knowledge Commission (NKC) 2005 and Yash Pal Committee 2009 should be followed to grant greater autonomy to higher education institutions.
• Reforms should include regular curriculum updates, internal assessments, a course credit system, and attracting quality faculty.

Creating Independent Regulatory Bodies:

• An Independent Regulatory Authority for Higher Education (IRAHE) should be established, free from stakeholder influence.
• Key academic positions should be filled through a merit-based selection process to mitigate political interference.

Adopting the National Education Policy (NEP) 2020:

• NEP 2020 emphasizes the need to motivate, energize, and build faculty capacity through transparent recruitment, curriculum design freedom, incentives for excellence, and accountability in institutional leadership.

Protecting Academic Freedom:

• It is vital to ensure that faculty members can conduct research and express their views freely, without fear of retaliation or censorship.
• Clear policies and protections should be in place to safeguard academic freedom.

Autonomous Student Unions:

• University student unions should maintain autonomy, with elections conducted by students without interference from political parties or authorities.

Independent Ombudsman Mechanism:

• An independent ombudsman should be established to investigate and resolve complaints regarding political interference, violations of academic freedom, or politically motivated harassment.

Special Provisions and Alternative Voting Methods

Why in news?

Different voter categories have access to special provisions and alternative voting methods to facilitate their participation in elections. One of the key methods is the Postal Ballot, which allows voters who are unable to be physically present at polling stations to vote remotely, in accordance with Section 60 of the Representation of the People Act (RPA). This method of voting has distinct features compared to regular voting.

• Polling occurs outside the traditional polling station.
• Voting is conducted without Electronic Voting Machines (EVMs), except for EDC voters.
• The polling process takes place before the official polling date in the constituency.

Eligibility for Postal Ballots:

• Special voters include individuals in declared offices under Section 20(4) of the RPA, such as the President, Vice President, Governors, and high-ranking officials along with their spouses.
• Service voters consist of members of the armed forces, paramilitary forces, or state police serving outside their home state, as well as government employees stationed abroad and their spouses.
• Voters on election duty include observers, presiding officers, polling officers, police personnel, and public servants assigned to official tasks on polling day. This category also covers private individuals like videographers and control room staff.
• Electors under preventive detention are individuals held under custody orders during the election period.
• Absentee voters, introduced in 2019, include senior citizens aged 85 and above, persons with disabilities (at least 40% disability), those suspected of or affected by Covid-19, and essential service workers.

Electronically Transmitted Postal Ballot System (ETPBS):

• ETPBS is a system that sends encrypted ballots electronically via a secure portal. Voters return completed ballots by post at no cost.
• This system was introduced in 2016 through an amendment to Rule 23, aimed at speeding up the delivery of postal ballots to service voters.
• Voters receive their postal ballots electronically, fill them out along with a declaration form, and mail them to the returning officer of their constituency. The mail must include an attested declaration form signed in the presence of a senior officer.

Facilitation Centres:

• According to Rule 18A, introduced in 2022, voters on election duty must vote at designated Facilitation Centers using postal ballots.
• These centers are located at training venues and designated offices, operating before the election.
• The voting process at these centers is videotaped, and ballots are cast into secure steel trunks. After voting, ballots are placed in labeled cotton bags and stored in a strong room.
• Postal Voting Centres for Absentee Voters in Essential Services (AVES) are established to facilitate voting by these individuals. They can obtain and cast their postal ballots on designated days.

Notification to Contesting Candidates:

• Contesting candidates are informed about the locations and schedules of these facilitation centers and can send observers to monitor the process, including signing the postal ballot register.

Process of Home Voting:

• For absentee voters aged over 85, persons with disabilities, and Covid-19 affected individuals, Booth Level Officers (BLOs) deliver Form 12D and must obtain an acknowledgment.
• If a voter chooses postal voting, the BLO will collect the form within five days of the election notification.
• Teams consisting of poll officers and security personnel notify voters of home voting visits through various means. If a voter is unavailable after two attempts, no further action is taken.
• Candidates, their agents, and media personnel are informed of the schedule and can observe the home voting process, which must be completed the day before the polls.

Voting in a different polling center:

• Election Duty Certificates (EDCs) can be issued to individuals on election duty in their registered constituency, allowing them to vote at the polling station where they are on duty, which may be different from their registered location.
• If they are on duty in another constituency, they are entitled only to a postal ballot.

Proxy Voting:

• Service voters in the armed forces and paramilitary forces can vote either by proxy or postal ballot. Those choosing proxy voting are referred to as Classified Service Voters (CSVs).
• To vote by proxy, service voters must appoint a local resident to vote on their behalf at the designated polling station, where indelible ink is applied to indicate proxy voting.

Assisted Voting:

• Assisted voting is available for electors unable to vote due to disabilities. A presiding officer may allow them to bring a companion over 18 into the voting booth to help record their vote.
• In such cases, indelible ink is applied to the companion's right index finger.

Election Rules for State-Owned Media

Why in news?

Recently, two opposition leaders have accused state-owned media of censoring their speeches during the ongoing Lok Sabha elections. However, a representative from Prasar Bharati clarified that the television and radio networks were merely adhering to the regulations established by the Election Commission of India (ECI) regarding the utilization of state media by recognized political parties during elections.

What are the Rules for Political Parties Using State-Owned Media?

• Since the 1998 Lok Sabha elections, recognized political parties have been permitted to utilize state-owned television and radio channels during elections.
• The ECI is responsible for determining the time allocation for each national and state party prior to the commencement of the election campaign.
• National parties are allocated a minimum of 10 hours on Doordarshan's national channel and 15 hours on regional channels.
• They also receive 10 hours on AIR's national hook-up and 15 hours on regional AIR stations.
• State parties are granted a minimum of 30 hours on regional Doordarshan channels and AIR radio stations.

• Political parties and their speakers are required to submit their speech transcripts 3-4 days in advance for approval by the All India Radio (AIR) and Doordarshan (DD) authorities.

• Criticism of other nations;
• Attacks on religions or communities;
• Obscene or defamatory remarks;
• Incitement to violence;
• Contempt of court;
• Negative comments about the President and judiciary;
• Anything that could compromise national unity and integrity;
• Specific criticism of individuals by name.

Power of ECI to Deregister Political Party

Why in news?

Recently, the Election Commission of India (ECI) highlighted the enforcement of the Model Code of Conduct (MCC), stressing that star campaigners must exemplify good conduct and maintain societal harmony. This has ignited a discussion regarding the ECI's authority to act against MCC infringements, specifically its ability to deregister political parties.

What does the Derecognition of Political Parties Mean?

• Deregognition involves the ECI withdrawing recognition from a political party, which then becomes classified as a registered-unrecognised party.
• Such parties can still contest elections but lose the benefits associated with recognised parties.
• The ECI can derecognise a party for violating the Indian Constitution or the Representation of the People Act, 1951.

Recognised Party:

• A registered political party is termed a Registered Unrecognised Political Party (RUPP).
• Parties gain recognition as either ‘national’ or ‘state’ under The Election Symbols (Reservation and Allotment) Order, 1968.
• To achieve recognition, a party must win a certain number of seats or obtain a specified percentage of votes in general elections.
• Currently, there are six recognised national parties and sixty-one recognised state parties.
• Recognised parties receive benefits such as a reserved symbol during elections and the designation of forty star campaigners.
• Since the 1998 Lok Sabha elections, they are allowed to utilize state-owned media for campaigning.

Grounds for Derecognition of a Political Party as a National Party:

• If a party fails to secure at least 6% of total votes in general elections or has less than 4 MPs from the last Lok Sabha elections.
• If it does not win at least 2% of total seats in the Lok Sabha across three states.
• If it secures less than 8% of valid votes in the state during general elections.
• If the party does not submit its audited accounts to the ECI on time.
• If it fails to conduct its internal organisational elections timely.

Registered Parties:

• Section 29A of the Representation of the People Act, 1951, outlines the requirements for a party to register with the ECI.
• Parties must submit their constitution, affirming allegiance to the Constitution of India and principles of socialism, secularism, and democracy.
• Registered parties benefit from tax exemptions on donations under Section 13A of the Income Tax Act, 1961.
• They can use a common symbol for elections and designate twenty star campaigners.
• There are currently 2,790 active registered political parties in India.

Grounds for Deregistration of a Political Party:

• A party can be deregistered if its registration was obtained through fraudulent means.
• If declared illegal by the Central Government.
• If a party modifies its internal constitution and does not comply with the Indian Constitution.

Power of ECI:

• The Representation of the People Act does not empower the ECI to deregister a party for failing to contest elections, hold internal elections, or submit necessary returns.
• The Supreme Court in Indian National Congress vs the Institute of Social Welfare, 2002, ruled that the ECI lacks the authority to deregister any political party under the Act.

What is the Need of Deregistration of Political Parties?

• Less than one-third of Registered Unrecognised Political Parties participate in elections.
• This raises concerns about potential misuse of tax exemptions and the possibility of money laundering with collected donations.
• Recognised parties often violate the MCC, yet the ECI can only impose temporary bans on leaders, limiting its regulatory powers.
• The MCC forbids exploiting caste and communal sentiments for votes and prohibits voter bribery and intimidation.
• Deregistration mechanisms can enhance electoral integrity and accountability by removing inactive parties, promoting transparency and fairness.
• The existence of numerous registered but inactive parties weakens democracy by undermining genuine electoral engagement.

Way Forward

• The ECI's 2016 memorandum on electoral reforms proposed amendments to empower the ECI to deregister political parties.
• Law Commission's 255th report in 2015 recommended deregistration of parties not contesting elections for ten consecutive years.
• In 2016, efforts began to identify inactive registered but unrecognised parties that had not fielded candidates from 2005 to 2015, aiming to deter the creation of paper parties for tax benefits.
• Regular reviews can help eliminate inactive political parties.
• Former Chief Election Commissioner T.S. Krishnamurthy suggested a National Electoral Fund as an alternative to state funding, promoting contributions from multiple donors and distributing funds to parties based on performance in elections to deter inactivity.
• The 170th Law Commission report recommended introducing Section 78A in the RPA and proposed penalties for parties failing to maintain their accounts.
• To ensure greater transparency, the ECI should be granted auditing powers over political parties' accounts.

SBI's Study on Empowering Women Through SHGs

Why in News?

The State Bank of India (SBI) recently released a research study that explores the changing dynamics of Self-Help Groups (SHGs) in India. This study focuses on how SHGs utilize credit and embrace digital technologies, alongside a new demographic of women known as 'Lakhpati Didis'.

What are the Key Highlights of the Study?

Rise of SHGs and Lakhpati Didis:

• The SHG movement in India comprises around 8.5 million groups with approximately 92.1 million members, driving significant transformation.
• Lakhpati Didis, a government initiative, empowers women in SHGs to achieve an annual income of at least Rs 1,00,000 through sustainable livelihood practices.
• Launched in 2023, the initiative aims to reach 3 crore women by 2024-25, up from an initial target of 2 crore.
• This movement highlights the increasing contribution of women to the Gross Value Added (GVA) and overall economic output.
• Formalization initiatives are leading to greater participation of women in the workforce, as seen in the rising female Labor Force Participation Rate (LFPR).

Bank Linkage and Credit Access:

• The SHG Bank Linkage Programme (SHG-BLP) has proven transformative, with about 97.5% of SHGs now having bank accounts.
• This banking relationship facilitates timely access to credit, essential for enhancing economic contributions.
• SHG portfolios with Scheduled Commercial Banks (SCBs) are approaching Rs 2 trillion.

Credit Utilisation and Repayment:

• In FY24, the average credit limit sanctioned to SHGs was 2.2 times higher than in FY19.
• Repayment rates have also improved significantly, with average repayments increasing by 3.9 times in FY24 compared to FY19.

Digital Inclusion:

• Bank Mitras and Digital Didis are driving financial inclusion on an unprecedented scale.
• Initiatives like SARAS Melas are noteworthy but could be enhanced by integrating SHGs into digital platforms like Open Network for Digital Commerce (ONDC).
• Expenditure through the Aadhar Enabled Payment system has increased by at least three times from FY23 to FY24 across all regions.

Income Growth:

• From FY19 to FY24, the income of female SHG members tripled, with urban members experiencing a 4.6 times increase.
• Approximately 65% of rural SHG members reported an increase in relative income by FY24 compared to FY19.

State-wise Progress:

• Andhra Pradesh and Telangana lead in SHG formation, while states like Tamil Nadu, Uttarakhand, Kerala, Punjab, and Gujarat have also seen significant increases in female SHG incomes.
• By FY27, it is anticipated that millions of Lakhpati Didis will be present in nearly every state across India.

What are the Challenges Faced by SHGs?

Limited Resources:

• SHGs often operate with constrained financial resources, making it challenging to invest in essential infrastructure, marketing, and distribution.

Quality Control and Standardisation:

• Maintaining consistent quality and standardisation of products or services can be difficult for SHGs, especially those with limited resources.

Access to Technology:

• Many SHGs face challenges in accessing modern technologies, such as e-commerce and automated production, which can impede their ability to scale and reach broader markets.

Limited Market Access:

• SHGs frequently struggle to penetrate markets beyond their local communities due to a lack of market information and distribution channels.

Socio-Cultural Barriers:

• Some SHGs encounter socio-cultural obstacles, including gender bias and lack of familial support, which can hinder their growth and acceptance.

What are the Initiatives Related to SHGs?

Deendayal Antyodaya Yojana – National Rural Livelihoods Mission (DAY – NRLM):

• This initiative organizes rural women into SHGs, aiming to enhance incomes and improve living standards.
• It includes sub-schemes like the Start-up Village Entrepreneurship Programme (SVEP) and Mahila Kisan Sashaktikaran Pariyojana (MKSP).
• SVEP supports SHG members in launching village-level enterprises in non-farm sectors, while MKSP empowers about 1.77 crore women farmers across the nation.

Micro Enterprise Development Programme (MEDPs):

• NABARD has been facilitating skill development programs for matured SHGs since 2006.
• These MEDPs focus on on-site training to bridge skill gaps and optimize production activities undertaken by SHG members.

Scheme for Promotion of Women Self-Help Groups (WSHGs) in Backward and Left Wing Extremism (LWE) Districts:

• This scheme aims to create sustainable WSHGs with support from anchor agencies, facilitating credit linkage and providing livelihood support.

Way Forward

• Expand the SHG-BLP to reach remote and underserved communities.
• Streamline the credit application process and develop customized financial products for SHGs.
• Facilitate market linkages between SHGs and larger retail chains or e-commerce platforms.
• Promote branding and marketing of SHG products through participation in trade fairs and online marketplaces.
• Invest in necessary infrastructure like storage facilities and transportation networks to support SHG operations.
• Encourage public-private partnerships to utilize resources and expertise for the holistic advancement of SHGs.