Supreme Court Refuses to Stay Patna High Court's Decision on Reservation Increase
Background
The Supreme Court recently declined to put an interim stay on the Patna High Court's ruling regarding the increase in reservation percentages for Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Extremely Backward Classes (EBCs) in Bihar.
Key Details
- Patna High Court's Ruling: The Patna High Court had set aside the amended reservation laws in Bihar, which aimed to raise the quotas for SCs, STs, and BCs from 50% to 65%. The court deemed these amendments as ultra vires (beyond legal authority) of the Constitution, "bad in law," and a violation of the equality clause.
- Basis for Amendments: The amendments were based on a caste survey indicating that Other Backward Classes (OBCs) and EBCs constituted 63% of Bihar's population, while SCs and STs made up over 21%.
- Impact of Increased Quotas: Following the hike in quotas, the reserved seats in Bihar, including those for the Economically Weaker Sections (EWS), surged to 75% of the total seats.
- Understanding Reservation: Reservation is a form of positive discrimination aimed at promoting equality among marginalized groups and protecting them from social and historical injustices. It provides preferential treatment to these groups in employment and education to rectify past discrimination and support disadvantaged sections of society.
Bihar Floods Recognized as National Priority in Union Budget 2024
The Union Budget for 2024 has allocated Rs 11,500 crore to address the flooding issues caused by the Kosi River in Bihar. This river is notorious for its unpredictable nature and frequent changes in course.
- The Kosi River, often called the "sorrow of Bihar," originates in Nepal and causes significant destruction across northern Bihar. This marks the first time Bihar's flood problems have been recognized as a national priority in the budget.
- Despite not receiving special category status, Bihar benefited from various projects, including expressways, a bridge over the Ganga River, a power plant, airports, and medical colleges. The budget also proposed an industrial node in Gaya, sports infrastructure, and support for accessing funds from international institutions. Development plans for the Vishnupad and Mahabodhi temple corridors in Gaya, as well as Rajgir and Nalanda, were also emphasized.
Overview of the Kosi River System
- The Kosi River is a transboundary river flowing through Tibet, Nepal, and India.
- It originates in Tibet, where the world’s highest upland is located, and then drains a significant part of Nepal before entering the Gangetic plains of India.
- The river's three major tributaries—the Sun Kosi, Arun, and Tamur—converge just upstream of a gorge cut through the Himalayan foothills.
- After crossing into northern Bihar, the Kosi branches into distributaries and eventually joins the Ganges River near Kursela in Katihar district.
- The Kosi River carries the second-highest amount of silt and sand in India, after the Brahmaputra River.
- Due to its annual flooding, which affects about 21,000 square kilometers of fertile agricultural land, the Kosi is known as the “Sorrow of Bihar.” These floods disrupt the rural economy significantly.
Bihar's New Law to Prevent Exam Paper Leaks
Bihar Public Examinations (Prevention of Unfair Means) Bill, 2024
- The Bihar Assembly has recently passed the Bihar Public Examinations (Prevention of Unfair Means) Bill, 2024, aimed at preventing question paper leaks and other malpractices in government recruitment examinations within the state.
- Under this law, all crimes related to unfair means, such as paper leaks, fake websites, and collusion with service providers, will be cognizable and non-bailable.
- The Bill outlines various offences related to unfair means and prescribes imprisonment terms ranging from three to five years, along with a fine of Rs. 10 lakh.
- Service providers found engaging in malpractices will face severe penalties, including a fine of Rs. 1 crore and a four-year ban on their services.
Comparison with Central Government's Public Examinations (Prevention of Unfair Means) Bill, 2024
- The central government had earlier passed a similar Bill aimed at addressing malpractices in government recruitment examinations, which came into effect on 21st June 2024.
- Key features of the central Bill include strict penalties such as a minimum jail term of 3-5 years and fines up to Rs. 1 crore for service providers engaged in exam conduct.
- The central Bill empowers police officers of a certain rank to investigate offences and covers a wide range of central government recruitment exams conducted by various agencies like UPSC, SSC, RRBs, IBPS, and NTA.
Budget 2024: ₹26,000 Crore for Bihar Highways
In the Union Budget for 2024, Finance Minister Nirmala Sitharaman announced a significant investment of ₹26,000 crore for highway development in Bihar.
Highway Development in Bihar
- The government aims to enhance road infrastructure in Bihar with this substantial allocation.
- Key projects included in the plan are:
- Patna-Purnea Expressway
- Buxar-Bhagalpur Expressway
- Spurs connecting Bodhgaya, Rajgir, Vaishali, and Darbhanga
- Additional 2-lane bridge over the Ganga River at Buxar
Power Projects
- The budget also encompasses the establishment of a new 2400 MW power plant at Pirpainti, Bihar, with an investment of ₹21,400 crore.
Impact on Companies
- Experts anticipate that this investment will benefit highway construction companies and stimulate cement demand, positively impacting cement-producing industries.
Budget and Constitutional Provisions
- Article 112 of the Indian Constitution refers to the Union Budget of a year as the Annual Financial Statement (AFS).
- The AFS outlines the estimated receipts and expenditure of the Government for a financial year, which runs from April 1 to March 31.
- The Budget includes:
- Estimates of revenue and capital receipts.
- Methods for raising revenue.
- Estimates of expenditure.
- Details of actual receipts and expenditure from the previous financial year, along with reasons for any deficit or surplus.
- The economic and financial policy for the upcoming year, covering taxation proposals, revenue prospects, spending programs, and new schemes/projects.
Bihar's Request for 'Special Category' Status Denied
- The Centre recently declined Bihar's request for 'special category' status during an all-party meeting.
- Currently, the Indian Constitution does not allow for the awarding of 'special category' status to new states.
- Bihar is seeking both special state status and a unique financial package.
- The call for special status has been ongoing since the bifurcation of Bihar and Jharkhand.
Background of Special Category Status
- The concept of special category status was introduced by the DR Gadgil Committee in 1969 during a National Development Council (NDC) meeting.
- Gadgil Formula: The formula aimed to prioritize the needs of special category states like Assam, Jammu & Kashmir, and Nagaland in the allocation of Central assistance.
- The 5th Finance Commission acknowledged the historical challenges faced by certain regions and introduced special category status.
- This status granted specific disadvantaged states benefits such as central assistance and tax relief.
- The NDC allocated Central Plan Assistance to states with special category status based on these recommendations.
- Transition: Until 2014-2015, special category states enjoyed various benefits and incentives.
- With the dissolution of the Planning Commission and the establishment of NITI Aayog in 2015, grants based on the Gadgil Formula ceased.
- The share of the divisible pool allocated to all states increased from 32% to 42%.
MSP for Makhana
Minimum Support Price (MSP) for Makhana
- The Bihar government has requested the Centre to establish a Minimum Support Price (MSP) for Makhana, an aquatic crop grown in 10 districts of the state.
- Bihar produces around 85% of India’s Makhana, with about 10 lakh people involved in its cultivation and production.
- The Indian Council of Agricultural Research (ICAR) National Research Centre (NRC) for Makhana in Darbhanga is facing staff shortages, which has raised concerns.
- The ICAR-NRC for Makhana was approved during the Ninth Five Year Plan (1997–2002) for the conservation, research, and development of the Makhana crop.
- Initially operational in 2002, the NRC was merged with the ICAR-Research Complex for Eastern Region (RCER) in 2005, losing its national status.
- In May 2023, the Central government upgraded the Research Centre for Makhana in Darbhanga, expanding its mandate to include other aquatic crops.
- Makhana, also known as Mithila Makhana or Euryale ferox Salisb., is a cultural identity of the Mithila region in Bihar and Nepal.
- It is rich in protein, fiber, and micronutrients like calcium, magnesium, iron, and phosphorus.
Geographical Indication (GI) Tag
- Makhana received its GI tag in 2022.
Encroachment at Karbatal Wetland
National Green Tribunal (NGT)
- The Eastern Zone Circuit Bench of the NGT has formed a four-member committee to investigate allegations of encroachment at the Karbatal wetland in Begusarai district, Bihar.
- The allegations were brought to the NGT's attention by an environmental activist.
- The Karbatal wetlands, consisting of a cluster of 16-17 water bodies, was designated as a bird sanctuary by the Government of Bihar in 1989 and later recognized as a Ramsar site in 2020, becoming Asia’s largest freshwater oxbow lake.
- The wetland has faced encroachment over time, with concerns raised about the diminishing area and its impact on bird habitats.
- According to a 2019 report, a significant portion of the site was marshland, with open water and other land types making up the remainder.
- Oxbow lakes, like Karbatal, are crescent-shaped lakes formed alongside winding rivers due to erosion and sediment deposition.
- The Ramsar Convention on Wetlands, adopted in 1971 in Ramsar, Iran, aims for the conservation and wise use of wetlands globally, with India being a signatory since 1982.
Montreux Record
- The Montreux Record is a list of wetland sites that are part of the List of Wetlands of International Importance.
- These sites are monitored because their ecological character has changed, is changing, or is expected to change due to human activities like technological developments and pollution.
Bihar Floods
Bagmati River Flood
- In the Muzaffarpur district of Bihar, the rapid rise in water levels of the Bagmati River has caused flooding, affecting thousands of houses across 18 panchayats.
- The flooding has disrupted communication for lakhs of people, cutting off contact with block and district headquarters for assistance.
- Educational facilities have also been impacted, with several schools inundated, disrupting the education of hundreds of children.
- The Bagmati River is a transboundary river that flows between Nepal and India.
- It originates in Kathmandu, Nepal, and flows into India, where it merges with the Koshi River near Bornesthan, Bihar.
- The total length of the Bagmati River is approximately 3 km.
- The river holds significant spiritual value for Hindus, who consider it sacred.
- One of the notable Hindu pilgrimage sites along the river is the Pashupatinath Temple, dedicated to Lord Shiva.
- The Bagmati River is fed by several tributaries, including the Bishnumati River, Dhobikhola River, and Manohara River.
World’s Largest Ramayan Temple in Bihar
Viraat Ramayan Mandir
- The second phase of construction for the Viraat Ramayan Mandir has recently commenced in the East Champaran district of Bihar.
- This temple, covering an area of 3.76 lakh sq. ft., is expected to be completed by 2025.
- Once finished, it will be three times larger than the Ram Mandir in Ayodhya.
- The temple will feature a 33-foot-tall Shivling in the sanctum sanctorum and 22 other sanctum sanctorums for different deities.
- The second phase aims to complete the construction up to the plinth level, reaching a height of about 26 feet from the ground.
- The third phase will involve adding the shikhars (spires) and finalizing the temple's construction.
- There will be a total of 12 shikhars, with the main shikhar standing 270 feet tall.
- The temple's design is inspired by Angkor Wat in Cambodia, the Ramanathaswamy temple in Rameswaram, and the Meenakshi Sundareswarar temple in Madurai.
Meenakshi Sundareswarar Temple
- Location: Southern bank of the Vaigai River, Madurai, Tamil Nadu.
- Deity: Goddess Meenakshi (a form of Shakti/Parvati) and her consort Shiva as Sundareswarar.
- Historical Background: Built by Pandyan Emperor Sadayavarman Kulasekaran I between 1190 CE and 1205 CE.
Ramanathaswamy Temple
- Location: Rameswaram Island, Tamil Nadu.
- Deity: God Shiva.
- Significance: One of the twelve Jyotirlinga temples.
- Historical Background: Initially built by King Muthuramalinga Sethupathiy. Expanded in the 12th century by the Pandya Dynasty. Principal shrine’s sanctum renovated by Jeyaveera Cinkaiariyan and his successor Gunaveera Cinkaiariyan of the Jaffna kingdom.
Bihar’s First Transgender Sub-Inspectors
Recently, three individuals from the transgender community passed the Bihar Police Subordinate Services Commission (BPSSC) exam, qualifying to become police sub-inspectors. This achievement follows a Patna High Court ruling in 2021 that directed the Bihar government to include transgender individuals in police recruitments.
Transgender Population in Bihar
- The 2022 caste survey in Bihar reported a transgender population of 825, accounting for 0.0006% of the state’s population.
- This figure is significantly lower than the 2011 Census, which recorded 40,827 transgender individuals in Bihar.
Definition of Transgender
- The Transgender Persons (Protection of Rights) Bill 2019 defines a transgender person as someone whose gender identity does not align with the gender assigned at birth.
- This includes individuals with intersex variations, gender-queer identities, and socio-cultural identities such as kinnar, hijra, aaravani, and jogta.
Census and Transgender Population
- India’s 2011 Census was the first to include an estimate of the transgender population, identifying 4.8 million transgender individuals in the country.
- The Census in India dates back to 1881 during the colonial period and has evolved to capture population data, assess resources, and map social changes.
Socio-Economic and Caste Census (SECC)
- SECC was first conducted in 1931 to gather data on economic status and caste names of Indian families.
- The aim was to help authorities define poverty and deprivation indicators and reassess the economic status of different caste groups.
Bridge Collapse in Bihar Over Gandaki River
- Gandaki River: The Gandaki River, also known as the Gandak and Narayani River in Nepal, is a major river flowing through northern India and Nepal. It originates in the Himalayas, at an altitude of 7,620 meters, north of Dhaulagiri in Tibet, near the Nepal border. The river stretches 630 kilometers, with 445 kilometers in India and 185 kilometers in Nepal. It has a drainage basin of 29,705 square kilometers.
- The river flows through Bihar and Uttar Pradesh before joining the Ganges near Patna, with major tributaries including Mayangadi, Bari, Trisuli, Panchand, Sarhad, and Budhi Gandak. Valmiki National Park and Tiger Reserve in Bihar is situated along the banks of the Gandak River.
Bridge Collapse Incident
- A 15-year-old bridge collapsed over the Gandaki River in Bihar's Saran district. This incident marks the third bridge collapse in the district within 24 hours.
- Reports indicate that at least 12 bridges have collapsed across Bihar in the past 17 days, although no casualties have been reported so far.
Mahananda River: The Mahananda River is a tributary of the Ganges, originating in the Himalayas in Darjeeling, West Bengal. It flows through Bihar and West Bengal before joining the Ganges at Godagari in Bangladesh.
Workers Trapped in Floodwaters in Bihar
- Around 150 workers are trapped in floodwaters in Bagaha, Bihar, due to heavy rainfall.
- The State Disaster Response Force (SDRF) has rescued about 40 of the stranded workers, including elderly individuals, women, and children.
- Major rivers in Bihar, including the Mahananda, Bagmati, Gandak, Kamla Balan, and Kamla, are above the danger mark, contributing to the flooding situation.
Bihar Government Appeals to Supreme Court Regarding Reservation Quota
Recently, the Bihar government has taken its appeal to the Supreme Court, challenging the decision made by the Patna High Court to invalidate the state's new reservation law.
- The Bihar government had increased the reservation quota from 50% to 65% for Backward Classes (BC), Extremely Backward Classes (EBC), Scheduled Castes (SC), and Scheduled Tribes (ST) in educational institutions and government jobs. This decision was based on a survey conducted by the state government.
- However, the Patna High Court deemed this increase unlawful, prompting the Bihar government to seek intervention from the Supreme Court.
Bihar Introduces Mango Development Scheme
- The Bihar government has recently launched a Mango Development Scheme aimed at enhancing mango cultivation in the state. This initiative includes a 50% subsidy for farmers to expand mango cultivation areas, with a unit cost of Rs 60,000 per hectare.
- Bihar ranks third in the country for mango production, contributing 15.84 lakh Metric Tons (MT) of mangoes. The state is known for its unique mango varieties, such as Dudhia Malda, Zardalu, and Amrapali. To support small and marginal farmers, the government is also extending 80% support for Drip, Mini, and Micro sprinkler irrigation systems, along with 80% support for community borewells.
Marketing and Export Initiatives
- The Agricultural and Processed Food Products Export Development Authority (APEDA) is actively supporting Bihar in exporting fresh mangoes to international markets, including the UK, Middle East, and New Zealand.
- In 2020, APEDA signed a Memorandum of Understanding (MoU) with the Small Farmers Agribusiness Consortium (SFAC) to enhance synergy in agricultural activities and improve export potential.
Zardalu Mango and Geographical Indication
- The Zardalu mango, a specialty of Bhagalpur, is recognized for its light yellow skin and unique aroma.
- It was granted Geographical Indication (GI) status in 2018, highlighting its distinctiveness and quality.