The Hindu Editorial Analysis- 11th December 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Sambhal and the perils of judicial evasion

Why in News?

The handling of the Sambhal Masjid case by the Supreme Court raises worries about judicial inactivism and a hesitation to enforce the Places of Worship Act, which was established in 1991. This Act aims to support secularism and promote religious harmony, but it has faced many challenges and delays.

• The situation of this case highlights the importance of taking strong judicial action to uphold constitutional values.

Judicial Inactivism and the Duty to Decide

• Scholar Chad M. Oldfather introduced the idea of "judicial inactivism", which suggests that not taking action in the courts can lead to important results, similar to those from taking action.
• He pointed out that when judges fail to fulfill their duties, it is often more difficult to notice than when they exceed their authority, making inaction a more troubling problem.

Judicial Deferment in the Sambhal Masjid Case

• The Supreme Court dealt with the Sambhal masjid case in Uttar Pradesh by choosing not to give a clear decision.
• The Court instructed the civil court to halt any actions related to a mosque survey and referred the case to the Allahabad High Court.
• This order was meant to offer temporary relief during a time of increased tension, which had sadly led to loss of lives.
• The Court called on all involved parties to keep peace and harmony, which was appreciated by some minority groups.

Concerns Over Judicial Evasion

• Judicial evasion has wider effects, as seen in India's legal history, especially with the current situation surrounding the Places of Worship (Special Provisions) Act, 1991.
• The Act was created to preserve the religious identity of places of worship as they were on August 15, 1947.
• This law has encountered various challenges and delays in legal decisions.
• Even though the Act supports important values like fraternity and secularism, it has been violated by courts, including the Supreme Court.
• The Act is still under judicial review, which means its application and enforcement are being reconsidered.

Key Provisions of the Places of Worship Act, 1991

• Section 3: It is not allowed to change the religion of places of worship to another religion.
• Section 4 (1): The religious identity of a place of worship as it was on August 15, 1947, must stay the same.
• Section 4 (2): No legal actions can be taken regarding the religious identity of places of worship after the law was put into effect.
• Section 6: There are penalties for breaking these rules, which can include up to three years in prison and fines.

Historical Context and Parliamentary Intent

• The Act was created to address community efforts that use past grievances for political advantages.
• The court's hesitance to confirm the Act's legitimacy leads to ongoing confusion in legal cases, which weakens its purpose.

Earlier Instances of Judicial Deferment

• Shaheen Bagh Protests (2020): The court created a committee to help resolve the situation without looking into whether the Citizenship (Amendment) Act was legal or not.
• Farm Laws Protests (2021): Rather than ruling on the legality of the farm laws, the court set up a committee to facilitate discussions between the farmers and the government.
• Both situations show that the court is avoiding its main responsibility to make legal decisions.

The Sambhal Masjid Case and the Ayodhya Judgment

• The Court's delay in the Sambhal case shows its inability to support the 1991 Act, even though it acknowledged the Act's important role in the Ayodhya judgment of 2019.
• In the Gyanvapi Mosque Committee case of 2023, the Court went against its previous position by permitting a survey of the mosque, which further weakens the Act.

Judicial Will and Future Prospects

• The Sambhal case gave the Court a chance to confirm the validity of the 1991 Act and provide a clear answer on this matter.
• The special Bench that is reviewing the validity of the Act presents another opportunity for the judiciary to correct previous mistakes and support constitutional values.

PYQ:

Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (200 words/12.5m) (UPSC CSE (M) GS-2 2014)

Deepening India’s steps as a key space-faring nation

Why in News?

India aims to strengthen its space program through reusable rockets like ISRO’s Next Generation Launch Vehicle (NGLV), enhancing payload capacity and reducing costs.

• The NGLV helps support missions such as Gaganyaan and plans for a future space station, which are crucial for maintaining strategic independence in space.
• It is important to use innovation from the private sector to reach these ambitious goals effectively.

India’s Ambitious Space Goals

• India has set high goals for its space program over the next 20 years.
• The country aims to achieve strategic independence in space.
• Important projects include:
  • The Gaganyaan mission for sending humans to space.
  • The creation of the Next Generation Launch Vehicle (NGLV).
  • Plans to build a space station.
• The private sector plays a key role in developing reusable rockets.
• These rockets are essential for achieving the country's space objectives.

ISRO’s Road Map

• India has evolved from a basic space program in the 1960s to become a prominent nation in space exploration.
• Gaganyaan Mission:
  • Aims to launch an Indian crew into space, showcasing the ability for human spaceflight.
• Future Goals:
  • Create a long-term presence in space by building an Indian space station.
  • Expand human spaceflight efforts to include missions to the Moon.
  • To achieve these goals, it is necessary to:
    • Conduct advanced missions to the Moon without crew.
    • Develop technologies that focus on human needs.
    • Create new and more powerful rockets.

The Next Generation Launch Vehicle (NGLV)

• Features of NGLV:
  • Heavy-lift capability that can carry three times the weight of the current LVM3 (GSLV Mk III).
  • Reusable components that help save money.
• Advantages:
  • Allows for larger payloads, meaning there’s less need to make things smaller or lighter.
  • Makes it easier to conduct frequent and affordable space missions.
• Reusability:
  • Reduces costs because rockets can return to Earth and be used again.
  • Helps to balance lower payload capacity with financial savings.
• Development Timeline:
  • The NGLV is expected to be finished in the next eight years.

Immediate Needs for Heavy-Lift Rockets

• Current missions show the weaknesses of current rockets like the LVM3.
• Uncrewed Moon Mission (Gaganyaan):
  • This mission needs two LVM3 rockets to put together parts in space before going to the moon.
• GSAT-N2 Launch:
  • The mission used SpaceX's Falcon 9 because it can carry more weight, with a capacity of 4,700 kg compared to LVM3's4,000 kg to Geostationary Transfer Orbit (GTO).
• Comparison with SpaceX:
  • SpaceX's reusable rockets, Falcon 9 and Starship, can carry much more weight than India's current rockets.

Private Sector Involvement

• Leveraging the private sector can help improve and diversify India’s heavy-lift rocket capabilities.
• Potential Strategies:
  • Award contracts to private companies for the development of reusable rockets, using a milestone-based funding approach.
  • Encourage collaborations with foreign partners to address gaps in technical expertise.
• Benefits:
  • Creates redundancy and boosts the frequency of launches.
  • Fosters innovation, supports infrastructure development, and enhances technical capabilities, even in the event of delays.

Building a Robust Space Ecosystem

• India needs to build a strong industrial base to have reliable and strategic access to space.
• A dependable supply of space transportation services is essential for developing satellites, exploring the Moon, and conducting interplanetary missions.
• Boosting collaboration between the public and private sectors will help India become a leader in the global space economy.

PYQ: 

What is the main task of India’s third moon mission which could not be achieved in its earlier mission? List the countries that have achieved this task. Introduce the subsystems in the spacecraft launched and explain the role of the Virtual Launch Control Centre’ at the Vikram Sarabhai Space Centre which contributed to the successful launch from Sriharikota.  (250 words/15m) (UPSC CSE (M) GS-3 2023).