SUB QUOTAS OF SCHEDULED CASTE (SC)
- The Andhra Pradesh Scheduled Castes (Rationalisation of Reservation) Ordinance, 1999, and the subsequent Act created four groups—A, B, C, and D—within the Scheduled Castes, each allocated different reservation percentages.
- This sub-classification aimed to address the varying levels of advancement among the communities listed as Scheduled Castes and to ensure representation for the less advanced castes. The Andhra Pradesh High Court upheld the Act against legal challenges.
- However, the Supreme Court's Constitution Bench of five judges declared this sub-classification unconstitutional. In the November 2004 judgment in E.V. Chinnaiah vs State of Andhra Pradesh, the Court emphasized that under Article 341 of the Constitution, the President is responsible for notifying the Scheduled Castes list, which can only be altered by an act of Parliament, not by further notifications.
- The Bench ruled that once listed under Article 341, Scheduled Castes form a single homogeneous class, and state legislatures lack the authority to further classify them into separate groups
- Six of the seven judges have now determined that the 2004 ruling was incorrect. Chief Justice D.Y. Chandrachud, along with Justice Manoj Mishra, concluded that SC communities should not be considered a homogeneous class as previously judged.
- He contested the notion that listing SCs creates a presumption of uniform status among them. While SCs share a common constitutional identity due to their shared experiences of untouchability and discrimination, this does not negate the diversity within these communities.
- Citing both historical and empirical evidence, Chief Justice Chandrachud demonstrated that significant differences exist among SC communities, with instances where some SC groups have faced discrimination from others within the same category.
- Thus, sub-classification is permissible if it is based on a clear and rational distinction with a valid purpose. This sub-classification is subject to judicial review, and the State must justify it with empirical data.
- Chief Justice Chandrachud also clarified that sub-classification does not alter the Presidential list of SCs and does not breach Article 341, which gives the President exclusive authority to notify Scheduled Castes.
- Article 341 serves to define who falls under the SC category, but states have the autonomy to recognize varying degrees of backwardness and provide special provisions or extend reservation benefits accordingly.
- The new ruling is anticipated to encourage states to allocate sub-quotas for the most marginalized Dalit sections who have not benefited from reservations to date.
- In her dissent, Justice Bela Trivedi upheld the Chinnaiah doctrine, arguing that sub-classification of a homogeneous class is impermissible and constitutes an alteration of the President’s list under Article 341
- The creamy layer concept is currently applicable only to Other Backward Classes (OBCs) and has not been extended to Dalit communities. Justice B. R. Gavai, who concurs with the Chief Justice in a separate opinion, elaborated on the need to identify more advanced members within the Scheduled Castes and exclude them from affirmative action benefits.
- Justice Gavai argued that treating all members of a community equally may not be just, especially when considering differences in social and economic status.
- He questioned whether the children of IAS or IPS officers should be given the same benefits as children from remote villages within the same community, given their differing access to resources and opportunities.
- He emphasized that combining such disparate groups under the same category would undermine the principle of equality. However, he also noted that the criteria for excluding the creamy layer among SCs should differ from those used for OBCs. Three other judges supported his perspective. Despite this, their opinions do not mandate the government to apply the creamy layer concept to SCs, as this issue was not directly addressed in the case at hand
For Prelims: Current events of national and international importance
For Mains: GS-II: Government policies and intervention
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Previous Year Questions
Prelims 1.Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India: (UPSC CSE 2019) 1. PVTGs reside in 18 states and one Union Territory. 2. A stagnant or declining population is one of the criteria for determining PVTG status. 3. There are 95 PVTGs officially notified in the country so far. 4. Irular and Konda Reddi tribes are included in the list of PVTGs. Which of the statements given above are correct? (a) 1, 2 and 3 (b) 2, 3 and 4 (c) 1, 2 and 4 (d) 1, 3 and 4 Answer (c)
Given this analysis, the correct statements are 1, 2, and 4 Mains 1.What are the two major legal initiatives by the state since independence addressing discrimination against Scheduled Tribes (STs)? (UPSC CSE 2017) |
RIGHT TO PRIVACY
Justice KS Puttaswamy, former Karnataka High Court judge and the lead petitioner in the seminal ‘right to privacy case’, passed away on October 28th, at the age of 98.
Justice Puttaswamy famously challenged the constitutional validity of the Aadhaar scheme, which led to the Supreme Court recognising the right to privacy under the fundamental right to life under Article 21 of the Constitution.
The right to privacy is a fundamental human right and legal concept that protects individuals from unwarranted intrusion into their personal lives, affairs, or information. It encompasses several key aspects:
- Personal information: Protection of an individual's personal data and control over how it's collected, used, and shared.
- Physical privacy: The right to have personal space free from intrusion, such as in one's home or private property.
- Communication privacy: Protection of personal communications, including phone calls, emails, and other forms of correspondence.
- Bodily privacy: The right to make decisions about one's own body and medical treatments without interference.
- Territorial privacy: Freedom from surveillance in public and private spaces.
- Information privacy: Control over the collection, use, and dissemination of personal information.
The right to privacy is recognized in various international human rights documents, such as the Universal Declaration of Human Rights, and is enshrined in many national constitutions and laws. However, the extent and interpretation of privacy rights can vary between jurisdictions
3. What are the constitutional provisions related to the Right to Privacy?
The Right to Privacy, while not explicitly mentioned in many constitutions, is often derived from broader fundamental rights and principles. In India, the Right to Privacy has been recognized through judicial interpretation and is now considered a fundamental right.
Article | Provision | Explanation |
Article 21 | Right to Life and Personal Liberty | States that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." The Supreme Court in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017) held that the Right to Privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21 |
Article 19(1)(a) | Freedom of Speech and Expression | Guarantees the freedom of speech and expression. Privacy is linked to this right as it is essential for the effective exercise of this freedom. |
Article 19(1)(d) | Freedom of Movement | Guarantees the right to move freely throughout the territory of India. Privacy is essential for the exercise of this right, ensuring individuals can move without unwarranted intrusion. |
Article 14 | Right to Equality | Guarantees equality before the law and equal protection of the laws. The Right to Privacy is seen as necessary to protect the dignity and autonomy of individuals, which are essential aspects of equality. |
Case | Year | Contribution |
Kharak Singh vs. State of Uttar Pradesh | 1963 | The Supreme Court first recognized the concept of privacy, though it did not explicitly declare it a fundamental right |
Gobind vs. State of Madhya Pradesh | 1975 | The Court acknowledged that the right to privacy is a part of personal liberty under Article 21, though it was not given definitive recognition |
Justice K.S. Puttaswamy (Retd.) vs. Union of India | 2017 | The Supreme Court unanimously declared that the Right to Privacy is a fundamental right, protected under Articles 14, 19, and 21 of the Constitution. This judgment overruled previous contradictory rulings and firmly established privacy as a fundamental right |
For Prelims: Indian Polity and Governance
For Mains: GS-II: Polity, Constitution
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Previous Year Questions
1.‘Right to Privacy’ is protected under which Article of the Constitution of India? (UPSC CSE 2021) (a) Article 15 (b) Article 19 (c) Article 21 (d) Article 29 Answer (c) The Right to Privacy in India is protected under Article 21 of the Constitution of India. This was explicitly established by the landmark judgment of the Supreme Court of India in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India in 2017 Mains 1.Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on the Right to Privacy. (UPSC CSE 2017) |
CLIMATE FINANCE
1. Context
2. What is Climate finance?
- Climate finance entails substantial financial investments directed toward initiatives aimed at either mitigating or adapting to the impacts of climate change.
- In the context of adaptation, it involves proactively addressing the anticipated adverse effects of climate change and implementing measures to prevent or minimize potential damage.
- For instance, constructing infrastructure to safeguard coastal communities against rising sea levels is a tangible example of adaptation measures.
- Conversely, in the realm of mitigation, the focus is on curbing the emission of greenhouse gases (GHGs) into the atmosphere, thereby lessening the severity of climate change impacts.
- Mitigation efforts encompass strategies such as increasing the utilization of renewable energy sources, expanding forest cover, and other measures designed to reduce overall GHG emissions.
3. Why do Developing Nations Demand Climate Finance?
Developing nations demand climate finance for several reasons:
- Developed nations have historically emitted far more greenhouse gases than developing nations. Since the Industrial Revolution, the Global North has emitted a disproportionate share of the greenhouse gases that are now causing climate change. While developing nations are now rapidly increasing their emissions, the historical responsibility for the problem lies primarily with developed countries.
- Developing countries are disproportionately vulnerable to the negative impacts of climate change, such as extreme weather events, rising sea levels, and changes in agricultural productivity. They often lack the resources to adapt to these changes and build resilience.
- Developing countries have limited financial resources to invest in clean energy technologies and other climate solutions. They need financial assistance from developed countries to bridge the gap and make these investments.
- The principle of Common But Differentiated Responsibilities (CBDR) is enshrined in the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. This principle recognizes that all countries have a responsibility to address climate change, but that developed countries have a greater responsibility due to their historical emissions and greater financial capacity.
- Many argue that developed countries have a moral obligation to help developing countries address climate change, as they are the ones who are most vulnerable to its impacts and have the least responsibility for causing the problem.
International Agreements
The demand for climate finance is backed by international agreements, including:
- The 1992 United Nations Framework Convention on Climate Change (UNFCCC) agreement established the principle of CBDR and required developed countries to provide financial assistance to developing countries.
- 2009 Copenhagen Accord Developed countries committed to providing $100 billion per year by 2020 to developing countries.
- The 2015 Paris Agreement reaffirmed the commitment to provide $100 billion per year by 2020 and extended it to 2025.
4. How much climate finance is needed?
- As of 2021, the UNFCCC standing committee's analysis suggests that developing countries require a minimum of $5.8 trillion by 2030 to fulfil the objectives outlined in their Nationally Determined Contributions (NDCs).
- These contributions serve as a framework for their initiatives to both reduce national emissions and adapt to the impacts of climate change.
- This translates to an annual need of around $600 billion, a figure significantly below the commitments made by developed nations.
- Complicating matters further, a report from the London School of Economics notes that the lack of available data, tools, and capacity in several countries may result in underestimations of these financial needs.
- Additionally, the UNFCCC estimate does not encompass the substantial expenses incurred by governments to address the impacts of extreme weather events like floods, droughts, and wildfires attributed to climate change.
- These costs are now being considered separately under the funding mechanism for loss and damage, announced by countries at COP27 in 2022 and officially launched during COP28. However, the scale and replenishment cycle of this mechanism remains unclear.
- In a report from 2022, Nicholas Stern, a prominent climate economist, estimated that an annual investment of approximately $2 trillion will be necessary by 2030 to assist developing countries in reducing their greenhouse gas emissions and coping with the consequences of climate breakdown.
5. How Much Climate Finance Reaches Developing Nations?
Different organizations provide contrasting figures on the amount of climate finance reaching developing countries.
- The Organisation for Economic Cooperation and Development (OECD), largely composed of wealthy nations, reported $83.3 billion provided in 2020.
- Oxfam challenges the data, accusing developed countries of inflating their contributions by as much as 225%. Their estimate places the real value of climate finance provided in 2020 at $21-24.5 billion.
- Developed countries are criticized for offering much of the funding as non-concessional loans, adding to debt burdens in developing nations.
- A study by CARE International revealed that 52% of climate finance between 2011-2020 was diverted from existing development budgets, including critical areas like health, education, and women's rights.
Concerns and implications
- The discrepancy in reported figures raises questions about transparency and accountability in climate finance.
- The prevalence of non-concessional loans increases debt burdens and limits the effectiveness of climate finance in developing countries.
- Diverting funds from essential development priorities can exacerbate existing challenges in developing nations.
6. The Way Forward
The question of how much climate finance reaches developing countries remains contested. Deeper scrutiny and transparency are needed to ensure effective resource allocation and support meaningful climate action in vulnerable nations while safeguarding their development priorities.
For Prelims: COP28, Organisation for Economic Cooperation and Development, Climate Finance, Climate Change, United Nations Framework Convention on Climate Change, Nationally Determined Contributions, COP27, Copenhagen Accord, Paris Agreement
For Mains:
1. Discuss the impact of climate change on developing economies. How can climate finance be effectively utilized to promote sustainable development in these economies? (250 Words)
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Previous Year Questions
1. With reference to the Agreement at the UNFCCC Meeting in Paris in 2015, which of the following statements is/are correct? (UPSC 2016)
1. The Agreement was signed by all the member countries of the UN and it will go into effect in 2017.
2. The Agreement aims to limit greenhouse gas emissions so that the rise in average global temperature by the end of this century does not exceed 2°C or even 1.5°C above pre-industrial levels.
3. Developed countries acknowledged their historical responsibility for global warming and committed to donate $1000 billion a year from 2020 to help developing countries cope with climate change.
Select the correct answer using the code given below
A. 1 and 3 only
B. 2 only C. 2 and 3 only D. 1, 2 and 3 Answer: B
2. The term ‘Intended Nationally Determined Contributions’ is sometimes seen in the news in the context of ( UPSC 2016)
A. pledges made by the European countries to rehabilitate refugees from the war-affected Middle East
B. plan of action outlined by the countries of the world to combat climate change
C. capital contributed by the member countries in the establishment of the Asian Infrastructure Investment Bank
D. plan of action outlined by the countries of the world regarding Sustainable Development Goals
Answer: B 3. The UN Framework Convention on Climate Change (UNFCCC) has announced which country to host the 28th Conference of the Parties (COP28) in 2023? (SSC CGL 2023) A. UAE B. US C. UK D. Russia Answer: A
4. Consider the following statements with reference to Organisation for Economic Co-operation and Development (OECD): (RBI Grade B 2022)
1. OECD is an official Permanent observer to the United Nations and is referred to as a think-tank or as a monitoring group.
2. India is not a member of OECD.
3. OECD is funded by its member countries.
Which of the statement given above is/ are correct?
A. 1 only B. 1 and 2 only C. 2 and 3 only D. 1, 2 and 3 E. 2 only Answer: D 5. Which of the following statements regarding 'Green Climate Fund' is/are correct? (UPSC 2015)
1. It is intended to assist the developing countries in adaptation and mitigation practices to counter climate change.
2. It is founded under the aegis of UNEP, OECS, Asian Development Bank and World Bank.
Select the correct answer using the code given below.
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 Answer: A 6. The 27th annual UN meeting on climate, COP27 (Conference of Parties) took place from 6th to 18th November, in which of the following country? (SSC GD Constable 2023) A. France B. Brazil C. Indonesia D. Egypt Answer: D 7. According to the Copenhagen Accord, what percentage of India has promised to reduce carbon emissions by the year 2020 as compared to 2005? (UP Police SI 2017) A. 20-25 percent B. 10-15 percent C. 30-35 percent D. 5-10 percent Answers: 1-B, 2-B, 3-A, 4-D, 5-A, 6-D, 7-A Mains 1. Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (upsc 2021) |
RENEWABLE ENERGY
1. Context
2. Why use Renewable energy
- Today we primarily use fossil fuels to heat and power our homes and fuel our cars.
- It’s convenient to use coal, oil, and natural gas for meeting our energy needs, but we have a limited supply of these fuels on Earth.
- We’re using them much more rapidly than they are being created. Eventually, they will run out.
- And because of safety concerns and waste disposal problems, the United States will retire much of its nuclear capacity by 2020.
- In the meantime, the nation’s energy needs are expected to grow by 33 per cent during the next 20 years.
- Renewable energy can help fill the gap
- Even if we had an unlimited supply of fossil fuels, using renewable energy is better for the environment.
- We often call renewable energy technologies “clean” or “green” because they produce few if any pollutants.
- Burning fossil fuels, however, sends greenhouse gases into the atmosphere, trapping the sun’s heat and contributing to global warming.
- Climate scientists generally agree that the Earth’s average temperature has risen in the past century.
- If this trend continues, sea levels will rise, and scientists predict that floods, heat waves, droughts, and other extreme weather conditions could occur more often.
- Other pollutants are released into the air, soil, and water when fossil fuels are burned.
- These pollutants take a dramatic toll on the environment—and humans.
- Air pollution contributes to diseases like asthma.
- Acid rain from sulfur dioxide and nitrogen oxides harms plants and fish. Nitrogen oxides also contribute to smog.
- Renewable energy will also help us develop energy independence and security.
- Replacing some of our petroleum with fuels made from plant matter, for example, could save money and strengthen our energy security.
- Renewable energy is plentiful, and the technologies are improving all the time.
- There are many ways to use renewable energy.
- Most of us already use renewable energy in our daily lives.
2.1.Hydropower
- Hydropower is our most mature and largest source of renewable power, producing about 10 per cent of the nation’s electricity.
- Existing hydropower capacity is about 77,000 megawatts (MW). Hydropower plants convert the energy in flowing water into electricity.
- The most common form of hydropower uses a dam on a river to retain a large reservoir of water. Water is released through turbines to generate power.
- “Run of the river” systems, however, divert water from the river and direct it through a pipeline to a turbine.
- Hydropower plants produce no air emissions but can affect water quality and wildlife habitats.
2.2.Bioenergy
- Bioenergy is the energy derived from biomass (organic matter), such as plants. If you’ve ever burned wood in a fireplace or campfire, you’ve used bioenergy.
- But we don’t get all of our biomass resources directly from trees or other plants.
- Many industries, such as those involved in construction or the processing of agricultural products, can create large quantities of unused or residual biomass, which can serve as a bioenergy source.
2.3.Geothermal Energy
- The Earth’s core, 4,000 miles below the surface, can reach temperatures of 9000° F.
- This heat—geothermal energy—flows outward from the core, heating the surrounding area, which can form underground reservoirs of hot water and steam.
- These reservoirs can be tapped for a variety of uses, such as to generate electricity or heat buildings.
- By using geothermal heat pumps (GHPs), we can even take advantage of the shallow ground’s stable temperature for heating and cooling buildings.
2.4.Solar Energy
- Solar technologies tap directly into the infinite power of the sun and use that energy to produce heat, light, and power.
2.5. Wind Energy
- For hundreds of years, people have used windmills to harness the wind’s energy.
- Today’s wind turbines, which operate differently from windmills, are a much more efficient technology.
- Wind turbine technology may look simple: the wind spins turbine blades around a central hub; the hub is connected to a shaft, which powers a generator to make electricity.
- However, turbines are highly sophisticated power systems that capture the wind’s energy using new blade designs or airfoils.
- Modern, mechanical drive systems, combined with advanced generators, convert that energy into electricity.
- Wind turbines that provide electricity to the utility grid range in size from 50 kW to 6
- Wind energy has been the fastest growing source of energy since 1990.
2.6.Ocean Energy
- The ocean can produce two types of energy: thermal energy from the sun’s heat, and mechanical energy from the tides and waves.
- Ocean thermal energy can be used for many applications, including electricity generation.
- Electricity conversion systems use either the warm surface water or boil the seawater to turn a turbine, which activates a generator.
- The electricity conversion of both tidal and wave energy usually involves mechanical devices.
- A dam is typically used to convert tidal energy into electricity by forcing the water through turbines and activating a generator.
- Meanwhile, wave energy uses mechanical power to directly activate a generator or to transfer to a working fluid, water, or air, which then drives a turbine/generator.
2.7.Hydrogen
- Hydrogen is high in energy, yet its use as a fuel produces water as the only emission.
- Hydrogen is the universe’s most abundant element and also its simplest.
- A hydrogen atom consists of only one proton and one electron.
- Despite its abundance and simplicity, it doesn’t occur naturally as a gas on the Earth.
- Today, industry produces more than 4 trillion cubic feet of hydrogen annually.
- Most of this hydrogen is produced through a process called reforming, which involves the application of heat to separate hydrogen from carbon. Researchers are developing highly efficient, advanced reformers to produce hydrogen from natural gas for what’s called Proton Exchange Membrane fuel cells.
3. Steps were taken by the government to promote Renewable energy
The Indian renewable energy sector is the fourth most attractive renewable energy market in the world. India was ranked fourth in wind power, fifth in solar power and fourth in renewable power installed capacity, as of 2020.
3.1.Distribution of prominent renewable energy Hubs
- Rajasthan
- Gujarat
- Andhra Pradesh
- Karnataka
- Telangana
- Tamil Nadu
3.2.Steps taken
- Permitting Foreign Direct Investment (FDI) up to 100 per cent under the automatic route,
- Waiver of Inter-State Transmission System (ISTS) charges for inter-state sale of solar and wind power for projects to be commissioned by 30th June 2025,
- Declaration of trajectory for Renewable Purchase Obligation (RPO) up to the year 2022,
- Setting up of Ultra Mega Renewable Energy Parks to provide land and transmission to RE developers on a plug-and-play basis,
- Schemes such as Pradhan Mantri Kisan Urja Suraksha evam Utthaan Mahabhiyan (PM-KUSUM), Solar Rooftop Phase II, 12000 MW CPSU Scheme Phase II, etc,
- Laying of new transmission lines and creating new sub-station capacity under the Green Energy Corridor Scheme for evacuation of renewable power,
- Setting up of Project Development Cell for attracting and facilitating investments,
- Standard Bidding Guidelines for tariff-based competitive bidding process for procurement of Power from Grid Connected Solar PV and Wind Projects.
- Deployment of large-scale renewable energy (RE) has the potential to create numerous employment opportunities in rural India in the coming decades. By 2030, it is projected that the clean-energy sectors could provide jobs for around one million individuals in the country.
- However, the expansion of RE may have significant impacts on communities reliant on the land, involving changes in land use, modifications to ecosystems, shifts in livelihoods, and overall effects on land productivity.
- As India progresses in scaling up RE, striking a balance between these interests may result in project commissioning delays, contributing to a waning interest among developers in RE tenders.
- In 2020, wind developers, facing setbacks such as delays in land allocation, sought to terminate power-purchase agreements for approximately 565 MW wind capacity signed with the Solar Energy Corporation of India (SECI), prompting a decline in developers' enthusiasm for RE projects. Commissioning delays not only pose substantial financial risks but also jeopardize the reputation of RE developers.
- In the pursuit of responsible RE deployment and the enhancement of communities in and around project sites, many developers actively support local development activities and community-led programs through corporate social responsibility (CSR) initiatives.
- As an illustration, Tata Power Solar has established integrated vocational training programs for women and youth in multiple project sites.
- Given the pivotal role of project developers in interacting with communities during land acquisition, construction, and operational phases, they play a crucial role in driving responsible practices. Additionally, regulators and investors prioritize assessing the responsible practices of new projects.
- To encourage all developers to contribute to the rapidly growing RE ecosystem and promote responsible practices, two essential prerequisites need to be addressed
WAQF ACT
- In Islamic law, a waqf refers to property dedicated to God for religious or charitable purposes. This can include any type of property, either movable or immovable, that is set aside for the benefit of the public, serving as an act of piety that enables Muslims to continue their charitable contributions even after death.
- A waqf can be created through a formal document, or property may be recognized as waqf if it has been consistently used for religious or charitable purposes over time. The income generated from such properties is usually directed towards the upkeep of mosques, funding educational institutions, or aiding the needy.
- Once a property is designated as waqf, it cannot be inherited, sold, or given away. Non-Muslims are also permitted to establish a waqf, provided the purpose aligns with Islamic values.
- In India, waqfs are governed by the 1995 Act. The identification and delineation of waqf properties are carried out by a survey conducted by the State government.
- A survey commissioner, appointed under this Act, identifies these properties through local inquiries, witness statements, and examination of public records. Once identified, the properties are listed in the State’s official gazette, and a record is maintained by the State Waqf Board.
- Each waqf is managed by a mutawalli (caretaker) responsible for its administration. While waqfs are similar to trusts under the Indian Trusts Act of 1882, unlike trusts, waqfs cannot be dissolved by a Board
- The 1995 Act creates Waqf Boards in each State, responsible for overseeing the management of waqf properties within their respective areas. These Boards are legally recognized entities, enabling them to initiate or face legal action.
- Each State Waqf Board is led by a chairperson and includes one or two representatives from the State government, Muslim legislators, acknowledged Islamic scholars, and mutawallis (caretakers) of the waqfs.
- The Act also requires the appointment of a full-time Chief Executive Officer for each Board, who must be a practicing Muslim and hold a rank equivalent to at least a Deputy Secretary in the State government.
- The Waqf Board is empowered to manage waqf properties and undertake actions to reclaim lost assets. It also has the authority to approve the transfer of immovable waqf properties through sale, gift, mortgage, exchange, or lease, but such transactions require the consent of at least two-thirds of the Board members.
- The 2013 amendments to the 1995 Act further enhanced the Board's powers, making it almost impossible to sell waqf properties, as neither the mutawalli nor the Board is permitted to sell such property.
- In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council, a national advisory body under the Ministry of Minority Affairs.
- This Council ensures consistent administration of waqf properties across the country and is chaired by the Union Minister of Minority Affairs.
- The Council also advises the Union government on waqf-related matters, including policy formulation, implementation of waqf laws, and the resolution of inter-state disputes
- The definition of ‘waqf’ has been revised under the new Bill. Now, only lawful property owners who have practiced Islam for at least five years are permitted to establish waqf properties through formal deeds.
- This change eliminates the concept of ‘waqf by use,’ which allowed a property to be considered waqf based on its usage, even if the original deed was contested. Historically, waqf properties were often designated orally until formal documentation became more common.
- To prevent fraudulent claims of waqf status, the Bill stipulates that any government property identified or declared as waqf, either before or after the enactment of this Act, will not be recognized as waqf property. The law also allows widows, divorced women, and orphans to benefit from waqf proceeds.
- The responsibility for surveying waqf properties, previously handled by survey commissioners under the 1995 Act, will now be transferred to district collectors or officers of equivalent rank under the new Bill.
- To enhance the accuracy of waqf property records, the Bill proposes the establishment of a centralized registration system. All information regarding waqf properties must be uploaded to this portal within six months of the law’s enactment, and any new waqf property registrations must be submitted through this portal to the Waqf Boards.
- Additionally, the Bill removes section 40, which previously allowed waqf tribunals to determine whether a property qualifies as waqf. Instead, the district collector is now designated as the final authority on such matters.
- Once a decision is made, the collector must update the revenue records and report to the State government. Importantly, the Bill states that the disputed property cannot be treated as waqf property until the collector submits a final report, meaning the Waqf Board cannot take control of the land until the government resolves the issue.
- One of the most debated provisions in the Bill is the proposal to include non-Muslims in key waqf institutions, such as the Central Waqf Council, State Waqf Boards, and waqf tribunals.
- The Bill authorizes the Centre to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council without requiring them to be Muslims. Previously, under the 1995 Act, these MPs had to be from the Muslim community.
- The new Bill also mandates that State Waqf Boards must include two non-Muslims and two women as members. The composition of waqf tribunals has been altered from a three-member body to a two-member body, consisting of a district judge and an officer of joint secretary rank to the State government.
- The proposed law requires tribunals to resolve disputes within six months, with a possible six-month extension.
- Furthermore, the Bill gives the Centre the authority to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.”
- The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel formed by the State governments. Mutawallis who fail to maintain proper accounts will face penalties.
- The proposed law also allows courts to intervene in waqf disputes by removing the finality of waqf tribunal decisions, enabling aggrieved parties to appeal directly to the relevant High Court. This measure aims to increase judicial oversight and reduce instances of arbitrary power exercised by Waqf Boards or tribunals
For Prelims: Waqf board, Amendment process in Parliament
For Mains: GS II - Indian Governance
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