PRESIDENTIAL REFERENCE
1. Context
Besides advising President Droupadi Murmu against fixing timelines for Governors, the Presidential Reference Bench opined that the Indian Constitution is truly turning to vibrant “swadeshi”.
2. Historical context of presidential reference
The Supreme Court's advisory role, as outlined in Article 143, traces its origins to the Government of India Act of 1935. This act granted the Governor-General the authority to seek the opinion of the federal court on significant legal matters.
A comparable feature exists in the Canadian Constitution, where the Supreme Court of Canada is empowered to give advisory opinions on legal issues referred by either the federal or provincial governments. In contrast, the U.S. Supreme Court has consistently refused to issue advisory opinions to the executive branch, adhering strictly to the principle of separation of powers embedded in the American Constitution
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Under Article 143 of the Constitution, the President has the authority to seek the Supreme Court’s opinion on any legal or factual issue deemed to be of public significance. This referral is made based on the advice of the Union Council of Ministers. According to Article 145, such matters must be examined by a bench comprising at least five judges of the Supreme Court. Following the hearing, the Court may deliver its opinion as it deems appropriate. While the opinion is not legally binding on the President and does not set a judicial precedent, it holds considerable persuasive value. Consequently, it is generally respected and adhered to by both the executive and the judiciary |
3. Past instances
- Since 1950, approximately fifteen presidential references have been made to the Supreme Court, excluding the most recent one. Below are brief summaries of some notable opinions delivered by the Court in response to these references.
- The first such reference came in the Delhi Laws Act case (1951), where the Court outlined the concept of delegated legislation, allowing the legislature to delegate certain law-making powers to the executive for efficient law implementation.
- In the Kerala Education Bill case (1958), the Court established the principle of harmonious interpretation between Fundamental Rights and the Directive Principles of State Policy, while also clarifying the constitutional safeguards for minority-run educational institutions under Article 30.
- In the Berubari Union case (1960), the Court held that any transfer or acquisition of Indian territory requires a constitutional amendment as per Article 368. The Keshav Singh case (1965) addressed the scope of legislative powers and privileges.
- In the Presidential Election case (1974), the Court ruled that elections for the President must proceed even if there are vacancies in the electoral college due to the dissolution of state assemblies.
- The Special Courts Bill reference (1978) was particularly important, as the Court clarified that it can choose not to respond to a reference, that the questions posed must be clear and precise, and that the judiciary must not intrude into Parliament's domain when giving its opinion.
- The Third Judges case (1998) resulted in a comprehensive set of guidelines shaping the collegium system for appointing judges to the higher judiciary.
- Although the Supreme Court is not bound to respond to every reference, it has declined to provide an opinion on only one occasion — in 1993, concerning the Ram Janmabhoomi dispute
4. Current reference
- The current presidential reference stems from a recent Supreme Court ruling that established specific timelines for the President and State Governors to act on Bills passed by State legislatures.
- In that judgment, the Court also asserted that the decisions made by the President and Governors regarding such Bills are open to judicial scrutiny. This reference has posed 14 key questions, mainly focusing on the interpretation of Articles 200 and 201 of the Constitution.
- The central government has raised concerns about whether courts can impose timelines when the Constitution itself does not prescribe any. It also questions whether the actions of the President and Governors, taken before a Bill becomes law, can be subjected to judicial review. Additionally, the reference seeks clarity on the scope of the Supreme Court’s powers under Article 142.
- This legal dispute has largely been driven by political tensions between the Union government and Opposition-led State governments. In its judgment, the Supreme Court had referred to the timelines mentioned in a Ministry of Home Affairs Office Memorandum concerning the President's assent to Bills.
- Notably, in the Cauvery dispute reference (1992), the Court had stated that, in an advisory capacity, it does not have the authority to review its previous rulings.
- Nevertheless, a definitive opinion in the present case is expected to bring clarity to important constitutional questions, thereby aiding in the effective functioning of federalism and democratic governance
5. Way Forward
The advisory jurisdiction of the Supreme Court under Article 143 plays a vital role in clarifying complex constitutional questions and ensuring the smooth functioning of India's democratic framework. While not binding, the Court’s opinions carry significant persuasive authority and are generally respected by both the executive and judiciary. Historical references, from the Delhi Laws Act case to the Third Judges case, have helped shape important legal doctrines on delegated legislation, federalism, judicial appointments, and legislative privileges
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For Prelims: Article 143, Supreme Court's advisory jurisdiction
For Mains: General Studies II - Indian Polity & Governance
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Previous Year Questions
Prelims
1. Consider the following statements: (UPSC 2017) 1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct? A. 1 and 2 only B. 2 only C. 2 and 3 only D. 3 only Answer: D 2. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019) Answer: B 3. Consider the following statements : (UPSC 2021) 1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. 1 and 3 D. 2 and 3
4. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS Prelims 2018)
(A) The aim of this scheme is to bring about transparency in the funding process of political parties.
(B) Only the political parties recognized by the Election Commission which secured not less than one per cent of the votes polled in the last general election to the House of People or the Legislative Assembly of the State shall be eligible to receive the Electoral Bonds.
(C) Electoral Bonds shall be valid for fifteen calendar days from the date of issue.
(D) The Electoral Bond deposited by an eligible political party in its account shall be credited on the same day.
Which of the above statements are correct?
1. Only (A) and (B)
2. (A), (B), (C) and (D)
3. Only (B), (C) and (D)
4. Only (A), (C) and (D)
Answer: 2
5. With reference to the PM CARES Fund, consider the following statements: (AFCAT 27 2022)
I. The amount collected by it directly goes to the Consolidated Fund of India.
II. It can avail donations from the foreign contribution and donations to fund can also avail 100% tax exemption.
Which of the above statements is/are correct?
A. I only B. II only C. Both I and II D. Neither I nor II
Answer: B
6. The Prime Minister's National Relief Fund is operated by which one of the following bodies? (CDS 2019)
A. The Prime Minister's Office (PMO)
B. The National Disaster Management Authority
C. The Ministry of Finance
D. The National Development Council (NDC)
Answer: A
Mains 1. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC 2018) 2. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. ( UPSC 2022) |
Source: The Hindu
CYCLONES
1. Context
At least 153 people have been killed in Sri Lanka after landslides and flooding caused by Cyclone Ditwah, officials said on Saturday, with 191 others missing and more than half a million affected nationwide.
2. What is a Cyclone
- A cyclone is a low-pressure system that forms over warm waters. Essentially, it is a system of high-speed winds rotating around a low-pressure area, with the winds blowing counterclockwise in the Northern Hemisphere and clockwise in the Southern Hemisphere.
- According to the World Meteorological Organization, “Tropical cyclones are one of the biggest threats to life and property even in the formative stages of their development.
- Cyclonic winds move across nearly all regions of the Earth except the equatorial belt and are generally associated with rain or snow
- They include several different hazards that can individually cause significant impacts on life and property, such as storm surge, flooding, extreme winds, tornadoes and lighting.
- Combined, these hazards interact with one another and substantially increase the potential for loss of life and material damage.”
- Cyclones occur chiefly in the middle and high latitude belts of both hemispheres. In the Southern Hemisphere, where most of the terrestrial surface is covered by the oceans, cyclones are distributed in a relatively uniform manner through various longitudes
- Characteristically, they form in latitudes 30° to 40° S and move in a generally southeasterly direction, reaching maturity in latitudes around 60°.
- Cyclones that form closer to the Equator (i.e., at latitudes 10° to 25° north and south over the oceans) differ somewhat in character from the extratropical variety. Such wind systems, known as tropical cyclones, are much smaller in diameter.
- Whereas extratropical cyclones range from nearly 1,000 to 4,000 km (620 to 2,500 miles) across, tropical cyclones typically measure only about 100 to over 1,000 km in diameter.
PC: Brittanica
3. Types of cyclones
3.1.Tropical Cyclones
Cyclones developed in the tropics region (the majority confined to 100– 300 N and S of the equator) are called tropical cyclones.
- tropical cyclones have a thermal origin, and they develop over tropical seas during certain seasons. Pre-existing low pressure, large sea surface with a temperature higher than 27° C, and the presence of the Coriolis force are a must for tropical cyclone formation.
- At these locations, the local convectional currents acquire a whirling motion because of the Coriolis force generated by the earth’s rotation. After developing, these cyclones advance till they find a weak spot in the trade wind belt.
- Tropical cyclones always originate in large water bodies.
3.2.Temperate Cyclone
Temperate cyclones (Mid-Latitude cyclones), also known as Extratropical cyclones, are active over the mid-latitudinal regions between 35° latitude and 65° latitude in both hemispheres.
- They have a dynamic origin and cyclone formation is due to frontogenesis (interaction of cold and warm fronts). When the warm-humid air masses from the tropics meet the dry-cold air masses from the poles and thus a polar front is formed as a surface of discontinuity. The cold air pushes the warm air upwards from underneath. Thus, a void is created because of the lessening of pressure. The surrounding air rushed in to occupy this void and coupled with the earth’s rotation, a temperate cyclone is formed.
- Temperate cyclones can originate on both landmass or water.
4.How do cyclones form?
- A tropical cyclone originates in a region of low pressure, typically accompanied by clusters of thunderstorms. For this disturbance to evolve into a full-fledged cyclone, certain atmospheric and oceanic factors must align.
- The most crucial among these is a sufficiently warm sea surface — generally above 26.5°C — extending to a depth of around 50 metres. Moist air over such warm waters rises, cools, and condenses to form clouds, releasing latent heat in the process.
- This released heat warms the surrounding air, causing it to rise further and pull in more moist air from below, creating a self-sustaining cycle of convection.
- Another vital requirement is an unstable atmosphere, meaning that once air begins to rise, it continues to ascend instead of being forced downward. Additionally, the Coriolis effect — caused by Earth’s rotation — must be strong enough to induce a spinning motion.
- Because this effect is minimal near the equator, cyclones seldom form within about five degrees of latitude on either side of it.
- Low vertical wind shear is also necessary; if wind speed and direction differ greatly between the lower and upper atmosphere, the cyclone’s circulation can become disorganized and lose strength.
- As the system intensifies, a clearly defined centre known as the eye may develop. This calm, cloud-free zone is encircled by the eyewall — a ring of towering thunderstorms producing the strongest winds and heaviest rainfall.
- Near the surface, air spirals inward toward the low-pressure centre and ascends sharply at the eyewall, while at higher altitudes it spreads outward, completing the cyclone’s circulation pattern
5. How are cyclones named?
Cyclones that form in every ocean basin across the world are named by the regional specialised meteorological centres (RSMCs) and Tropical Cyclone Warning Centres (TCWCs). There are six RSMCs in the world, including the India Meteorological Department (IMD), and five TCWCs.
As an RSMC, the IMD names the cyclones developing over the north Indian Ocean, including the Bay of Bengal and the Arabian Sea, after following a standard procedure. The IMD is also mandated to issue advisories to 12 other countries in the region on the development of cyclones and storms.
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For Prelims: Indian and World Geography-Physical, Social, Economic Geography of India and the World For Mains: General Studies I: Important Geophysical phenomena such as earthquakes, Tsunami, Volcanic activity, cyclone etc., geographical features and their location-changes in critical geographical features and in flora and fauna and the effects of such changes |
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Previous Year Questions
1.Consider the following statements: (UPSC CSE 2020)
1. Jet streams occur in the Northern Hemisphere only.
2. Only some cyclones develop an eye.
3. The temperature inside the eye of a cyclone is nearly 10°C lesser than that of the surroundings.
Which of the statements given above is/are correct?
A. 1 Only
B. 2 and 3 Only
C. 2 Only
D. 1 and 3 Only
Answer (C)
2.In the South Atlantic and South-Eastern Pacific regions in tropical latitudes, cyclones do not originate. What is the reason? (UPSC Prelims GS1, 2015)
(a) Sea surface temperatures are low (b) Inter-tropical Convergence Zone seldom occurs (c) Coriolis force is too weak (d) Absence of land in those regions Answer (a)
1.Tropical cyclones are largely confined to South China Sea, Bay of Bengal and Gulf of Mexico. Why? (GS-1, 2014)
2.The recent cyclone on the east coast of India was called “Phailin”. How are the tropical cyclones named across the world? (GS-1, 2013) |
Source: indianexpress
INDIA-US PARTNERSHIP
1. Context
As steep 50 per cent US tariffs effective August 27 begin to weigh on Indian goods exports, several product categories such as shrimps, gems and jewellery, auto components and electric machinery have managed to redirect some of that output into other Asian and European markets
2.India-US Relationship
- India and the United States has been multifaceted and has evolved over the years. It covers various areas such as strategic, economic, technological, and cultural cooperation.
- India and the United States have developed a strategic partnership, marked by regular high-level diplomatic engagements and cooperation on regional and global issues. Both countries share common values such as democracy and a commitment to a rules-based international order
- Defense and security ties between India and the U.S. have strengthened. Both countries participate in joint military exercises, and there is ongoing collaboration in defense technology and procurement. The Logistics Exchange Memorandum of Agreement (LEMOA) and the Communications Compatibility and Security Agreement (COMCASA) are examples of agreements aimed at enhancing defense cooperation.
- Economic ties have expanded, with both countries being significant trade partners. Bilateral trade has increased, and efforts have been made to address trade imbalances. The U.S. has been a major source of foreign direct investment (FDI) in India, and both sides have expressed interest in further deepening economic collaboration.
3. Key Elements of Partnerships of India-US
3.1.Technology partnership
- Micron Technology, in collaboration with the backing of the India Semiconductor Mission, plans to allocate over $800 million for the establishment of a new semiconductor assembly and test facility in India, contributing to a total investment of $2.75 billion. Additionally, Applied Materials is set to construct a Semiconductor Centre for Commercialization and Innovation in India, aimed at enhancing the diversification of the semiconductor supply chain between the two countries. Simultaneously, Lam Research intends to facilitate the training of 60,000 Indian engineers through its "Semiverse Solution," aligning with India's objectives for accelerated semiconductor education and workforce development
- India has recently joined the Minerals Security Partnership (MSP) led by the United States, aimed at expediting the establishment of robust and sustainable global supply chains for critical energy minerals. Commencing in June 2022, MSP already includes 12 other partner nations and the European Union. As part of this collaboration, Epsilon Carbon Limited from India is set to inject $650 million into the creation of a greenfield facility for electric vehicle battery components, marking the most substantial Indian investment to date in the U.S. electric vehicle battery sector.
- India and the United States have initiated collaborative efforts through public-private Joint Task Forces dedicated to the advancement and implementation of Open RAN systems, as well as the progress of advanced research and development in telecommunications. The joint leadership of India's Bharat 6G and the U.S. Next G Alliance in this public-private research endeavour is aimed at diminishing expenses, enhancing security, and fortifying the resilience of telecommunication networks.
- India has officially endorsed the Artemis Accords, aligning itself with 26 other nations dedicated to fostering peaceful, sustainable, and transparent collaboration for the exploration of celestial bodies such as the Moon, Mars, and beyond. In a significant development, NASA is set to offer advanced training to astronauts from the Indian Space Research Organization (ISRO), with the objective of initiating a joint mission to the International Space Station in 2024. Furthermore, NASA and ISRO are actively working on establishing a strategic framework for cooperation in human spaceflight, with plans to finalize the agreement by the conclusion of 2023.
- A collaborative effort has been instituted by both nations through the creation of a Joint Indo-US Quantum Coordination Mechanism. This mechanism is designed to streamline cooperative research endeavors involving the public and private sectors in both countries. Additionally, they have formalized an implementing arrangement to bolster joint research initiatives focusing on quantum technologies, Artificial Intelligence (AI), and advanced wireless technologies.
- The National Science Foundation of the United States has disclosed 35 collaborative research projects in conjunction with India's Department of Science and Technology. Additionally, a fresh cooperative agreement has been formalized between the U.S. National Science Foundation and India's Ministry of Electronics and Information Technology, specifically targeting emerging technologies
- Sterlite Technologies Limited of India has committed a $100 million investment towards establishing a manufacturing facility for optical fiber cables in close proximity to Columbia, South Carolina. This initiative is expected to support annual optical fiber exports from India amounting to $150 million
3.2.Defence Partnership
- The Joint Statement expressed approval for the innovative proposal put forth by General Electric to collaboratively manufacture the F414 jet engine in India. General Electric and Hindustan Aeronautics Limited (HAL) have formalized a Memorandum of Understanding (MoU), and a manufacturing license agreement has been presented for Congressional Notification. This unprecedented initiative, marking the first time F414 engines will be produced in India, is poised to facilitate a more extensive transfer of U.S. jet engine technology than previously experienced
- India has plans to acquire armed MQ-9B SeaGuardian Unmanned Aerial Vehicles (UAVs), aiming to enhance the country's intelligence, surveillance, and reconnaissance capabilities
- The U.S. Navy has finalized a Master Ship Repair Agreement (MSRA) with Larsen and Toubro Shipyard in Kattupalli (Chennai) and is in the process of completing agreements with Mazagon Dock Limited (Mumbai) and Goa Shipyard (Goa). These arrangements will permit U.S. Navy vessels to undergo maintenance and repair at Indian shipyards during their voyages.
- The inauguration of the India-US Defence Acceleration Ecosystem (INDUS-X) took place on June 21, 2023. This network involves participants from universities, incubators, corporations, think tanks, and private investors. The program is designed to foster collaborative innovation in defense technologies and expedite the integration of India's private sector defense industry with its U.S. counterpart
3.3. Cooperation in the Indo-Pacific
Titled 'Taking the Lead on the Global Platform,' the Joint Statement highlights several strategic actions undertaken by the two nations.
- Indo-Pacific and Indian Ocean: The United States will become a participant in the Indo-Pacific Oceans Initiative, a regional effort initiated by Prime Minister Modi in 2015 to ensure a secure, stable maritime environment and advocate for its conservation and sustainable utilization. India will maintain its role as an observer in the Partners in the Blue Pacific. The U.S. and India plan to conduct an Indian Ocean Dialogue involving experts and stakeholders from the broader Indian Ocean region to enhance regional coordination.
3.4.Sustainable development
- India and the United States will persist in their collaborative efforts to meet their individual climate and energy objectives. The United States appreciates India's commitment to jointly spearhead the Hydrogen Breakthrough Agenda, a multinational initiative aimed at making affordable renewable and low-carbon hydrogen accessible worldwide by 2030
- The Joint Statement underlines the mutual dedication of both nations to establishing inventive investment frameworks. These frameworks aim to reduce the capital costs and draw substantial international private financing for projects related to renewable energy, battery storage, and emerging green technologies in India. Additionally, the statement acknowledges efforts to decarbonize the transportation sector and highlights India's establishment of the Global Biofuels Alliance, in which the U.S. is a founding member
3.5.Initiatives on health
- The U.S. National Cancer Institute is set to encourage cooperation between American and Indian scientists through two recently awarded grants. These grants aim to create an Artificial Intelligence (AI)-enhanced digital pathology platform for purposes such as cancer diagnosis, prognosis, and forecasting therapeutic outcomes. Additionally, the grants will support the development of AI-driven automated radiotherapy treatment specifically for cervix, head, and neck cancers.
- The U.S. National Institute of Diabetes and Digestive and Kidney Diseases is poised to enter into an agreement with the Indian Council of Medical Research. This collaboration aims to advance research in the realms of basic, clinical, and translational studies on diabetes. Additionally, the United States and India are set to convene a US-India Cancer Dialogue, facilitated by President Biden's Cancer Moonshot initiative. This dialogue will serve as a platform for experts from both countries to identify specific areas of collaboration, accelerating the pace of progress in the fight against cancer.
3.6.Fighting terror and drugs
- The Joint Statement reaffirmed the commitment of the United States and India to jointly combat global terrorism, condemning terrorism and violent extremism in all its forms. President Biden and Prime Minister Modi reiterated the need for concerted action against UN-listed terrorist groups, including al-Qa’ida, ISIS/Daesh, Lashkar e-Tayyeba (LeT), Jaish-e-Mohammad (JeM), and Hizb-ul-Mujhahideen.
- They strongly denounced cross-border terrorism and the use of terrorist proxies. The leaders called on Pakistan to take immediate action to prevent any territory under its control from being used for launching terrorist attacks. Additionally, they urged for the perpetrators of the 26/11 Mumbai and Pathankot attacks to be brought to justice.
4. Way forward
India and the U.S. often collaborate on various global and regional challenges, including United Nations initiatives, counterterrorism efforts, and regional stability.
Source: Indianexpress
NATIONAL EDUCATION POLICY
1. Context
In a year when the Centre’s relation with Tamil Nadu was marked by a conflict over the three-language formula under the National Education Policy (NEP), the Ministry of Education has selected a campaign to learn Tamil as the focus of the Kashi Tamil Sangamam to be held next month.
2. About NEP 2020
The National Education Policy (NEP) 2020 is a comprehensive policy document that aims to transform the Indian education system into a world-class system that is aligned with the 21st-century needs of the country. It was released by the Government of India in July 2020.
- The NEP provides a broad direction and is not mandatory. Education is a concurrent subject, requiring collaboration between the central and state governments. The target for full implementation is set for 2040.
- Subject-wise committees, comprising members from relevant ministries at both levels, will develop implementation plans, outlining actions for various bodies, including the HRD Ministry, state Education Departments, and others. Progress will be jointly reviewed annually.
3. Impact on Mother Tongue/Regional Language Instruction
- While the NEP emphasizes teaching in the mother tongue or regional language "wherever possible," it is not mandatory for states.
- Private schools are unlikely to be forced to change their medium of instruction.
- The policy acknowledges multilingual families and encourages a bilingual approach for students whose home language differs from the medium of instruction.
- Single-stream institutions like IITs are already diversifying their offerings, including humanities and social sciences departments.
- This multidisciplinary approach aligns with global trends, ensuring graduates are well-rounded and equipped to address complex challenges.
4. NEP 2020 and Sustainable Development Goals
- Both the NEP 2020 and SDG 4 aim to provide inclusive and equitable quality education for all.
- They emphasize improving the quality of education, enhancing learning outcomes, and ensuring access to education at all levels.
- SDG 4.5 focuses on eliminating disparities in access to education and promoting inclusive education.
- The NEP 2020 also emphasizes inclusive education by addressing the needs of diverse groups, including marginalized communities, children with disabilities, and those in remote areas.
- Both the NEP 2020 and SDGs prioritize gender equality in education.
- They aim to eliminate gender-based discrimination in education and promote equal opportunities for girls and boys in schools and higher education.
- SDG 4.2 emphasizes the importance of early childhood education and care.
- The NEP 2020 incorporates a similar focus by introducing a 5+3+3+4 structure that includes early childhood education, aligning with the SDG's goal of ensuring that all children have access to quality pre-primary education.
- Both the NEP 2020 and SDG 4. c emphasize the importance of adequately trained and qualified teachers.
- They promote continuous professional development for educators to improve the quality of teaching and learning.
- SDG 4.6 promotes lifelong learning opportunities for all. The NEP 2020 recognizes the need for lifelong learning by introducing a four-year multidisciplinary undergraduate program with multiple exit options, encouraging continuous skill development.
- SDG 4.7 encourages global citizenship education and values for sustainability.
- While the NEP 2020 does not explicitly mention this goal, its emphasis on critical thinking, experiential learning, and holistic development aligns with the idea of nurturing responsible global citizens.
- SDG 17 calls for global partnerships to achieve the SDGs. The NEP 2020 acknowledges the importance of collaboration between various stakeholders, including governments, civil society, and international organizations, to implement education reforms effectively.
- Although the primary focus of the NEP is on education, it indirectly contributes to SDG 13 (Climate Action) and other environmental goals by promoting environmental awareness, sustainability education, and holistic development that includes a sense of responsibility towards the environment.
5. The salient features of NEP 2020
The salient features of the National Education Policy (NEP) 2020 include:
- The NEP 2020 proposes a new school curriculum that is more holistic and multidisciplinary. It also emphasizes the importance of early childhood education and foundational literacy and numeracy.
- The NEP 2020 proposes to open up the Indian higher education sector to foreign universities. This will allow students to access world-class education without having to leave India.
- The NEP 2020 proposes to discontinue the M Phil programme. This is in line with the global trend of moving towards a four-year undergraduate degree followed by a direct PhD programme.
- The NEP 2020 proposes to introduce multiple entry and exit options in undergraduate and postgraduate programmes. This will give students more flexibility and allow them to tailor their education to their needs.
- The NEP 2020 emphasizes the importance of research and innovation in higher education. It proposes to increase funding for research and to create a more supportive environment for researchers.
- The NEP 2020 aims to internationalize the Indian education system. It proposes to increase student and faculty mobility and to collaborate with foreign universities.
6. Education policies in India and its fundamental objectives
- The primary objective of the first education policy was to promote social justice and reduce disparities in access to education.
- It aimed to provide free and compulsory education for all children up to the age of 14 (universalization of elementary education).
- The second education policy aimed to modernize and expand the education system while maintaining a focus on access and equity.
- It introduced the 10+2 structure of school education and emphasized vocational education and adult literacy.
- This revision of the 1986 policy focused on restructuring the curriculum and examination systems.
- It aimed to promote greater flexibility in course choices and reduce the emphasis on board exams.
- The NPE 2020 aims to transform the Indian education system to meet the demands of the 21st century.
- It emphasizes the universalization of early childhood education, a flexible and multidisciplinary approach to education, and the use of technology for learning.
- It also focuses on improving the quality of education, promoting research and innovation, and ensuring inclusivity and equity in education.
- India has also had various other policies and initiatives related to specific aspects of education, such as the Sarva Shiksha Abhiyan (SSA) for elementary education, the Rashtriya Madhyamik Shiksha Abhiyan (RMSA) for secondary education, and the Skill India initiative to promote vocational education and skill development.
7. Kothari Commission (1964–1966) recommendations to formulate a coherent education policy
- The Kothari Commission, officially known as the "Indian Education Commission" or the "Education Commission 1964-66," was a high-level commission appointed by the Government of India to review the state of education in the country and make recommendations for the development of education policies.
- The commission was chaired by Dr Daulat Singh Kothari, who was the Chairman of the University Grants Commission (UGC) at the time.
- The commission's recommendations played a significant role in shaping India's education policies in the decades that followed.
The key recommendations made by the Kothari Commission
- The commission emphasized the need to provide free and compulsory education for all children up to the age of 14.
- This recommendation laid the foundation for the goal of universalizing elementary education in India.
- The commission stressed the importance of improving the quality of education at all levels.
- It recommended measures to enhance the qualifications and training of teachers, revise curricula, and promote innovative teaching methods.
- The Kothari Commission recommended a flexible and broad-based curriculum that would cater to the diverse needs and interests of students.
- It emphasized the importance of holistic education and the inclusion of vocational education.
- The commission recognized the importance of teaching in the mother tongue or regional languages, especially at the primary level, to ensure better comprehension and retention among students. It recommended bilingual education where necessary.
- The commission called for a comprehensive and long-term educational plan to guide the development of education in India.
- It recommended the establishment of educational planning bodies at the national, state, and district levels.
- The Kothari Commission proposed the expansion and improvement of higher education in India.
- It recommended the establishment of new universities, including regional universities, and the development of research and postgraduate education.
- The commission highlighted the need for quality teacher education programs and recommended the establishment of teacher training institutes to ensure a continuous supply of well-trained educators.
- Recognizing the importance of technical and vocational education for economic development, the commission recommended the expansion of such programs and the establishment of polytechnics and industrial training institutes.
- The commission suggested changes in the examination system to reduce the emphasis on rote learning and encourage critical thinking and problem-solving skills.
- The Kothari Commission emphasized the importance of addressing educational disparities among different social and economic groups.
- It recommended affirmative action policies to promote social justice in education.
8. NPE 1986 and NEP 2020 Compare and Contrast
The National Policy on Education (NPE) 1986 and the New Education Policy (NEP) 2020 are two important policy documents that have shaped the Indian education system. While both policies have some common goals, there are also some key differences between them.
Similarities
- Both policies aim to provide access to quality education for all children.
- Both policies emphasize the importance of equity and inclusion in education.
- Both policies stress the need for reforms in the examination system.
- Both policies recognize the importance of teacher training and professional development.
The key differences between the National Policy on Education (NPE) 1986 and the New Education Policy (NEP) 2020:
| Aspect | NPE 1986 | NEP 2020 |
| Structural Changes | Introduced the 10+2 structure of school education | Restructured into a 5+3+3+4 format, with an emphasis on early childhood education and curriculum flexibility |
| Medium of Instruction | Recommended a three-language formula but did not specify the medium of instruction | Recommends teaching in the mother tongue or regional language until at least Grade 5, emphasizing multilingualism |
| Higher Education | Focused on expansion and establishment of new universities and colleges | Emphasizes a multidisciplinary approach, research, and innovation in higher education |
| Examination System | Emphasized the need for examination system reforms and reduced emphasis on board exams | Recommends changes to reduce high-stakes board exams and promote competency-based evaluations |
| Teacher Training | Highlighted the need for improving teacher training programs | Stresses the importance of teacher training and professional development |
| Technology Integration | Did not extensively address technology integration | Recognizes the importance of technology in education and promotes the use of digital resources and e-learning |
| Quality and Access | Aims to improve access and enhance quality in education | Focuses on improving the quality of education, promoting research and innovation, and ensuring inclusivity and equity |
| Gender Inclusivity | Emphasized the importance of gender equality in education | Continues to prioritize gender inclusivity and recommends measures for equitable access to education |
| Globalization | Did not extensively address globalization and internationalization of education | Seeks to promote global collaboration by allowing foreign universities to set up campuses in India |
| Environmental Education | Did not specifically address environmental education | Emphasizes environmental education, sustainability, and awareness |
9. The National Curriculum Framework
The National Curriculum Framework (NCF) is a document in India that outlines the philosophy and guidelines for the development of curriculum and teaching practices in schools. It serves as a foundational document that informs the design, content, and implementation of school education in the country.
- The NCF provides the philosophical and pedagogical foundation for education in India.
- It articulates the educational goals, values, and principles that should guide the curriculum and teaching practices.
- The NCF encourages flexibility in curriculum development to accommodate diverse learners' needs and the evolving educational landscape.
- It recognizes that a one-size-fits-all approach may not be suitable for India's diverse student population.
- The framework emphasizes holistic development, aiming to nurture not only cognitive skills but also social, emotional, and ethical aspects of a child's growth.
- It promotes a well-rounded education that goes beyond rote memorization.
- The NCF underscores the importance of inclusive education.
- It addresses the needs of students from various socio-economic backgrounds, genders, and abilities. It advocates for equal access to quality education for all.
- It encourages the integration of knowledge across subjects and promotes interdisciplinary learning.
- The framework encourages teachers to connect various subjects and topics to provide a more comprehensive educational experience.
- The NCF places the learner at the centre of the educational process. It emphasizes the importance of understanding students' interests, motivations, and individual learning styles.
- The framework recognizes the critical role of teachers in implementing curriculum effectively.
- It emphasizes the need for teacher professional development and continuous support.
- The NCF suggests assessment practices that move beyond traditional examinations and focus on formative assessments, encouraging a more comprehensive evaluation of a student's progress and capabilities.
- It promotes the inclusion of cultural and ethical values in education. The NCF encourages schools to foster an appreciation for India's diverse cultural heritage and ethical values.
- The NCF is periodically reviewed and updated to ensure its continued relevance in the changing educational landscape.
- It takes into account advancements in education research and global best practices.
10. The Way Forward
The NEP 2020 is a unique opportunity to transform the Indian education system into a world-class system that is aligned with the needs of the 21st century. By working together, the government, educational institutions, and society as a whole can make this vision a reality.
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For Prelims: NEP 2020, National Curriculum Framework, Sustainable Development Goals, University Grants Commission, Kothari Commission, Sarva Shiksha Abhiyan, Rashtriya Madhyamik Shiksha Abhiyan,
For Mains:
1. Discuss the key provisions and objectives of the National Education Policy (NEP) 2020. How does it aim to transform the Indian education system, and what are its implications for inclusive development? (250 Words)
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Previous Year Questions
1. Consider the following statements: (UPSC CSE 2018)
1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the State Council of Teacher Education concerned.
2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
3. In India, more than 90% of teacher education institutions are directly under the State Governments.
Which of the statements given above is/are correct?
(a) 1 and 2 (b) 2 only (c) 1 and 3 (d) 3 only
Answer: B
2. Consider the following statements: (UPSC CSE 2016)
1. The Sustainable Development Goals were first proposed in 1972 by a global think tank called the 'Club of Rome'.
2. The Sustainable Development Goals have to be achieved by 2030.
Which of the statements given above is/are correct?
A.1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: B
3. The objective(s) of Rashtriya Madhyamik Shiksha Abhiyaan is/are: (UKSSSC Forest Guard 2021)
A. To provide quality based education to all children from 14 to 18 years
B. Universal standstill till the year 2020
C. To provide residential school for the students of remote areas
D. All of the above
Answer: D
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Source: The Indian Express
BASIC STRUCTURE OF INDIAN CONSTITUTION
1. Context
Chief Justice of India Surya Kant on Saturday said that the Supreme Court’s 1973 Kesavananda Bharati case verdict, which enunciated the basic structure doctrine, is “not… a mere legal precedent” but “stands instead, as one of the most profound affirmations of India’s commitment to constitutionalism and the rule of law”.
2. What is the Basic Structure Doctrine?
- The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts.
- The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament.
- If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.
- The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself.
3. Evolution of Basic Structure Doctrine
3.1 Shankari Prasad Case, 1951
- SC opined that the power of the parliament to amend the constitution under Article 368 also includes the power to amend Fundamental Rights.
- It based its judgment on the logic that the word ‘law’ mentioned in Article 13 includes only ordinary laws and not constitutional amendment acts.
3.2 Golaknath Case, 1967
- SC overruled its judgment. It ruled in this that- Fundamental Rights are given a transcendental and immutable position and hence the Parliament cannot abridge or take away any of these rights.
- It opined the constitutional amendment act is also a law under Art 13.
- Parliament reacted to this judgment by enacting 24th amendment act which included a provision in Art 368 which declared that Parliament has power to take away any of the fundamental rights.
3.3 Keshavananda Bharati Case, 1973
SC overruled its judgment in the Golaknath case. It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of the FRs. However, such changes should not alter the ‘basic structure’ of the constitution.
3.4 42nd CAA 1976
Amended Art. 368-no limitation on the constituent power of Parliament. Any amendment cannot be questioned in any court on any ground.
3.5 Minerva Mills Case, 1980
Parliament reacted to the above case by enacting 42nd amendment act which declared under article 368 that there is no limitation on the constituent power of Parliament and it barred the courts from questioning such amendments. This provision was invalidated by the SC stating that Parliament cannot take away the ‘judicial review’ power of the constitution since it is part of the ‘basic structure of the doctrine’.
3.6 Waman Rao Case, 1981
SC clarified that doctrine would be apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case) (Including 9th schedule).
4. Basic Features of Indian Constitution
In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.
- the supremacy of the Constitution,
- the rule of law,
- Independence of the judiciary,
- doctrine of separation of powers,
- sovereign democratic republic,
- the parliamentary system of government,
- the principle of free and fair elections,
- welfare state, etc.
5. Significance of Basic Structure
- The basic structure doctrine is a testimony to the theory of Constitutionalism to prevent the damage to essence of COI by brute majority of the ruling majority.
- The basic doctrine saved the Indian democracy as it acts as a limitation of constituent power or else unlimited power of parliament might have turned India into a totalitarian.
- It helps us to retain the basic tenets of our constitution so meticulously framed by the founding fathers of our Constitution.
- It strengthens our democracy by delineating a true separation of power where Judiciary is independent of other two organs. It has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.
- By restraining the amending powers of legislative organ of State, it provided basic Rights to Citizens which no organ of State can overrule.
- Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.
For Prelims & Mains
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For Prelims: Doctrine of Basic Structure, Shankari Prasad Case, Golaknath Case,
Keshavananda Bharati Case, 42nd CAA 1976, Minerva Mills Case, Waman Rao Case, 1981, 9th Schedule, Article 368.
For Mains: 1. What is the Basic Structure Doctrine? Explain the evolution and significance of Basic Structure Doctrine?
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Previous Year Questions
1.Consider the following statements: (UPSC CSE GS1, 2020)
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 1.“Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (UPSC GS2, 2019)
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Source: The Indian Express
RUPEE EXCHANGE RATE
1. Context
Between November 21 and November 28, the rupee’s exchange rate weakened against the dollar (from 88.64 to 89.46) and also the euro (102.32 to 103.63), the British pound (116.08 to 118.27) and the Japanese yen (0.5642 to 0.5720).
2. What is the rupee exchange rate?
The rupee's exchange rate with the dollar signifies the quantity of rupees needed to purchase one US dollar. This metric is crucial not only for acquiring American goods but also for engaging in trade involving other commodities and services, like crude oil, which is conducted in US dollars. When the rupee depreciates, the cost of importing goods and services increases. However, for those exporting products and services, particularly to the United States, the depreciation enhances the competitiveness of India's offerings by making them more affordable for foreign buyers
Exchange rate for 1 Indian Rupee (INR) is as follows:
- United States Dollar (USD): 0.012011 INR
- Euro (EUR): 0.011223 INR
- British Pound (GBP): 0.009784 INR
- Australian Dollar (AUD): 0.018827 INR
- Singapore Dollar (SGD): 0.016343 INR
- Swiss Franc (CHF): 0.010845 INR
- Malaysian Ringgit (MYR): 0.056619 INR
- Japanese Yen (JPY): 1.824210 INR
3. Effects on rupee
- If the rupee experiences a faster depreciation rate than its long-term average, it surpasses the dotted line, and vice versa.
- Over the past couple of years, the rupee has demonstrated greater resilience than the long-term trend, but the current decline indicates a correction.
- When considering a diverse range of currencies, data indicates that the rupee has strengthened or appreciated against this basket.
- To clarify, while the US dollar has strengthened against various major currencies, including the rupee, the rupee, in contrast, has strengthened compared to many other currencies like the euro. For example, forex reserves have decreased by over $50 billion between September 2021 and now. Over these 10 months, the rupee's exchange rate with the dollar has declined by 8.7%, from 73.6 to 80.
- To provide context, historically, the rupee typically depreciates by around 3% to 3.5% in a year. Moreover, many experts anticipate further weakening of the rupee in the next 3-4 months, potentially falling to as low as 82 to a dollar.
4. What is rupee depreciation?
Rupee depreciation refers to a decrease in the value of a country's currency, specifically the Indian rupee in this context, in comparison to other currencies. It means that more units of the domestic currency are required to purchase a fixed amount of foreign currency, usually the US dollar. Depreciation can occur due to various factors, including changes in supply and demand for the currency in the foreign exchange market, economic conditions, inflation rates, and geopolitical events
When the rupee depreciates, it has several implications:
Import Costs: Imported goods and services become more expensive, as it takes more rupees to buy the same amount of foreign currency needed for these transactions. This can contribute to inflationary pressures in the economy.
Export Competitiveness: On the positive side, a depreciated rupee can make the country's exports more competitive in the global market. Foreign buyers find the country's products and services relatively cheaper, potentially boosting export volumes.
External Debt: Countries with significant external debt denominated in foreign currencies may face increased repayment burdens when their domestic currency depreciates. Servicing debt in stronger foreign currencies becomes more expensive.
Inflation: Depreciation can contribute to inflationary pressures by increasing the cost of imported goods and raw materials.
5. Effects on the Indian economy
- Due to a substantial portion of India's imports being priced in dollars, these imports will become more expensive.
- An illustrative example is the higher cost associated with the crude oil import bill. The increased expense of imports, in turn, will contribute to the expansion of the trade deficit and the current account deficit.
- This, in consequence, will exert pressure on the exchange rate. On the export side, the situation is more complex, as noted by Sen.
- In bilateral trade, the rupee has strengthened against many currencies. In exports conducted in dollars, the impact is contingent on factors such as how much other currencies have depreciated against the dollar.
- If the depreciation of other currencies against the dollar is greater than that of the rupee, the overall effect could be negative.
6. Way forward
Defending the rupee will simply result in India exhausting its forex reserves over time because global investors have much bigger financial clout. Most analysts believe that the better strategy is to let the rupee depreciate and act as a natural shock absorber to the adverse terms of trade
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For Prelims: Inflation, Deflation, Depreciation, Appreciation
For Mains: General Studies III: How does Depreciation of rupee affect Indian economy
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Previous Year Questions
1. Which one of the following groups of items is included in India's foreign exchange reserves? (UPSC CSE 2013)
A.Foreign-currency assets, Special Drawing Rights (SDRs) and loans from foreign countries B.Foreign-currency assets, gold holdings of the RBI and SDRs
C.Foreign-currency assets, loans from the World Bank and SDRs
D.Foreign-currency assets, gold holdings of the RBI and loans from the World Bank
Answer (B)
2.Which one of the following is not the most likely measure the Government/RBI takes to stop the slide of Indian rupee? (UPSC CSE 2019)
A.Curbing imports of non-essential goods and promoting exports
B.Encouraging Indian borrowers to issue rupee-denominated Masala Bonds
C.Easing conditions relating to external commercial borrowing
D.Following an expansionary monetary policy
Answer (D)
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Source:indianexpress
