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06 Nov 2024

A Positive Secularism: With UP Madarsa Verdict, Supreme Court Upholds Positive Secularism

Context

  • The Supreme Court’s ruling in Anjum Qadri vs Union of India has upheld the constitutionality of the Uttar Pradesh Madarsa Act, 2004, overruling the Allahabad High Court’s decision to strike it down.
  • This judgment has profound implications for madarsas (Islamic religious schools) and their students, providing clarity on the relationship between religious education and secularism, minority rights, and the state’s regulatory powers.
  • The Court's decision underscores critical aspects of constitutional law, focusing on the concepts of secularism, the right to religious education, and the regulation of educational institutions.

Background of the Case and the SC's Approach

  • Background of the Case
    • The Allahabad HC had previously ruled that the Madarsa Act, which regulates the functioning of madarsas in Uttar Pradesh, violated the principle of secularism enshrined in the Indian Constitution.
    • It argued that the Act, by requiring madarsas to comply with state education norms, interfered with their religious character.
    • The National Commission for Protection of Child Rights (NCPCR) also intervened, criticising the quality of education in madarsas.
    • The commission suggested that it violated the right to education under Article 21A, which mandates free and compulsory education for children aged 6-14.
  • Supreme Court’s Disagreement with High Court Ruling
    • The Supreme Court disagreed with High Court ruling, emphasising that the Basic Structure doctrine should be applied strictly to constitutional amendments rather than to ordinary laws such as the UP Madarsa Act.
      • The Basic Structure doctrine is a judicial principle that protects the fundamental framework of the Constitution.
    • As stated by former Chief Justice A.N. Ray, applying this doctrine too broadly could lead courts to essentially rewrite the Constitution, introducing an element of unpredictability.
    • Instead, CJI D.Y. Chandrachud argued that for ordinary legislation, judicial review should focus solely on legislative competence and consistency with fundamental rights, steering away from abstract concepts like secularism, democracy, and federalism.

A Detailed Analysis of Supreme Court’s Observations

  • Emphasis on Positive Secularism
    • One of the central themes of the judgment was the concept of secularism, a matter of considerable constitutional debate.
    • The Court reaffirmed the interpretation of secularism in the 1994 S R Bommai case, which had emphasised the positive aspect of secularism as equal treatment of all religions.
    • The court argued that by regulating and recognising madarsa education, the state was not undermining secularism but rather ensuring that minority communities have access to quality education, in line with their rights under Articles 25 to 30 of the Constitution.
      • Articles 25 to 30 of the Indian Constitution cover the Right to Freedom of Religion and certain Cultural and Educational Rights for minorities.
    • Secularism, in this view, is not about eliminating religious institutions but rather ensuring that all religious groups are treated equally and fairly under the law.
  • SC’s Comment on State’s Responsibility and Involvement in Maintaining Secularism
    • The judgment also underscored the idea that the state's involvement in religious education should aim at substantive equality.
    • The court pointed out that it is the state's responsibility to create an environment in which all citizens, regardless of religion, can access education of equal quality.
    • This perspective aligns with the broader constitutional commitment to equality, as enshrined in Articles 14 and 15.
      • Articles 14 and 15 of the Indian Constitution are part of the Right to Equality, ensuring that every individual is treated equally under the law.
    • The court rejected the notion that secularism required the complete separation of religion from education, recognising that religious education could coexist with secular education, provided it did not infringe on the rights of others.
  • Religious Rights and State Control over Minority Institutions
    • Another significant aspect of the judgment was its interpretation of Articles 26 and 30 of the constitution, which protect the rights of religious minorities to establish and manage educational institutions.
    • The court noted that madarsas, as institutions established for religious and charitable purposes, are entitled to state protection under Article 26.
    • However, it also clarified that the state has a legitimate interest in ensuring the quality of education provided in these institutions, especially given the obligations of Article 21A, which mandates compulsory education for children.
  • SC’s Comment on Autonomy Rights of Minority Institutions
    • The court acknowledged that while minority institutions, including madarsas, are entitled to autonomy, this right is not absolute.
    • The state can regulate these institutions to ensure that the education they provide meets certain standards.
    • However, such regulation cannot infringe upon the fundamental character of the institution as a religious body.
    • In this context, the judgment cited previous rulings that stressed the need to balance the right to manage religious institutions with the state’s duty to ensure that education in these institutions adheres to minimum standards.

SC’s Observation on Challenges to Madarsa Education and Recognition of Degrees

  • Comment on Criticism of the Quality of Madarsa Education
    • The judgment also addressed the criticism that madarsa education is of poor quality, particularly in comparison to secular institutions.
    • The court pointed out that the state’s obligation to ensure quality education under Article 21A applies universally, including to madarsas.
    • However, the Court rejected the argument that madarsas violate this right merely because their education is religious in nature.
    • It emphasised that religious education is distinct from religious instruction, and the Constitution allows for the former within the framework of minority institutions.
  • Observation on Recognition of Madarsa Degrees
    • Despite recognising the value of madarsa education, the Court did note the challenge regarding the non-recognition of degrees like Fazil and Kamil under the UP Madarsa Act.
    • These degrees, which are issued by madarsas, are not recognised by the University Grants Commission (UGC) Act of 1956, leading to limitations for madarsa graduates in accessing mainstream higher education.
    • However, the Court suggested that such degrees should not be an obstacle for madarsa graduates pursuing courses in theology or Islamic studies at universities, as recognition of these degrees does not inherently undermine the standards of higher education.

Significance of the Supreme Court’s Ruling: Upholding the Concept of Positive Secularism

  • Positive secularism is a concept that involves the state actively promoting religious harmony and respect for all religions, while not separating religion from the state altogether.
  • This ruling emphasises the importance of balancing the rights of minority religious groups with the state’s duty to provide equal and quality education to all citizens.
  • While the judgment provides relief to madarsa students and institutions, it also sets the stage for ongoing discussions about the role of religious education in a secular state and the need for regulatory frameworks that respect both religious freedom and educational standards.
  • The case exemplifies the complex relationship between secularism, religious rights, and the state’s role in ensuring that all citizens, regardless of their religious background, have access to education that meets constitutional and legal requirements.

Conclusion

  • The Supreme Court's judgment in the Anjum Qadri case has reinforced the constitutional principles of equality, religious freedom, and the state's duty to regulate educational standards.
  • By upholding the UP Madarsa Act, the Court affirmed that madarsas, as religious institutions, have the right to impart education within the boundaries set by the Constitution.
  • However, it also acknowledged the state's responsibility to ensure that this education meets certain standards of quality.
Editorial Analysis

Current Affairs
Nov. 6, 2024

What is the International Energy Agency (IEA)?
The global market for clean energy technologies is set to rise from $700 billion in 2023 to more than $2 trillion by 2035 – close to the value of the world’s crude oil market in recent years, says a first-of-its-kind study by the International Energy Agency (IEA).
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About International Energy Agency (IEA):

  • It is an autonomous intergovernmental organisation within the Organisation for Economic Co-operation and Development (OECD) framework.
  • Mission: It works with governments and industry to shape a secure and sustainable energy future for all.
  • Background:
  • It was created in response to the 1973-1974 oil crisis when an oil embargo by major producers pushed prices to historic levels and exposed the vulnerability of industrialised countries to dependency on oil imports. 
  • It was founded in 1974 to ensure the security of oil supplies.
  • IEA’s mandate has expanded over time to include tracking and analyzing global key energy trends, promoting sound energy policy, and fostering multinational energy technology cooperation.
  • It is the global energy authority, providing data, analysis, and solutions on all fuels and all technologies. 
  • In recent years, the IEA has also focused on renewable energy and initiatives focused on environmental protection and stopping climate change.
  • Membership: It is made up of 31 member countries, 13 association countries, and 5 accession countries.
  • Criteria for membership: A candidate country to the IEA must be a member country of the OECD. In addition, it must demonstrate several requirements.
    • Crude oil and/or product reserves equivalent to 90 days of the previous year’s net imports, to which the government has immediate access (even if it does not own them directly) and could be used to address disruptions to global oil supply;
    • A demand restraint programme to reduce national oil consumption by up to 10%;
    • Legislation and organisation to operate the Co-ordinated Emergency Response Measures (CERM) on a national basis;
    • Legislation and measures to ensure that all oil companies under its jurisdiction report information upon request;
    • Measures are in place to ensure the capability of contributing its share of an IEA collective action.
  • India joined this organization in 2017 as an Associate member.
  • Reports published by IEA: World Energy Outlook, World Energy Balances, Energy Technology Perspectives, World Energy Statistics and Net Zero by 2050.
Economy

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What is the Visible Emission Line Coronagraph (VELC)?
Scientists at the Indian Institute of Astrophysics (IIA) Bengaluru recently reported the “first significant” results from the Visible Emission Line Coronagraph (VELC) payload onboard the ADITYA-L1 Mission.
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About Visible Emission Line Coronagraph (VELC):

  • It is the primary payload of the Aditya-L1 Mission-India’s first mission to observe the Sun from a vantage point 1.5 million kilometres from the Earth.
  • It is an internally occulted solar coronagraphcapable of simultaneous imaging, spectroscopy, and spectro-polarimetry close to the solar limb.
  • It is built by the Indian Institute of Astrophysics (IIA) at its CREST (Centre for Research and Education in Science and Technology) campus at Hosakote, Karnataka.
  • The VELC consists of a coronagraph, spectrograph, polarimetry module, and detectors, aside from auxiliary optics.
  • Purpose:
  • It will observe the solar corona, which is the tenuous, outermost layer of the solar atmosphere. 
  • VELC can image the solar corona down to 1.05 times the solar radius, which is the closest any such payload has imaged.
  • It will analyze the coronal temperature, plasma velocity, density, etc.
  • It will also study Coronal Mass Ejections (CMEs) and the solar wind. 

What is a Coronagraph?

  • It is a specialized instrument designed to block out the light of the sun so that researchers can glimpse the burning star's hot, thin, outermost layer, called the corona
  • The French astronomer Bernard Lyot invented the coronagraph in the 1930s.
  • The sun's corona is normally visible only during solar eclipses when the moon's shadow covers the bright central layers of our parent star and allows its dimmer corona to appear.
  • A coronagraph mimics this natural phenomenon with a circular mask that sits inside a telescope and selectively blocks the bulk of the sun's light.
  • The specialized coronagraphs act as filters on the central star, allowing the tiny fragments of planetary light to shine through.
Science & Tech

Current Affairs
Nov. 6, 2024

Common Cat Snake
The elusive common cat snake was recently discovered in the Valmiki Tiger Reserve, Bihar.
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About Common Cat Snake:

  • Common Cat Snake, also known as Indian gamma snake, is a species of rear-fanged snake endemic to South Asia.
  • Scientific Name: Boiga trigonata
  • In India, it is found all over the country, excluding north-east states after Sikkim; it is also, not found in Indian islands.
  • Habitat: It can be found in almost all kinds of forests and wide ranges of elevations.
  • While venomous, the Common Cat Snake's venom is not considered highly dangerous to humans. It primarily uses its venom to subdue prey.
  • Features:
    • It is a medium-sized snake that is usually found in the 70-100 cm range.
    • Its body is slender, thin, and bears a thin tail.
    • Its upper body colour is grey-brown, with cream-coloured irregular markings, margined with black colour.
    • Its underside is yellow-white or yellow-brown.
    • Its head is large, triangular-shaped, and distinctly broader than the neck. 
    • Unlike other cat snakes of its range, this species bears characteristic “gamma” or “Y”-shaped marking that helps in its quick identification on the field.  
    • Lifespan: 12-20 years
    • Diet: It primarily consists of small vertebrates.
  • IUCN Red List: Least Concern
Environment

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Nov. 6, 2024

What is Minuteman III Missile?
The US army would be carrying out a test launch of a Minuteman III hypersonic nuclear missile hours after voting close on Election Day.
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About Minuteman III Missile:

  • The LGM-30G Minuteman III is an American Intercontinental Ballistic Missile (ICBM).
  • "L" in LGM is the US Department of Defense designation for silo-launched; "G" means surface attack; and "M" stands for guided missile.
  • It first became operational in the early 1970s. 
  • It is the sole land-based component of the U.S. nuclear triad.
  • It was designed and manufactured by the Boeing Corporation. 
  • Originally, it was only supposed to be kept in service for about ten years, but instead, it has been modernized as its replacement, the Ground-Based Strategic Deterrent (GBSD), is due to become available for use in 2029.
  • It was the first U.S. missile fitted withmultiple independently targetable re-entry vehicles (MIRVs).
  • The United States currently has an estimated 440 Minuteman III missiles in its arsenal.
  • Features:
    • It is a three-stage, solid-fuel missile.
    • The missile is 18.2 m long with a diameter of 1.85 m and a launch weight of 34,467 kg.
    • Speed: Approximately 15,000 mph (Mach 23 or 24,000 kph) at burnout (Hypersonic).
    • It has a maximum range of 13,000 km and is capable of carrying a payload of three re-entry vehicles.
    • It now carries a single nuclear warheadpursuant to arms control agreements between the United States and Russia. 
    • The Minuteman missiles are dispersed in hardened silos and connected to an underground launch control center through a system of hardened cables. 
    • It has a fast launch time, nearly 100 percent testing reliability, and backup airborne launch controllers to preserve retaliatory capabilities.
Science & Tech

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Key Facts about Vitamin D
Scientists have made some notable discoveries about how Vitamin D deficiency early in life can trigger problems with the body's immune system.
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About Vitamin D:

  • Vitamin D (also referred to as calciferol) is a fat-soluble vitamin that is naturally present in a few foods, added to others, and available as a dietary supplement.
  • It is also produced endogenously when ultraviolet (UV) rays from sunlight strike the skin and trigger vitamin D synthesis.
  • During periods of sunlight, vitamin D is stored in fatand then released when sunlight is not available.
  • Foods that naturally have vitamin D include egg yolks, saltwater fish, and liver.
  • Why is vitamin D so important?
    • Vitamin D promotes calcium absorption and helps maintain adequate levels of calcium and phosphorus in the blood, which is necessary for healthy bones and teeth.
    • Without sufficient vitamin D, bones can become thin, brittle, or misshapen.
    • Vitamin D also plays a role in your nervous system, musculoskeletal system, and immune system.
  • Vitamin D Deficiency:
    • A lack of vitamin D can lead to bone diseases such as osteoporosis or rickets. Osteoporosis is a disease in which your bones become weak and are likely to fracture (break).
    • With chronic and/or severe vitamin D deficiency, a decline in calcium and phosphorus absorption by your intestines leads to hypocalcemia(low calcium levels in your blood). 
    • This leads to secondary hyperparathyroidism (overactive parathyroid glands attempting to keep blood calcium levels normal).
    • Both hypocalcemia and hyperparathyroidism, if severe, can cause symptoms, including muscle weakness and cramps, fatigue, and depression.
Science & Tech

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Nov. 6, 2024

IL-35 Protein
Scientists at the Institute of Advanced Study in Science and Technology (IASST) in Guwahati, an autonomous institute under the Department of Science and Technology, have discovered a specific protein IL-35 that can aid in new treatments for type I and autoimmune diabetes mellitus.
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About IL-35 Protein:

  • It is a specific protein of IL-12α and IL-27β chains.
  • It helps protect against type 1 and autoimmune diabetes.
  • It regulates macrophage activation, T-cell proteins and regulatory B cells.
  • It inhibited pancreatic beta cell-attacking immune cells. Additionally, IL-35 lowered particular immune cells that produce inflammatory chemicals, reducing pancreatic cell infiltration, a key contributor in type 1 diabetes and autoimmune diabetes mellitus.

What is autoimmune diabetes mellitus?

  • Autoimmune diabetes mellitus or T1DM is an organ-specific autoimmune disease.
  • It affects the insulin-producing pancreatic beta cells after an inflammatory process, leading to a chronic deficiency of insulin in genetically susceptible individuals.
  • It ultimately results in lifelong dependence on exogenous insulin.
  • It is a complex multifactorial diseasein which both genetic susceptibility and environmental factors promote the autoimmune responses against beta cells.
  • Several environmental risk factors have been suggested as candidate triggers of islet autoimmunity, including certain viruses higher birthweight, infant weight gain, dysbiosis of the gut microbiota and various dietary factors (e.g., vitamin D deficiency, omega-3 fatty acid deficiency, high milk consumption) 
  • There are no preventive or immunosuppressive therapies that can prevent damage or disease manifestations.
Science & Tech

Current Affairs
Nov. 6, 2024

PM Vishwakarma Yojana
More than two million applications have been successfully registered under the PM Vishwakarma scheme which was launched in 2023.
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About PM Vishwakarma Yojana:

  • It is a central sector scheme launched by the Ministry of Micro, Small, and Medium Enterprises.
  • It offers services like market linkage support, skill training, and incentives for digital transactions to artisans and craftspeople engaged in specified trades.
  • Time period: Five years (FY 2023-24 to FY 2027-28). 
  • Aim: 
    • To strengthen and nurture the Guru-Shishya parampara, or family-based practice of traditional skills by artisans and craftspeople working with their hands and tools. 
    • The scheme also aims at improving the quality as well as the reach of the products and services of artisans and craftspeople and to ensure that the Vishwakarmas are integrated with the domestic and global value chains.

Eligibility& coverage:

  • It is available for rural and urban artisans and craftsmen across India.
  • It covers 18 traditional crafts such as Boat Maker; Armourer; Blacksmith; Hammer and Tool Kit Maker; etc.
  • Five lakh families will be covered in the first year and 30 lakh families over five years.

Key Benefits

  • Enhanced Access to Tooling Facilities: Improves MSMEs' access to tooling resources, boosting their efficiency and productivity.
  • Industry-Ready Manpower:Provides training programs to equip participants with skills that meet industry standards.
  • Support for Process and Product Development:Facilitates development initiatives within relevant sectors to enhance competitiveness.
  • Consultancy and Job Work Services:Offers tailored consultancy and job work to address the specific needs of various industries.
Polity & Governance

Current Affairs
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Proba-3 Mission
Recently, the Union Minister of Science and Technology said that India will launch the European Space Agency's Proba-3 mission early next month from the spaceport at Sriharikota.
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About Proba-3 Mission:

  • It is the European Space Agency's (ESA) first mission dedicated to precision formation flying.
  • It is an innovative mission which will demonstrate precision formation flyingbetween two satellites to create an artificial eclipse, revealing new views of the Sun’s faint corona.
  • The core objective of the mission is to create an artificial eclipse by precisely coordinating two independent satellites. This capability will enable scientists to observe the Sun's corona, a region typically obscured by the intense brightness of the Sun. 
  • It consists of two small satellites — a Coronagraph spacecraft and a solar-disc-shaped Occulter spacecraft.
  • Working
    • By flying in tight formation about 150 metres apart, the Occulter will precisely cast its shadow onto the Coronagraph’s telescope, blocking the Sun’s direct light.
    • This will allow the Coronagraph to image the faint solar corona in visible, ultraviolet and polarised light for many hours at a time.
    • It will provide new insights into the origins of coronal mass ejections(CMEs) — eruptions of solar material that can disrupt satellites and power grids on Earth.
    • The mission will also measure total solar irradiance, tracking changes in the Sun’s energy output that may influence Earth’s climate.
Science & Tech

Current Affairs
Nov. 6, 2024

Exercise VINBAX 2024
The Exercise “VINBAX 2024” is scheduled to be conducted from 04 to 23 November 2024 at Ambala and Chandimandir.
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About Exercise VINBAX 2024:

  • It is a bilateral army exercise conducted between India and Vietnam.
  • This edition marks a significant increase in the scope with Bi Service level participation for the first time by personnel of Army and Air Force from both the countries.
  • The Indian Army contingent comprising 47 personnel is being represented by a Regiment of the Corps of Engineers along with personnel from other arms and services.
  • VINBAX-2024 aims to enhance the joint military capability of both sides in the employment and deployment of Engineer Companies and Medical Teams to undertake engineering tasks as part of the United Nations Contingent in Peace peacekeeping operations under Chapter VII of the United Nations Charter.
  • The conduct of VINBAX-2024 as a field training exercise with enhanced scope from previous editions of bilateral exercise will strengthen mutual confidence, interoperability and enable sharing of best practices between the Indian Army and Vietnam People’s Army. 
  • A 48 hours Validation Exercise with Humanitarian Assistance & Disaster Relief demonstration and equipment display is also part of the schedule to assess the standards achieved by both contingents
  • The joint exercise will also provide an opportunity to the troops of both the Contingents to learn about the social and cultural heritages of each other.
Source : PRESS RELEASE
Science & Tech
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