Editorial #1 Sambhal and the perils of judicial evasion
Judicial Evasion and the Sambhal Masjid Case: A UPSC Perspective
In a 2005 paper on “judicial inactivism,” legal scholar Chad M. Oldfather underscored the critical duty of courts to adjudicate disputes, highlighting how judicial inaction can have consequences as significant as overreach. He observed that judicial failures to meet their minimum obligations are often harder to detect, making “judicial inactivism” even more worrisome. This perspective resonates with the Supreme Court of India’s handling of the Sambhal Masjid case in Uttar Pradesh, an instance of judicial deferment that has critical implications for India’s constitutional and social fabric.
The Sambhal Masjid Case: An Overview
In the Sambhal case, the Supreme Court directed the civil court to freeze proceedings and put on hold actions based on a survey conducted at the mosque. It relegated the petitioner, the Sambhal Shahi Jama Masjid Committee, to the Allahabad High Court while suggesting alternative legal remedies and requesting peace and harmony. While the November 29, 2023, order provided temporary relief amid escalating tensions, the lack of a decisive stance raises concerns. Such judicial evasions often perpetuate uncertainties and undermine faith in the judiciary as the ultimate arbiter of justice.
The case also underscores a larger judicial reluctance to engage with the Places of Worship (Special Provisions) Act, 1991, a law aimed at preserving the religious character of places of worship as they stood on August 15, 1947. The Act prohibits legal challenges or conversions of religious sites post-1947, except in the Ram Janmabhoomi-Babri Masjid case. Section 6 of the Act criminalizes violations, imposing up to three years of imprisonment. By deferring judgment, the Supreme Court missed an opportunity to reaffirm this landmark legislation, which upholds the constitutional values of fraternity and secularism.
Judicial Precedents and Pattern of Deferment
The Sambhal case reflects a recurring trend of judicial inaction in politically sensitive matters. In Amit Sahni v. Commissioner of Police (2020), during the Shaheen Bagh protests against the Citizenship (Amendment) Act, the Supreme Court avoided ruling on the Act’s legality, opting instead to form a committee to mediate. Similarly, in Rakesh Vaishnav v. Union of India (2021), amid protests against contentious farm laws, the Court constituted an expert panel rather than addressing the constitutional questions. Both cases exemplify the Court’s failure to fulfill its adjudicative duty, leaving fundamental issues unresolved.
The Sambhal order mirrors this pattern, with the Court deferring on the validity of the 1991 Act despite its pivotal role in safeguarding India’s secular ethos. The Ayodhya judgment (2019) had underscored the Act’s importance, declaring it intrinsic to India’s secular state obligations and a reflection of the nation’s commitment to religious equality. However, the Supreme Court’s permission for a survey in the Gyanvapi Mosque Committee case (2023) contradicted this principle, further undermining the Act’s intent.
Implications for Constitutional Governance
Judicial evasion, particularly in cases with significant constitutional implications, can have far-reaching consequences. The Places of Worship Act was enacted to prevent communal tensions and ensure historical wrongs are not exploited for political gain. By not upholding this legislation decisively, the judiciary risks exacerbating societal divisions and eroding trust in the rule of law.
The Sambhal Masjid case is a glaring example of how judicial hesitation can embolden efforts to bypass parliamentary intent. Several civil suits challenging the origins of mosques are pending in lower courts, contravening the Act. A definitive ruling by the Supreme Court would have clarified the law and discouraged frivolous litigation. Such judicial assertiveness is critical to preserving the nation’s secular and constitutional values.
Conclusion and Way Forward
As the Supreme Court prepares for the December 12 hearing on the validity of the 1991 Act, it faces a pivotal moment to correct its course. Upholding the Act would reinforce the principles of secularism and fraternity enshrined in the Constitution. It would also send a strong message that judicial evasion has no place in matters that threaten the social fabric. The Court must prioritize its constitutional duty to adjudicate and restore public faith in the judiciary as the guardian of justice and democracy.
For UPSC aspirants, this case serves as a crucial study in judicial responsibility, constitutional values, and the interplay between the judiciary and legislative intent. It highlights the importance of judicial accountability in sustaining India’s democratic ethos and provides critical insights into the challenges of governance in a diverse society.
Value addition
Examples of Judicial Activism vs. Judicial Evasion
- Judicial Activism:
- Kesavananda Bharati Case (1973): Defended the Constitution’s Basic Structure.
- Vishaka Guidelines (1997): Established protections against workplace sexual harassment.
- Judicial Evasion:
- Shaheen Bagh Protests (2020) – Deflected core issues related to the Citizenship (Amendment) Act (CAA).
- Farm Laws Case (2021) – Deferred deciding on contentious farm laws by forming a committee.
Editorial #2 Ends without means
Ends Without Means: UGC Reforms and the Need for Resources
The Draft UGC (Minimum Standards of Instruction for the Grant of Undergraduate Degree and Postgraduate Degree) Regulations, 2024, introduces transformative proposals aimed at modernizing India’s higher education system. These reforms align with the objectives of the National Education Policy (NEP) 2020, focusing on flexibility, hybrid learning, and skill development. However, their effective implementation requires addressing critical systemic and financial challenges.
Key Provisions and Their Significance
- Bi-annual Admissions:
- Allows students greater flexibility in choosing their academic timeline.
- Facilitates alignment with global education systems that offer multiple entry points.
- Interdisciplinary Choice:
- Students from any stream can pursue UG/PG in a different discipline by clearing a qualifying exam.
- Promotes skill diversification and caters to evolving job market demands.
- Multiple Degrees and Course Customization:
- Students can pursue multiple degrees simultaneously and accelerate or extend courses based on their pace.
- Encourages personalization in education, fostering innovation and creativity.
- National Credit Framework (NCF):
- Enables students to earn and transfer credits across institutions, apprenticeships, and disciplines.
- Supports lifelong learning and aligns with the G-20 vision of global education connectivity.
- Autonomy for Institutions:
- Higher Education Institutions (HEIs) can set attendance requirements, promoting decentralization.
Challenges Hindering Implementation
- Infrastructure and Faculty Shortages:
- Many higher education institutions lack adequate infrastructure and trained faculty.
- The pupil-teacher ratio remains below global standards, with many institutions relying on ad-hoc staff.
- Underfunding:
- The Union Budget 2023-24 allocated 15% less to higher education compared to the previous year’s revised estimates, indicating a mismatch between ambition and resources.
- India’s expenditure on education (around 3% of GDP) is significantly below the global average of 4-6%.
- Regulatory Gaps:
- Existing regulations for affiliated colleges, which serve the majority of students, are not robust enough to support these reforms.
- Autonomous institutions may adapt more easily, creating inequalities in implementation.
- Resistance to Change:
- Traditional academic structures and administrative inertia resist groundbreaking initiatives like the Academic Bank of Credits (ABC).
- State governments often show initial compliance with reforms but may backtrack due to political and logistical challenges.
- Digital Divide:
- The emphasis on hybrid learning models may exclude students from rural or economically weaker backgrounds due to lack of internet access and digital devices.
International Comparisons and Best Practices
- United States: Institutions like community colleges provide seamless credit transfer options, promoting flexibility.
- European Union (EU): The Bologna Process harmonizes education standards across member countries, enabling credit transfers and interdisciplinary learning.
- South Korea: Strong investment in teacher training and digital infrastructure has enabled rapid adoption of education reforms.
India can draw lessons from these systems, particularly in creating robust digital and institutional frameworks to support reform implementation.
Ethical and Social Dimensions
- Equity in Education:
- Reforms must ensure access to quality education for marginalized communities, addressing regional and socio-economic disparities.
- The digital divide and underfunding in state-run institutions pose risks to inclusivity.
- Accountability and Governance:
- Decentralizing decision-making to HEIs must be balanced with accountability measures to prevent misuse of autonomy.
- Nation-Building:
- A skilled and flexible workforce aligned with global standards is critical to achieving India@100 goals, as envisioned in the NEP.
Policy Recommendations
- Increased Budgetary Allocation:
- Raise public spending on education to 6% of GDP, as recommended by the Kothari Commission (1966) and reiterated in the NEP 2020.
- Capacity Building:
- Invest in recruiting and training faculty to improve the student-teacher ratio.
- Strengthen digital infrastructure, especially in rural and semi-urban areas.
- Strengthening Regulatory Frameworks:
- Ensure robust guidelines for affiliated colleges to meet minimum standards of instruction.
- Streamline implementation processes to reduce bureaucratic delays.
- Public-Private Partnerships (PPP):
- Encourage private sector participation in infrastructure development and digital education platforms.
- Awareness and Stakeholder Engagement:
- Conduct workshops to familiarize stakeholders (students, faculty, administrators) with reforms like the Academic Bank of Credits and the National Credit Framework.
- Monitoring and Evaluation:
- Establish an independent body to monitor the implementation of UGC reforms and address challenges proactively.
Conclusion
The Draft UGC Regulations, 2024, offer a forward-looking vision for India’s higher education system, emphasizing flexibility, interdisciplinarity, and global alignment. However, systemic challenges, including underfunding, faculty shortages, and resistance to change, must be addressed to ensure success. A synergistic approach involving increased investment, capacity building, and stakeholder engagement is critical. These reforms, if effectively implemented, can transform India into a global education hub, aligning with its aspirations for Amrit Kaal and India’s G-20 presidency vision of inclusive and quality education.
Value Addition
- Case Studies:
- Success of hybrid learning models in states like Kerala.
- Role of PPP in initiatives like SWAYAM and DIKSHA platforms.
- Quotes for Essays:
- “An investment in knowledge pays the best interest.” — Benjamin Franklin
- “Education is the most powerful weapon you can use to change the world.” — Nelson Mandela
