CONTENTS
- Supreme Court Sets Limits on Government Power Over Private Property
- Supreme Court Upholds Hindu Succession Act, Emphasizes Cultural Norms Over Gender Inequality
- China’s Belt and Road Initiative (BRI)
- PM Vishwakarma Yojana
- Airships
Supreme Court Sets Limits on Government Power Over Private Property
Context:
In the recent Property Owners Association v State of Maharashtra Case 2024, the Supreme Court set precedents limiting governmental authority to take over private resources for public distribution. The petitioners contended that private properties should not be appropriated by the state under the pretext of implementing constitutional schemes referenced in Articles 39(b) and 31C of the Constitution.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Key Highlights of the Supreme Court Verdict
- The Evolution of the Right to Property in India
- Significance of the Supreme Court’s Judgment
Key Highlights of the Supreme Court Verdict
- Selective State Acquisition
- The court specified that only resources that are scarce or crucial to the community’s well-being are eligible for state acquisition, rather than all private properties.
- Guidance from Public Trust Doctrine
- Decisions on what qualifies for state acquisition may be informed by the “public trust doctrine,” which posits that the state manages certain resources as a trustee for the public.
- Criteria for Acquisition
- The court established two essential tests for a resource to qualify for acquisition: it must be “material” and must “belong to or serve the community.”
- Case-by-Case Assessment
- The materiality of a resource and its significance to the community must be evaluated individually, emphasizing a tailored approach to each scenario.
- Definition of Materiality
- Materiality is defined as the significance of resources like land, minerals, or water, and their impact on economic, social, and environmental aspects.
- Reversal of Previous Judgments
- The verdict overturns the 1982 Sanjeev Coke ruling, which itself had upheld the 1977 Ranganath Reddy case. This earlier case broadly classified all private property as “material resources of the community,” a stance the court now rejects.
- Dissenting Opinion
- Justice Sudhanshu Dhulia dissented, advocating for broader legislative freedom in defining what constitutes “material resources” of the community.
- Interpretation of Article 39(b)
- The court cautioned against an expansive interpretation of Article 39(b) of the Constitution, which could potentially infringe upon property rights protected under Article 300A.
- Protection of Property Rights
- Article 300A ensures that no person shall be deprived of their property except by the authority of law, reinforcing legal safeguards against arbitrary property seizure.
- Conversion of Private Resources
- The Supreme Court delineated five methods through which private resources can be transformed into community resources: nationalization, acquisition, operation of law, purchase by the state, and donation by the owner.
The Evolution of the Right to Property in India:
Pre-44th Constitutional Amendment (Before 1978):
- Article 19(1)(f) and Article 31 of Part III of the Indian Constitution guaranteed the right to purchase, possess, and dispose of property, and safeguarded against deprivation of property.
- Article 31 provided an absolute right against deprivation of property, limiting the state’s ability to acquire movable property in the public interest due to its status as a fundamental right.
The 44th Constitutional Amendment:
- Abolished Article 19(1)(f) and Article 31, replacing them with a modified version, Article 300-A.
- This transformed the right to property from a fundamental right to a legal/constitutional right.
Provisions of Article 300-A:
- Article 300-A states that “no person shall be deprived of his property except by authority of law,” granting the government authority to seize property for the general welfare.
Court Interpretations of Article 300-A:
- The Madhya Pradesh High Court (2022) emphasized that property acquisition laws must be legitimate, and state acquisition must benefit the public.
- In Vidya Devi v. the State of Himachal Pradesh (2022), the Supreme Court ruled that even government authorities in a welfare state cannot seize property without following legal procedures.
- In Vimlaben Ajitbhai Patel vs. Vatslaben Ashokbhai Patel, the Supreme Court affirmed that while no longer a fundamental right, the right to property remains a human right.
Significance of the Supreme Court’s Judgment
- Balanced State Power
- Maintains the possibility of state intervention in economic matters.
- Prohibits unchecked governmental acquisition of private assets.
- Support for Economic Democracy
- Reflects Dr. B.R. Ambedkar’s vision by ensuring flexibility in economic governance.
- Allows citizens the freedom to define their own economic and social systems, in line with democratic principles.
- Directive Principles and Modern Realities
- Stresses that policies should adhere to the Directive Principles, specifically Article 39(b), adapting to contemporary social and economic conditions.
- Avoids enforcing a stagnant economic ideology, advocating for responsive and progressive governance.
- Democratic Influence on Economic Policies
- Confirms the crucial role of democratically elected bodies in developing economic and welfare strategies.
- Suggests that future policies should focus on effectively managing vital resources through precise and thoughtful measures like progressive taxation and specialized public programs.
-Source: Hindustan Times
Supreme Court Upholds Hindu Succession Act, Emphasizes Cultural Norms Over Gender Inequality
Context:
The Supreme Court recently upheld the inheritance provisions of the Hindu Succession Act, 1956 (HSA), focusing on cultural norms and legislative consistency. This decision comes in the wake of several petitions that challenged the Act’s validity, advocating for equal treatment of men and women in matters of inheritance.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Supreme Court’s Observations on Inheritance
- Hindu Succession Act, 1956
Supreme Court’s Observations on Inheritance
The Supreme Court of India has made several critical observations regarding inheritance laws, especially in the context of a woman’s rights and responsibilities after marriage. These observations provide insights into the court’s approach to balancing traditional values with contemporary legal principles.
Key Observations:
- Integration into Husband’s Family: The Supreme Court highlighted that upon marriage, a woman traditionally integrates into her husband’s family, gaining corresponding rights to inheritance within that family structure.
- Beyond Gender Equality: The court noted that while gender equality is crucial, inheritance laws should also consider broader cultural and societal values, implying that these laws are not solely about equality but also about familial and societal continuity.
- Cultural Underpinnings of Hindu Inheritance: The court pointed out that Hindu inheritance practices are deeply embedded in cultural values, which often dictate that parents of a married woman should not interfere with her inheritance affairs, especially concerning properties inherited from her husband’s family.
- Ancestral Lineage and Property Return: Upholding what it termed a “scientific and logical” framework, the court maintained that property acquired by a woman from her parents or in-laws should revert to the source family in the absence of direct heirs, thus preserving an ancestral lineage-based property distribution.
- Role of Legislation: The Supreme Court stressed that any modifications to inheritance laws should be the purview of Parliament, as these laws impact the broader society and should reflect widespread societal consensus rather than judicial intervention in specific cases.
- Autonomy in Property Distribution: The court reinforced that a woman has the autonomy to decide how her property is distributed after her death through a will, emphasizing the importance of individual rights within the framework of existing legal norms.
- Recommendations for Equal Rights: Notably, the court acknowledged recommendations for equal inheritance rights from significant bodies like the 174th Law Commission Report (2000) and the National Commission for Women. However, it recognized that the implementation of such reforms depends on the collective will of the states and Union Territories, reflecting the diverse legal and cultural landscapes across India.
Hindu Succession Act, 1956
- Scope and Applicability: The Hindu Succession Act, 1956 is a codified law that governs the succession and inheritance of property among Hindus. It applies to individuals who are not Muslims, Christians, Parsis, or Jews. Buddhists, Sikhs, Jains, and followers of Arya Samaj and Brahmo Samaj are also considered Hindus under this law.
- Male-Centric Tradition: Traditionally, the law recognized only male descendants as legal heirs in a joint Hindu family, along with their mothers, wives, and unmarried daughters. They held the family property jointly.
- Amendment in 2005: The Act was amended in September 2005 to grant equal rights to women as coparceners. Section 6 of the Act was amended to make daughters of coparceners coparceners by birth, with the same rights and liabilities in the ancestral property as sons.
- Class I Heirs: The Act categorizes relatives into different classes of heirs. Class I heirs include the deceased’s children, grandchildren, and their respective mothers. If there are no Class I heirs, the property passes to Class II heirs, which include the father, son’s daughter’s son, brother, sister, father’s widow, brother’s widow, etc.
- Testamentary Succession: The Act recognizes testamentary succession, allowing individuals to dispose of their property through a valid will, subject to legal requirements and restrictions.
- Rights of Widows: The Act acknowledges the rights of widows to inherit property from their deceased husbands. A widow has a share in the property left by her husband, along with other legal heirs.
-Source: Hindustan Times
China’s Belt and Road Initiative (BRI)
Context:
Despite having strong economic ties with China, Brazil has opted not to join China’s Belt and Road Initiative (BRI), making it the second BRICS nation to make this choice after India.
Relevance:
GS II: International Relations
Dimensions of the Article:
- The Belt and Road Initiative (BRI)
- India’s Stance on the Belt and Road Initiative (BRI)
- Issues Concerning the Belt and Road Initiative (BRI)
The Belt and Road Initiative (BRI)
- The Belt and Road Initiative (BRI) is a comprehensive development strategy launched in 2013 with the goal of enhancing global connectivity and cooperation.
- Initially named ‘One Belt, One Road,’ it was later rebranded as the BRI to emphasize inclusivity and openness rather than Chinese dominance.
Components of BRI:
- The BRI consists of two primary components:
- Silk Road Economic Belt: This focuses on improving overland transportation routes, infrastructure, and trade links across Eurasia.
- Maritime Silk Road: Emphasizes maritime connections, including ports, shipping routes, and maritime infrastructure projects, extending from the South China Sea through Indo-China, Southeast Asia, the Indian Ocean, and reaching Africa and Europe.
Objective:
- The primary objective of the BRI is to enhance international connectivity by improving infrastructure, trade, and economic cooperation.
- It encompasses a wide range of projects, including the development of railways, ports, highways, and energy infrastructure.
Geographic Corridors:
- The land-based Silk Road Economic Belt includes six key development corridors:
- China-Pakistan Economic Corridor (CPEC)
- New Eurasian Land Bridge Economic Corridor
- China-Indochina Peninsula Economic Corridor
- China-Mongolia-Russia Economic Corridor
- China-Central Asia-West Asia Economic Corridor
- China-Myanmar Economic Corridor
Economic Impact:
- Participation in the BRI has led to increased trade and investments with China for the involved countries.
- Trade with BRI partners experienced an annual growth rate of 6.4%, reaching USD 19.1 trillion between 2013 and 2022.
India’s Stance on the Belt and Road Initiative (BRI)
Opposition Based on Sovereignty and Transparency:
- India opposes the BRI project primarily due to concerns related to sovereignty and transparency.
- India chose to boycott BRI summits organized by China in 2017 and 2019 and refrained from endorsing BRI joint statements issued by the Shanghai Cooperation Organisation (SCO).
Objection to CPEC and PoK:
- India’s primary objection to the BRI is the inclusion of the China-Pakistan Economic Corridor (CPEC), which traverses through Pakistan-occupied Kashmir (PoK), a territory claimed by India.
- India asserts that PoK is an integral part of its territory.
Call for International Norms and Financial Sustainability:
- India emphasizes the need for BRI projects to adhere to international norms, uphold the rule of law, and ensure financial sustainability.
- India is concerned about the potential creation of debt traps, as well as environmental and social risks for the countries hosting BRI projects.
Promotion of Alternative Initiatives:
- Instead of participating in the BRI, India has been actively promoting alternative connectivity initiatives.
- One such initiative is the Partnership for Global Infrastructure and Investment (PGII), a G7 effort aimed at funding infrastructure projects in developing nations.
Issues Concerning the Belt and Road Initiative (BRI)
Debt Sustainability and Transparency:
- One of the primary issues associated with the BRI is the debt sustainability and transparency of its projects, especially in countries with weak governance, high corruption, and low credit ratings.
- Accusations of “debt-trap diplomacy” have arisen, with critics suggesting that countries like Sri Lanka and Zambia, unable to repay BRI-related loans, have faced pressure to surrender strategic assets or make political concessions.
Decentralized and Bilateral Nature:
- The BRI consists of primarily bilateral projects rather than a centralized, multilateral initiative. This decentralized approach can lead to coordination and governance challenges.
- Unlike initiatives like the Asian Infrastructure Investment Bank (AIIB), the BRI lacks a centralized governing structure, making collective issue resolution challenging.
Geopolitical Rivalries and Disputes:
- Geopolitical rivalries and disputes, such as the India-China border dispute, have had repercussions on the implementation of BRI projects in certain regions.
- Political tensions can undermine the progress of the initiative, affecting project timelines and outcomes.
Environmental and Social Impacts:
- BRI infrastructure development projects have faced criticism regarding their potential environmental and social impacts.
- The challenge is to ensure that BRI projects prioritize environmental sustainability and consider the well-being of local communities.
Geopolitical Concerns and Influence:
- The BRI has raised geopolitical concerns, especially regarding China’s growing influence and control over critical infrastructure in partner countries.
- These concerns have led some countries to reevaluate their participation in the initiative and seek to balance their interests.
-Source: The Hindu
PM Vishwakarma Yojana
Context:
Since the launch of the PM Vishwakarma Yojana in 2023, it has made significant strides in supporting traditional craftspeople and artisans across the country. – a substantial number of applications, with a large portion successfully completing the multi-step registration process.
Relevance:
GS II: Government Policies and Interventions
Dimensions of the Article:
- Vishwakarma Yojana: Empowering Artisans and Craftsmen
- Empowering Rural Women: The Lakhpati Didi Scheme
Vishwakarma Yojana: Empowering Artisans and Craftsmen
- The Vishwakarma Yojana is an innovative initiative aimed at uplifting skilled traditional craftsmen, particularly from the Other Backward Classes (OBC) community.
- This scheme is named after Vishwakarma, the divine architect and craftsman, and aims to perpetuate the guru-shishya parampara or teacher-pupil tradition within artisan families.
Key Features:
Recognition and Identity:
- Artisans and craftsmen enrolled in the scheme will be granted a PM Vishwakarma certificate and an official identity card.
Financial Support:
- Beneficiaries are eligible for collateral-free credit support of up to ₹1 lakh (first tranche) and ₹2 lakh (second tranche) at a concessional interest rate of 5%.
Budget Allocation:
- The Vishwakarma Yojana has been allocated a budget ranging from ₹13,000 crore to ₹15,000 crore for five financial years from 2023-2024 to 2027-2028.
Skill Training and Tools:
- The scheme offers a stipend of ₹500 for skill training and ₹1,500 for the acquisition of modern tools.
Diverse Traditional Trades:
- Encompassing both rural and urban areas, the scheme covers 18 traditional trades such as carpentry, boat-making, blacksmithing, pottery, sculpting, cobbling, tailoring, and more.
Registration Process:
- Registration for the Vishwakarma Yojana can be completed at common services centers situated in villages.
Collaborative Support:
- While the central government provides funding, collaboration with state governments is also sought for the successful implementation of the scheme.
Market Integration:
- A significant goal of the scheme is to seamlessly integrate artisans into domestic and global value chains, opening doors to improved market access and opportunities.
-Source: The Hindu
Airships
Context:
Recently, a few companies are attempting to control the buoyancy of airships — a longstanding challenge that has prevented their use for cargo transportation.
Relevance:
Facts for prelims
Overview of Airships
Airships are a type of lighter-than-air aircraft that have played a unique role in the history of aviation. These vertical-lift vehicles achieve flight through the use of buoyant gases, such as helium or hydrogen, which are less dense than the surrounding air. Known for their distinctive bullet-shaped design, airships were once considered the future of aerial travel in the early 20th century.
Types of Airships
- Non-rigid Airships (Blimps): These airships lack an internal structural framework and maintain their shape only when fully inflated.
- Semi-rigid Airships: These feature some form of structural support but rely largely on gas pressure to maintain their shape.
- Rigid Airships: Constructed with a complete metal framework, rigid airships maintain their shape regardless of the gas pressure within.
Components of Airships
- Hull: The large balloon-like body of the airship, traditionally filled with a lifting gas.
- Gondola: The cabin attached to the underside of the hull where passengers and crew are carried.
- Propulsion System: Includes engines and rudders that control the airship’s movement and direction.
How Airships Work
The principle of flight for airships is similar to that of a helium balloon. The key to their buoyancy lies in using a gas that is lighter than the air around them:
- Hydrogen: Initially favored for its lightness and ease of production, hydrogen’s highly flammable nature made it a risky choice.
- Helium: Now the preferred choice due to its non-combustible properties, although more expensive and less readily available than hydrogen.
Current Uses and Advantages
Despite their decline in general transportation, airships still find niche applications across various sectors:
- Advertising: Often used as flying billboards due to their size and slow flight capabilities.
- Aerial Observation: Utilized by scientists for environmental research and by military forces for surveillance due to their ability to hover and provide stable platforms.
- Tourism: Offers unique leisure experiences, giving tourists a slow-moving panoramic view of landscapes.
Environmental Impact
- Reduced Pollution: Airships are considered eco-friendlier than airplanes as they do not require large amounts of fossil fuels to stay aloft. Their operation leads to significantly lower emissions of pollutants.
-Source: Indian Express
