Analysis of The Hindu Editorial – December 11, 2024

Analysis of The Hindu Editorial 1 : Sambhal and the perils of judicial evasion

Introduction

Judicial inactivism, a term popularized by scholar Chad M. Oldfather in 2005, explores the notion that courts have a fundamental “duty to decide” and how the failure to meet this duty can have far-reaching consequences. Oldfather argued that judicial inaction is often more insidious than overreach because it quietly undermines public trust in the judiciary. In India, this theme has resurfaced in the handling of the Sambhal Masjid case, where the Supreme Court’s decision to defer a core constitutional issue has highlighted the perils of judicial evasion.

The reluctance to confront key questions—especially those linked to the validity of the Places of Worship (Special Provisions) Act, 1991—raises critical concerns. Why is the judiciary hesitant to decisively uphold the principles enshrined in such landmark legislation? Let’s delve deeper into this unfolding narrative.

Judicial Deferment in the Sambhal Masjid Case

The Sambhal Masjid case in Uttar Pradesh is emblematic of judicial deferment. The Supreme Court recently refrained from taking a definitive stance on the matter. Instead, it directed the petitioner—the Sambhal Shahi Jama Masjid Committee—to approach the Allahabad High Court while freezing the civil court’s order to conduct a survey of the mosque.

Key Aspects of the Court’s Order

1. Procedural Relief: The Court halted the survey proceedings ordered by the civil court, aiming to temporarily defuse tensions.
2. Redirecting Legal Routes: It advised the petitioners to seek redressal from the Allahabad High Court, effectively sidelining immediate adjudication on the matter.
3. Peace Advocacy: The Court called for peace and harmony, a gesture appreciated by minority communities.

While this order may offer temporary relief, the larger issue remains unresolved. By not addressing the core question of whether the 1991 Act was violated, the judiciary has prolonged uncertainties surrounding religious places and their legal protection.

Understanding Judicial Evasion

Judicial evasion refers to the deliberate avoidance of adjudicating contentious issues. In the Indian context, judicial evasion has a storied history. The reluctance to engage with politically or socially sensitive topics often leads to ambiguities that weaken legislative intent and foster communal discord.

The Long Shadow of Judicial Evasion

1. Precedents of Avoidance: From land disputes to religious tensions, courts have occasionally sidestepped decisions that demanded clarity and firmness.
2. Erosion of Confidence: Judicial hesitancy fuels perceptions of bias or incompetence, damaging public trust.

The Sambhal Masjid case serves as a cautionary tale, where judicial inaction risks emboldening divisive narratives and undermining the rule of law.

The Places of Worship (Special Provisions) Act, 1991

This landmark legislation underscores India’s commitment to preserving its religious and social fabric.

Key Provisions

1. Section 3: Prohibits the conversion of any place of worship into another religion’s worship site.
2. Section 4:
   • Declares that the religious character of all worship places as of August 15, 1947, shall remain unchanged.
   • Bars new suits or proceedings that challenge this status quo.

Punitive Measures

Violations of the Act are punishable by imprisonment for up to three years, alongside fines, reinforcing its deterrent intent.

Legislative Intent

The Act was a response to the growing communal polarization in the 1980s and 1990s. By freezing the religious status quo as of 1947, Parliament aimed to prevent the exploitation of historical grievances for political gains.

Judicial Reluctance and Its Impact

The Sambhal Masjid case is not an isolated incident. The Indian judiciary has a history of deferring contentious issues, as seen in the Shaheen Bagh protests against the Citizenship Amendment Act and the farmers’ protests against contentious agricultural reforms.

Impact of Reluctance

1. Delayed Justice: Cases languish without resolution, leaving communities in a state of limbo.
2. Erosion of Legislative Authority: Judicial inaction indirectly undermines Parliament’s authority to legislate on sensitive matters.

In both the Shaheen Bagh and farm law cases, the Court formed committees instead of delivering judgments, inadvertently allowing public protests to dictate legislative outcomes.

Lessons from the Ayodhya Case Judgment

The Supreme Court’s 2019 judgment on Ayodhya serves as a precedent in multiple ways. Although it condoned the demolition of the Babri Masjid, the Court acknowledged the constitutional importance of the 1991 Act.

Key Takeaways

1. Recognition of Secularism: The judgment upheld the Act as a cornerstone of India’s secular values, affirming that historical wrongs must not dictate contemporary governance.
2. Missed Opportunity: Despite its acknowledgment, the Ayodhya judgment stopped short of reinforcing the Act’s provisions with stronger judicial directives.

Contradictions in the Gyanvapi Case

The Gyanvapi Mosque case further highlights the inconsistencies in the judiciary’s approach. While the Ayodhya judgment upheld the constitutional values embedded in the Places of Worship Act, the court’s decision in the Gyanvapi case deviated significantly.

The Contradictory Stance

1. Permission for Survey: The Supreme Court allowed a survey to be conducted at the Gyanvapi Mosque, undermining the 1991 Act’s intent to maintain the religious character of places of worship as they existed on August 15, 1947.
2. Impact on Secular Framework: By permitting such surveys, the court inadvertently fueled political and social tensions, contrary to the principles of secularism enshrined in the Constitution.

Implications of the Decision

This inconsistency not only weakens the judiciary’s credibility but also sets a precarious precedent for similar disputes. It signals a lack of commitment to safeguarding legislative safeguards against communal exploitation.

Role of Judiciary in Upholding Constitutional Values

The Indian Constitution is built on the ideals of fraternity, equality, and secularism. The judiciary plays a critical role in ensuring these principles are upheld, particularly in cases involving religious sensitivities.

Fraternity and Secularism

1. Pillars of Social Harmony: The Constitution mandates that no community be marginalized or targeted based on historical grievances.
2. Judicial Responsibility: By adjudicating decisively, courts can reinforce these principles and prevent the exploitation of religious sentiments.

Challenges in Judicial Implementation

However, reluctance to act decisively in cases like Sambhal and Gyanvapi undermines these constitutional values, leaving room for divisive narratives to thrive.

Need for Judicial Accountability

Judicial accountability is crucial for maintaining public confidence in the legal system. Delayed decisions or evasive tactics in sensitive cases can erode trust and destabilize societal harmony.

Pending Litigations

1. Unresolved Cases: Numerous suits challenging the origins of religious sites remain unresolved, creating legal ambiguities.
2. Legislative Ambitions Stalled: The inability to enforce the Places of Worship Act effectively diminishes its impact, rendering it a symbolic gesture rather than a functional law.

Restoring Public Trust

By resolving such disputes expeditiously and with clarity, the judiciary can reaffirm its role as the guardian of constitutional values. This requires a proactive stance rather than resorting to procedural deferment.

Conclusion: A Lack of Judicial Will

The Sambhal Masjid case exemplifies the perils of judicial inaction. Despite having the opportunity to reaffirm the constitutional values enshrined in the Places of Worship Act, the Supreme Court deferred the matter, leaving critical questions unanswered.

This reluctance not only undermines legislative authority but also weakens public trust in the judiciary’s ability to uphold secularism and fraternity. The upcoming special bench hearing on the Act’s validity presents a crucial opportunity for the judiciary to rectify its course and reinforce its commitment to constitutional principles. A strong judicial posture is no longer just an expectation; it is a necessity.

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Analysis of The Hindu Editorial 2 : Deepening India’s steps as a key space-faring nation

Introduction

India stands at a pivotal moment in its space exploration journey, with ambitious goals that aim to propel it into the league of global space superpowers. Central to this vision is the development of reusable, high-capacity rockets, such as the Indian Space Research Organisation’s (ISRO) upcoming Next Generation Launch Vehicle (NGLV). However, to achieve these milestones, India must tap into its private sector and cultivate a robust ecosystem of innovation and collaboration. This article explores ISRO’s roadmap, the significance of the NGLV, and the crucial role of private industry in shaping India’s future in space.

India’s Space Odyssey: From Modest Beginnings to Ambitious Goals

The Evolution of India’s Space Programme

From its humble beginnings in the 1960s, India has emerged as a formidable space-faring nation. What started with basic satellite launches has now matured into complex missions that demonstrate technological prowess and strategic vision.

Gaganyaan Mission: A Giant Leap for India

• The Gaganyaan project represents a watershed moment for India. It will send an Indian crew into space, marking the country’s debut in human spaceflight.
• Beyond its symbolic importance, this mission underscores India’s capability to execute advanced space missions independently.

Expanding Horizons: A Vision for the Future

• By the end of the next decade, India envisions a sustainable presence in space, including an orbiting space station.
• Plans are underway to extend human-spaceflight capabilities to the Moon, reflecting India’s growing ambitions and technical expertise.

The Roadmap to Success

Key Objectives to Realize

India’s space goals require a clear and actionable roadmap involving:

1. Multiple Uncrewed Lunar Missions: Paving the way for future manned lunar expeditions.
2. Human-Centric Technologies: Mastering life-support systems, crew safety measures, and sustainable solutions for prolonged space travel.
3. Next-Generation Rockets: Developing powerful rockets capable of carrying heavier payloads for human space missions.

NGLV: A Game-Changer for India’s Space Programme

Significance of the NGLV

The Next Generation Launch Vehicle (NGLV) is designed to meet India’s growing space transportation needs:

• Heavy Payload Capability: Tripling the payload capacity of the current LVM3.
• Reusability: Offering cost-effective solutions for frequent and reliable launches.

Feature	Current LVM3	NGLV
Payload to GTO	4,000 kg	12,000 kg
Reusability	No	Yes
Cost Efficiency	Moderate	High

Advantages of Heavy-Lift Rockets

• Frees scientists from the constraints of miniaturization.
• Enables ambitious missions with larger, more sophisticated equipment.
• Expands the range of space applications, from satellite deployment to interplanetary exploration.

Reusability: The Future of Space Travel

Expendable vs. Reusable Rockets

• Traditional rockets, like India’s current fleet, are expendable and designed for single-use missions.
• The NGLV introduces reusability, which involves retaining fuel for a controlled descent and recovery.

Balancing Load and Cost

While reusability reduces payload capacity due to fuel requirements, the cost savings in the long term are undeniable. It ensures India remains competitive in the global space market, where reusability is becoming the norm.

Addressing Immediate Needs

Bridging the Gap

The development of the NGLV will span eight years, but India’s need for heavy-lift capability is pressing. To address this:

• Dual Rocket Missions: For upcoming lunar missions, two LVM3 rockets will carry and assemble modules in space.
• Collaborations: Partnering with international organizations, like SpaceX, to meet immediate launch requirements.

Comparative Analysis with SpaceX

SpaceX’s reusable Falcon 9 rockets offer valuable insights:

• Payload to GTO: Falcon 9 can carry up to 5,500 kg (reusable) and 8,300 kg (expendable).
• Starship’s Capabilities: With a staggering capacity of 21,000 kg to GTO, SpaceX’s Starship highlights the future India aims to emulate with its NGLV.

Unlocking India’s Private Sector Potential

The Role of Private Industry

To complement ISRO’s efforts, India’s private sector must step up:

• Design and Development: Create indigenous, reusable, heavy-lift rockets.
• Commercial Opportunities: Tap into the growing global demand for satellite launches and space logistics.

Government Support and Incentives

• The Department of Space can issue contracts to private firms, fostering innovation and competition.
• Milestone-based funding ensures accountability and minimizes cost overruns.

International Collaborations

• Private companies can leverage existing foreign expertise through partnerships.
• Procuring advanced components, such as commercially available rocket engines, can accelerate progress.

The Broader Implications of Space Exploration

Technological Spillovers

• Innovations in space technology often lead to advancements in other sectors, including telecommunications, defense, and healthcare.

Strategic Autonomy

• A robust space program enhances India’s geopolitical leverage, reducing dependency on foreign technology.

Economic Opportunities

• Commercialization of space opens avenues for job creation, exports, and a thriving space-tech ecosystem.

Conclusion

India’s space ambitions are bold and transformative, reflecting its desire to lead in the final frontier. While the road to achieving these goals may have challenges, the rewards—in terms of innovation, economic growth, and national pride—are immense. By fostering a collaborative environment that integrates ISRO’s expertise with private sector innovation, India can solidify its position as a space-faring powerhouse.

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