UPSC Daily Current Affairs – 4th September 2025 | MGNREGA Revival, Judicial Dissent, Reservation Debate, Quantum Computing

Staying updated with daily current affairs is crucial for UPSC preparation, especially for Prelims, Mains, and Essay writing. In this edition of UPSC Daily Current Affairs – 4th September 2025, we cover the most relevant news topics analysed from a civil services perspective. The issues discussed include MGNREGA revival in West Bengal, judicial dissent and transparency, India’s maritime reforms, the reservation cap debate, challenges in bail jurisprudence, and advancements in quantum computing with Majorana particles. Each topic is linked with important reports, conventions, data, and way forward, making it highly valuable for aspirants.

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1. Less than 40% of Disabled Persons in India Have ID Needed for Benefits

What’s the News?

The Ministry of Social Justice & Empowerment has revealed that despite the Rights of Persons with Disabilities (RPwD) Act, 2016, less than 40% of persons with disabilities (PwDs) in India hold the necessary disability certificate or Unique Disability ID (UDID). Without these, lakhs of PwDs remain excluded from welfare benefits such as pensions, scholarships, health insurance, and reservations in education and jobs.

Recent data shows that over 11 lakh UDID applications are pending, with more than 60% delayed for over six months. Himachal Pradesh, Ladakh, and Mizoram reported the highest backlog.

Key Points for UPSC (Mains & Prelims)

Scale of the Issue

• Census 2011: 2.68 crore PwDs (2.21% of population).

• Global Burden of Disease Study, IHME (2020): Over 70 million Indians live with significant disabilities — far higher than official census figures.

Certification and UDID

• Disability Certificate: Issued by a medical board, required for welfare entitlements.

• UDID Card (since 2016): A digital, Aadhaar-linked identity for PwDs, portable across states.

Coverage Gaps

• NSSO 76th Round (2018): Only 28.8% of PwDs had certificates.

• As of August 2025: ~1.26 crore UDIDs issued, leaving more than half of PwDs excluded.

• Only a handful of states — Tamil Nadu, Meghalaya, Odisha, Karnataka — have crossed 50% coverage; West Bengal lags with just 6%.

Schemes Affected

PwDs without valid certification cannot access:

• PMAY (housing), Ayushman Bharat (health), ADIP (assistive devices), PM-KISAN inclusion, scholarships, skill training, and job reservations.

Barriers to Access

• Long delays in medical board verification.

• Digital divide: UDID is only available through an online portal; only ~60% of Indians above age 15 can perform basic digital tasks like copy-paste.

• Awareness gaps and stigma at local levels.

• Rural–urban disparity: better coverage in urban areas.

Reports & Data

• Standing Committee on Social Justice (2023): Criticised weak awareness campaigns; suggested mobile certification vans.

• NITI Aayog’s SDG Index (2023): Highlighted lag on SDG-10 (Reduced Inequalities) due to low PwD inclusion.

• World Bank (2021 “Disability Inclusion Report”): Only 1 in 4 PwDs in India access any formal government support.

• ILO Report (2022): PwD labour force participation in India is 23% vs global average of 36%.

Relevant Conventions and Treaties

• UNCRPD (2006): Ratified by India in 2007; ensures non-discrimination and accessibility.

• ILO Convention 159 (1983): Vocational rehabilitation of disabled persons.

• Marrakesh Treaty (2013): Improves access to books for persons with print disabilities.

• SDGs: Disability inclusion is embedded across SDG-1 (No Poverty), SDG-3 (Health), SDG-4 (Education), SDG-8 (Work), and SDG-10 (Inequality).

Recent Developments & Global Context

India

• UDID linked with Ayushman Bharat and National Scholarship Portal (2023).

• Accessible India Campaign (Sugamya Bharat Abhiyan) updated in 2024 for digital accessibility.

• Draft National Policy for PwDs (2024): Proposes universal screening and automatic enrolment.

Global Examples

• EU Disability Card: Recognised across 27 member states for benefits and services.

• US ADA (1990): Strong civil rights protection for PwDs.

• UK Blue Badge Scheme: Digitalised system for transport and service access.

Implications for India

• Exclusion from welfare: Millions remain outside social security nets.

• Low employability: Without certification, PwDs cannot access reservations or skill training.

• Political neglect: PwDs form a small electoral constituency (~2.68 crore as per Census 2011), limiting their bargaining power.

• Budgetary mismatch: Overall disability scheme funds have grown, but UDID sub-scheme allocations have declined.

Way Forward

1. Universal Certification Drive: Mobile health camps, door-to-door verification, tele-medicine assessments for rural areas.

2. Digital Integration: Auto-link UDID with Aadhaar, ABHA (health ID), and PMGDISHA for easy portability.

3. Awareness Campaigns: Engage PRIs, SHGs, NGOs, and schools for grassroots sensitisation.

4. Strengthening Institutions: Increase empanelled hospitals, train doctors, and speed up medical board processes.

5. Monitoring & Accountability: Independent audits by NITI Aayog/CAG on PwD coverage and benefits delivery.

6. Global Learning: Replicate EU’s cross-border portability, US ADA benchmarks, and UK’s simplified access models.

✅ UPSC Quick Facts

           Only ~40% of PwDs in India have valid certification.

• Over 11 lakh UDID applications pending, 60% delayed >6 months.

• ILO (2022): PwD labour participation 23% (India) vs 36% (global).

• Standing Committee (2023): Recommended mobile vans for certification.

• West Bengal coverage: Lowest (~6%).

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2. Reviving MGNREGA in West Bengal

What’s the News?

The Government of India has partially resumed the flow of funds under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) to West Bengal after nearly two years of suspension. Funds were earlier frozen in December 2021 over alleged irregularities and non-compliance by the state.

The resumption comes amid judicial oversight, field-level challenges, and political debates over federalism, rural livelihoods, and welfare delivery. However, the revival risks being a “hollow gesture” unless urgent groundwork is laid to rebuild trust, strengthen institutions, and restore worker confidence.

Key Points for UPSC (Mains & Prelims)

About MGNREGA

• Enacted in 2005, provides a legal guarantee of 100 days of wage employment to every rural household on demand.

• Focuses on unskilled manual work, with one-third participation reserved for women.

• World Bank recognises it as the world’s largest social security programme.

West Bengal’s Case

• Suspension (Dec 2021): Centre stopped funds citing corruption and mismanagement (under Sec. 27 of MGNREGA Act).

• Impact: Workers lost potential wages worth ₹14,000–₹16,000 crore in the first year alone (LibTech India).

• Pending dues: Over ₹7,500 crore in wages remained unpaid.

• Legal Dimension: Calcutta High Court directed restoration of funds (Aug 2025); Centre appealed to Supreme Court.

Current Revival

• Partial funds released; state began clearing pending wages.

• Compliance measures introduced: Aadhaar-Based Payment System (ABPS), NMMS App for real-time attendance, and stricter social audits.

Challenges in Reviving MGNREGA

1. Technology Barriers

• ABPS Issues: Only Aadhaar-authenticated workers can be paid. In West Bengal, 2.3 lakh active workers remain ineligible, risking exclusion.

• Mass Worker Deletions: Over 8.3 lakh workers removed from rolls in 2025 — nearly 15% of national deletions.

• NMMS App: Requires geo-tagged, real-time photos; poor internet and lack of training have excluded many workers.

2. Human Resource Gaps

• Frontline supervisors, often paid at worker-level wages, are tasked with attendance, site management, and reporting — leading to demotivation and inefficiency.

• After three years of suspension, many field staff have moved away, causing institutional memory loss.

3. Administrative Preparedness

• Work Planning: Each year, Gram Sabhas must prepare a “shelf of works.” Delayed identification and approval of projects hinder employment guarantee.

• Panchayats Overburdened: Limited logins at block/district level have slowed reinstatement of deleted workers.

4. Political & Legal Uncertainty

• Centre–State disputes over compliance and corruption have politicised welfare delivery.

• With the matter still pending before the Supreme Court, uncertainty looms over fund flow.

Importance of MGNREGA

• Social Safety Net: Provides crucial income during lean agricultural seasons and crises (e.g., COVID-19).

• Women’s Empowerment: Over 50% of workers nationally are women, especially from Dalit, Adivasi, and landless households.

• Rural Infrastructure: Contributes to water conservation, irrigation, flood control, and connectivity projects.

• Poverty Reduction: World Bank (2021) found MGNREGA reduced poverty by 32% in participating households.

Reports & Data

• MoRD Annual Report (2023-24):

  • 6.4 crore households provided work.

  • 313 crore person-days generated.

  • Average wage: ₹221/day.

• CAG Audit (2022): Noted delays in wage payments, weak monitoring, and lack of durable assets.

• NITI Aayog SDG Index (2023): Highlighted MGNREGA’s role in SDG-1 (No Poverty) and SDG-8 (Decent Work).

Global Context & Comparisons

• Argentina’s “Plan Jefes y Jefas” (2002): Guaranteed jobs for unemployed household heads.

• South Africa’s Expanded Public Works Programme: Focuses on community infrastructure and training.

• ILO’s Decent Work Agenda: Advocates job security with social protection.

• SDGs: Directly linked to SDG-1, SDG-5 (Gender Equality), and SDG-8.

Implications for India & West Bengal

• Federalism Stress-Test: Centre–State disputes highlight need for clearer guidelines on fund suspension and compliance.

• Exclusion Risk: Digital-only reforms risk leaving behind women, elderly, and digitally illiterate workers.

• Trust Deficit: Suspension eroded confidence in the scheme; revival requires rebuilding credibility.

• Political Sensitivity: West Bengal accounts for 43 lakh workers — one of the highest state-level MGNREGA workforces.

UPSC Quick Facts

• Legal Guarantee: 100 days of work under MGNREGA Act, 2005.

• West Bengal: Over ₹7,500 crore pending dues; 43 lakh active workers (2025).

• Worker Deletions: 8.3 lakh in WB alone (15% of national deletions, 2025).

• Average Wages: ₹221/day (2023-24).

• ILO Agenda: Decent work and social security as fundamental rights.

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3. India’s Recent Maritime Reforms Need Course Correction

What’s the News?

India has recently undertaken a paradigm shift in maritime governance with the introduction of multiple legislations such as:

• Indian Ports Bill, 2025 (replacing the Indian Ports Act, 1908)

• Merchant Shipping Act, 2025

• Coastal Shipping Act, 2025

• Carriage of Goods by Sea Act, 2025

These aim to modernise port governance, expand shipping categories, promote private participation, and strengthen India’s maritime competitiveness. However, experts argue that the reforms risk centralisation, federal tensions, regulatory overlaps, and investor concerns, requiring a course correction.

Key Points for UPSC (Mains & Prelims)

Strategic Importance of Maritime Sector

• India has a 7,517 km coastline and over 200 ports (13 major under Centre, 200+ non-major under States).

• Handles 95% of trade by volume and 68–70% by value (MoPSW, 2014).

• India supplies 12% of global seafarers (IMO, 2021).

Key Reforms

1. Indian Ports Bill, 2025 (IPB)

   • Replaces colonial-era Indian Ports Act, 1908.

   • Seeks to increase Centre’s role in port regulation and standardisation.

   • Provisions: Port Planning Authority, PPP promotion, licensing, mandatory registration, Clause-17 restricting civil court jurisdiction.

2. Merchant Shipping Act, 2025 (MSA)

   • Expands vessel categories: offshore drilling rigs, hovercrafts, mechanised boats.

   • Aligns with IMO conventions: MARPOL (pollution), SOLAS (safety).

   • Allows partial foreign ownership by NRIs/foreign entities.

   • Bars civil courts in shipping disputes → raises judicial oversight concerns.

3. Coastal Shipping Act, 2025 (CSA)

   • Strengthens cabotage (preference for Indian vessels).

   • Targets coastal cargo growth from 140 MT (2023) → 230 MT (2030).

4. Carriage of Goods by Sea Act, 2025 (CGSA)

   • Recognises electronic bills of lading and e-transferable records.

   • Aligns with UNCITRAL Model Law on electronic transferable records.

   • Aims to reduce transaction costs by 10–80% (UNCTAD, 2023).

5. Other Initiatives

   • Maritime India Vision 2030: Green energy, capacity expansion, coastal shipping.

   • Sagarmala Programme: Port-led development, industrial corridors.

   • National Maritime Development Programme (2024): Current major port capacity ~1,550 MTPA; utilisation ~70%.

Concerns & Criticisms

1. Federalism Tensions

   • States like Gujarat, Maharashtra, Kerala, TN object to Centre encroaching on non-major ports (Union List Entry 31 vs State List Entry 21).

   • Maritime State Development Council (MSDC) under Union Minister directs state maritime boards → raises centralisation concerns.

2. Judicial Oversight & Dispute Resolution

   • IPB bars civil courts; disputes referred to shipping regulators.

   • PPP investors worry about impartial dispute resolution (example: Mundra Port case took years).

3. Ownership & Autonomy Loopholes

   • MSA permits partial foreign ownership → risk of loss of Indian control.

   • States fear revenue loss and operational inefficiency in port PPPs.

4. Green Transition Lag

   • IMO targets net-zero by 2050.

   • India’s progress slow → LNG bunkering, hydrogen/ammonia fuel pilots, solar-powered ports still at pilot stage.

5. Operational Burdens on Small Operators

   • Mandatory registration, licensing, taxation increase compliance costs.

   • Risk of crowding out small mechanised boat operators.

Reports & Data

• NITI Aayog Logistics Report (2023): India’s logistics cost = 13–14% of GDP (global best = 8%).

• World Bank LPI (2023): India ranked 38th (improved from 44th in 2018) but port efficiency below East Asian peers.

• UNCTAD Maritime Transport Review (2023): India in top 20 for container traffic, but efficiency gap remains.

• IMO (2021): India contributes 12% of world’s seafarers.

Relevant Conventions & Treaties

• UNCLOS (1982) – governs India’s maritime rights, EEZ.

• IMO Conventions:

  • MARPOL (1973/78) – pollution control.

  • SOLAS (1974) – safety of life at sea.

  • Hong Kong Convention (2009) – safe ship recycling (relevant for Alang, world’s largest ship-breaking yard).

• SDGs: Linked to SDG-9 (Industry, Innovation), SDG-13 (Climate Action), SDG-14 (Life Below Water).

Recent Developments & Global Context

• Digitalisation: Port Community Systems for cargo tracking.

• Security Dimension: Anti-Maritime Piracy Act, 2022; SAGAR Doctrine; Quad naval cooperation.

• Global Competitiveness:

  • China’s Belt & Road ports reshaping Indo-Pacific trade.

  • EU pushing green maritime corridors.

  • IMO’s 2023 strategy: Net-zero shipping by 2050.

Way Forward

1. Cooperative Federalism

   • Centre should set standards & international compliance, while States retain operational autonomy over non-major ports → similar to GST Council model.

2. Independent Dispute Resolution

   • Set up an Independent Maritime Dispute Tribunal for PPP confidence.

3. Green Ports & Sustainability

   • Scale up renewable energy in ports, adopt hydrogen/ammonia fuels, wastewater treatment.

   • Align with IMO’s net-zero target.

4. Integrated Logistics & Competitiveness

   • Link ports with PM Gati Shakti Masterplan for multimodal transport.

   • Cut logistics costs to improve export competitiveness.

5. Skill Development & Human Capital

   • Expand Skill India Maritime Initiative for seafarers and port workforce.

   • Leverage India’s global seafarer supply advantage.

6. Strategic Security & Diplomacy

   • Enhance cooperation with Quad, IORA, and IMO.

   • Strengthen surveillance across IOR against piracy, illegal fishing, and geopolitical threats.

✅ UPSC Quick Facts

• India’s coastline: 7,517 km

• Trade via sea: 95% by volume, ~70% by value

• Major ports: 13; Non-major ports: 200+

• Logistics cost: 13–14% of GDP

• Global rank in LPI (2023): 38th

• Seafarer contribution: 12% of global supply 

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4. Concealing a Judge’s Dissent: Eroding Judiciary’s Authority

What’s the News?

Recent instances of delays in publishing dissenting opinions or their non-availability on the Supreme Court’s website have raised concerns over judicial transparency. Legal scholars warn that concealing dissent undermines judicial authority, erodes public trust, and weakens the evolution of constitutional jurisprudence.

Key Points for UPSC (Mains & Prelims)

Importance of Dissent in Judicial Process

• Safeguard against majoritarianism: Dissent ensures that constitutional liberties are not crushed by temporary majorities.

• Constitutional Evolution: Famous dissents have shaped India’s legal framework over time:

  • Justice H.R. Khanna (ADM Jabalpur, 1976) – upheld liberty during Emergency, later vindicated in privacy and liberty jurisprudence.

  • Justice Subba Rao (Kharak Singh Case, 1962) – dissent laid foundation for Right to Privacy (Justice K.S. Puttaswamy Case, 2017).

  • Justice Nagarathna (Demonetisation Case, 2023) – underscored limits of executive discretion.

• Public Trust: Dissents show that judicial reasoning is open, diverse, and principled.

Issues in India

• Concealment of Dissents: Delayed uploading or sidelining of dissenting notes weakens transparency.

• Collegium Opacity: Lack of disclosure in judicial appointments fuels suspicion of conformity pressures.

• Judicial Authority: Suppression of dissent signals an institutional preference for unanimity at the cost of credibility.

Constitutional Provisions

• Article 19(1)(a): Freedom of speech includes the public’s right to know judicial reasoning.

• Article 21: Right to fair trial, natural justice → transparency in judgments is integral.

• Article 145(5): Supreme Court decisions are by majority, but dissenting judges have the right to record separate opinions.

Reports & Data

• Supreme Court Observer (2023): Dissents often become guiding principles for future majorities.

• Law Commission of India, Report 230 (2009): Transparency is central to judicial accountability.

• India Justice Report 2022 (Tata Trusts): India lags behind OECD peers in judicial transparency.

• World Justice Project (Rule of Law Index 2023): India ranked 79/142; transparency flagged as a weak link.

Relevant Conventions & Treaties

• ICCPR, Article 14: Guarantees fair and public hearings by independent tribunals.

• Bangalore Principles of Judicial Conduct (2002): Endorsed by the UN, stresses independence, impartiality, and integrity.

• UN Basic Principles on the Independence of the Judiciary (1985): Recognises open, reasoned judgments—including dissents—as essential for legitimacy.

Recent Developments & Global Context

India

• 2024: Debate reignited after delays in uploading dissenting opinions on SC website.

• Judicial Reforms Committee under discussion to standardise timelines for publication.

• SC in MediaOne vs Union of India (2023) rejected “sealed cover” evidence, reinforcing open justice.

Global Practices

• US Supreme Court: Dissents published simultaneously with majority opinions.

• UK Supreme Court & ECHR: Dissents released same day to ensure transparency.

• South Africa Constitutional Court: Dissents highly respected; Judicial Service Commission interviews conducted publicly to strengthen legitimacy.

Implications of Concealing Dissent

1. Erosion of Judicial Authority: Suggests conformity, undermining independence.

2. Democratic Deficit: Weakens the judiciary’s role as guardian of constitutional liberties.

3. Loss of Public Trust: Citizens lose confidence in judiciary’s openness.

4. Weakening Constitutional Evolution: Future jurisprudence may lose the richness of competing reasoning.

5. Encourages Secrecy Culture: May set precedent for opacity in collegium, appointments, and case management.

Way Forward

1. Institutionalise Timelines

   • Mandate simultaneous release of majority and dissenting opinions.

2. Digital Reforms

   • Strengthen SC’s e-courts portal with open archives of dissents.

   • Introduce structured disclosure norms to balance reputational concerns with transparency.

3. Transparency in Appointments

   • Collegium resolutions must be published with reasons to reduce opacity.

   • Adopt practices from UK Judicial Appointments Commission for openness.

4. Judicial Accountability Reports

   • Annual reports on pendency, dissent trends, and transparency should be published.

5. Public Awareness & Legal Literacy

   • Educate citizens on the role of dissent in democracy.

   • Encourage legal scholarship and media dissemination of dissenting opinions.

6. Learning from Global Best Practices

   • US/UK model: publish dissents simultaneously.

   • South Africa model: public-facing judicial selection and openness to dissent.

✅ UPSC Quick Facts

• Famous Indian dissents: H.R. Khanna (ADM Jabalpur, 1976), Subba Rao (Kharak Singh, 1962), Nagarathna (Demonetisation, 2023).

• Article 145(5): empowers recording of dissenting opinions.

• World Justice Project 2023: India ranked 79/142.

• ICCPR Article 14: mandates fair and public hearings.

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5. How Majorana Particles Promise to Shield Quantum Computers from Noise

What’s the News?

In 2025, Microsoft announced progress with its “Majorana-1” prototype, claiming stability through Majorana zero modes (MZMs). This renewed global interest in topological qubits, which could revolutionise fault-tolerant quantum computing by reducing vulnerability to noise—one of the biggest challenges in building scalable quantum machines.

Key Points for UPSC (Mains & Prelims)

Majorana Fermions & Zero Modes

• Proposed in 1937 by Italian physicist Ettore Majorana.

• Majorana fermions: Hypothetical particles that are their own antiparticles.

• Majorana Zero Modes (MZMs): Quasi-particles observed in superconducting nanowires; candidates for stable qubit platforms.

Topological Qubits

• Encode information in the “braiding” of Majoranas → non-local encoding reduces vulnerability to local disturbances (noise, decoherence).

• Could drastically reduce error correction needs, solving a key bottleneck in today’s quantum computing models.

Current Challenges

• Experimental Debate: Many claimed observations of Majoranas are contested due to background noise and reproducibility issues.

• Scale-up Difficulty: Creating, controlling, and reliably measuring Majorana-based qubits still requires cryogenic infrastructure and advanced materials.

Reports & Data

• Nature (2025): Published Microsoft’s parity measurement work on Majorana qubits; findings still under international peer review.

• QuTech (Delft University, Netherlands, 2023–24): Reported controlled manipulation of Majorana bound states.

• NITI Aayog Quantum Tech Report (2021): Highlighted topological qubits as a frontier research area for India.

• OECD (2025): Estimated global quantum tech investments > $35 billion.

Global & National Context

India

• National Quantum Mission (2023): ₹6,000 crore scheme targeting 50–1000 qubit machines in 8 years.

• Research Institutions:

  • IISc Bangalore & TIFR Mumbai: Working on superconducting and spin qubits.

  • IISERs (Pune, Mohali): Research in quantum communication and condensed matter systems.

  • RRI Bengaluru: Quantum materials and photonics.

Global

• Microsoft, IBM, Google: Competing in quantum hardware; focus on fault-tolerant qubits.

• China: Demonstrated 66-qubit “Zuchongzhi” processor (2021), scaling rapidly in hardware.

• EU Quantum Flagship: Over €1 billion investment into next-gen qubit research, including Majorana studies.

• US–Japan–Australia alliances: Collaborating on quantum-safe communications.

Relevant Conventions & Security Dimension

• Wassenaar Arrangement: Controls export of dual-use technologies, including quantum hardware.

• Post-Quantum Cryptography (PQC): NIST (US, 2022) developing encryption standards resistant to future quantum attacks.

• SDG-9 (Industry, Innovation, Infrastructure): Quantum research supports innovation and digital resilience.

Implications for India and the World

• Scientific Frontier: Majorana qubits could provide a pathway to error-resilient quantum computers.

• Cybersecurity Threats: Quantum computing can break current encryption systems → urgent need for quantum-safe cryptography.

• Economic Race: Countries leading in quantum research could dominate AI, defence, and fintech sectors.

• Strategic Autonomy: India’s National Quantum Mission aims to reduce dependence on global tech giants.

Way Forward

1. Boost R&D in India

   • Expand National Quantum Mission partnerships with IISc, TIFR, IITs, IISERs, and DRDO labs.

   • Encourage interdisciplinary collaboration (materials science + computer science + physics).

2. Strengthen Global Cooperation

   • Collaborate with QuTech (Netherlands), EU Quantum Flagship, and US–Japan projects.

   • Participate in post-quantum security frameworks under NIST and Wassenaar.

3. Prepare for Quantum-Safe Security

   • Train banking, defence, and digital infrastructure in PQC standards.

   • Establish a National Encryption Migration Task Force.

4. Private Sector Incentives

   • Support start-ups in cryogenics, chip design, superconducting circuits.

   • Provide tax incentives for deep-tech investment funds.

5. Talent Pipeline

   • Establish Quantum Research Centres of Excellence in IITs/IISc.

   • Launch international PhD collaborations with Delft, MIT, and ETH Zurich.

✅ UPSC Quick Facts

• Majorana fermions proposed in 1937 by Ettore Majorana.

• Microsoft’s “Majorana-1 prototype” (2025): sparked fresh interest in topological qubits.

• India’s National Quantum Mission (2023): ₹6,000 crore, aims for 50–1000 qubit systems.

• OECD (2025): Global investment in quantum tech >$35 billion.

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6. Should Reservations Exceed the 50% Cap?

What’s the News?

The long-debated 50% ceiling on caste-based reservations—laid down in Indra Sawhney vs Union of India (1992)—is under renewed scrutiny. States such as Maharashtra, Tamil Nadu, and Rajasthan are demanding higher quotas. The introduction of the 10% EWS reservation through the 103rd Constitutional Amendment (2019), upheld in Janhit Abhiyan vs Union of India (2022), has further raised questions on whether the 50% rule remains relevant in present socio-economic conditions.

Key Points for UPSC (Mains & Prelims)

Indra Sawhney Judgment (1992)

• Fixed the 50% ceiling on reservations.

• Allowed breach only under “extraordinary circumstances”.

• Introduced the concept of creamy layer for OBCs to exclude the socially advanced.

EWS Reservation (103rd Amendment, 2019)

• Provided 10% reservation for Economically Weaker Sections, including upper castes.

• Supreme Court (2022) upheld it, effectively creating an exception to the 50% rule.

State-Level Cases

• Maharashtra (Maratha Quota, 2021): Struck down by SC for exceeding the cap.

• Tamil Nadu (69% quota): Sheltered in the Ninth Schedule, but still subject to judicial review (I.R. Coelho vs Union of India, 2007).

• Rajasthan & Karnataka: Renewed demands from Jats and Vokkaligas.

Relevant Articles

• Art. 15(4), 15(5), 16(4): Basis for reservations.

• Art. 46 (DPSP): Duty of State to promote educational and economic interests of weaker sections.

Reports & Data

• NITI Aayog (2022 Socio-Economic Indicators): Persistent gaps in education and income between SCs, STs, OBCs, and General Category.

• Periodic Labour Force Survey (PLFS 2023): SC/ST unemployment rates higher than national average.

• India Human Development Survey (IHDS, 2019): Caste remains a key determinant of poverty and inequality.

• Rangarajan Committee (2014): Suggested using multi-dimensional poverty indicators for targeted affirmative action.

• Top Institutions: Research at IISc Bangalore, JNU, and Tata Institute of Social Sciences (TISS) has highlighted the continuing socio-economic disadvantages of marginalized groups.

Global Comparisons

• United States: Affirmative action in higher education, though recently curtailed (Students for Fair Admissions vs Harvard, 2023).

• South Africa: Employment Equity Act mandates racial quotas in hiring.

• Brazil: University quotas for Afro-Brazilians and indigenous groups.

Relevant Conventions & Treaties

• ICERD (1965): Permits affirmative action to correct structural inequalities.

• UN Declaration on the Rights of Indigenous Peoples (2007): Supports special measures for disadvantaged communities.

• ILO Convention 111 (1958): Advocates proactive measures against workplace discrimination.

Recent Developments (2024–25)

• Maharashtra: Passed a fresh resolution for Maratha quota, seeking constitutional protection.

• Centre: Stated it is open to data review but insists on judicially sustainable quotas.

• Judiciary: Reiterated that reservation cannot become a permanent right; economic criteria increasingly being considered.

Implications

• Social Justice: Extending reservations may improve inclusivity but risks over-fragmentation.

• Judicial Balance: Exceeding 50% may conflict with basic structure doctrine.

• Economic Efficiency: Over-reliance on quotas may dilute focus on skill development and outcome-based empowerment.

• Political Dynamics: Reservation debates often reflect electoral considerations rather than empirical socio-economic data.

Way Forward

1. Empirical Backing

   • Commission a fresh caste census / SECC update for evidence-based policymaking.

   • Involve top institutions (NSSO, IITs, IIMs, TISS, JNU) in designing robust surveys.

2. Revisit the Doctrine

   • Re-examine the 50% ceiling legislatively or constitutionally in light of demographic realities.

   • Debate whether “extraordinary circumstances” should be redefined.

3. Outcome-Based Measures

   • Shift focus from input quotas to outcomes (employment rates, educational attainment).

   • Strengthen scholarships, skill programmes, and direct financial aid.

4. Creamy Layer Expansion

   • Extend the creamy layer principle to SCs/STs for fairer targeting, as suggested by some expert committees.

5. Alternative Models

   • Promote diversity scholarships and capacity-building initiatives in higher education.

   • Encourage private sector participation in affirmative action.

6. Judicial Balancing

   • Ensure reservation policies align with the basic structure of the Constitution while addressing socio-economic inequities.

✅ UPSC Quick Facts

• Indra Sawhney Judgment (1992): Set 50% cap; introduced creamy layer.

• EWS Quota (2019): Exception to the rule; upheld in 2022.

• Tamil Nadu Quota (69%): Ninth Schedule protection, still open to review.

• Global Investment in Social Equity: UN and ILO support affirmative action through global conventions.

7. How Bail Hearings Take on the Garb of a Trial

What’s the News?

The Supreme Court and multiple High Courts (2024–25) have cautioned lower courts against turning bail hearings into “mini-trials.” Instead of focusing only on prima facie grounds for granting or denying bail, trial courts often delve into witness testimonies, forensic reports, and evidence—causing delays, prolonged incarceration, and erosion of the principle that bail is the rule and jail the exception.

Key Points for UPSC (Mains & Prelims)

Bail Jurisprudence in India

• Article 21 (Right to Life & Liberty): Protects against arbitrary detention.

• CrPC Sections 437–439: Provide framework for bail in non-bailable offences.

• Doctrine: State of Rajasthan vs Balchand (1977) → “Bail is the rule, jail is the exception.”

Problems Identified

• Bail hearings increasingly resemble full-scale trials, defeating their limited scope.

• Special laws (UAPA, NDPS, PMLA) impose strict statutory bars, leading to prolonged custody.

• Undertrial crisis: India has one of the world’s highest proportions of undertrial prisoners.

Important Cases

• Hussainara Khatoon vs State of Bihar (1979): Recognised right to speedy trial as part of Article 21.

• Arnab Goswami vs State of Maharashtra (2020): Reaffirmed that liberty should not be casually denied.

• Satender Kumar Antil vs CBI (2022–25): SC guidelines against unnecessary arrests and delays in bail.

Reports & Data

• Law Commission Report 268 (2017): 67% of India’s prison population are undertrials.

• NCRB Prison Statistics (2022): 4.3 lakh undertrials, ~75% of all prisoners.

• India Justice Report (2022, Tata Trusts): Bail delays are a major factor in overcrowding.

• National Judicial Data Grid (NJDG, 2024): Bail applications form a significant share of pending criminal cases.

• UNHRC Global Study (2021): India among top countries with prolonged pre-trial detentions.

Top Institutions contributing research: NLSIU Bengaluru, NALSAR Hyderabad, Vidhi Centre for Legal Policy, and Centre for Policy Research (CPR)—all highlighting systemic flaws in India’s bail process.

Relevant Conventions & Treaties

• ICCPR, Article 9 (1966): Protection from arbitrary detention; right to bail or trial within reasonable time.

• Universal Declaration of Human Rights (1948), Article 11: Presumption of innocence.

• UN Standard Minimum Rules for Treatment of Prisoners (Nelson Mandela Rules, 2015): Advocates humane pre-trial detention practices.

Recent Developments & Global Context

India

• SC (2024–25): Reiterated that bail hearings should not resemble evidentiary trials.

• Shift towards non-monetary bail conditions (personal bonds, sureties) to avoid discrimination against the poor.

• Debate on introducing statutory timelines for bail decisions.

Global Practices

• United States: New York’s 2020 bail reform eliminated cash bail for low-level offences.

• United Kingdom: Bail decisions must pass a “proportionality test”—detention only if necessary.

• South Africa: Constitutional courts apply a necessity and reasonableness test before denying bail.

Implications

• For Liberty: Overlong bail hearings erode presumption of innocence.

• For Prisons: Contributes to overcrowding and human rights violations.

• For Judiciary: Wastes resources by treating bail hearings like trials.

• For Society: Prolonged detentions disproportionately affect poor, marginalised, and minority groups.

Way Forward

1. Standardised Bail Guidelines

   • Implement SC’s Satender Kumar Antil checklist across trial courts.

   • Prepare a Bail Handbook (like UK’s Sentencing Guidelines Council).

2. Fast-Track Bail Benches

   • Establish dedicated bail benches in HCs and Sessions Courts with strict timelines.

3. Reduce Judicial Overreach

   • Judges must avoid assessing witness credibility or forensic evidence at bail stage.

4. Legislative Reforms

   • Revisit bail provisions in special laws (UAPA, NDPS, PMLA) to balance national security with liberty.

   • Consider statutory presumption of bail after a fixed period of custody.

5. Data & Monitoring

   • SC/HCs should publish annual reports on bail pendency and undertrial statistics.

   • Use NITI Aayog’s performance indices for states to improve judicial efficiency.

6. Global Learning

   • Adopt UK’s proportionality principle.

   • Move towards non-monetary bail models like US reforms to reduce inequality.

✅ UPSC Quick Facts

• 67% of India’s prisoners are undertrials (Law Commission 268, 2017).

• Hussainara Khatoon (1979) → Speedy trial is part of Article 21.

• Satender Kumar Antil (2022–25) → Bail delays must be reduced.

• Global practice: UK uses proportionality test, US moving away from cash bail.

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