Will local job quotas pass the legal test?   

Karnataka State Employment Bill, 2024: Key Points

1. Background:
   • The Bill proposes private sector reservations for Kannadigas.
   • It is currently on hold due to backlash from business and industry leaders.
2. Constitutional Provisions:
   • Equality of Opportunity (Article 16):
     • Article 16(1): Guarantees equality of opportunity in public employment; prohibits discrimination based on race, religion, caste, sex, descent, place of birth, or residence.
     • Article 16(3): Allows Parliament to prescribe residence requirements for public office in specific states or Union Territories, not state legislatures.
   • Freedom of Movement and Residence (Article 19):
     • Article 19(1)(d): Ensures the freedom of movement throughout India.
     • Article 19(1)(e): Grants the right to reside and settle in any part of India.
     • Article 19(1)(g): Protects the right to practice any profession, occupation, trade, or business.
   • Legislative Powers (Article 35):
     • Article 35(a): Designates Parliament as the sole authority to make laws concerning residence requirements for employment or appointments to public offices, restricting state legislatures.
3. Constitutional Concerns:
   • Absence of Provision for Private Sector Reservation: The Constitution does not provide for reservation in the private sector.
   • Legislative Limits on Residential Criteria: State Assemblies cannot prescribe residential criteria for private sector employment; this power is reserved for Parliament under Article 35(a).
   • Impact on Fundamental Rights:
     • May infringe on citizens’ rights under Article 19(1)(d) and (e), restricting freedom of movement and the right to reside or settle in different states.
     • The quota system might violate Article 19(1)(g), impinging on individuals’ freedom to pursue occupations of their choice.
4. Status of Similar Laws in Other States:
   • Haryana:
     • Haryana State Employment of Local Candidates Act, 2020 mandated 75% reservation in the private sector for jobs with salaries up to ₹30,000.
     • This Act was struck down by the Punjab and Haryana High Court; the matter is pending before the Supreme Court.
   • Andhra Pradesh:
     • Andhra Pradesh Employment of Local Candidates in Industries/Factories Act, 2019 proposed 75% reservation for local candidates with a three-year training and engagement period.
     • This Act has faced legal challenges and has not been zealously implemented by the government.
   • Jharkhand:
     • Jharkhand Definition of Local Persons Bill initially faced resistance from the Governor over its constitutionality, especially regarding 100% reservation for locals in certain job categories.
     • The bill was re-enacted in December 2023 despite concerns about its constitutionality.

Way Forward:

1. • Inclusive Dialogue: The Karnataka government should engage in comprehensive consultations with all stakeholders, including industry representatives, legal experts, and civil society.
   • Impact Analysis: A detailed socio-economic impact assessment of the proposed reservation policy is needed to understand its potential benefits and drawbacks.

The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (2019)

On the student protests in Bangladesh   

 Student Protests Over Government Job Quotas in Bangladesh: Key Points

1. Casualties:
   • At least 130 people have died in clashes during student protests over government job quotas.
2. Reasons for Protests:
   • Opposition to Quota System:
     • Students protest against the 30% quota for freedom fighters and their descendants, believing it limits merit-based opportunities.
   • Reversal of Quota Reforms:
     • Protests intensified after the Supreme Court restored the quota system, reversing a decision to abolish it.
     • Students demand a more balanced and inclusive quota system.
3. Significance of the 30% Quota for the Awami League:
   • Legacy of Sheikh Mujib:
     • The quota system was introduced by Sheikh Mujibur Rahman; continuing it honors the sacrifices of freedom fighters and fulfills his legacy.
   • Political Significance:
     • The Awami League uses the quota to reinforce support within the bureaucracy and maintain political loyalty, aligning with the party’s historical and ideological narrative.
4. Escalation of Violence:
   • Trigger:
     • Violence escalated when Prime Minister Sheikh Hasina labeled protesters as “razakars” (traitors), enraging students.
   • Police and Military Involvement:
     • Clashes with police and the Rapid Action Battalion (RAB) led to further violence.
     • Military deployment to control unrest intensified the confrontation between protesters and authorities.
5. Misuse of Quotas:
   • Allegations of Abuse:
     • Claims that the quota system has been misused, with reservations extended to party operatives rather than deserving descendants of freedom fighters.
   • Dilution and Extension:
     • Initially meant for freedom fighters and war survivors, the quota has been extended to broader categories, raising concerns about fairness and effective utilization.
6. India’s Recent Initiatives to Strengthen Ties with Bangladesh:
   • Economic Cooperation:
     • India and Bangladesh agreed to strengthen trade and investment linkages, including early negotiations for a Comprehensive Economic Partnership Agreement (CEPA).
   • Capacity Building for Civil Servants:
     • India provides training and capacity-building programs for Bangladeshi civil servants through the National Centre for Good Governance (NCGG).
   • Development Assistance:
     • India, as Bangladesh’s largest development partner, extended approximately $8 billion in Lines of Credit (LOC) over the past eight years for infrastructure development in sectors such as roads, railways, and shipping.

Way Forward:

1. • Balanced Approach:
     • The Bangladesh government should consider a transparent and balanced quota reform that addresses both merit-based and reservation needs.
   • Monitoring and Accountability:
     • Establish mechanisms to monitor the implementation of quotas and prevent misuse.

The importance of both Quad and BRICS 

 Quad Foreign Ministers’ Meeting: Key Points

1. Present State of the UNSC:
   • Paralysis and Ineffectiveness:
     • The UNSC is currently unable to effectively address or resolve significant global conflicts.
     • Efforts to reform the UNSC have stalled, making it incapable of adapting to contemporary geopolitical realities.
   • Impunity in Violations of International Law:
     • International law is being violated with impunity in conflicts such as the Ukraine war and Israel’s assault on Gaza.
     • The UNSC’s inability to act decisively has contributed to a growing disregard for its authority and mandates.
2. Role of India in QUAD:
   • Strategic Partnership:
     • Enhances India’s strategic partnerships with QUAD member nations.
     • Facilitates collaborative efforts in maritime security, humanitarian assistance, and disaster relief operations.
   • Building Indo-Pacific Policy:
     • Aims to mitigate China’s assertive actions in the Indo-Pacific region.
     • Positions India for a leadership role in regional security.
   • Economic Collaboration:
     • Strengthens economic ties among QUAD nations, including infrastructure development at the Strait of Malacca.
     • Provides alternative financing options for Indo-Pacific countries.
   • Humanitarian Assistance and Disaster Relief:
     • India’s active engagement in humanitarian efforts, exemplified by Operation Sanjeevani during the COVID-19 pandemic.
3. Silverlining on BRICS:
   • Promoting South-South Cooperation:
     • BRICS represents a significant non-Western global initiative, bringing together major emerging economies.
   • Amplifying Voices in Global Governance:
     • With around 40% of the world’s population, BRICS nations can amplify their voices in global governance.
   • Fostering Economic Resilience:
     • Despite the COVID-19 pandemic, BRICS has emerged as effective in fostering economic resilience among its members.
   • Exploring Alternative Financial Mechanisms:
     • BRICS has established the New Development Bank (NDB) and the Contingent Reserve Arrangement (CRA) as alternative financial mechanisms.
   • Role in G20:
     • The BRICS group pushes for the inclusion of development issues in the G20 agenda.
     • Advocates for prioritizing the needs of developing countries, particularly in infrastructure investment and social sector support.
   • Promoting Sustainable Development:
     • Emphasizes responsible financing for green and sustainable development.
     • Initiatives like the NDB’s focus on sustainable infrastructure projects support achieving SDG Goal 9.
4. Conclusion:
   • There is a need to support and advocate for comprehensive reforms of the UNSC to address its paralysis and enhance its effectiveness.
   • Reforms should include expanding permanent membership to better represent contemporary global dynamics.
   • Improving decision-making processes is essential to tackle conflicts with greater agility.

RWANDA

 Rwanda’s Presidential Election: Key Points

1. Re-election of Paul Kagame:
   • President Paul Kagame has been re-elected with 99.18% of the vote.
   • This extends his tenure to nearly a quarter-century in office.
2. Background and Criticisms:
   • Allegations by Rights Groups:
     • Rights groups claim the election was marred by a crackdown on journalists, the opposition, and civil society groups.
   • Government’s Response:
     • The Rwandan government has rejected these criticisms.

Rwanda: Key Points

1. Geography and Location:
   • Officially the Republic of Rwanda.
   • Landlocked country in the Great Rift Valley of Central Africa, converging with the African Great Lakes region and Southeast Africa.
   • Borders: Uganda, Tanzania, Burundi, and the Democratic Republic of the Congo.
   • Highly elevated, known as the “land of a thousand hills”.
   • Geography: Mountains in the west, savanna in the southeast, numerous lakes throughout.
2. Climate:
   • Temperate to subtropical climate.
   • Two rainy seasons and two dry seasons each year.
3. Population:
   • Most densely populated mainland African country.
   • Fifth-most densely populated country globally among those larger than 10,000 km².
   • Capital and largest city: Kigali.
   • Predominantly young and rural population, one of the youngest populations in the world.
4. Economy:
   • Major cash crops: Coffee and tea.
   • Tourism: Fast-growing sector and leading foreign exchange earner.
5. International Memberships:
   • African Union, United Nations, Commonwealth of Nations, COMESA, OIF, East African Community.
6. Governance and Social Indicators:
   • Low levels of corruption compared to neighboring countries.
   • Ranks low in international measurements of government transparency, civil liberties, and quality of life.