UPSC Mains GS 2 Polity & Governance L13 Key SC Judgm. Minority Rights, UCC, Demolition Guidelines

UPSC Polity: Key Supreme Court Judgments 2024 | Minority Rights, UCC, and Demolition Guidelines (GS Paper 2) -------------------------------------------------------------------------------- Description: • Discussion covers Cultural and Educational Rights of Minorities (Articles 29 & 30) and constitutional provisions for their protection (Common and Special Domain). • Detailed analysis of the National Commission for Minorities (NCM), established in 1978 but given statutory status in 1992, including its composition and functions. • Critical appraisal of the NCM, which is often described as a "toothless tiger" or "National Commission for Tokenism," noting its insufficient investigative powers and lack of Constitutional status. • Examination of the legal challenges concerning the identification of religious minorities at the national, state, or district level. • Review of the legal status of Minority Education Institutions (MEIs), detailing the overriding of the 1967 Aziz Basha judgment and the application of the Genesis Test and Purpose Test to determine MEI status. • Analysis of the 2024 Supreme Court ruling in the Anjum Qadri Case, which struck down provisions of the UP Madrasa Education Board Act that regulated degrees such as Fazil and Kamil. • Crucial Supreme Court guidelines (Re Directions in Matters of Demolition of Structures 2024) aimed at restricting the "Bulldozer Culture," mandating due process, including a 15-day notice period and prohibition against the executive acting as a judge. • In-depth discussion on the Uniform Civil Code (UCC), covering its placement under Article 44 (DPSP) and its historical context, including the Hindu Code Bills and the Special Marriage Act, 1954. • Analysis of key UCC case laws, including the Shah Bano Case (1985) and the 2024 Mohd. Abdul Samad v. State of Telangana judgment, which upheld the maintenance rights of a Muslim woman under Section 125 of the CrPC. • Discussion on the outlawing of Triple Talaq (Shayara Bano 2017) and the subsequent Triple Talaq Act (2019), including its legal challenges. • Study of the Uttarakhand Uniform Civil Code, noting its inclusion of provisions for registering live-in relationships but its exclusion of Scheduled Tribes (STs) and silence on the Hindu Undivided Family (HUF) concept. -------------------------------------------------------------------------------- #UPSC #Polity #GS2 #MinorityRights #UCC #UniformCivilCode #SupremeCourtJudgments #NationalCommissionForMinorities #NCM #BulldozerJustice #RightToProperty #UPSC2024 #IndianConstitution