[Polity] Crime and Criminal Tracking Network Systems
(CCTNS): features, Benefits
1. Crime and Criminal Tracking Network Systems(CCTNS) 2. What are the advantages of CCTNS? 1. Benefits to Senior police officers 2. Benefits to Investigating Officers 3. Benefits to Citizen 3. Future ahead: CCTNS 4. Current Progress of CCTNS 5. Bureau of Police Research and Development(BPRD) 6. What is National Police Mission (NPM) ? 7. Mock questions Lets first see how police database system used to work earlier.Ok so whats the problem in above system?
Duplication of records. Criminals will just move from one state to another. Very hard to track Repeated Offenders. Each police station has lot of individual records and files =just gathering dust. (plus very time consuming to search data in paper files) Crime and Criminal Tracking Network Systems(CCTNS) Project started in 2009. (In the wake of 26/11 attack.) This is a project under the National e-Governance plan. Itll set up infrastructure (computers, printer, scanner, UPS, router etc) in each police station. Itll connect each police station to a centralized framework. (total about 14000 police stations in country) Make biometric profile (fingerprints, blood group, birthmarks etc) of convicts. Details of Arrested/ Missing/ Kidnapped. Online tracking of complaints etc. The core software is developed by Wipro. (of Azim Premji) What are the advantages of CCTNS? Easy to track convicts. Biometric records of convicts are taken=no confusion in future. (e.g. if a criminal has done plastic surgery or got a fake driving license/election card to create new identity to settle in a different city/state.) In the old Don movie (starring Big B), criminals kept contacts and payment details in a Red coloured Diary. But in the remake of Don (starring Shah Rukh Khan), theyre using sophisticated hard disks! So, if criminals have upgraded their office-procedures, then police definitely needs more tech upgrades. Hahaha In many schemes (such as right to education), the state Governments need to contribute some money and they always keep crying that we dont have money so we cant implement it properly. But this CCTNS scheme is 100% centrally funded scheme=States cant make excuses. central data system is very useful for research on crime and for framing policies related to certain crimes. This is very important considering the recent rape incidents, the juvenile issue and also the nature/origin/background of convicts.
Benefits to Senior police officers (e.g. SP, DIG etc) 1. Efficient personnel /HR Management (e.g. salary, leave, promotion, transfer, training schedules etc. of the lower staff) 2. Effectively oversee the investigation. 3. They can quickly access the statistics regarding crime detection, investigation and prevention. 4. They need such statistical data before 1. a press conference, or 2. replying to an R.T.I. or 3. for supplying information to home minister, for questions asked in parliament/State legislative assembly. Benefits to Investigating Officers (ACP, Police inspector, etc) They can contact external agencies like J ails, Courts, Transport, Passport, Foreigners Registration Offices / depts., etc., for relevant information. Right now theyve to manually call people or write paper-letters or send their staff to collect the information. For example 1. Did xyz suspect was in jail during this xyz date or was he out on parole? 2. Did Mr.X visit xyz country on xyz date? 3. Is this car belong to Mr.X and was it previously owned by Mr.Y? They can file On-line reports to senior officers reduction of day to day paper work=now they can spent more time and energy doing actual investigation. They can access On-line library containing checklist on investigations, court judgments, police manuals etc. to prepare a full-proof charge sheet against the suspect. They can allot assignments, patrolling-schedules etc. to the staff quickly. Benefits to Citizen You can register complaints can online. You can track the progress on your FIRs online. (Similar to Track your application in Passport Seva Kendras- software developed by TCS company for Ministry of External affairs.). You can download various forms (police clearance for domicile certificate etc.) You requests police to verify background for servants, employment, tenants. senior citizen registrations can register themselves (so policeman will visit your home once in a while to see everything is ok) Motor Vehicle Tracking System, List of missing persons, unidentified persons & dead bodies. So you dont have to go from pillar to post to get such information.
FIR registration software Future ahead: CCTNS Centralized IT enabled Police Passport Verification=Faster verifications. Summons and Warrants can be approved online. In districts and remote villages, it takes a lot of time to reach court and get a warrant. In case of Inter-state crimes, faster and improved coordination among police stations. These are just some of the planned expansions. Many more can be introduced. (and you can asked to give suggestions during interview.) Current Progress of CCTNS All the States/UTs have started incorporating the system. Pilot schemes have been launched at various police stations in the country from J an 2013. These pilot schemes mean that those police stations will be using the CCTNS for all their police work. Now, for some other information regarding police reforms in the country: Bureau of Police Research and Development(BPRD) Setup in 1970. Acts as the consultant organization for Police reforms for the government. Conducts Research on Police development, -modernization, training, administration and other aspects. Conducts Seminar, Conferences on Police development. This BPRD has set up a National Police Mission (NPM). What is National Police Mission (NPM) ? Formulated in 2005. For initiation national level reforms in police. Various Micro Missions have been created under this Mission, such as: 1. Human resource Development. 2. Community Policing. 3. Communication and Technology. 4. Infrastructure. 5. Proactive Policing While this nation police mission mission is created with such high level objectives, it will work only if the state governments take its recommendations seriously and actually undertaking police reforms. Mock questions Q1. Find Correct statement? 1. CCTNS is an initiative by Ministry of Home affairs for modernization of police 2. The Centre and State will share the cost of building CCTNS infrastructure in the ratio of 75:25. a. Only 1 b. Only 2 c. Both d. None Q2. Find correct statement 1. The Software Development Agency for creation of software for the CCTNS project is TCS. 2. The partner for Ministry of External Affairs in the Passport Seva Kendras is Wipro. a. Only 1 b. Only 2 c. Both d. None Q3 Find incorrect Match Subject List a. Public order State b. Criminal law, including all matters in IPC. Union c. Criminal procedures, including all matters in CrPC Concurrent Mains 1. BPRD. (5 marks) 2. CCTNS.(5 marks) 3. Discuss the features and benefits of Crime and Criminal Tracking Network System.(15 marks.) Essay 1. Police Reforms 2. Policing the Police [Polity] Judicial Impeachment, reforms, Judicial accountability Bill,Sri Lankan CJ Impeachment
1. J udicial Accountability: intro? 2. J udges Impeachment: India 3. J ustice Soumitra Sen impeachment 4. J ustice P Dinakaran impeachment 5. Reforms necessary 6. J udicial Standards and Accountability(J SA) Bill 7. National J udicial Oversight Committee 8. Sri Lankan Chief J ustice Impeachment 9. Mock Questions Judicial Accountabil ity: intro? J udicial Impeachment is an ongoing issue in a lot of countries, including India. There are a lot of related topics in this issue, which will be discussed below individually. The judiciary is the interpreter of the constitution. It is the chief redressal mechanism for all the citizens. Its accountability is therefore utmost necessary. But, the review of the accountability cannot lie fully with the legislature too. Hence in India, we have a system in place under the J udges Inquiry Act,1968. Judges Impeachment: India A minimum number of 100 members in Lok Sabha or 50 members in Rajya Sabha have to give motion for the impeachment of a judge. An inquiry committee is setup with the constitution as follows 1. Chief J ustice or any other J udge of the Supreme Court. 2. One Chief J ustice of High Court. 3. An eminent J urist. After the committee enquires into the matter, report submitted to house. The judge (SC or HC judge) has to be proved to have acted in incapacity or misbehavior. The motion is put to vote and when both houses pass the motion with a 2/3 rd members present and an absolute majority, the judge is impeached. Justice Soumitra Sen impeachment Motion was brought by Mr.Arun J aitley and Mr.Sitaram Yechury in Rajya Sabha. The enquiry was setup and J ustice Sen was found guilty of misappropriating funds related to a case. The RS passed the motion. Before it could go to LS for voting, J ustice Sen resigns. Now, since he has resigned from his post, there is no case of impeaching him. The law is silent regarding the resignation of judge during impeachment. Hence, there is no legal binding on the judge to sit through the impeachment proceeding. This has enabled Mr.Sen to live like a common citizen, getting his pensions, boasting legal titles ex-SC judge, etc. He gets monthly pension too!! Justice P Dinakaran impeachment The motion was brought in LS. The committee was formed to look into the allegations was formed. Before the committee could even start doing some fact finding, J ustice Dinakaran resigned. Reforms necessary The judges can easily escape the embarrassment of an impeachment proceeding by resigning from their post. So even if a judge has resigned, the proceedings should continue against him for impeachment. A resignation can be accepted only if the President accepts it. Even without amending the law, the President can withhold the resignation letter of the judge till the proceedings follow through. For a long term solution, an amendment has to be passed to make sure that if an impeachment proceeding has been accepted in the Parliament, then resignation is not an option! Now, let us look at some other current affairs related to J udicial Impeachment. Judicial Standards and Accountability(JSA) Bill Though the above reforms do not come under this bill, the J SA bill is an amendment to the procedure to be followed in matters of impeachment of judges. The J udicial Standards and Accountability Bill, 2010 requires 1. J udicial Standards and Accountability Bill, 2010 requires 2. lays down judicial standards, and 3. establishes processes for removal of judges of the Supreme Court and High Courts. National Judicial Oversight Committee The Bill establishes the National J udicial Oversight Committee, the Complaints Scrutiny Panel and an investigation committee. Any person can make a complaint against a judge to the Oversight Committee on grounds of misbehaviour. A motion for removal of a judge on grounds of misbehaviour can also be moved in Parliament. Such a motion will be referred for further inquiry to the Oversight Committee. Complaints and inquiries against judges will be confidential and frivolous complaints will be penalised. The Oversight Committee may issue advisories or warnings to judges, and also recommend their emoval to the President. (Courtesy: prsindia.org) Sri Lankan Chief Justice Impeachment SL CJ Mrs.Shinara Bandaranayake was appointed, first, as a SC judge without any experience in 1996. She was an Associate Professor at the University of Colombo earlier. Hence, her appointment as the Chief J ustice was also widely seen as politically motivated. In 2012, she did not allow the SL Parliament to pass a vital bill giving for wide powers to the Centre overriding the powers of the Provinces. So, the Parliament started impeachment proceedings against her in allegations of corruption, misappropriation of funds, corruption charges related to her husband, overstepping of authority,etc. The main problem in SL is that there is no law, like the J udges Inquiry Act in India, to define the process for impeachment proceedings. When a similar issue came up in 1984, the SL Parliament passed a standing order to form a Parliamentary Select Committee(PSC) for investigating impeachment allegations. The PSC formed in this case was widely political in its constitution, with 7 of its 11 members being from the ruling party. Without any surprises, the PSC recommended the impeachment of Mrs.Bandaranayake and the SL President has also appointed a new Chief J ustice. Though the allegations maybe true or false, the way in which the PSC was formed and the whole trial was conducted, has tainted the impeachment proceeding. This has also lead to widespread support to Mrs.Bandaranayake. Mock Questions 1. Who among the following will be members of an enquiry committee if setup, to look into allegations resulting in removal of judge in the Supreme Court of India? a. J udge of the Supreme Court b. Chief J ustice of a High Court c. J udge of a High Court d. Eminent J urist Answer choice: a) A,B,C b)A,B,D c)A,D, B or C d) None of these 2. Who is the new Chief J ustice of Sri Lankan Supreme Court? a. Mohan Peiris b. Kumar Rantanade c. C.G.Weeramantry d. Shirana Bandaranayake Mains 1. What are the main features of the J udicial Standards and Accountability Bill,2010? (150 words) 2. Sri Lankan Chief J ustice impeachment was a case of right impeachment through wrong methods. Do you agree? (200 words) Polity] Juvenile Justice Act: features, Controversy post Delhi-Gangrape, National Commission for Protection of Child Rights (NCPCR)
1. What is J uvenile J ustice Act 2000? o Features of J uvenile J ustice Act o Special J uvenile Police Unit 2. Why in News/Controversy? 3. Pro arguments (=reform needed) o J uvenile J ustice in other countries United Kingdom United States of America Australia o PIL in Delhi Highcourt 4. Anti-arguments (no reform needed) 5. Reforms initiated 1. UP 2. Kerala National Commission for Protection of Child Rights (NCPCR) Functions of NCPCR? Constitutional Provisions UN DECLARATION OF THE RIGHTS OF THE CHILD Mock questions What is Juvenil e Justice Act 2000? In India, we have accepted the policy of no imprisonment for children for any offence. The J uvenile J ustce Act of 2000 is the tool to implement that policy. The Crimes committed by those under the age of 18, fall under this act. Applicable across India (minus J ammu and Kashmir). Full name: J uvenile J ustice (Care and Protection of Children )Act, 2000 (J J A) J J Act deals with two categories of children
Child in need of care and protection J uvenile in conflict with law Who? Children found in difficult circumstances and are in danger of survival and growth.For example rescued from a brothel, illegal factory etc. Children involved in crime. Authority Child Welfare Committee. J uvenile J ustice Board. Under J J act, ^each category of children are kept in separate care-houses. Child himself can appear before the Competent Authority and demand his/her rights. Features of Juvenil e Justice Act 1. J uvenile cannot be kept in police lock-up or jail. 2. J uveniles cannot be treated or sentenced in the same manner as the adult criminals. 3. Cases involving juveniles are tried by juvenile J ustice board and not by regular courts. 4. J uvenile J ustice board consists of magistrate and two social workers. 5. The case is decided by majority. 6. If a J uvenile criminal is convicted, at maximum he gets three years in a reform facility. Thereafter he must be released on probation. 7. J uvenile can only be kept at the special home till he attains 18 years of age. 8. Capital punishment (hanging) or life imprisonment cannot be imposed on a J uvenile offender, irrespective of the gravity of the crime. Special Juvenile Police Unit J J Act has provision for setting up such unit in every police station. Police office of ASI or above rank shall work as as Child Welfare Officer. He shall be assisted by two local NGOs. These units are supposed to identify the children who are vulnerable to engaging in criminal behavior, and extend help to them. But in most of the districts in India, such police units are either not formed, or theyre non-functional. Why in News/Controversy? One of the rapist in Delhi case, claims to be a J uvenile. Delhi police will file a separate charge sheet against him in a juvenile court. Even if he is convicted, hell get maximum 3 years stay in a J uvenile reform facility. Once he attains majority (18+), he cannot be kept with minor convicts at J uvenile reform facility AND he can he be sent to jail with adult convicts. So hell be released. This so called juvenile accused, had beat that Delhi gangrape- victim with an iron rod mercilessly. Yet the law calls him a juvenile and hell be released with very light punishment. Therefore, people are angry. Reforms Sought The age limit should be lowered for juvenile criminals. In case of heinous crimes such as rape and murder, the J uvenile criminals should be tried just like adult criminals. Pro arguments (= reform needed) The National Crime Records (2011) speaks for itself Crime J uveniles (boys under 18) caught approx. numbers Rape 1200 Murder 1100 Kidnapping 500 Burglary 500 3 years very low The J J Act provides that a J uvenile Criminal be placed in a reform facility for maximum 3 years. But there is no logical or scientific reason which shows that a juvenile will be reformed within three years. In the case of the Delhi rapist, there is no assurance he will be reformed in three years and will not pose a threat to society for the rest of his life once released. Juvenile Justice in other countries United Kingdom Here, the age of criminal responsibility, is set at 10 years. Means any individual above the age of 10 is considered fully aware of the difference between right and wrong. In case of a juvenile offender, he can either be tried as a juvenile or as an adult, depending on the heinousness of the crime. United States of America Same as UK=if the crime was heinous (rape, murder etc.), the juvenile offenders are tried as adults. Australia Any individual over 14 years of age is held accountable of any crime committed by him. whether the individual is to be tried as a minor or an adult depends again on the heinousness of the crime. India In India, were giving blanket protection to everyone less than 18 years old. Hell, J uveniles are exempt even from special laws such as POTA, National Security Act etc. India too should move towards a J uvenile J ustice system with differential penal provisions. (=if a juvenile has Committed any heinous crime, he must be tried and punished just like a regular adult criminal.) PIL in Delhi Highcourt This PIL seeks Delhi Highcourt to declare some provisions of the J uvenile J ustice Act as ultra vires. Because recent incidents show that juveniles, who have attained the age of 16 years, are involved in serious crimes. Such J uveniles are quite well developed and they do not need the care and protection of the society. Rather the society needs care and protection against them. A person committing a serious crime after attaining the age of 17 years and 364 days cannot be treated differently from the person who commits the same crime after attaining the age of 18 years and one day. Anti-arguments (no reform needed) The age limit for juvenile justice should not be reduced because Most of these children grow up in an environment where they are neglected or face mental, physical or sexual abuse themselves. These happen because most of the children belong to the poorest of the poor sections of society and grow up watching violence and abuse in their families and neighbourhoods. Throwing them in a jail will not help in their rehabilitation. Main reason for juvenile crime is the failure to protect vulnerable children from falling under the influence of drugs or in the wrong company of adults. Delhi alone has around 80,000 children on its streets. When children are living on the streets or in pitiable conditions, they can easily come under the influence of criminal-minded adults. Juvenile Criminals have not increased The rate of crime by children (that is, the number of children committing offences per lakh of the population) has not seen a substantial increase in the last decade It has gone from 0.9 in 2000 to 2.1 in 2011. Hence, the demand to lower the age of juvenility is not supported by crime data relating to children in India. Similarly India has seen very low J uvenile crime compared to Development countries such as USA. Country J uveniles arrested (2011) USA More than 11 lakhs India Around 34,000. Awarding death penalty to a J uvenile will be barbarous in a civilized society. A juvenile should not be imprisoned for life, without parole. Because it would place an unnecessary burden on the taxpayer. If a J uvenile is sentenced for long-term prison, he might get into company of hardcore criminals and come out as a member of organized crime rather than reformed and responsible citizens. It is the certainty rather than the severity of punishment that deters. Reforms initiated UP The Uttar Pradesh government has put forward a proposal that in the case of rape, only those under the age of 16 be treated as juveniles. (=age limit reduced). Kerala Kerala state Government has decide to amendment to the Kerala J uvenile J ustice (Care and Protection of Children) Rules The Social welfare department officials have also suggested that of juvenile justice rules need not apply in gruesome crimes such as the Delhi gang rape and such juvenile offenders be treated like adult criminals. National Commission for Protection of Child Rights (NCPCR) It is a statutory body. (not Constitutional body like CAG or EC) Act passed 2005 But Commission actually set up in 2007 Functions of NCPCR? Review national laws, policies regarding Child rights. Recommend measures to Government for their effective implementation. Present annual reports to central Government. Examine all factors affecting child- rights and suggest steps to Government Look into matters relating to 1. Terrorism 2. Communal Violence 3. Riots 4. Natural Disasters 5. Domestic Violence 6. HIV AIDS 7. Trafficking 8. Maltreatment 9. Torture And Exploitation 10. Pornography 1. Children in distress, 2. Marginalised and disadvantaged children, 3. Children in conflict with law (juveniles offenders) 4. Children without family 5. Children of prisoners. Other functions 1. Study international treaties and their implementation in India. 2. promote research in the field of child rights 3. Spread child rights literacy 4. promote awareness 5. through publications, media, seminars and other available means 6. Inspect juvenile custodial homse 7. Inquire into violation of child rights and recommend initiation of proceedings in such cases 8. Can Receive Complaints. (any language under 8 th schedule, no fees). 9. Can take sup moto notice for child rights cases. 10. Enjoys powers of a civil court. (can summon documents, persons, witnesses etc.) 11. Can recommend Government to provide interim relief to the victim/his family. 12. Can approach the Supreme Court or the High Court and request them to issue orders or writs. 13. Can recommend Government to initiate prosecution against child rights violators. Constitutional Provisions 15/3 State to make special provisions for women and children. 21A Right to education 23 Human trafficking and forced labour 24 Child labour 39 Healthy Development of children 45 Early childhood care +education 47 State to raise level of nutrition and standard of living UN DECLARATION OF THE RIGHTS OF THE CHILD According to UN definition, Children=all under Age of 18. Category Provisions Survival 1. The child shall be entitled from his birth to a name and a nationality. 2. Enjoy the benefits of social security. 3. Adequate pre-natal and post-natal care. 4. Adequate nutrition, housing, recreation and medical services. 5. Child shall not be separated from his mother, unless exceptional circumstances. 6. Child shall be among the first to receive protection and relief, in all circumstances and disasters. Protection 7. State shall provide special treatment for physically, mentally or socially handicapped children. 8. Society and the public authorities shall provide special care to children without a family or means of support. 9. Shall not be the subject of traffic, in any form. 10. Protected against all forms of neglect, cruelty and exploitation Development 11. Shall not be employed before an appropriate minimum age. 12. Free and compulsory education, at least in the elementary stages. 13. Full opportunity for play and recreation. ^list not exhaustive, just listing the fodder-worthy points for essay/interview. Mock questions Q1. Which of the following is/are correct about J uvenile J ustice Act 1. It only deals with the children accused a crime. 2. It is applicable in case of special acts such as POTA (repealed) or National Security Act etc. 3. In case of heinous crimes, it allows the judiciary to treat juveniles as adult criminals. Ans a. Only 1 and 2 b. Only 1 and 3 c. Only 2 and 3 d. None. Q2. Which of the following is outside the jurisdiction of National Commission for Protection of Child Rights (NCPCR)? 1. Take suo moto notice of cases related to child rights. 2. Sentence jail term to persons involved in child-abuse. Ans. a. Only 1 b. Only 2 c. Both d. none Q3. Correct Match Article Related with 1. 21A, 45 Child education 2. 23 Forced labour 3. 24 child labour a. Only 1 and 2 b. Only 1 and 3 c. Only 2 and 3 d. All Q4. Who among following enjoys to the powers to legislate on matters related to Prison, reformatories, borstal* institutions and other such institutions? a. State b. Union c. Both (concurrent) *Borstal=Formerly a British reform school for youths considered too young to send to prison. Descriptive Each for 12 marks (120 words) 1. What are the salient Features of J uvenile J ustice Act 2000 (12m) 2. Examine the need for reforms in J uvenile J ustice Act. 3. List the functions of National Commission for Protection of Child Rights (NCPCR) 4. Discuss the Initiatives taken by Government for protection of Child Rights. Essay 1. In serving the best interests of children, we serve the best interests of all humanity. 2. If we are ever to have real peace in this world we shall have to begin with the children. 3. J ustice and peace can only thrive together, never apart. 4. A society that has more justice is a society that needs less charity. 5. Silence in the face of injustice is complicity with the oppressor. 6. An act of justice closes the book on a misdeed; an act of vengeance writes one of its own. Interview 1. What are the responsibilities of a district collector regarding protection of child rights? 2. Are you in favor of reducing age limit of J uvenile criminals? Yes/no why? [Polity] DNA Profiling Bill: Features, Applications, Criticism
1. What is DNA profiling? 2. Why DNA profiling? 3. Real life Application: Pune Blast 4. DNA Profiling India vs China+USA? 5. Salient Features of DNA profiling Bill 6. Structure 7. Anti-Arguments o Doesnt increase crime-detection o Misuse for Caste identification o Mistake is possible o Evidence Tempering 8. Suggestions 9. Timeline 10. Mock Questions What is DNA profiling? It involves collection of a few skin cells, muscle tissues, a hair root or a tiny amount of blood or saliva etc. body fluids. Then, DNA strands are extracted from the sample. DNA profiling is useful for solving crimes, confirming if people are related to each other, paternity testing, identifying dead bodies, missing persons etc. Why DNA profiling? DNA profiling =best method to identify a person. DNA can be collected from body fluids, hair or even from a wine glass or spoon you just used. An individual gets 50% of ones DNA from each of ones parents=can be be used to identify parents, siblings and relatives of an individual. Can help to trace people who are suspected of committing a crime. Can exonerate (free) the suspects who are innocent. An individual punished by the court can demand DNA testing to prove his innocence. Real life Appl ication: Pune Blast Delhi police has taken blood samples of Indian Mujahideen operatives of Pune Blast. On the other side, Pune Police has collected DNA samples from the apartment in Pune where they were living prior to the blast. Example toothbrushes and shoes used by the operatives and even strands of hair. This is a common method adopted by the police forces in the US and other countries to prove a suspects involvement in a crime. DNA Profiling India vs China+USA? CBI has sent a letter urging Government to pass the DNA profiling bill quickly, citing following reasons:
China India Police DNA Laboratories ~280 ~6 DNA profiles ~53 lakh DNA profiles Lolz, yet to pass the bill. Similarly Federal Bureau of Investigation (FBI), USA already has ~10 million DNA profiles. Salient Features of DNA profili ng Bill provides for a national database of DNA profiles. ThisDNA database will be used for 1. crime detection 2. as an evidence in judicial proceedings for admissibility of evidence Bill legalises collection and analysis of the DNA samples for 1. Repeat offenders, 2. suspects, 3. missing persons, 4. unknown deceased persons 5. volunteers for forensic DNA profiling in cases related to 1. murder 2. miscarriage (abortion), 3. dowry deaths 4. sexual assault 5. paternity suits (like purposes. N.D.Tewari) etc. Using these profiles, Bill creates indexes within every databank including: crime scene indexes, suspects index, offenders index, missing persons index, unknown deceased persons index, volunteers index etc. This will help searching particular entery very quickly. The DNA profile of an individual will be deleted if that person were to be acquitted after the trial. DNA profiles can be shared with other countries for cases related to terrorism, narcotics, illegal human organ sale etc. Structure The Bill establishes following organizations: DNA Profiling Board @National and State levels. To laydown laboratory standards procedures for collection analysis of DNA samples etc. Will be headed by molecular biologists+ members from legal, police, biology etc fields. National DNA Data Bank State DNA labs will collect samples and feed the data to National DNA Database= can be accessed anywhere. Help to solve inter-state crime. Anti-Arguments While the DNA profiling bill aims to modernize the crime detection and conviction, the experts give following arguments against the bill. Doesnt increase crime-detecti on When UK police created DNA database, did not help to solve more crimes, despite millions of profiles being added to the database. Misuse for Caste identifi cation DNA can reveal very personal information about an individual, including medical history, family history and location. This database could be used to create DNA databases of different caste populations of India. The Working group of 11 th Five Year plan said DNA profiling technology could be used to study Human population of different castes in India. Assumption caste is an immutable genetic trait. Problem It ignores the fact that individuals change their caste and that caste is not uniformly passed on in marriage. Misuse the experts and NGOs fear that in long term, such caste DNA database could be misused, for example 1. Asking every person for DNA test, before granting him/her caste certificates. 2. Instead of conventional population survey, Government could use DNA profiles for Extrapolating statistics and then increase/decrease reservation for a particular category in particular state. 3. Excluding a particular caste or a group of people from reservation benefits. 4. Screening potential suspects on basis of caste. Can be used to brand certain individuals and communities as people with criminal traits, just like Britishers had branded certain tribes of Northern and Central India as criminal tribes in past. 5. knowledge of an individuals exact social background can damage the institution of an arranged marriage. Furthermore, using caste for forensic purposes and to develop DNA databases could far too easily be abused and result in the profiling of individuals, and identification errors. Mistake i s possibl e Assumption DNA evidence is infallible (100% full proof) Problem Bill ignores the possibility of false matches, cross- contamination, and laboratory error. For example 1. Aarushi murder case forensic expert who testified failed to remember which samples were collected at the scene of the crime! 2. French diplomat rape case DNA report came out with both negative and positive results! 3. Abhi shek rape case DNA sample had to be reanalysed after initial analysis did not prove conclusive. Yet the Bill does not mandate a set of best practices that could help in minimising these errors. Evidence Tempering Ideally court order should be necessary if a private citizen wishes to see the DNA database. But here, the DNA Data Bank Manager is empowered to grant access to any person or Government agency that he considers appropriate! This can lead to tampering of evidence in case of high profile cases involving VVIP criminals and politicians. Thus leading to conviction of innocent person and or exoneration of real criminal. Although DNA Profiling Bill, provides penalties for misuse of data : jail up to three years and a fine of up to 10,000. Suggestions DNA profiling should be done only for serious crimes and not minor offenses. Destruction of DNA samples once a DNA profile is created. Clearly defining when a court order is needed to collect DNA samples, defining when consent is required and is not required from the individual for a DNA sample to be taken ensuring that the individual has a right of appeal. Timeline 2007 draft Human DNA Profiling Bill was made public but it had many shortcomings, led to lot of opposition from NGOs, activists etc. hence this bill was never introduced in parliament. Then Govt. asked Department of Biotechnology + Centre for DNA Fingerprinting and Diagnostics (CDFD) Hyderabad, to update the 2007 Bill. 2010 Tamil Nadu State Governmnt sought to amend the Prisoners Identification Act 1920 to allow for the establishment of a prisoners DNA database 2012 DNA data bank for armed forces personnel is setup. Itll help identification of mutiliated dead bodies during war etc. This is unique as so far only USA and Israel have such facilities. Uttar Pradesh government ordered mandatory sampling for DNA fingerprinting of dead bodies. Feb 2012 New version of bill leaked.Bill is sent to various ministries for their comment and feedback. Dec 2012 CBI writes letter to Government, to quickly pass this bill. Mock Questions 1. What is DNA profiling? List its applications. (12 marks) 2. Write a note on the Salient features of Draft DNA profiling Bill. (10 marks) 3. Ethical issues involved in DNA profiling. What is your personal view on them? (Interview). Polity] Cauvery/Kaveri Water Dispute between Tamil Nadu and Karnataka,History, 2012 flare up and future
1. Introduction 2. History of the issue 3. Why confusion over creation of Tribunal? 4. Cauvery Water Dispute Tribunal(CWDT) 5. 2012 and the final showdown: 6. The future, what lies ahead: Introduction The peninsular rivers as one must have studied in geography , are depended on the annual monsoon. So their flow is dependent on the success/failure of monsoon. This year the monsoons were not even close the expectations. So the states that have been sharing the river waters have come under extra pressure to save their farmers, among which, the already heightened battle is the Cauvery water dispute between Tamil Nadu and Karnataka. This issue is definitely not new and has been raging for more than 5 decades now. Terms Tmcft Thousand million cubic feet. Unit of volume which means total water released. Cusecs Cubic feet per second. Unit of flow which means the water flow released continuously.
History of the issue The river Cauvery has been shared by the states under 2 agreements The Interstate agreements of 1872 and 1924. All was well, till the late 1960s when Karnataka wanted to build 4 new reservoirs in the tributaries of Cauvery. The Planning commission did not approve to give funds and neither did the Central government. But Karnataka state went ahead with the building of the reservoirs with its own funds. These reservoirs were
1. Harangi 2. Kabini 3. Hemavathi 4. Suvarnavathy This diverted some of the water of Cauvery due to which Tamil Nadu protested. It directed the Centre to create a Tribunal. But since the Centre did not create one, Tamilnadu moved the SC to order the centre. The tribunal was finally formed in 1990. Why confusion over creation of Tribunal? Article 262 neither the Supreme Court nor any court shall exercise jurisdiction in water dispute between states. But the Supreme Court commented that it can however order the Centre to create a Tribunal which it is supposed to do so under the Art.262 and the Interstate Water Disputes Act,1956. Cauvery Water Dispute Tribunal(CWDT) To cut short to the story, the CWDT came up with its final order in 2007, giving region Water (tmcft) TN 419 Karnataka 270 Kerala 30 Puducherry 7 Both Karnataka and Tamilnadu contested this CWDT order in the Supreme Court via Special Leave Petitions (SLPs), which are still pending. This has prevented the Centre from publishing the CWDT award in the gazette(which means it will implement the award). In the meanwhile, because of the long time the CWDT took to give its decision, it gave an interim order in 1991 itself for the riparian states. To implement this interim measure, the Cauvery River Authority (CRA) and the Cauvery Monitoring Committee(CMC) were formed. 2012 and the final showdown: Among all this drama, confusion and powerplays there emerged a new problem. The CWDT did not come up with a formula for situations when the flow in Cauvery was low(meaning a drought kind situation). This is why the issue has flared up so much in 2012 as this year Karnataka has refused to release water on this basis. Karnataka side Tamil Nadu side 1. Low monsoons, so low flow in Cauvery. Water 1. Samba crop growers are mainly dependent on Cauvery river. Irrigation is the main water source in the area. not enough for their own farmers. 2. Very unstable political situation in Karnataka with 3 CMs changing. 3. So Cauvery being a very sensitive issue nobody wants to give it up easily. So their livelihood in danger. 2. The government not wanting to notify the final order of CWDT is also agitating, as there seems to be no end to the problem. 3. The government replied that it will notify the CWDT tribunals award by December end. But it has not done so. The reason is still not known(maybe even political). TN was wishing that there could be some relief if the gazette notification comes (in 2007 itself) but even after the Tribunals award the issue has been politically and legally entangled for the past 5 years. So TNs position is in a deadlock. Amid this the Supreme Court had asked the 2 Chief Ministers to meet up and try to finalize on the issue but that too failed. Supreme Court also asked the Central government whether it had any intention to publish the CWDT tribunal award for which the Centre has replied that it will publish the award by December end but it has not done it. The future, what lies ahead: 1. The Centre must publish the CWDT order as soon as possible. 2. In the middle of all this the CWDT chairman has resigned, and no new chairman has been assigned yet. So the new chairman has to be assigned who has to be going-to-retire SC judge. 3. The CRA and CMC were only interim measures and thus when the award is published they will cease to exist. A new Cauvery Management Board (CMB) has to be formed to oversee the proper distribution of the river. 4. The major cause for the confusion is the SLPs being admitted in the SC. They have been pending for the last 5 years. They must be done away with as soon as possible. 5. Proper use of the Cauvery water by both sides so that they dont become too dependent on the water. 6. The water sharing formula in low flow years must be formed with as soon as possible. Mock Questions Q1. find Correct statements 1. The SC enjoys original jurisdiction over Interstate water disputes 2. Article 262 empowers the SC to create Tribunals for Interstate river dispute a. only 1 correct b. only 2 correct c. Both correct d. Both Wrong Q2 The Kaveri river is shared between 1.TN 2.Karnataka 3.Kerala 4.Puducherry answer choice: a) 1,2 b)1,2,4 c)1,2,3 d)All the four interview 1. Suggest measures to solve Cauvery conflict. 2. If case a stressful board, Why do you think your state deserves more water? Is it fair? (applicable to both states candidates) Polity] Chhattisgarh Food Security Bill 2012: Salient Features
1. Who is not covered? 2. Who gets benefit? 3. Arguments: Chhattisgarh Food Security bill 4. National Food Security Bill fiasco =Direct Cash transfer? o #1: Fiscal Deficit o #2: Identification of Beneficiaries o #3: lack Manpower and Administrative machinary 5. Some Food Quotes for thought Who is not covered? Following families have been excluded from the benefits of Chhattisgarh Food security Bill: 1. Those who pay income tax or property tax 2. Those who own over 4 hectares of irrigated or 8 hectares of non-irrigated land in non-scheduled areas Given these conditions, only 10% of Chhattisgarh residents will be excluded, and 90% of the public will get the benefits of Food security. Who gets benefit? Everyone who doesnt fall in above category, is covered under Food security bill. The people are then classified into three categories and given benefits accordingly househ old Antyodaya priority General foodgrai n 35 kg for Rs.1/kg 35kg for Rs.2/kg Rice @9.50,Wheat @Rs.7.50,Max 15 kg iodized salt free free NO black gram 2 kg for Rs.5/kg 2kg for Rs.5kg NO Pulses 2kg for Rs.10 2kg for Rs.10/kg NO Cost to the State treasury=Nearly Rs 2,500 crore. That is almost 6% of Chattisgarh states GDP. Other features: 1. covers the public distribution system, school meals, anganwadis (including take-home rations for pregnant/lactating women and children under three 2. free meals for the destitute and homeless. 3. It provides for not just food grain (what, rice etc) but also gram, iodized salt. 4. Plus the food given to children (under mid-day meal) pregnant women and lactating mothers, will have additional nutritional standards like calorie and protein value. 5. Ration cards would be issued on the name of the eldest woman in a family. (Women empowerment) 6. Panchayat and Municipalities will be responsible for implementation of the Act. 7. entitlements will be given on the basis of per household and not on per person. 8. Going beyond the Centres definition of Antyodaya, the Chhattisgarh Government has declared as Antyodaya households=all families of vulnerable social groups including tribal groups, widows or single women, terminally ill persons, physically challenged persons, elderly-headed households with no assured means of subsistence and persons freed from bonded labour. To prevent such leakage and corruption, the Bill provides for 1. Computerisation of records and publication of all beneficiary and benefits given to them. 2. Gram Panchayats will be allowed to run ration outlets. 3. Officials will be punished for non-compliance, under Essential commodities act. 4. Vigilance committees 5. social audits by Gram Sabha etc. Arguments: Chhattisgarh Food Security bill Anti Pro No need to give them actual food.J ust transfer cash directly transferred to poor families bank account and let them purchase stuff from market. Not enough bank/post-office branches in Rural areas, particularly Maoist affected areas of Chattisgarh. Besides, no guarantee that if cash transfer is done, poor man wont waste it on desi-liquor. This bill covers everyone except those who pay income tax, property tax or own big farm land. But a lot of people who can otherwise buy food at market rate, are also covered for vote-bank purpose. This will unnecessarily increase fiscal deficit of the State. Government should only care for extremely poor people and not everyone, who can afford to live without state support. Inflation has eroded the purchasing power of lower middle class people. Therefore, Government should provide them with cheaper foodgrains, so whatever money is saved, the family can spend it on other things such as education. National Food Security Bill fiasco =Direct Cash transfer? UPA Government at the centre, also wanted to introduce National food security. But this dream hasnt materialized just like those non- serious applicants in UPSC and other competitive exam. Why? #1: Fiscal Deficit Government doesnt have enough incoming money (Revenue) to buy so much foodgrain and give it to poor people at cheaper rate. Itd require approx Rs.2 lakh crores per year. Consider it this way: one on side, Mohan wants to keep the minimum support price (MSP) high for the farmers. At the same time, he also wants to sell cheap food grain, so from whose pocket will the difference come out? Obviously tax-payers. But people cannot be taxed beyond a level. And Governments outgoing money (Expenditure) is already high thanks to fuel, fertilizer subsidies and defense purchases. One can look at the recent hike in petrol, LPG as a measure to reduce outgoing money, to make room for affording the Food security Act (or similar other scheme.) Government tried to increase the incoming money by disinvestment (that is selling Governments shares in PSUs) but investors are not interested in buying shares at high price, hence money collection target is not achieved. #2: Identification of Beneficiari es 1. There is already disagreement between Planning Commission and various ministries over who should get how much subsidized foodgrain. 2. UPA wants the National Food security Act to have a Comprehensive coverage (=marketing-shockvalue during elections). 3. For example Chhattisgarh Food security gives benefit to everyone except those who pay income tax/ property tax/ own big farm-land=90% public covered, only 10% people are not- eligible. So this is wide coverage. 4. Similarly States such as Tamilnadu already have provision for very cheap food grains. 5. So, if beneficiary coverage is small (e.g. only those earning less than Rs.3000/month are covered), then it wont create the marketing shock value for elections. 6. Hence wide-coverage necessary but to do such wide- coverage on a national-scale=>need truckload of cash, which central Government doesnt have. 7. And if Government tries to implement food security without increasing its incoming money (Revenue), itll lead to huge fiscal deficit=other problems such as inflation, depreciation of rupee, decline in IIP etc. (more explained in earlier fiscal deficit article). 8. So Mohan will have to nit-pick on who should get how much cheap foodgrain =new survey, new ID cards need to be issued=lengthy and time consuming process, cannot be finished before 2014 Lok Sabha election. #3: lack Manpower and Admini strative machinary Chhattisgarh is a small state, so not very difficult to administer such food security scheme. But for a country large as India, Central Government doesnt have the infrastructure or manpower to implement Food security on its own. And doing this food security work via State Governments machinery =opens up room for all sort of corruption, leakages. Therefore Mohan seems to have concluded that Food Security is an implausible idea in its present form. Better just to send money directly to bank accounts of poor people, rather than relying on State Administrative machinery to run a full-fledged food security Act. Hence he recently announced Direct cash transfer prior to Gujarat, HP elections which basically hints that food security has taken a backseat for Direct cash transfer scheme. Some Food Quotes for thought on Centrall y Sponsored Schemes 1. The (Punjab) state government is of the view that the centrally- sponsored schemes do not serve desired purpose and should be abolished and the state should be given their earmarked allocation as un-tied grants. States are in a better position to leverage their strengths and utilise the funds according to their development needs. (Statement of Punjab CM Prakash Singh Badal in NDC meeting.) 2. 12 th Five Year plan document spoke of one more sham exercise in which the so-called centrally-sponsored schemes are to be abolished with fund transfers to states. Undoubtedly, they would be reborn in another guise. (Tamilandu CM Jayalalitha @NDC meeting) 3. States have different priorities from the centre and should not be asked to partially fund central schemes. (Madhya Pradesh CM Shivraj Singh Chauhan @NDC) 4. 12 th Five Year plan document is just an approach to centralise the public resources with government of India in terms of deciding priorities and nature of development schemes. Countrys resources should be allocated to the state and central plans equally. (Karnataka Chief Minister Jagdish Shettar). 5. An impression has been created that the government is all set to launch UID-enabled cash transfers on a mass scale before the 2014 elections. This is very misleading, and looks like an attempt to make people rush to UID enrollment centres. (Statement made by Four members of the NAC including Aruna Roy + former NAC members Jean Dreze and MS Swaminathan) [Polity] IOA Suspension from IOC, National Sports Code: controversy, implications expl ained
1. What is IOC? 2. What is IOA? 3. J urisdiction over Sports 4. How can Union Government regulate sport? 5. National Sports Development Code 2011 6. What does National Sports Code say about elections? 7. Delhi High Court verdict on IOA/NSF election 8. Why did IOC ban IOA? 9. Implication of IOAs Suspension? 10. De-recognition by Government ? 11. Why Archery and Boxing Banned? 12. Mock Questions What is IOC? International Olympic Committee. It is the supreme authority for organizing Olympic Games. Created by Pierre de Coubertin (the father of Modern Olympics) Motto: Citius, Altius, Fortius (Latin) =Faster, Higher, Stronger. HQ: Switzerland. Next Olympics:
City Country Year Winter Olympics Sochi Russia 2014 (Summer) Olympics Rio De J aneiro Brazil 2016 What is IOA? Indian Olympics Association. IOA is responsible for sending Indian Sportsmen to 1. Olympic Games 2. Commonwealth games 3. Asian Games IOA is also responsible for organizing National Games. Jurisdiction over Sports Constitution of India: Seventh schedule provides the separation of legislative powers
Who What Total items List I Union Only Union (parliament) can make laws in these matters. 100 List II State Only State legislature can make laws in these matters. 61 List III Concurrent Both union +state 52 And only (Union) Parliament can make laws for residuary matters, i.e. topics that are not covered in Iist I, II and III Sports, cinema, theatre, amusement: these matters fall under jurisdiction of State List (item No. 33). So the first question is How can Union Government regulate sport? For long, the National Sports Federations (NSF) and Indian Olympic association (IOA) have maintained that theyre autonomous and independent. Theyre only accountable to their respective international bodies for example, BCCI to ICC, IOA to IOC. Therefore, Government shouldnot, cannot and must not interfere with their internal functioning! But in 2010, Delhi High court gave following verdict: 1. Yes, National Sports Federations have autonomy to conduct sports. BUT international sporting events are an essential part of diplomatic relations (Foreign affairs). That matter falls under Union list, 7 th Schedule. 2. Although Sports, cinema, entertainment fall under State List, 7 th schedule BUT there are issues such as whether we should participate in a sports event held in a particular country or not? Thatd require diplomatic clearance from Union Government. 3. Therefore, Union Government has full jurisdiction to make regulations and laws on National Sports Federations (NSF) and Indian Olympic Association (IOA). National Sports Development Code 2011 Ministry of Youth and Sports, created National Sports Development Code, 2011 to set out guidelines for election and working of IOA and NSFs. The National Sports Code deals with many things such as 1. Fair and transparent elections for IOA/NSF 2. Age-tenure limit for Office bearers of IOA/NSF 3. Sexual harassment of Women athletes 4. Selection of coaches 5. Anti-Doping rules 6. Making them answerable under Right to Information Act (R.T.I). What does National Sports Code say about elections? 1. You cannot serve as President of IOA/NSF for more than 12 years. (4 years x 3 terms) 2. If youve already held any of these posts for more than 12 years, you cannot not compete in the elections. 3. If your age is 70 years or above, youre not eligible for the post of President, Secretary General or the Treasurer of IOA/NSF. Delhi High Court verdict on IOA/NSF election A PIL was filed in Delhi High court that most of national sports federations are mismanaged and have become feudal empires of politicians, they donot retire and keep getting elected again and again. This has led to gross mismanagement of Sports. For example For example, Mr Vijay Kumar Malhotra, age 80 (BJ P) has been President of the Archery association since 1973. Similarly the infinitely awesome Suresh Kalmadi (Congress) has been President of Indian Olympic Association for last 19 years. In September 2012, Delhi High Court gave judgement on this PIL and ordered IOA and NSFs to conduct elections according to the National Sports Code. Why did IOC ban IOA? Indian Olympic Association (IOA) had to conduct elections, according to National sports code (meaning buddha-log cannot compete etc.). If IOA did not follow National sports code, itd amount to contempt (disrespect) to Delhi High courtss order =J ail time for IOA officials. So they conducted elections according to National Sports Code, in Dec 2012. But Internation Olympic Committee (IOC) did not like it. Not one Bit. IOC had repeatedly told the Indian Olympic Association (IOA) not to follow the governments sports code for the elections because it would imply that Government is interfering in sports. Thatll be a violation of the Olympic Charter and compromise of sports autonomy. Therefore when IOA conducted the elections, IOC suspended IOA. Implication of IOAs Suspension? It leads to following consequences: 1. International Olympic Committee (IOC) gives about 90,000 dollars per year to every nations Olympic association +other monetary help in training, coaching, scholarships etc. India will no longer receive it. 2. The officials of Indian Olympic Association, will not be invited by the IOC to attend its events like the Olympics and Paralympics. 3. Indian athletes will not be allowed to compete under the Indian flag. 4. However, Indian athletes can to compete as as Independent Olympic Athletes But that means whatever new medals Sushil Kumar or Mary Kom wins, they will not be counted as medals won by India. This is not the first time. Other countries have been banned in past Country Why suspended? 1. South Africa for its apartheid policy (i.e. policy of discriminating between black and while people). 2. Kuwait For Government interference. 3. Netherlands Antilles 4. South Sudan for not forming their national Olympic Committees. But then things are sorted out with dialogues and peaceful negotiations. De-recognition by Government ? Except BCCI, no sports federation in India gets earns truckload of money. So they depend on Government for ca$h and patronage. If any Sports Federation doesnt fall in line with Government regulations then Government can De-recognize it. Derecognition leads to following outcomes: 1. Those Sport federations will not receive cash from Government. 2. They cannot use word India while sending teams into international sporting events. 3. They cannot claim exemption in custom duty payment while importing sports equipments from abroad. 4. Athletes who win the tournaments organized by such unrecognized NSFs, cannot claim job-reservation in Railways, Income Tax Department etc under Sports Quota. Why Archery and Boxing Banned? After IOC suspended IOA, the Government of India also got in mood and tempo and has derecognized Indian Archery and Boxing associations. But the reason is different. Recently Archery Association held elections for its president and same Mr.Vijay Malhotra (age 80) got re-elected. Similarly Boxing federations election was not held in transparent manner. So this is against the National Development Code. Besides Delhi High Court had ordered Government that if any National sports federation doesnt follow the code then you must deregonize it. Solution? Once Archery and Boxing associations will have conduct elections again, and comply with National Sports Code,then theyll be re- recognized (if there such a word in dictionary). Mock Questions Q1 Find Correct Statements: 1. Next Winter Olympics =Vancouver, Canada 2. Next Summer Olympics =Madrid, Spain a. Only 1 b. Only 2 c. Both d. None Q2. Find Incorrect Statements: 1. International Olympic Committee (IOC) is a specialized agency of UN. 2. Motto of Olympics is Citius, Altius, Latius a. Only 1 b. Only 2 c. Both d. None Q3 Which of the following is incorrectly matched? 1. Union List Marriage and Divorce 2. State List Sports 3. Concurrent List Betting and Gambling a. Only 2 b. Only 1 and 3 c. Only 2 and 3 d. Only 1 and 2 Q4. Wrong Statements 1. In 2012, Kabaddi World cup was held at Chandigarh, Punjab. 2. The mascot for this game was J AANBAZ, the eagle. a. Only 1 b. Only 2 c. Both d. None Q5. Which of the following is not a function of Indian Olympic Association? 1. Sending Indian Athletes to Asian Games. 2. Sending Indian Athletes to Commonwealth Games. a. Only 1 b. Only 2 c. Both d. None [Polity] Right to carry cash and Right to be left alone
1. Background: Right to Carry Cash 2. Problems in Model Code of Conduct 3. Constitutional articles involved 4. HC Verdict on Right to carry cash 5. Mock questions Background: Right to Carry Cash December 2012=State Assembly elections in Gujarat. Model code of conduct (MCC) is in effect since October. Under this Model code of conduct, EC officials started searching vehicles and premises to seize cash/(desi) liquor meant for influencing voters. Whenever cash, gold etc worth Rs 2.5 lakh/more were found, theyd notify the income tax (I-T) department. and I-T officials will reach the spot in the shortest possible time for inspection. Problems in implementation of MCC Among Gujarati businessmen, much of the cash- transactions are carried by private couriers (and not through regular banking channels). So EC squads ended up seizing lot of cash that was not meant to influence voters, but just part of routine business activities. EC earlier used to seize gold-biscuits and jewellery in transit also. But Some EC officials were arrested for robbing silver bricks from a trader in the name of search and seizure. So EC had to direct its squads not to seize bullion and jewellery! All of this was creating much inconvenience to the businesspersons = Public Interest Litigation (PILs) filed in Gujarat Highcourt. Constitutional articles invol ved 21 Protection of life and personal liberty. 226 Power of High Courts to issue writs. 324 Power of supreintedence, direction and control of election =vested in an Election Commission. HC Verdict on Right to carry cash Supreme Court has already said that a person, as long as he does not break the law, would be entitled to enjoy life and liberty. Therefore, Right to be let alone is recognised to be a right that falls under Article 21 (right to life and personal liberty). Hence Election Commissions order of seizing cash above Rs 2.5 lakh is Ultra vires (beyond powers) of EC, because it violates Article 21 We direct the EC to stop this activity. Search and seizure should not take place unless there is some specific input/intelligence that money is being transferred to influence the voters. Mock questions 1. Which of the following statements are correct? 1. Under Article 324, EC enjoys the Power of supreintedence, direction and control over Elections. 2. The writ jurisdiction of Supreme Court is smaller than that of High court. a. Only 1 b. Only 2 c. Both d. None 2. Which of the following is not a right provided under Art. 21? a. Right to be left alone b. Right to fair trial c. Right against Custodial harassment. d. Right to be released after 24 hours, unless magistrate authorises further detention. Essay 1. Any society that would give up a little liberty to gain a little security will deserve neither and lose both. 2. The liberty of speaking and writing guards our other liberties. [Polity] Prohibition of Unfair Practices in Schools Bill 2012 and Central Advisory Board of Education (CABE): Features, functions
1. What is Central Advisory Board of Education (CABE)? 2. Objectives of the bill? 3. Unfair Practices Prohibited under the Bill 4. Punishment 5. Anti-argument 6. Mock Questions What is Central Advi sory Board of Education (CABE)? It is the highest advisory body to advise the Union and State Governments in the field of education. Particularly for the matters related to 1. Review of the National Policy on Education, in the light of the significant socio-economic and socio-cultural developments taking place in the country. 2. Girls Education and the Common School System 3. Universalization of Secondary Education 4. Integrating Culture Education in the School Curriculum 5. Regulatory Mechanism for the Text Books and parallel text books taught in schools outside the Government system 6. Autonomy and Financing of Higher and Technical Education. Composition /Members HRD minister=chairman Ministers/officials of Union, State, UT- from relevant Departments (Education, Science, Tribal, Social J ustice etc) 6 MPs Representatives from schools, academicians, NGOs etc. Why in News? Because CABE has come up with a Prohibition of Unfair Practices in Schools Bill 2012 Objectives of the bill? 1. Put an end to the unfair practices prevalent in Indian schools. 2. Protect the interests of teachers and students. Unfair Practices Prohibited under the Bill Exploitation of Teachers 1. recruiting teachers without qualification 2. recruiting teachers on part-time basis. 3. giving teachers and other administrative staff lesser salary than shown in the school records. 4. Exploitation of teachers through various other means (e.g. asking them to teach in more than one school ran by the same Management.) Exploitation of parents 1. Demanding capitation fees/donation for admission. 2. Not giving the receipts of fees-payment. 3. Charging fees for information brochure, prospectus, admission form or an admission test (Theyll have to provide all such information on its website or notice board.) 4. forcing students to purchase books, uniforms and other stationery from a particular shop. 5. Insisting for private coaching in the school or outside after the school hours. 6. Providing false or misleading advertisement. Students 1. Allowing students to appear for board exams, without conducting classes. 2. Helping students to cheat during board exams. 3. withholding students to appear in any examination (e.g. for not paying fees) 4. expelling a student due to poor academic performance. 5. Not showing answersheets to parents/students. 6. discrimination of SC, ST, OBC, physically challenged students. 7. denying admission or expelling any student if he/she is reported to have any serious diseases such as HIV/AIDS. 8. corporal punishment in class. (e.g. beating the students for not doing homework.) 9. Any type of sexual harassment. Punishment The bill proposes to setup following authorities 1. State Education Tribunal 2. National Education Tribunal Theyll receive the complaints and give punishments. Courts cannot interfere/give stay-orders in ^their proceedings. The burden of proof would be on the schools. Punishment Upto Fine 10 lakhs (will goto the consolidated fund of India) J ail 3 years. Anti-argument We are against corporal punishment and instruct the teachers not to beat students. But a teacher cannot be forced to undergo jail term for punishing the students to follow the right path. (-Progressive Recognised Teachers Union (PRTU)) Mock Questions MCQ Which of the following statements are correct? 1. Central Advisory Board of Education (CABE) is composed to oversee the Right to education only. 2. Union Minister for Social J ustice is the chairman of Central Advisory Board of Education (CABE). Descriptive (Mains) 1. Critically examine the need and feasibility for Universalization of Secondary Education in India. (25 marks) 2. Write a note on the Salient features of Prohibition of Unfair Practices in Schools Bill 2012. (15 marks) 3. Examine the need for Common School system in India (12 marks) 4. Recommendations of J ustice J S Varma Commission on teacher education. (10 marks) 5. List the steps/initiatives taken by Government to promote Girl education in India? (10 marks) 6. Central Advisory Board of Education (5 marks) Essay A punishment to some, to some a gift, and to many a favor. Interview It is good to completely ban and criminalize corporal punishment of children? What about that saying Spare the rod and spoil the child? [Polity] Rights of Persons with Mental illness and [Public Health] Mental Healthcare Bill: Features, Criticism
Topic important because of syllabus 1)Rights issues under Prelims/CSAT and 2) Public Health under General Studies (mains) paper 1 1. Two issues with Mental illness 2. #1: Taboo 3. #2 Abuse 4. What is Mental Illness? 5. Examples of Mental Illness 6. Rights given to Mentally ill patients 7. Right to Non-discrimination 8. Right to live with dignity 9. Confidentiality 10. Free treatment 11. Right to Humane Treatment without cruelty 12. Right to Personal Contacts & communication 13. Right to Information 14. Right to make Complaints 15. No punishment for Suicide Attempt 16. Right to Legal Aid 17. Duties of Government 1. Authority #1: Mental Health Review Commission 2. Authority#2: State Panels of the Mental Health Review Commission 3. Authority#3: State Mental Health Authority 4. Duties of Police Officers 5. Duties of Prison Authorities 18. Diagnosis and treatment 19. Independent patients: Advanced Directives 20. Incapable patient 21. Minor Patient 22. Compulsory registration of Mental Health Establishments 23. Medical Research on Patient Two issues with Mental illness #1: Taboo Mental illness is curable just like a physical disease. Although there are some diseases where 100% cure is not available but still with the use of drugs and therapy, a patient can serve as a productive member of the society. Yet there exists lot of stigma and misunderstanding in the society. By and large, society believes that if a person was mentally ill, he will remain mentally ill forever. Therefore such person has hard time finding a job/bride/getting accepted by the society. #2 Abuse Sometimes the relatives of mentally ill persons, are interested in lodging him into the asylum forever- to grab his property. Sometimes family members donot send the mentally ill person to the asylum fearing that his brothers and sisters wont find suitable marriage partners. Then such person is forcibly confined at home, sometimes even chained and ill-treated. There are many bogus mental health care institutes, where patients are ill-treated, sometimes even sexually abused. The Draft Mental Healthcare bill, tries to fix both this issues. What is Mental Illness? a disorder of mood, thought, perception, orientation and/or memory. Includes mental conditions associated with the abuse of alcohol and drugs, but excludes mental retardation (e.g.Downs syndrome). Examples of Mental Illness Name Symptoms Paranoia Patient has deep conviction that everyone, including his or her closest family members, wants to injure or destroy him. Heavy Depression Patient feels that life is so dreary and unhappy that it is better to commit suicide. Anorexia person has an intense fear of gaining weight. He severely restricts food intake and usually becomes extremely thin. Phobia intense and persistent fear of a specific object for example telephone, spiders etc. Obsessive-Compulsive Disorder(OCD) Common obsessions include fears of contamination from germs, doubts about whether doors are locked or appliances are turned off, hoarding vast amounts of useless materials, and repeating words or prayers internally. Such persons keeps repeating same activity over and over again. Schizophrenia A person with schizophrenia has difficulty telling the difference between real and unreal experiences, logical and illogical thoughts, or appropriate and inappropriate behavior. He avoids social contacts, hears voices inside his that command him to act in strange or unpredictable ways. Dementia/Alzheimers Disease In the early stages, patient experience some memory loss then to a decrease in thinking ability such as decision making. Later such patient cannot perform daily activities or recognize his loved ones, because of damage in brain cells. Rights given to Mentall y ill pati ents The draft Mental healthcare bill gives following Rights Right to Non-discrimination Public and private insurance providers cannot deny medical insurance to a person because he has (or had) medical illness. Mentally ill patient is entitled to the use of ambulance services in the same manner and quality as provided to persons with physical illness. Right to live with dignity 1. All persons with mental illness have a right to live in, be part of and not be segregated from society. 2. A person cannot be labeled as mentally ill merely because He took past treatment or hospitalization in mental health establishment His behavior is in non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing in a persons community 3. proof of a persons current or past treatment for mental illness shall not by itself be ground for granting divorce 4. No person with mental illness shall continue to remain in an asylum, merely because he does not have a family or is not accepted by his family or is homeless. Itll be responsibility of the Government to provide them shelter/community homes. 5. Mentally ill person cannot be locked up in police custody or in jail. Right to Confidentiality No person or authority shall classify that a person has (or had) a mental illness, except for purposes directly relating to the treatment of mental illness. For example, a newspaper cannot write a report like Thieves robbed Mr.X but he unable to recall their faces because of dementia. A person with mental illness has a right to confidentiality in the context of his mental health, mental health care and physical health care. Protection of privacy, in particular for women during and after treatment. Right to confidentiality also applies to all information stored in electronic format / website / in public or private sector. Right to Free treatment Government shall provide budgetary allocations so that 1. No person with mental shall have to travel long distances to access mental health services. 2. Free treatment to Mentally ill person who are poor (with or without BPL card) or destitute or homeless. 3. As a minimum, essential medicines shall be available free of cost to all persons with mental illness at all times at health establishments. Right to Humane Treatment without cruelty 1. No patient shall be subjected to any cruel, inhuman or degrading treatment in a mental health establishment 2. Not to be forced to undertake work in a mental health establishment 3. to not be subject to compulsory tonsuring (shaving of head hair). 4. not be forced to wear uniforms provided by the hospital. 5. To be protected from all forms of physical, verbal, emotional and sexual abuse. 6. No Electro-convulsive therapy or shock therapy for minors 7. For adult patient- ECT/Shock therapy only with use of anesthesia. 8. No Sterilization of men or women 9. No chaining of the patients 10. provision for food, space, and articles of personal hygiene during the stay in hospital. 11. have facilities for leisure, recreation, education and religious practices. Right to Personal Contacts & communication 1. A patient in mental asylum has the right to refuse or receive visitors. 2. He shall be allowed to make a reasonable number of telephone/mobile phone calls at reasonable times of the day. 3. He shall be allowed send and receive mail and email. Right to Information 1. A person with mental illness and his Nominated Representative shall have the right to know the nature mental illness and the proposed treatment plan including the side effects of drugs. 2. If the patient is unable to understand such information because of his illness, still his nominated representative can ask for the information. 3. When the treatment is complete, the ex-patient can ask for all the details regarding the treatment and medicines given to him. Right to make Complaints A mentally ill person or his nominated representative can complaint for Deficiencies or poor quality of treatment given in the hospital to the State Mental Health Authority and if not satisfied with the response he can approach State Panel of the Mental Health Review Commission No punishment for Suicide Attempt Any person who has attempted to commit suicide shall be examined by a psychiatrist. If the psychiatrist certifies that the person has a mental illness, then such person cannot be prosecuted for attempted suicide under Indian Penal Code (Section 309). Criticism This can only be described as a stop-gap arrangement. The section 309 of Indian Penal Code should be deleted. No person should be tried for attempting suicide, irrespective of what psychiatrist says about his mental condition. The only countries in which attempt to suicide is punishable are India, Pakistan, Bangladesh and Malaysia. The penalty had its roots in the religion that considered life and death as godly acts over which man should not have any control, notwithstanding the legality of capital punishment. But Scientific studies have proved that a person attempting suicide is a victim of circumstances and deserves sympathy and psychiatric treatment, rather than punishment. Right to Legal Aid Person with mental illness shall be entitled to receive free legal services to exercise any of the rights given to him. Duties of Government Through television, radio, print and online media, display ads to create awareness and reduce stigma associated with mental illness. Government shall setup following authorities for securing the rights of Mentally ill patients. Authority #1: Mental Health Revi ew Commission HQ: Mumbai Composition 1. President =serving/ retired Chief J ustice of a High Court 2. Psychiatrist with at least 15 years experience 3. a person with mental illness or representative of persons with mental illness and, 4. representative of families and care-givers to persons with mental illness or NGO in the field of mental health, and 5. One member with a background in public health administration. Functions Appoint and remove members of the State Panels Give guidance to the State Panel Advise the Central Government on matters relating to the promotion and protection of rights of persons with mental illness Authority#2: State Panels of the Mental Health Revi ew Commission Composition 1. Chairman: Serving / retired District J udge 2. Representative of the District Collectors 3. healthcare professionals 4. Persons with past mental illness/ care givers/ NGOs Functions Itll entertain the complaints from mentally ill persons / their nominated representatives. In exceptional circumstances, the State Panel shall accept an application made verbally over telephone from a person admitted to a mental health establishment. Itll have judicial powers to call for evidences, witnesses. It can impose punishment ranging from six months to two years and/or fine from Rs 10,000 to Rs five lakh Visit jails to make sure no mentally ill person is forcibly lodged in it. Registration, renewal and modification of advanced directives (and maintain electronic database) and give that database to concerned psychiatrist. (explained in bottom part of this article) Authority#3: State Mental Health Authority This will be made up of Secretary, Department of Health, State Government and other Government officials. Functions of State Mental Health authority 1. Inspect and register all mental health establishments in the state. 2. maintain and publish (including online on the internet) a register of such establishments. 3. supervise all mental health establishments in the State and receive complaints about deficiencies in provision of services. 4. make rules and regulations for the registration of clinical psychologists, mental health nurses and psychiatric social workers in the State. 5. Train judicial officers, police officers, mental health professionals etc. about the provisions and implementation of this Act. 6. Advise the State Government on all matters relating to mental health care and services. Duties of Police Officers Wandering people If the police officer believes that xyz person wandering around his area, and has mental illness -then he shall to take him to the nearest public health establishment. Two situations can happen Situation 1: If the psychiatrist certifies that xyz person has mental illness, then Police officer shall lodge an FIR of missing person, try to find the relatives/family members of that patient. hell produce the patient in front of magistrate, and magistrate will send him to a mental asylum for treatment. Situation 2: If the psychiatrist certifies that xyz person doesnt have mental illness, then Such person will be sent to either his home or to Government establishment for homeless people. In either situation, a homeless/wandering person cannot be locked up in police custody. Cruel family members If the police officer believes that xyz person living (not wandering) in his area, has some mental illness but he is forcibly confined in his home or neglected or mistreated by his family members. (just like Anupam Kher in the movie Betaa) Then the police officer shall bring this matter before a Magistrate, who shall decide the future course of action. Duties of Prison Authorities The Medical officer of every jail shall send quarterly reports to the State Panel that there are no prisoners with mental illness in my jail. All sounds well and good until now. But still the experts are criticizing this bill heavily, why? Lets examine those provisions of the bill. Diagnosis and treatment There are two types of patient: Independent patients: Advanced Directives 1. Those in a early stage / mild disease. They are aware of what theyre doing and theyre capable of making decisions e.g. yes I feel Ive xyz disease and I need to get treated 2. These people can write an application called advanced directives this is similar to property will. It lists the directives like where do you want to get treatment, who is your nominated representatives to decide treatments or legal actions on your behalf etc. 3. State Panels of the Mental Health Review Commission will keep this database and provide it to the concerned hospital or psychiatrist. Incapable pati ent 1. Those who are suffering from some severe mental disease/emergency situation 2. Theyre completely dependent on family and relatives for every decision. 3. Such person can be admitted to a mental care institute on the written consent by his guardian/nominated representative. But he cannot be kept in the institute for more than 30 days. After every 30 day, the psychiatrists will have to give certificate whether he is treated or required further medical care. 4. State Panels of the Mental Health Review Commission will keep an eye on such cases. Criticism The State Panels will be usually under-staffed, they cannot physically visit and check every patient. And this give ample opportunity to abuse the law for example A private mental institute has profit motive to keep writing reports that person still needs treatment after every 30 days. If the family members/relatives of the patient want to grab his property, theyll also not raise objection to above practice. In fact they might encourage the private institute to keep the patient lodged in forever. Thus this bill deprives liberty of disabled persons and favours medical professionals and psychiatrists. the role of the judiciary has been taken off and a psychiatrist can decide whether a person can be put in mental asylum or not. Minor Patient A person less than 18 years shallnot be admitted to mental care institute except in exceptional circumstances. He cannot be given Electro Convulsive Therapy (ECT) or shock therapy. Criticism Banning of Electro Convulsive Therapy (ECT) or shock therapy altogether in minors can be a problem because many a time it is an emergency life-saving procedure. Say a 16-year-old with severe depression is wheeled into the OPD with indications of suicidal ideation; do we not give him ECT? The legal provisions should not affect the medical aspects of care. (Dr Roy Abraham Kallivayalil, national president of Indian Psychiatry Society) Compulsory registration of Mental Health Establishments Bill says No person or organization shall run a mental health establishment unless it has been registered with the State Mental Health Authority. Youve to apply, they visit and inspect your premises and give you the license. Criticism 1. Will lead to license-inspector-bribery raj. 2. The penalty provisions are not deterrent enough, as there is only a fine of Rs 50,000 proposed on the first offence 3. There is no scope for general hospital care of psychiatry. Mentally ill persons have to be treated in separate registered institutions. 4. We have only 4,000 psychiatrists in government and private sector together. Compulsory registration would lead to many private hospitals shutting shop. This would add to the existing shortage of specialists. Medical Research on Patient Medical professionals can conduct research, on patients with mental illness including testing of drugs, but only after taking written consent of patient or his nominated representative/ guardian. Criticism Private hospitals have profit motive in allowing pharma companies to conduct research. And if such companies offer money to nominated representative/relatives, then imaging the plight of a patient- they will be turned into Guinea pigs. Bill needs more stringent provisions and oversight over medical research on mentally ill patients [Polity] Indecent Representation of Women: IRWA Act amendment
1. What is IRWA? 2. Why do we need to amend it? 3. Proposed amendments 4. Critiques of IRWA amendment 5. Constitutional angle: What is IRWA? Indecent Representation of Women (Prohibition) Act, (IRWA) was enacted 1980. Why? Ans. To prohibiting the indecent representation of women through advertisement, publication, writing, and painting. Why do we need to amend it? Because the existing Act, in its present form, covers the print media. But, over the years, technological revolution has resulted in the development of newer forms of communication =Internet, youtube, SMS, MMS, Cable TV, Direct to Home (DTH) TV, etc. Therefore, we need to widen the scope of the law so as to cover these new forms of media. +need to increase the punishment. Proposed amendments In Oct 2012, the Union Cabinet approved following Amendments in IRWA 1986 1. law will cover the audio-visual media and material in electronic form. 2. Penalties to be enhanced
Maximum jail Fines First conviction 3 years 50k to 1 lakh Repeat offender 7 years 1 lakh to 5 lakhs 3. Police officers not below the rank of Inspectors will be authorized to carry out search and seizure. Critiques of IRWA amendment The move has not gone down well with the television, online and advertising industries. Executives fear the law may be abused by the government to censor content. 1. the issues the amendments deal with, are already covered under in the IT Act and they have even stronger punishments than the ones given in IRWA Act. 2. There should be guidelines or parameters that define indecent, else the amendments can, at best, be described as blurry. What constitutes indecent is subjective. Most worrying is that what constitutes indecent will be left to a police inspector to decide. 3. Indecent representation of any gender across any form of media is not acceptable- Whether it is male, female or child. Hence the name of the Act should be Indecent Representation of (Prohibition) Act, (IRA) instead of Indecent Representation of Women (Prohibition) Act. Constitutional angle: 1. Fundamental duty (Art 51): It should be duty of every citizen of Inida to renounce practices derogatory to the dignity of women. 2. National Commission for Women (NCW; a Statutory body) reviews the Constitutional and Legal safeguards for women.
Ref 1. http://www.livemint.com/Politics/9HbpgYwWDrY1iaXMaEnhYI/U pdate-to-indecency-law-worries-ad-TV-industry.html?facet=print 2. http://timesofindia.indiatimes.com/india/Cabinet-OKs-tougher- indecency-legislation/articleshow/16774368.cms [Polity] 2nd ARC: Ethics and Corruption (4th Report): Election Reforms, State Funding of Elections
1. What is Ethics? 2. What is Rule of Law? 3. Two Viewpoints in Fighting Corruption 4. 3 Factors behind Corruption in India 5. Politics and Ethics 1. Election =Mother of corruption 2. Criminalization of politics 3. Election reforms already in process 6. Election Funding 1. Three Patterns of State Funding of Elections 2. Election Funding In India 3. Dinesh Goswami Committee on Electoral Reforms 4. Indrajit Gupta Committee on State Funding of Elections 5. Election and Other Related Laws Act 2003 6. 2 nd ARC Recommendation on Election Funding 7. anti-defection legislation 1. 91 st Amendment 2003 2. Anti Defection : EC 8. Disqualification of Candidate 9. Publication of Accounts by Political Parties 10. Coalition Politics and Ethics 11. CEC Appointment method should be changed 12. Disposal of Election Petitions 13. Disqualification for Membership (art.102) 14. Ethics in Public Life 15. Code of Conduct for Ministers 16. 2 nd ARC on Ministers code of conduct 17. 2 nd ARC on Legislators Code of Conduct 18. Separation of Powers: Executive vs Legislative 19. 2 nd ARC on Separation of Powers 20. Mock Questions First some fodder quotes for Essays related to Corruption and Ethics: All that is necessary for the triumph of evil is that good men do nothing (Edmund Burke) The punishment suffered by the wise who refuse to take part in government, is to suffer under the government of bad men (- Plato) Righteousness is the foundation of good governance and peace. (Confucius) Man himself must become righteous and then only there shall be righteousness in the world. Be the change you wish to see in the world (Gandhi) The line separating good and evil passes not between states nor between classes but through the middle of every human heart. (Aleksandr Solzhenitsyn) What is Ethics? Ethics is a set of standards that helps guide conduct. Ethics is a set of standards that society places on itself Ethics helps to guide behaviour, choices and actions of citizens. The Crux of ethical behaviour does not lie in bold words and expression, but in their adoption in action. It may not always be possible to establish the criminal offence of misappropriation in a court, but a Government servant can still be removed from service for unethical conduct. E.g. An engineer may have deliberately permitted the construction of a defective irrigation dam or building. It may not be possible to get him convicted in court on charges of corruption but he could be removed from service on grounds of incompetence. What is problem in Ethics? The present codes of conducts are not direct and to the point. They are full of vague sermons that rarely indicate prohibitions directly. Law should be so succinct that it can be carried in the pocket of the coat and it should be so simple that it can be understood by a peasant (-Napoleon) Blame games We always find alibi for our lapses by quoting trespass from other democratic institutions, by resorting to a blame game. legislators blame the judiciary and vice versa civil services blame interference by the political executive or legislatures and vice versa. (but) The standard should be one of not only the conduct of Caesars wife but of Caesar himself. If any of the democratic institutions leaves space, the mafia or extra-constitutional authority occupies that space. What is Rule of Law? Rule of law measures whether crime is properly punished or not; enforceability of contracts; extent of black market; enforceable rights of property; extent of tax evasion; judiciarys independence; ability of business and people to challenge government action in courts etc The purpose of a government is to make it easy for people to do good and difficult to do evil (British PM Gladstone) The word corrupt is derived from the Latin word corruptus, meaning to break or destroy. The word ethics is from the original Greek term ethikos,meaning arising from habit. Corruption is so deeply entrenched in the system that most people regard corruption as inevitable and any effort to fight it as futile. This cynicism is spreading so fast that it bodes ill for our democratic system itself. Two Viewpoints in Fighting Corruption First Approach:Instill Values The implicit assumption is that until values are restored, nothing much can be done to improve the conduct of human beings Second Approach:Punish the Guilty most human beings are fundamentally decent and socially conscious, but there is always a small proportion of people, which cannot reconcile individual goals with the good of society. purpose of organized government is to punish such deviant behaviour If good behaviour is consistently rewarded and bad behaviour consistently punished, the bulk of the people follow the straight and narrow path. Both approaches should be pursued side by side because 1. Values are needed to serve as guiding stars, and they exist in abundance in our society. A sense of right and wrong is intrinsic to our culture and civilization 2. But Values without institutional support (and punishment) will soon be weakened and dissipated. Mindmap Check this Excellent Mindmap prepared from unthta.wordpress.com
3 Factors behind Corruption in India colonial- legacy colonial legacy of unchallenged authority and propensity to exercise power arbitrarily. In a society which worships power, it is easy for public officials to deviate from ethical conduct asymmetry of power asymmetry of power in our society. Nearly 90% of our people are in the unorganized sector. And nearly 70% of the organized workers with job security and regular monthly wage are employed by the state directly or through public sector undertaking Such asymmetry of power reduces societal pressure to conform to ethical behaviour and makes it easy to indulge in corruption. Opportunity In the pre-LPG era, the over regulation, severe restrictions on economic activity, excessive state control, near-monopoly of the government in many sectors and an economy of scarcity all created conditions conducive to unbridled corruption. many state subsidies and beneficiary-oriented programmes enhanced opportunities to indulge in corruption and reduced the citizens capacity to resist extortionary demands. Two types of Corruption coercive corruption Citizens are forced to pay bribes. (for example Ration card, Driving license, telephone connection). collusive corruption Bribe giver and bribe taker benefit at immense cost to society. (for example 2G, Coal scam) Post-LPG Reform Era monopoly and discretion increase the propensity to corruption while competition and transparency reduce corruption. Telephones, steel, cement, sugar and even two-wheelers are among the many sectors, which have seen enhanced supply and choice, reducing or even eliminating corruption after LPG reforms. (Liberalization, Privatization and Globalization) wherever technology and transparency have been introduced, corruption has been significantly contained. over-centralization increases corruption The more remotely power is exercised from the people, the greater is the distance between authority and accountability large number of functionaries between the citizen and final decision-makers makes accountability diffused and the temptation to abuse authority strong Right to Information, effective citizens charters have dramatically curbed corruption and promoted integrity and quality of decision making. The way ahead The deregulation, liberalization and privatization are not necessarily the solution to fix corruption. Public example has to be made out of people convicted on corruption charge. All procedures, laws and regulations that breed corruption will have to be eliminated. Right to information has to be the starting point for some of these changes focus should be on e-governance and systemic change An honest system of governance will displace dishonest persons. Benami properties of corrupt public servants need to be forfeited, as also the assets illegally acquired from corrupt practices Whistleblower legislation has to be put in place to protect informants against retribution. Politics and Ethics it is unrealistic and simplistic to expect perfection in politics in an ethically imperfect environment India was fortunate that high standards of ethical conduct were an integral part of the freedom struggle. Unfortunately, ethical capital started getting eroded after the transfer of power. Election =mother of corruption There used to be time when excesses in elections were common for example imperfect electoral rolls, impersonation, booth-capturing, violence, inducements and intimidation, floor- crossing after elections to get into power. However, Election Commission and the Supreme Court have taken several steps since the late 1980s Yet, there is a widespread view that much more needs to be done to cleanse our political system. Criminalization of politics It means participation of criminals in the electoral process Why rise of criminals in politics? protection for law-breakers on political, group, class, communal or caste grounds partisan interference in investigation of crimes and poor prosecution of cases, inordinate delays lasting over years and high costs in the judicial process, mass withdrawal of cases, Indiscriminate grant of parole. Why Criminals enter politics? Opportunity to convert the policemen from being potential adversaries to allies. opportunity to influence investigations of crimes. Why Political parties allow criminals? As for political parties, a criminal individuals is a tool to secure votes through use of money and muscle power. Election reforms already in process Improvement in Accuracy of Electoral Rolls. provision of photo-identity cards for all voters Supreme Court has directed that a candidate should declare any conviction by a court or whether a criminal case is pending against him EC has directed every candidate to file a declaration of assets and liabilities of the candidate and family members. Article 324 =EC has power to to superintend, control and direct elections. Using this power, Election Commission has made the Code of Conduct for elections binding in all respects. Similarly, EC has put prohibition of festoons/cutouts, required candidate to file on daily expenditure statements, during Election campaigns. appointment of a large number of observers, ordering of re-poll in specific polling booths. Electronic voting machines have been introduced throughout the country (in the parliamentary elections of 2004). It has been decided that the death of an independent candidate would not lead to the cancellation of an election. Election Funding Large, illegal and illegitimate expenditure in elections is another root cause of corruption. While there are formal limits to expenditure, in reality, actual expenditure is alleged to be far higher. Therefore Cleansing elections is the most important route to improve ethical standards in politics Three Patterns of State Funding of Elections Internationally, there are three broad patterns of state funding for political parties and elections minimalist pattern UK, Ireland, Australia, New Zealand and Canada are examples of this pattern maximalist pattern public funding not merely for elections but even for other party activities, as in Sweden and Germany. mixed pattern partial reimbursement for public funding of elections as in France, Netherlands and South Korea Election Funding In India Representation of the People Act puts limits on election expenditure, company donations to political party were banned in 1969 but later allowed by an amendment of the Companies Act in 1985 Dinesh Goswami Committee on Electoral Reforms set up in 1990 recommended limited support, in kind, for vehicle fuel, hire charges of microphones, copies of electoral rolls etc., It also recommended a ban on company donations. Indrajit Gupta Committee on State Funding of Elections Recommended partial state funding mainly in kind for certain essential items. Election and Other Related Laws Act 2003 Gives Full tax exemption to individuals and corporates on all contributions to political parties Disclosure of party finances and contributions over Rs.20,000. Provides Indirect public funding to candidates of recognized parties including free supply of electoral rolls Equitable sharing of time by the recognized political parties on the cable television network and other electronic media (public and private) 2 nd ARC Recommendation: A system for partial state funding should be introduced in order to reduce the scope of illegitimate and unnecessary funding of expenditure for election. anti-defection legisl ation Tenth Schedule was enacted in 1985 It fixed a certain number above which defection in a group was permitted in the house. (but) Legalising such selective defection however, provided opportunities for transgressing political ethics and opportunism permitting defection in any form or context is a travesty of ethics in politics. 91 st Amendment 2003 It tightened the anti-defection provisions of the Tenth Schedule, enacted earlier in 1985 Now mandatory for all those switching political sides whether singly or in groups to resign their legislative membership. They now have to seek re-election if they defect and cannot continue in office by engineering a split of one-third of members, or in the guise of a continuing split of a party bars legislators from holding, post-defection, any office of profit This Amendment has thus made defections virtually impossible and is an important step forward in cleansing politics Anti Defection : EC Election Commission has also insisted on internal elections in political parties to elect their leaders. Election Commission has recommended that the question of disqualification of members on the ground of defection should also be decided by the President/Governor on the advice of the Election Commission. Therefore, 2 nd ARC recommends that the issue of disqualification of members on grounds of defection should be decided by the President/Governor on the advice of the Election Commission Disqualification of Candidate Given the delays in our criminal justice system, disqualification after conviction for crimes may be an insufficient safeguard. There are candidates who face grave criminal charges like murder, abduction, rape and dacoity, unrelated to political agitations. There is need for a fair reconciliation between the candidates right to contest and the communitys right to good representation. election outcome must be decided by the people who are the ultimate sovereigns through the ballot box. 2 nd ARC recommends that Representation of the People Act needs to be amended to disqualify all persons facing charges related to grave and heinous offences and corruption. But only for the cases filed six months before an election would lead to such disqualification Publication of Accounts by Pol itical Parties Political parties have a responsibility to maintain proper accounts of their income and expenditure and get them audited annually. This needs to be acted upon early. The audited accounts should be available for information of the public. Coalition Politics and Ethics Coalitions are often necessitated because it is difficult today for a single party to obtain a clear majority in the Legislature. ethics of coalition government is, however, seriously strained when the coalition partners change partnerships mid-stream and new coalitions are formed, primarily driven by opportunism and craving for power 2 nd ARC recommends that Constitution should be amended to ensure that if one or more parties in a coalition realign midstream with one or more parties outside the coalition, then Members of that party or parties shall have to seek a fresh mandate from the electorate. CEC Appointment method should be changed Article 324 =Chief Election Commissioner/Commissioners are to be appointed by the President on the advice of the Prime Minister (but) Heads of other statutory bodies are appointed based on the recommendations of a broad based Committee. For example Head Selection Committee Chief Vigilance Commissioner (CVC) PM HM Opp Leader Lok Sabha National Human Rights Commission (NHRC) PM HM Opp Leader Lok Sabha Opp Leader Rajya Sabha Speaker Depty. Chairman Rajya Sabha 2nd ARC recommends that CEC and other EC should be selected through such Committee. Disposal of Election Petitions at present Election petitions in India are to be filed in the High Court such petitions should be disposed of within a period of 6 months (required under Representation of Peoples Act) (but) In actual practice however, such petitions remain pending for years and in the meanwhile, even the full term of the House expires thus rendering the election petition infructuous. National Commission to Review the Working of the Constitution (NCRWC) headed by Venkatchelliah, recommended that special election benches should be constituted in the High Courts for the disposal of election petitions 2 nd ARC Recommends that Special Election Tribunals should be constituted at the regional level under Article 323B. These Special Election Tribunals will ensure speedy disposal of election petitions and disputes within a stipulated period of six months. Disqualification for Membershi p (art.102) Article 102 of the Constitution provides for disqualification for membership of either House of Parliament under following situations: if he holds any office of profit under the Government of India or the Government of any State if he is of unsound mind and stands so declared by a competent court; if he is an undischarged insolvent; if he is not a citizen of India, if he voluntarily acquired the citizenship of a foreign State if he is under any acknowledgement of allegiance or adherence to a foreign State; if he is so disqualified under the Tenth Schedule (Defection) Ethics in Public Life in a democracy, all persons holding authority derive it from the people. all public functionaries are trustees of the people. higher the echelon in public service, the greater is the ambit of discretion Therefore it is difficult to provide laws and rules that can regulate the exercise of discretion in high places Corruption and hypocrisy ought not to be inevitable products of democracy, as they undoubtedly are today (Gandhi) Nolan Committee of United Kingdom It outlined the following seven principles of public life 1. Selflessness: 2. Integrity 3. Objectivity 4. Accountability 5. Openness 6. Honesty 7. Leadership Code of Conduct for Ministers Government of India has prescribed following Code of Conduct to Ministers Before becoming minister
But the Easiest Way is not always the Best Way. person shall disclose to the Prime Minister, or the Chief Minister, His assets and liabilities, business interests, of himself and of members of his family all immovable property shares and debentures cash holdings jewellery and He shall sever all connections, with the conduct and management of any business in which he was interested before his appointment as Minister. While being Minister so long as he remains a Minister, he shall furnish annually by the 31 st March to the Prime Minister, or the Chief Minister, as the case may be, a declaration regarding his assets and liabilities. refrain from buying from or selling to, the Government any immovable property refrain from starting, or joining, any business; ensure that the members of his family do not start, or participate in, business concerns, engaged in supplying goods or services to that Government if any member of his family sets up, or joins in the conduct and management of, any other business. report the matter to the Prime Minister, or the Chief Minister No Minister shoul accept contribution for any purpose, whether political, charitable or otherwise, personally, or through a member of his family, No Minister should not permit their spouse and dependents to accept employment under a Foreign Government. A Minister should-not accept valuable gifts except from close relatives, and he or members of his family should not accept any gifts at all from any person with whom he may have official dealings. A Minister should avoid attending, as far as possible, ostentatious or lavish parties given in his honour. He should stay in accommodation belonging Government such as circuit houses, dak bungalows etc) Foreign Gifts A Minister may receive gifts when he goes abroad or from foreign dignitaries in India These gifts are of two types #1: Symbolic gifts which are of symbolic nature, like a sword of honour, ceremonial robes It can be retained by the recipient minister #2: Non-Symbolic gifts second category of gifts would be those which are not of symbolic nature If its value is less than Rs. 5,000/- it can be retained by the Minister. Otherwise he will have the option to purchase it from the Toshakhana Only gifts of household goods which are retained by the Toshakhana, such as carpets, paintings, furniture etc. They will be kept in Rashtrapati Bhavan, Prime Ministers House or Raj Bhavan as State property. Commission 2 nd ARC on Ministers code of conduct Ministers in the Lok Sabha must keep separate their roles as Minister and constituency member; Ministers must not use government resources for party or political purposes Ministers must uphold the political impartiality of the Civil Service and not ask civil servants to act in any way, which would conflict with the duties and responsibilities of civil servants; Dedicated units should be set up in the offices of the Prime Minister and the Chief Ministers to receive public complaints regarding violation of the Code of Conduct Prime Minister or the Chief Minister should ensure the observance of the Code of Ethics and the Code of Conduct by Ministers. even in the case of coalition governments where the Ministers may belong to different parties 2 nd ARC on Legislators Code of Conduct Ethics Committees should be constituted in each house. Ethics Commissioner may be constituted by each House of Parliament. They would assist the Committee on Ethics in the discharge of its functions, and advise Members, when required, and maintain necessary records. Registers of Members Interests may be maintained with the declaration of interests by Members. The Rules of the US Congress and the Australian and Canadian Parliaments do not allow a legislator to vote if they have a direct pecuniary interest. Separation of Powers: Executive vs Legislati ve #1: giving offices We accepted the Westminster model because of familiarity and historical association. In this model, the executive (Council of Ministers) is drawn from the legislature While in theory, the legislature holds the government to account, in reality it is often noticed that the government controls the legislature as long it has a majority in the House. Therefore, Governments often have to appoint many ministers only to placate the ambitions of coaliation partners or faction leaders of their own party. This led of inflation of ministers. The 91 st Amendment to the Constitution enacted in 2003 limited the size of Council of Ministers to 15% of the Lower House. So now, Governments (Executive) try to placate the coaliation partners or faction leaders of their own party by giving them Chairmanships of Corporations, Parliamentary Secretaryships of various ministries, and other offices of profit as sops to satisfy their aspirations for rank, status and privilege and a way of buying peace for the government. Therfore there is a need to examine this issue. #2: MPLADS legislators are empowered to sanction public works and authorize expenditure of funds granted under MPLADs and MLALADs scheme. these schemes do seriously erode the notion of separation of powers as the legislator directly becomes the executive. (because) legislators do not directly handle public funds under these schemes, as these are under the control of the District Magistrate is flawed In fact, no Minister directly handles public money. Even the officials do not personally handle cash, except the treasury officials and disbursing officers. 2 nd ARC on Separation of Powers All offices involving executive decision making and control of public funds, including positions on the governing boards of public undertakings and statutory and non-statutory authorities directly deciding policy or managing institutions or authorizing or approving expenditure shall be treated as offices of profit, and no legislator shall hold such offices. If a serving Minister by virtue of office, is a member or head of certain organizations like the Planning Commission where coordination and integration is vital for the day-to-day functioning of government, it shall not be treated as office of profit. Schemes such as MPLADS and MLALADS should be abolished Members of Parliament and Members of State Legislatures should be declared as Public Authorities under the Right to Information Act, except when they are discharging legislative functions. Concluding words All great democracies went through the tortuous process of democratic transformation, which included corruption and blatant misuse of power. India has the strength and resilience to build a great democracy (but) We need to promote a culture of zero-tolerance of corruption and men and women of integrity, competence should enter politics. This is the gist of 2 nd ARCs 4 th report :Ethics in Governance. (upto Chapter #2 Minus Ethical Framework for Bureaucrats, Judges and Regulators.) To be Continued Mock Questions MCQ Which of the following statements are correct? 1. The CVC is selected by a Committee made up of PM, HM and Leader of Opposition in Lok Sabha. 2. CEC is selected by a Committee made up of PM, HM, Leader of Oppositions in Lok Sabha and Rajya Sabha. 3. The provisions related to Defection are given in ninth Schedule of our Constitution. 4. Use of Electronic voting machines had been introduced in the parliamentary elections of 1999. Which of the following is not a recommendation of 2 nd ARC? 1. Schemes such as MPLADS and MLALADS should be abolished 2. Ethics Commissioner should be appointed in each House of Parliament. 3. System for partial state funding should be introduced in elections. 4. No changes are required in the the present system of CEC selection. 5. Special Election Tribunals should be established to ensure speedy disposal of election petitions. Descriptive Write 120 words note on 1. Electoral Reforms suggested by 2 nd ARC. 2. Salient Features of Whistleblowers Protection Bill 3. Salient Features of Benami Transection Act 4. Main provisions of Tenth Schedule. Essay (1500+ words) 1. All that is necessary for the triumph of evil is that good men do nothing 2. The line separating good and evil passes not between states nor between classes, but through the middle of every human heart. 3. Rule of Law in India: ground realities and the road ahead Interview 1. Are you in favor of State Funding of Election in India? Is it Feasible for such a large country? 2. What steps do you think are necessary to stop Criminalization of politics? 3. If Election is the mother of corruption, then shouldnt the election be scrapped? Hand the power to bureaucrats and country will run properly, dont you think? Polity] 2nd ARC : Disaster Management (3rd Report) Gist of Chapter 1 to 3
This content is taken from 3 rd report of 2 nd Administrative reform Commission (Crisis Management). The reports of 2 nd ARC are important because they provide truckload of fodder-material in mains GS, Public Administration, Essay and interview. 1. Crisis vs Disaster 2. Disasters: why increasing? 3. Disasters in India 1. Earthquakes 2. Cyclones 3. Tsunamis 4. Floods 5. Landslides 6. Avalanches 7. Industrial Disasters 8. Reforms after Bhopal Gas tragedy 9. Epidemics 10. Nuclear Hazards 11. Desert Locusts 4. Slow Onset disasters 1. Climatic Change 2. Droughts 3. Desertification and Soil Degradation 4. Sea Erosion 5. Disaster Response Mechanism in India 1. Constitution of India: Disaster Management 2. State Government & Disaster Management 1. Role of CM 2. Role of Chief Secretary 3. Role of District Collector 3. Union Government & Disaster Management 1. Role of cabinet Secretary 2. Where does the money come? 3. Role of Army 6. Timeline of Events: Disaster Management in India
Crisis vs Disaster crisis may be defined as an emergency situation arising out of natural or human activity which poses a threat to human life and property or leads to large scale disruption of normal life. A crisis may degenerate into a disaster if it is not properly managed resulting in avoidable loss of human life and property on a large scale. Second Administrative Reforms Commission, in its 3 rd report discussed the Crisis Management. Disasters: Why Increasing? Natural disasters have been an integral part of human history right from the dawn of civilization. The rise and fall of the Indus Valley and Babylonian civilizations are a testimony to this. globalization, urbanization, large-scale migrations of human population and climate changes =more disaster. The scourge of terrorism has created new types of crises increasing dependence on communications and computer networks have increased the threat of newer emergencies in case these are disabled by accident or design.(Net-banking, sharemarket, Financial Terrorism etc) modernization, information explosion, transnational migrations, and the economic interdependence among nations have all contributed to extending the impact of crisis situations. Intergovernmental Panel on Climate Change (IPCC) came to the conclusion that, worldwide the frequency and magnitude of all types of natural disasters are on the rise In some regions of the country, the frequency and intensity of droughts have increased over the past few decades. Extreme rainfall events will increase over many areas, resulting in greater number of floods and landslides. Mid-continental areas would generally become drier, thus increasing the risk of summer droughts and forest fires. tropical cyclone expected to be on the rise. Such increasing trends in natural disasters will inevitably create crisis situations. Therefore Disaster management will become a very critical issue in the coming years.
Disaster Matrix (Click to Enlarge) Types of Disasters caused by acts of nature o Climatic events cyclones storms (associated sea erosion), floods and drought o Geological events: earthquakes, tsunamis, landslides avalanches; by environmental degradation by accidents. o by biological activities public health crises, epidemics etc; o by hostile elements war, terrorism, extremism, insurgency etc; o by disruption/failure of major infrastructure facilities by large crowds getting out of control Life Cycle of a crisis It is also necessary to recognize that often a crisis does not emerge suddenly; it has a life cycle, which may take days, months or even decades to develop depending on its causative factors. This life cycle of crisis management may be divided broadly in three phases o pre-crisis, o during crisis o post crisis. Recovery Rehabilitation Reconstruction Most of the natural disasters can now be predicted with a fair degree of accuracy (earthquakes are an exception). Similarly, a reservoir of knowledge and experience now exists about managing all aspects of disasters. The challenge is to ensure that the community at large and the decision makers are empowered with this knowledge. Traditional Knowledge for Disaster Management Why should people be brought in for a community approach to disaster management? The answer should be easy to appreciate. If tribals in the Andamans could survive the tsunami, it was because their existing warning systems worked well in comparison to our non-existent modern systems The fact that traditional houses of wood and stone survived the Uttarkashi earthquake not so long ago while modern buildings collapsed offered a similar lesson. This intelligence needs to be tapped for devising approaches to management of disasters. High Cost of Disaster Disasters in India India is very vulnerable to natural hazards because of its unique geo-climatic conditions. Disasters occur in India with grim regularity causing enormous loss of life and property. Almost 85% of the country is vulnerable to single or multiple disasters and about 57% of its area lies in high seismic zones. 40 million hectares of the countrys land area is prone to flood 68% of the area is susceptible to drought investment in disaster prevention and mitigation is highly cost effective: for example, every dollar spent on mitigation saves three to five dollars on relief and rehabilitation Unfortunately, long-term benefits of crisis prevention and mitigation have not been duly factored into our planning and administrative systems A brief description of some major crises/disasters, which India faces is given in the following paragraphs Earthquakes
Himalayas the youngest among the mountain ranges very severe earthquakes in several parts of the Himalayan and surrounding regions This makes the entire region covering fourteen states (located in western and central Himalayas, northeast, and parts of Indo- Gangetic basin) highly prone to earthquakes. The other seismically active regions of the country include the o Gulf of Khambhat o Rann of Kutch in Western Gujarat, o Lakshadweep and Andaman and Nicobar Islands. Earthquakes can neither be prevented nor predicted in terms of their magnitude, or place and time of occurrence Therefore, the most effective measures of risk reduction are Building construction norms effective rescue and relief actions immediately after the occurrence of the earthquake. Cyclones
Tropical Cyclone Exaplained: Click to Enlarge More than 8000 km of coastline in the east and the west face the hazards of tropical cyclones, A super cyclone hit x Orissa in 1999 o caused extensive damage killing about 10,000 people and lakhs of livestock population. o The economy, infrastructure and environment were devastated An effective cyclone disaster prevention and mitigation plan requires efficient cyclone forecast and warning services rapid dissemination of warnings to the government agencies, particularly marine interests like ports, fisheries and shipping and to the general public construction of cyclone shelters in vulnerable areas, a ready machinery for evacuation of people to safer areas and community preparedness Tsunamis
How Tsunami works? Tsunamis are large waves generated by sudden movements of the ocean floor that displace a large volume of water. Tsunamis are usually associated with earthquakes But tsunamis can also be triggered by other phenomena like submarine or terrestrial landslides, volcanic eruptions, explosions or even bolide (e.g, asteroid, meteor, comet) impacts. Tsunamis have the potential to strip beaches, uproot plantations, and inundate large inland tracts and extensively damage life and property in coastal area. The tsunami in December 2004 caused severe damage to life and property in the coastal areas of Andhra Pradesh, Tamil Nadu, Pondicherry, Kerala and Andaman and Nicobar Islands, o The confirmed death toll in India was 12,000+while 5,640 people are still unaccounted for. o The total estimated value of damages is Rs.11,000+crores (Approx US $2.56 billion) Floods
How to prevent Flood Damage? The term flood is generally used when the water-flows in rivers, streams and other water bodies cannot be contained. Floods occur regularly in India affecting about 10% of area. According to the estimates of the National Flood Commission (1980), commonly known as the Rashtriya Barh Ayog, Assam and Bihar are the States worst affected by floods followed by U.P. and West Bengal. In many cases, the natural process of flooding is aggravated by man-made due to o unplanned or unauthorized construction activities; o Increasing pace of urbanization, The incidence of floods in recent times in urban areas such as Mumbai, Surat, Vadodara and other places is symptomatic of this trend and is the direct result of unauthorized construction activities. poor urban planning and implementation, lack of investment in storm water drainage and sewerage The country has to shift towards efficient management of flood plains, disaster preparedness, response planning, flood forecasting and warning There should be strict regulation of settlements and economic activity in the flood plain zones along with flood proofing, to minimise the loss of life and property on account of floods. Flood forecasting activities should be modernized Landslides
Landslides Landslides are mass movements of rocks, debris or earth, down mountain slopes or riverbanks. Such movements may occur gradually, but sudden sliding can also occur without warning. They often take place in conjunction with earthquakes, floods and volcanic eruptions Prolonged rainfall causing heavy landslides block the flow of rivers for quite some time, which on bursting can cause havoc to human settlements downstream hilly terrains of India, particularly in the Himalayas and the Western Ghats, are most vulnerable to landslides. In contrast, the Western Ghats and Nilgiri Hills are geologically stable regulate settlements in hazard prone area construction of retaining walls against steep slopes Avalanches sliding down of snow cover on mountain slope causes avalanches Avalanches create various crisis situations for the local administration; road traffic may be blocked and communication links to vital areas may be disrupted winter sports may be disturbed stranding tourists in places with scant facilities. Small rivers may be blocked creating danger of down stream flooding. Avalanches may sometimes hit or bury human settlements down the slopes Solution o remove snow deposits on slopes by blasting, o predicting avalanches and evacuating people from vulnerable areas. Industrial Disasters Among the man made disasters, probably the most devastating (after wars) are industrial disasters. These disasters may be caused by chemical, mechanical, civil, electrical or other process failures in an industrial plant due to accident or negligence, But they also cause widespread damage within and/or outside the plant worst example =Methyl Iso-cynate gas leak in 1984 from the Union Carbide Factory in Bhopal (known as the Bhopal Gas Tragedy) which has so far claimed more than 20,000 lives and injured several lakh persons Reforms after Bhopal Gas tragedy In the pre-Bhopal Gas Tragedy era, industrial safety was governed by legislations like the Factories Act, 1948 and the Explosives Act, 1884. These laws proved to be inadequate to provide safety to workers as well as to the people living in the surrounding areas So, The Environment Protection Act, 1986 was enacted. Stringent environmental protection laws have prevented major industrial disasters after Bhopal, but minor disasters do take place on and off site and also during transportation of hazardous materials, which claim a number of lives each year besides creating environmental problems. With rapid industrialization, the threat of industrial disasters has increased. However, in spite of the existence of a large number of laws, their enforcement has left much to be desired Epidemics In India, the major sources of epidemics can be broadly categorized as follows
Epidemics often take place due to poor sanitary conditions leading to contamination of food and water or due to inadequate disposal of human or animal carcasses in post-disaster situations. They become real dangers during floods and earthquakes. Sometimes, poor solid waste management may create epidemics like plague. Plague is quite uncommon now but it can still occur as it did in Surat in 1994 Nuclear Hazards
Fukishima Nuke Power Plant Department of Atomic Energy (DAE) is the nodal agency in the country in respect of man made radiological emergencies in the public domain. (I think we already covered the steps taken by Indian Government to prevent nuke accidents. Refer the Seoul Summit article click ME) Desert Locusts
Swarm of Desert Locust Under favourable environmental conditions, a few insects can dramatically multiply, form large swarms able to migrate great distances they threaten agriculture over a large part of Africa, the Middle East and Southwest Asia =food security problem. International cooperation lies at the core of an effective strategy for locust control Slow vs Rapid Onset disasters Slow onset disaster Rapid onset disaster climate change (global warming), desertification, soil degradation, and droughts, Earthquakes, cyclones, floods, tsunamis Also known as Creeping Emergencies.their impact is not felt immediately.
Climatic Change Climate change is defined as a statistically significant variation in either the mean state of the climate for an extended period (typically decades or even longer) Global warming caused due to the Greenhouse effect is one of the major reasons for climate change. Global warming leads to melting of glaciers, rise in sea level and threatens low lying coastal areas (Like the Sunderbans and entire nations such as Bangladesh and Maldives) Combating global warming requires urgent and concerted efforts by the international community. Droughts Droughts refer to a serious shortfall in availability of water, thus affecting agriculture, drinking water supply and industry. Droughts in India have their own peculiarities requiring appreciation of some basic facts. These are: India has an average annual rainfall of around 1150 mm; no other country has such a high annual average, however, there is considerable annual variation More than 80% of rainfall is received in less than 100 days during the South-west monsoon and the geographic spread is uneven. Inadequacy of rains coupled with adverse land-man ratio compels the farmers to practice rain-fed agriculture in large parts of the country Irrigation, using groundwater aggravates the situation in the long run as ground-water withdrawal exceeds replenishment; in the peninsular region availability of surface water itself becomes scarce in years of rainfall insufficiency Desertification and Soil Degradation Any kind of land degradation can be termed as desertification. This can take place due to soil erosion, increasing alkalinity in soil and water-logging Land degradation is estimated to affect one third of the total area of the country process of desertification is accelerated due to continuing cultivation. alkalinity and salinity coupled with water-logging=seriously reduces agricultural productivity and has grave implications for our food security system. Sea Erosion landward displacement of the shoreline caused by the forces of waves and currents is termed as erosion. Coastal erosion occurs when wind, waves and long shore currents move sand from the shore and deposit it somewhere else. this results in permanent changes in beach shape and structure. The impact of the event is not always seen immediately, but it is equally important when we consider loss of property that it causes. It takes months or years to note the impact. So, this is generally classified as a long term coastal hazard While the effects of waves, currents, tides and wind are primary natural factors that influence the coast, construction of artificial structures, mining of beach sand, building of dams About 23 per cent of Indias mainland coastline of 5423 km is getting affected by erosion Crisis/Disaster Response Mechanism in India Arthashastra, (a treatise on public administration by Chanakya in the 4th century B.C), devoted a section to mitigation measures to combat famines Modern methods of crisis management began to be applied from the late 1870 After Independence, drought relief works were undertaken in areas affected by severe droughts. With the onset of the green revolution in the late 1960s the necessity for famine relief work declined holistic drought management programme was taken up in the form of the Drought Prone Areas Programme (DPAP). Legislation on disaster management at the national level was enacted in the year 2005 with the Disaster Management Act, 2005 Disaster Response Mechanism in India community is usually the first responder in case of a disaster in urban areas the response is articulated by agencies like the civic authorities, the fire brigade and the local police station At present, panchayats do not have the capacity to react in case of disaster. So, it is the district administration, which retains the basic responsibility of handling crises situations with the Collector playing a pivotal role. Constitution of India: Disaster Management Indian Constitution has specified specific roles for the Union and State Governments. However, the subject of disaster management does not find mention in any of the three lists in the Seventh Schedule of the Indian Constitution. State Government & Disaster Management State Governments =post disaster relief and rehabilitation A few states have created seperate a Disaster Management Department. Role of CM a Cabinet Committee on Natural Calamities under the chairpersonship of the Chief Minister takes stock of situations and is responsible for all important policy decisions. Role of Chief Secretary Every state has a Crisis Management Committee under the chairpersonship of the Chief Secretary, It reviews crisis situations on a day-to-day basis at the time of crisis, coordinates the activities of all departments and provides decision support system to the district administration Role of District Collector District Magistrate/Collector has the responsibility for the overall management of disasters in the district. All departments of the State Government including the police, fire services, public works, irrigation etc. work in a coordinated manner under the leadership of the Collector during a disaster, except in metropolitan areas where the municipal body plays a major role. District Collector also enjoys the authority to request for assistance from the Armed Forces if circumstances so demand Union Government & Disaster Management Union Government plays a key supportive role by o Giving physical and financial resources o early warning and co-ordination of efforts of all Union ministries, departments and organizations Till recently, the Department of Agriculture had the nodal responsibility for managing disasters. After the Gujarat earthquake in 2001, this responsibility has been shifted to the Ministry of Home Affairs Matters relating to nuclear, biological and chemical emergencies are looked after by the Cabinet Committee on Security. Role of cabinet Secretary Cabinet Secretary, as the highest executive officer, heads the National Crisis Management Committee (NCMC). NCMC can give directions to any ministry, department or organization for specific action needed for meeting the crisis situation. Where does the money come? After a natural disaster, Government has to take do relief work. To finance such relief work, lot of money is required. The allocation of this money is governed by the recommendations of the Finance Commission. Finance Commission is appointed by the Government of India every five years. Under the existing scheme, each state has a corpus of funds called Calamity Relief Fund (CRF) In case the funds under CRF are not sufficient to meet the specific requirements, State Governments can seek assistance from the National Calamity Contingency Fund (NCCF) Both these funds, as the names suggest, are meant for relief and rehabilitation and do not cover either mitigation or reconstruction works, which have to be funded separately by the State or Union Government Role of Army Theyre most effective in dealing with Natural Disaster relief because of o their ability to organize action in adverse ground circumstances, o Their speed of operational response and also their resources and skills (army engineer, doctors etc) Thus, they play a major role in assisting the civil administration. They provide communications, search and rescue operations, health and medical facilities, transportation, power, food and civil supplies, public works and engineering, in the immediate aftermath of major disasters laws Essential Services Maintenance Acts (ESMA) to ensure provision of essential services during the time of crisis. The Code of Criminal Procedure (Cr.P.C) still remains the most important Act to tackle crisis situations due to public order problems Seperate Disaster Management Act was enacted in 2005. Timeline of Events: Disaster Management in Indi a 1990s United Nations decided to observe the 1990s as the International Decade of Natural Disaster Reduction (IDNDR). National Governments were expected to pay special attention to measures to deal with natural disasters 1999 Government of India Constituted a High Powered Committee (HPC) on Disaster Management. HPC came out with a large number of recommendations. 2001 Following the Gujarat earthquake, the Government of India took important policy decisions/measures for reforming the disaster management system in the country. These are: Disaster management was moved from the purview of the Ministry of Agriculture to the Ministry of Home Affairs Although Ministry of Agriculture retains the responsibility for droughts, pest attacks and hailstorms; State Governments were advised to create separate Disaster Management Department State Governments were further advised to constitute o State Disaster Management Authority under the Chairmanship of State Chief Ministers o District Disaster Management Committee under the Chairmanship of District Collectors A specialized force comprising eight battalions to be named as National Disaster Response Force to be constituted with state- of-the-art equipment and training to respond to various natural and man made disasters; advanced fail-proof disaster communication network National Institute of Disaster Management was set up at Delhi for training research Basics of disaster management to be introduced in school education disaster resistant technologies to be introduced in engineering and architecture disaster- Management topic introduced in medical and nursing education 2005 separate law on disaster Management. (more on that later) To be Continued With this article, Ive done upto only Chapter 3 of Report #3 of 2 nd ARC, so more stuff yet to come in this topic- in upcoming days. [Polity] Public Procurement Bill 2012: Meaning, Sali ent Features, expl ained
Topic particularly important for those with Public Administration optional subject (Public Administration Paper I ->5th Topic : Accountability and control) 1. What is Public Procurement? 2. What is the problem in Public Procurement system? 3. Where does the bill apply? 4. Where does the bill not apply? 5. Salient Features / Provisions of the bill? 6. Punishment What is Public Procurement? public procurement means how the public authorities the Central and State governments, ministries/departments, public sector undertakings or state-owned enterprisesspend public money buying goods and services. For example, a department purchasing vehicles, office equipment, computers, stationary, air-conditioners, refrigerators, buildings, etc. What is the problem in Public Procurement system? A back-of-the-envelope assessment reckons that Indias public procurement systems account for more than Rs. 10 lakh crore of business every year which is more than 30 per cent of countrys GDP. Lot of Corruption during the tender/bidding process. There are imperceptible pressures from trading partners such as the EU that foreign companies should be allowed to easily participate in Indias public procurement process. At present there is no single legislation providing guidelines for public procurement and for giving punishments to bribe givers and bribe takers. So Finance ministry introduced Public Procurement Bill, 2012 in Lok Sabha. It is based on the recommendations of Committee on Public Procurement headed by former bureaucrat Vinod Dhall This Bill seeks to make public procurement transparent and corruption-free.
Where does the bill apply? Any central department, ministry, PSU or Company where Government has more than 50% stakes. For purchases about 50 lakh rupees. Where does the bill not apply? For emergency purchases done during disaster Management, national security. Salient Features / Provisions of the bill? Procuring entity (Ministry/department etc) shall first determine the need for the procurement and estimate the cost of the procurement based on certain specified matters. It may publish information regarding planned procurements. Bill provides for setting up a Central Public Procurement Portal (website) to ensure transparency in the procurement process. Information such as pre-qualification document and details of bidders shall be displayed on the Portal. Ministry/Department shall not limit participation of bidders or discriminate against or amongst bidders except for the protection of public order and morality, animal or plant life, intellectual, national security. (means foreign companies can also fill up tenders without trouble- thats what EU and USA wanted.) central government may make procurement mandatory from certain bidders only on the grounds of promotion of domestic industry, socio economic policy, or other considerations in public interest. (means Government can prevent foreign companies from bidding, in special cases) Government shall constitute one or more independent procurement redressal committees [under the chairmanship of a retired High Court Judge]. o if any prospective bidder (seller) feels that a particular ministry/department etc. did not consider his product/services for any foul reasons (e.g. if he feels that since he did not give bribe so his tender was rejected) -so in that case he may file an application with such a committee. Punishment Bill states different degree of penalties for offences such as taking bribes in respect of procurement, interference with the process, making vexation, frivolous or malicious complaints, and abetment of offences. J ail time from 6 months to 5 years, for bureaucrats caught taking bribes or otherwise creating obstacles via bid rigging or enabling collusive bidding or bid suppression to favour certain bidder (seller). Government shall debar a bidder (seller) if he has been convicted of an offence under Prevention of Corruption Act, 1998 and the IPC and or if he tries to bribe an officer / otherwise play mischief in the bidding. [Polity] Article 371-J: Special Status for Hyderabad- Karnataka region (118th Consti tutional Amendment Bill)
1. What is 118 th Constitutional Amendment Bill, 2012? 2. What is Article 371? 3. What is Article 371-J ? 4. What is Domicile requirement? 5. Where do Domicile requirements apply? What is 118 th Constitutional Amendment Bill, 2012? It seeks to amend Article 371 of the Constitution to insert a new arti cle 371-J. What is Article 371? Falls under Part 21 of Indian Constitution (Temporary, Transitional and Special Provisions). Article 371 and its sub-articles, deal with special provisions for Assam, Nagaland, Gujarat, Maharashtra etc. Usually, they are about establishing special Development board for the particular backward regions to grant more funds, and/or reservation in local Government jobs-colleges etc. For example Article 371 (D), Telengana region has a provision of local cadres for reservation in direct recruitment and admission to educational institutions and setting up of an administrative tribunal. (Domicile requirement/ sons of soilpolicy in education and employment) Has been amended many times, to include new articles, for example What is Article 371-J ? Itll grant special status to six backward districts of Hyderabad- Karnataka region to 1. Establish of a separate Development Board 2. This board will see that sufficient funds are allocated for Development of the region. 3. Local reservation in education and Government-jobs (Domicile requirement.) What is Domicile requirement? Domicile means you must be a resident of the given area for getting college admission, job, land purchase, fighting elections etc. Where do Domicile requirements apply? 1. J ammu and Kashmir- outsider cannot purchase land. 2. Similar provisions for Scheduled and tribal Areas (5 th and 6 th Schedule of Indian Constitution) 3. Recruitment in Army for below-officer ranks. Theyve district / area wise vacancies and separate educational qualifications according to areas. For example Soldier (General Duty) minimum requirement a. Candidate should have passed class 10, if he is from J aisalmer and Barmer Dists of Rajasthan. b. But if hes from Andaman & Nicobar Group of Islands, he can compete even if he is merely passed class 8. 4. Earlier, if you wanted to contest for Rajya Sabha election from a particular state, you had to be ordinary resident of that state (e.g. Mohan had to buy a house in Dispur to get the voters card and fight Rajya Sabha elections from Assam.) But then parliament amended to Representation of People in 2003 and removed this provision. (^List is not exhaustive) [Polity] Amicus Curiae: Meaning, Significance
1. What is Amicus Curiae? 2. #1 Helping in PIL 3. #2 Doing Investigation 4. #3 Defending the accused What is Ami cus Curiae? In simple language, amicus curiae means friend of the court. Amicus Curaie is required in following situations #1 Helping in PIL In many high-profile PILs, the courts appoint an amicus curiae, to assist them in formulating a viewpoint and to make inquiries and reports. In several major PIL judgments on prison reform, terrorism, environment, mentally deficient litigants, freedom of the media, unauthorised occupation of government premises and unauthorised constructions, decisions have been based on the assistance provided by the amicus. #2 Doing Investigation There is another kind of amicus curiae, appointed in cases that are not PILs, where important questions of law are involved and both parties are represented but the court still wants a senior lawyer to assist it. (e.g. Supreme Court appointed Raju Ramachandran as amicus to investigate allegations of Narendra Modis complicity in the Gujarat riots.)
Raju Ramachandran #3 Defending the accused The traditional amicus curiae is the one who is asked to represent the accused in a criminal appeal. This happens in two situations: 1. when the Accused is too poor and/or requests the court to provide him a lawyer (for example same Raju Ramahandran defending Kasab.) 2. or when the criminal does not engage his own lawyer to defend him against the State. (For example members of the LTTE refused to represent themselves in Indian court) Supreme Court and the high courts maintain panels of lawyers who are assigned amicus work in criminal appeals. The Supreme Court has mandated that legal aid, that is, a lawyer representing a poor accused, is a must in criminal cases. Ref http://www.indianexpress.com/news/a-friend-and-lawyer/997812/0 Polity] National Counter Terrorism Center (NCTC): Meaning, functions, Controversy
1. Introduction: The Need for NCTC 2. What will NCTC do? 3. Multi-Agency Centre (MAC) 4. How is it different from US and UK model? 5. What is the problem with NCTC? 1. Power to Arrest without informing State Government 2. Overlapping with NIA 6. Present Status of NCTC Introduction: The Need for NCTC National Counter Terrorism Center (NCTC) After the 26/11 attacks, Government felt the need to setup a separate body to deal with terrorism. NCTC is modeled on the American NCTC and Britains J oint Terrorism Analysis Centre. NCTC will derive its powers from the Unlawful Activities Prevention Act, 1967 The basic idea is to prevent confusion regarding intelligence inputs and also ensure that none of the police forces from the states enter into a blame game regarding intelligence sharing as one got to see during the 26/11 attacks in Mumbai. What will NCTC do? 1. It will have the power to conduct searches and arrests in any part of India. 2. will collect, collate and disseminate data on terrorism. 3. will also maintain a data base on terrorist and their associates including their families. 4. In short, NCTC will serve as a single and effective point of control and coordination of all counter terrorism measures. Multi-Agency Centre (MAC) It is platform to share varied intelligence inputs coming from various agencies like the 1. Directorate of Revenue Intelligence (DRI), 2. Economic Intelligence Agency, 3. Enforcement Directorate etc. Earlier this MAC was under Intelligence Bureau under Home Ministry. But in future, the MAC will be placed under the NCTC. How is it different from US and UK model? USAs NCTC which deals only with strategic planning and integration of intelligence without any operational involvement UK s J oint Terrorism Analysis Centre, which too plays a purely coordinating role. But the Indian NCTC will have not only intelligence functions but also powers to conduct operations, raids and arrests in any part of India. What is the problem with NCTC? NCTC was to start working from March 2012, but it couldnot be launched due to opposition from a group of Non-Congress chief ministers who say that NCTC is against the federal structure of the country.
These Politicians say : NCTC = Not a good idea Sir-ji Power to Arrest without informing State Government Non-Congress chief ministers allege that the NCTC has been empowered to search and arrest people without informing the state government, police or anti-terror squad in the loop. Take this scenario for example. A suspected terrorist is holed up in a state. The officials of the NCTC would have the right to enter into that state and pick him or her up without informing the state machinery and deal with him under their laws. The role of the state becomes redundant with such powers and states would have no say or role to play in the fight against terrorism. This would have a bearing on the rights and privileges of the states as enshrined in the Constitution. To curb this fear, Home Ministry had altered the rules. Now, the senior most police officers in all states the Director Generals of Police and the chiefs of anti-terror squads of all states will be members of the Standing Council of the NCTC. They will be informed before the NCTC conducts an operation in their state. And Home Ministry had also assured the State Governments that NCTC will now be able to carry out anti-terror operations only in the rarest of rare cases. Overlapping with NIA National Investigating Agency (NIA) was established after the 26/11 attacks. So, the establishment of a new NCTC would only add to the bureaucratic tangle in intelligence sharing and counter terrorist action. However, Chindu had assured that NIA is merely a predecessor of NCTC. (so once NCTC comes into operation, the NIA will function under it or will be submerged into NCTC) Present Status of NCTC After Pranab become President, Chindu became Finance Minister and thus Shinde became the Home Minister. But Shinde, in his first public speech, did not mention National Counter Terrorism Centre (NCTC) or National Intelligence Grid (NATGRID). That means, Home Ministry has put the idea in back-burner for now. [May be too busy dozing the coal-scam fire] [Polity] National Intelligence Grid (NATGRID): Meaning, Use, Controversy
1. NATGRID 2. Concerns 3. Privacy and misuse 4. Wikileaks like situation NATGRID 26/11 attacks on Mumbai led to the exposure of several weaknesses in Indias intelligence gathering and action networks. So, Chindu came up with the idea of National Intelligence Grid (NATGRID) NATGRID will integrate 21 categories of data from agencies like 1. Banks, 2. Railways and airlines, 3. Income tax department, 4. Credit card companies etc. 5. Visa and immigration This combined data will be made available to 11 central agencies including the R&AW, the National Investigation Agency, the CBI, the Directorate of Revenue Intelligence, the Intelligence Bureau, the Narcotics Control Bureau and the Enforcement Directorate to help them prevent terrorist attacks and criminal activities. NATGRID Will become fully operational in 2013-14
P. Raghu Raman is heading NATGRID Concerns
Diagram: How NATGRID will Work (Click To Enlarge) Privacy and misuse Some people are concerned about the protection of individual privacy and misuse of information by law enforcement agencies. However, The Government has tried to calm down the fears by assuring that 1. NATGRID is only the technical interface for intelligence agencies and not an organization in itself. If the agency initiating the inquiry is not authorized to get that information, it cannot get it. 2. NATGRID has strong information protection technology and external audits 3. Security and intelligence agencies will not be able to use the NATGRID system to access information for any purpose other than that of countering terror. 4. NATGRID will not store any personal data, but only facilitate transfer. Wikileaks like situation
US Soldier Bradly Mannings had provided sensitive documents to Julian Assange SIPRNET is a computer network connecting US Defense and State Departments (similar to our NATGRID) One Soldier Bradly Mannins, accessed the SIPRNET, copied all the US diplomatic documents and sent them to Wikileaks founder J ulian Assange. Similar fiasco could happen with Indias NATGRID. [Polity] Ragging: Raghwan Committee report
1. What is Ragging? 2. 2007: Raghavan Committee 3. Raghavan Committee Report on Anti-Ragging 4. 2001: SC Order 5. 2009: Aman Kachroo Case 6. Laws made by State Governments 1. Himachal Pradesh 2. Haryana 7. 2009: UGC Regulation 8. Why Affidavit? 9. Mock Questions 10. GS Mains Paper I 11. Interview What is Ragging? A damaging form of interaction of the seniors in college or school with the juniors or the newcomers or the first years. It involves insults (simple or suggestive sexual, sarcastic and even physical), running errands for seniors, and many other complex activities. 2007: Raghavan Committee
R.K.Raghavan Committee on Anti-ragging Appointed Ministry of Human Resources Development (MHRD). Because Supreme Court had ordered the HRD ministry to do so. Raghavan is ex-CBI chief, he submitted the report in 2007. And it said following things Raghavan Committee Report on Anti-Ragging 1. Ragging and as an act of human right abuse. 2. Guidelines of Supreme Court J udgment 2001 not implemented by colleges. 3. Requirement of ragging awareness not only to freshers, but all stakeholders i.e. seniors, freshers, teachers and the civic society at large. 4. Need for strong and uniform ragging law. 5. surprise checks and anonymous surveys) to offset the fear associated with reporting ragging by victim. 6. Set up anti-ragging cells at central, state and college level 7. Setup of toll-free helpline for ragging victims 8. Strong law against ragging with responsibility to prove not-guilty that of perpetrator 9. NCERT, SCERT school books to include chapter on ragging 10. Psychological counseling on anti-ragging and human rights at senior secondary level 11. Colleges to organize interactive sessions between juniors and seniors in presence of college staff. 12. A lot of ragging incident takes place outside the campus in out of campus accommodation, which is indeed true. Seniors find it very easy to rag their juniors in these places and get away with it very easily as college administration is not bothered of act of ragging taking place with its students outside the college premises. These hostels must be registered with the local police and the management of these hostels and the college administrations must be made responsible to protect the freshers. 13. lack of co-curricular activities is also an important reason for the increase of incidents of ragging. 14. various interactive programmes between the freshers and seniors in the presence of college staff. 15. in many cases the college faculty are themselves in a way encouraging ragging and dissuade their students from registering a complaint. The committee therefore suggests of setting up of anti-ragging monitoring cells at various levels so as to provide checks and balances at each level 16. ragging should be considered an important factor in accrediting the educational institution by central regulatory bodies like the MCI, AICTE, DCI etc. 17. This would not only make the educational institutions to take serious steps against ragging but would also make these central regulatory bodies accountable. 18. exemplary punishment to the perpetrators of the crime so as to deter the others. 2001: SC Order In 2001, Supreme Court of India passed an order that once a student complaints about ragging, it is the responsibility of the college to lodge the FIR with Police. 2009: Aman Kachroo Case In 2009, Aman Kachroo, a first year student of Medical College in Himachal Pradesh was beaten to death by drunk third-year students. They were held guilty under culpable homicide not tantamount to murder under section 304 of Indian Penal code. Those criminals were given only four-year imprisonment and in 2012, on the account of good behavior they were released from the J ail 7 months before the completion of their term. Laws made by State Governments Himachal Pradesh Students involved in ragging would not only be expelled and be ineligible for admission to any other institution for three years, but may also be jailed and fined Rs 50,000. Haryana principals of schools and colleges and V-Cs of universities shall be punishable upto six months in jail and fines upto Rs 25000 for not complying with anti-ragging measures. hefty fines against institutions Rs two lakh in case of schools and colleges and Rs five lakh in case of universities. 2009: UGC Regulation After the hue and cry over Aman Kachroos death in the Media, finally University Grants Commission (UGC) woke up (ya as usual our institutions will not do any reform until and unless something terrible happens) Anyways, the UGC passed a Regulation On Curbing The Menace Of Ragging In Higher Educational Institutions which says following things: 1. Provide Telephone numbers of the Anti-Ragging Helpline. 2. Anti-Ragging Committees and Anti-Ragging Squads etc. to be published in brochure of admission/instruction booklet or the prospectus. 3. Every student and his/her parents to file an affidavit avowing not to indulge in ragging. 4. The institution to prominently display posters detailing laws and punishment against ragging. 5. Anti-ragging squad to ensure vigil at odd hours during first few months at hostels. 6. Identity of informants of ragging incidents to be fully protected. 7. Faculty members assigned to students to make surprise visits and to maintain a diary of his/her interaction with the freshers. 8. Freshers to be lodged, as far as may be, in a separate hostel block. 9. College administration must file the First Information Report (FIR) within twenty four hours of receipt of such information. Why Affidavit? The UGC regulation says Every student and his/her parents to file an affidavit avowing not to indulge in ragging. So whats the point in filling such affidavit? Well, one of the strongest reasons for ragging to happen is that the raggers are dead sure that parents would never ever get to know their heinous acts. The affidavit filed by parents to the institution has the name, address and telephone numbers of the parents of the senior students. A fresher can file RTI applications, even without disclosing identity by using a friends help and name, to get a copy of this affidavit, and then call/ write himself or make his parents talk to raggers parents to rein in him. To sum up, Once freshers take courage and start doing that, it is a general feeling that ragging may drastically reduce in India, as every student will become a soldier in the fight against ragging. For more on anti-ragging campaign, visit Coalition to Uproot Ragging from Education (CURE): www.noragging.com Mock Questions GS Mains Paper I 1. Write a short note on Raghavan Committees report on Ragging (12 marks) 2. Whatre the steps taken by UGC, to curb the menace of ragging in India (12 marks) Intervi ew 1. Have you heard about Aman Kachroo case? 2. What do you know about Anti-ragging measures in colleges? Do you think theyre sufficient? 3. What measures would you suggest to stop ragging in colleges? [Polity] Surrogate Mothers: Meaning, Arguments in favor and against, legal framework in India
1. What is Surrogate reproduction? 2. What is the problem in Surrogacy? 3. What is Assisted Reproductive Technology (Regulation) Bill, 2010? 4. Arguments for Essay/ Group discussion (GD) 5. Anti-Surrogacy 6. Pro-Surrogacy Arguments What is Surrogate reproduction? Husband has healthy sperms and Wife has healthy eggs but Wife cannot carry a baby to its full term. For example, Aamir Khans wife Kiran Rao suffered a miscarriage earlier and had uterine medical problems so the couple opted for surrogacy. In surrogacy: Wifes egg is fertilized with husbands sperm through in-vitro fertilization (IVF) and an embryo is created. (In Vitro=outside body. In-vivo=inside body.) This embryo is implanted in the womb of a surrogate mother, she will carry It for nine months and deliver the baby. Baby thus produced, will have genetic make-up of the husband and wife (and not that of surrogate mother.) The cost for a surrogate and the entire procedure in India is one- third that in North America or Europe, which makes India the favourite destination of the reproductive tourist industry. Besides, Surrogacy is banned in France, Germany, Italy, Spain, J apan and Switzerland. Commercial surrogacy is banned in New York and several other states in America, the UK, Canada, South Africa and Australia. These countries allow what is called altruistic surrogacy. (i.e. cannot be done for money) What is the problem in Surrogacy? Indian surrogate mothers are mainly from poor backgrounds or driven by circumstances, including unemployment, domestic distress, etc, They offer their wombs on commercial terms. Once the baby is born and delivered, the surrogate mother is forgotten, the implications on her health and mind are of no concern. It is not the health and well-being of the surrogate, but the safe delivery of the baby that is of prime concern. Recently, a surrogate mother in Ahmedabad died because of medical complication. At present, in India, there is no separate law to regulate the Egg donation and surrogacy clinics. There are regulated by Indian Council of Medical Research (ICMR) guidelines. There is no centralized database of surrogate clinics or surrogate mothers. Problems may arise if something goes wrong, for example baby is born with some defects and the biological parents refuse to accept him/her, then Who is legally required to keep the child? Who is the mother? Who is the father? What rights does each possess, including future property disputes? There must a law to clearly provide the answers. What is Assisted Reproductive Technology (Regulation) Bill, 2010? This bill aims to cover the assisted reproduction clinics, gamete banks and surrogacy. It details the rights and duties of all the parties involved in surrogacy and other assisted reproductive technologies. It provides for advisory and regulatory bodies at central and state levels. Regulators will be able to receive and evaluate complaints and pass them on to a magistrate for trial, if necessary. But it is still a bill and not a law. Arguments for Essay/ Group discussion (GD) Anti-Surrogacy 1. Because of (relatively) cheap Surrogacy in India, less orphans are getting adopted by well to do families abroad. 2. Isn't it self-indulgent to demand a "copy" of oneself, when so many orphans stand in need of loving homes? 3. The physical stress, risks, emotional and physical trauma to the surrogate mother, and then the abrupt separation from the baby carried in the womb for nine months are immaterial. 4. (pro) Surrogate mother is asserting her independent agency to make choices to better her life and those of her family. (anti) But what does choice mean when she did not choose to be poor, she did not choose to be unemployed, she did not choose to live in a country where children die of starvation? 5. It is inhumane to use a womans social and economic vulnerability to commercially exploit her womb as a commodity to make handsome profits. 6. The use of surrogacy, especially the wide use, might lead to a cheapening of our idea of what it is to be a person, to a decline in self-respect. It might cause future generations, for example, to think of the human embryo or fetus as interchangeable parts, reproduction as a mechanical process, wombs as organs for rent, etc. The implication is that thinking of ourselves in this fashion would bring serious negative consequences the designer baby syndrome for example, pick DNA of Sachin for Stamina, DNA of Bacchan for Height, Hrithik Roshan for white skin and thus assemble an embryo like assembling a mobile phone or computer. Pro-Surrogacy Arguments 1. Surrogate mother is asserting her independent agency to make choices to better her life and those of her family 2. The argument given that less orphans are getting adopted- well there is no reason why the infertile couple should have a special duty to adopt needy children; those with their "own" could also adopt others If their financial situation permits. 3. If Government makes a law to ban surrogacy in India, then market will go underground and the surrogate mothers would be exploited even further, because they cannot approach the law enforcement agencies. So, surrogacy should not be banned, it should be regulated. You are welcome to add more pro and anti arguments in the comments. For earlier articles on Polity, visit mrunal.org/polity Ref 1. http://moses.creighton.edu/csrs/news/S92-1.html 2. http://www.indianexpress.com/news/everyone-forgets-the- surrogate/975372/0 Polity] Assam Riots and Bodo Accord : History, Reasons, Problems, Solutions
1. What is Bodoland Territorial Council ? 2. Timeline of Events 3. How did the Kokrajhar riots start? 4. Delay in Army Deployment: Bureaucratic Red Tape at its worst 5. Why resentment in the communities? 6. Whats the problem in Bodo Accord? 7. What is the solution? What is Bodoland Territorial Council ? 2003: Bodo militants lay down the arms and want to join mainstream. They sign agreement with Government, known as Bodo Accord. A Bodoland Territori al Council (BTC) was established under this Bodo Accord. And Bodoland Territori al Areas District (BTAD) was created under the sixth schedul e of the Constitution of India, as part of this accord to look after the Administrative and Development needs of these Bodo dominated areas. Bodoland Territorial Areas District (BTAD) covers 4 districts of Assam: 1. Kokrajhar, 2. Baksa, 3. Chirang and 4. Udalguri. (Total 35% area of Assam.) Timeline of Events 1960s Bodos started demanding autonomy, varying from separate statehood to outright sovereign status. 1980s and 90s militant Bodo movement peaked during this period largescale killings and human displacement. 2003 the signing of the Bodo Territorial Council (BTC) Accord between Militant Bodo Liberation Tigers (BLT) led by leadership of Hagrama Mohilary on one side . And Centre and the state government on the other side. Under this accord, Bodo Liberation Tigers surrerended their weapons, and Hagrama was made the Chief Executive Member (CEM) of the Bodo Territorial council. (BTC) How did the Kokrajhar riots start? Kokrajhar is a city in assam. [Name of its district is also Kokrajhar]. It is the seat of administration of the Bodo Territorial Council. Since past few months, The minority student unions and non- Bodo tribes began pressing their demand for greater representation in the Bodoland Territorial Council (BTC). On J uly 6, two Muslim youths were shot at and the suspicion fell on the Bodos. Nearly a fortnight later a former cadre of the Bodoland Liberation Tigers (BLT), and three of his friends were killed, which triggered full-scale rioting and displacement of thousands. Delay in Army Deployment: Bureaucratic Red Tape at its worst Section 130 of the Criminal Procedure Code (CrPC) empowers an executive magistrate [e.g. District collector, Deputy Collector, SDM] to seek army troops to contain riots. But the request for army deployment to tackle riots has to be routed through the Defence Ministry. The Kokrajhar district administration had requested for army deployment on Jul y 20 and the army was deployed only on Jul y 25 because the local army commanders did not accept the requests saying they need an order from the Ministry of Defence, after which Assam Chief Secretary had to approach Defence Secretary. Otherwise, Army troops could have reached the trouble spots within three to four hours as two major army stations, including a full Mountain Division, are located within a distance of 150 kms from Kokrajhar. Assam Chief Minister Tarun Gogoi had said that the army presence from day one would have prevented the unprecedented crisis and loss of so many lives. At least 57 people were killed in the violence which rendered 5.02 lakh people homeless during the week-long mayhem. Now, the Home Ministry has asked the Defence Ministry to amend its Standard Operating Procedure (SOP) so that the army can be deployed the moment such a request comes from the civil administration. Why resentment? Bodos The Bodos, constitute the largest tribal community out of a total of 34 tribal communities in Assam. They feel they have been neglected, exploited and discriminated against for decades, look at this accord as a historic opportunity to fulfil their longstanding demands But due to the changing demographics of the BTAD and the consequent land alienation, they fear they may become a minority in their own state and in hitherto Bodo-dominated areas. Non Bodos and Muslims They resents the fact that Bodos constitute a meagre 25 per cent of the total population in the BTC area and believe that Bodos should not be given the right to rule over the other three-fourths. number of villages with minority Bodo population were included in the BTAD to make it a contiguous area. The non-Bodos want such villages to be taken out of BTAD so that they do not feel insecure where they are clearly in the majority. Whats the problem in Bodo Accord? The Bodo Accord, seeks to protect the land rights of the indigenous Bodos while allowing settler Muslims (both legal and illegal) to freely acquire land at the same time. The Bangladeshi migrants easily sneak in the area, illegally procure relevant documents like ration cards to establish Indian nationality. Taking advantage of the provisions in the BTC Act, such migrants are freely procuring land in the BTAD, which only adds to the woes of indigenous Bodos. Both sides are demanding the review / revocation of BTC act because on one hand, Bodos feel their rights are not protected and on the other hand, Non-bodos feel that Bodos are getting way too many benefits. What is the solution? Clashes between Bodos and Non-Bodos are nothing new in the Kokrajhar area. Earlier 1993, 1994, 1996 and as recently as 2008, there have been large scale clashes. Each of them, because of following three reasons: 1. Population pressures 2. land rights 3. illegal migration and occupation Unless and until Governments (both union and state), take proactive actions on those three problems, such incidents might keep recurring. Some measures: National Population Register, Adhar / similar biometric cards. [Polity] Gorkha Territorial Administration (GTA): Origin, Difference from Darjeeling Gorkha Hill Council (DGHC)
1. What is Gorkha Territorial Administration (GTA)? 2. Timeline of Events 3. Difference between DGHC vs GTA? What is Gorkha Territorial Administration (GTA)? a semi-autonomous administrative body for the Darjeeling hills in West Bengal, India. GTA will have administrative, executive and financial powers but no legislati ve powers. [important fact for CSAT] Timeline of Events 1980s Subhah Ghising, chief of the Gorkha National Liberation Front (GNLF), started a movement, demanding a separate state for the Gorkhas living in Darjeeling. 1988 Darjeeling Gorkha Hill Council (DGHC) was setup. 1988 to 2005 Subhas Ghising remained its chairman for three successive terms. 2005 The fourth DGHC elections were due in 2005 but the government decided not to hold elections and instead made Ghising the sole caretaker administrator of the DGHC. 2007 Bimal Gurung, a close aide of Ghising, broke away and formed a new political party called the Gorkha J anmukti Morcha (GJ M). Mar-08 Ghising was forced to resign as caretaker of the DGHC. 2011 Mamata Banerjee became CM of Bengal. The GJ M signed a tripartite agreement with her government and the Central government in J uly 2011, for the formation of the Gorkha Territorial Administration (GTA) in the Darjeeling hills. J ul- 2012 Elections to the GTA were held and the Gorkha J anmukti Morcha won unopposed.
Difference between DGHC vs GTA? Darjeeling Gorkha Hill Council (DGHC) Gorkha Territorial Administration (GTA) The DGHC had 28 seats. GTA has 45 seats and five nominated members. DGHC started with 19 departments in 1988 GTA will start with 54 departments along with 14 executive members. Power in the DGHC was centralised and rested with Subhas Ghising who was the chief of the DGHC. power has been decentralised and there will be a chairman and chief executive who will run the GTA along with other executive members. DGHC did not have the power GTA can have its own budget and to prepare the budget for its departments. It would receive funds as part of the state governments budget. can allocate funds to various departments. DGHC was given an annual grant of Rs 22 crore by the Central government GTA will receive a grant of Rs 200 crore every year for the next three years. DGHC did not have the power to create posts of Group C and Group D and it could not generate employment. GTA will have the power to create Group D staff. DGHC did not have the power to amend any rule. GTA has the power to prepare its regulations and send them to the state government as recommendation. [Polity] Inter linking of Ri vers i n India : Benefits, Problems, China dispute etc.
1. What is the inter-linking river project? 2. History 3. States : Favour and Oppose 4. Whatre the benefits? 5. What is the cost? 6. Ken-Betwa river link 7. Constitutional Provisions: Water 8. What is the problem? 9. What is Convention on the Law of the Non-Navigational Uses of International Watercourses (CLNNUIW)? 10. Indo China Water Disputes? 11. World Bank report on Indias Water Policy 12. Whats the solution? What is the inter-linking river project? It aims to Transfer water from surplus to water deficit areas in the country. Inter-Linking River Program will help saving the people living in drought-prone zones from hunger and people living in flood- prone areas from the destruction caused by floods. History During the British raj, an Engineer Sir Arthur Cotton had sought to link the Ganga and the Cauvery to improve connectivity for navigation purposes but due to the increased railway connectivity among the areas, the idea was shelved. In 1982, the National Water Development Agency (NWDA) was formed as an autonomous body entrusted with the task to carry out the water balance and feasibility studies of the river linking program. In Feb 2012, Supreme Court, gave its go-ahead to the interlinking of rivers and asked the government to ensure that the project is implemented expeditiously. States : Favour and Oppose State Reason In Favour =Tamil Nadu. no major river originates in the state; it is dependent on inter-state rivers. Assam, Sikkim and Kerala oppose the idea they want exclusive right to use their water resources and that such transfers should not affect any rights of these states. Due to reluctance of certain states, the Centre has not been allowed to undertake detailed surveys.
Whatre the benefits? Irrigating 35 million hectares; Enabling full use of existing irrigation projects; Generating power to the tune of 34,000 mw with added benefits, including flood control. What is the cost? Cost of the project was estimated at 5,60,000 crore; the true cost can known only when the detailed project reports of the 30 river link projects are drawn up So far only Ken-Betwa project is under survey. Ken-Betwa river link It is the only project for which the detailed project report has been prepared, In 2005, MoU was signed between Union Water ministry, CMs of MP and UP. Approximately 8,650 ha of forestland in Madhya Pradesh is likely to be submerged for the project; and part of that forestland is a part of the Panna National Park Constitutional Provisions: Water Subject water is placed in the Constitution in Entry 17 of List II (State List) of Schedule VII. However, the caveat is Entry 56 of List I (Union List), which says, Regulations and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. What is the problem? Unfortunately, the Centre has made little use of the powers vested in it vide Entry 56 of List I. The result is that by virtue of Article 246 read with Entry 17, List II, states have exclusive jurisdiction over waters that are located within their territories, including inter-state rivers and river valleys. It is arguably this status of water in the Constitution that constrains the highest in the executive and the judiciary, despite their pronouncements on and commitment to resolving the problem. It has also stopped the Centre from establishing allocation rules and clearly defined water rights among states that have unending disputes over the sharing of inter-state water resources. The latest example is the second Krishna Water Disputes Tribunal, which has turned into a warzone, with a battery of lawyers, technical staff and irrigation department officials from Maharashtra, Karnataka and Andhra Pradesh fighting to win the maximum allocation of the Krishna river for their respective state. What is CLNNUIW)? Convention on the Law of the Non-Navigational Uses of International Watercourses : it is a document adopted by the UN on May 21, 1997, pertaining to the use and conservation of all waters that cross international boundaries, including surface and ground water. Unfortunately, the convention is not yet ratified. Alongside the US, China, Canada and Australia, India is among the major opponents of the CLNNUIW. Indo China Water Disputes? China has several projects in west-central Tibet that may reduce the river water flow into India+Bangladesh. There are reports that China is planning to divert 200 billion cubic metres (BCM) of the Brahmaputra from south to north to feed the Yellow River. If this is true, India will face a severe crisis once the Chinese projects are completed. Many of the hydel projects in the Northeast India may have to be shelved. Of the 1,900 BCM of river runoff available in the country, about 600 BCM is generated in the Brahmaputra, one can imagine what would happen if the bulk of this is diverted by China. World Bank report on Indias Water Policy It says: India is faced with poor water supply services, farmers and urban dwellers alike have resorted to helping themselves by pumping out ground water through tube-wells. it has led to rapidly declining water tables and critically depleted aquifers, and is no longer sustainable (at many places). government actions including the provision of highly subsidised or even free power have exacerbated rather than addressed the problem India is getting seriously water-stressed; and we need to act fast. Water has to be treated not as a local resource, but a global resource. Whats the solution? We need to see if a change in its constitutional status is required We also need to enhance our water-storage capacity, as we suffer the most from the vagaries of the monsoon. river-linking project, alongside a chain of water-conservation projects, would offer a solution. Ref 1. http://www.indianexpress.com/news/status-of-water/982120/ 2. www.downtoearth.org.in/content/supreme-court-go-ahead- interlinking-rivers [Polity] Right to bear guns under Article 21: India vs USA the Freedom
1. Right to bear arms [weapons] (in India) 2. Arms before the British Era 3. Arms during British Raj 4. Why is right to bear arms Necessary? 5. Article 21 6. Rights inferred from Article 21 7. Why India should make a liberal gun law? 8. Licensed weapons will not increase crime 9. Anti-Arguments: USA gun laws Earlier, we talked about freedom of speech and expression, now continuing the discussion on freedom and liberty, here is some fodder for Essay and Group discussion. Right to bear arms [weapons] (in India) 1931, in Karachi, the Indian National Congress passed the resolution on Fundamental Rights, among them, was the right to bear arms. It said Every citizen has the right to keep and bear arms in accordance with regulations and reservations made in that behalf. But, Due to the circumstances under which India gained independence and the prevailing volatile conditions (rioting after partition), it was decided not to include the right to keep and bear arms as a fundamental right but to instead recognize it as a legal right of every citizen, but a citizen's right all the same. J ustice Katju (present chairman of Press Council of India) had written following, in a judgement Arms before the British Era Before the British came to India the situation in our country was that in almost every house there were some arms. Possession of arms was regarded as a sign of dignity and self-respect. Even today in our country in many communities on Dussehra day arms are worshipped, which is symbolic of the respect given to arms in earlier times. The Mahabharat, which is the longest and greatest of the epics of the whole world, is full of the use of arms. Thus, Arjun goes to Divya-Lok to get arms from the gods (which he subsequently used in the Mahabharat War). Thus, in our culture the value of arms for leading a life of self-respect and dignity has been accepted. Arms during British Raj When the British came to India they had to face armed resistance from the feudal kings. Due to their technological and organizational superiority they gradually overcome this resistance and spread their rule in India. It was only after putting down the Mutiny of 1857 that the British decided to disarm the Indian people. Having been shocked by the sudden, widespread uprising against them they decided that to avoid such revolts in future they must (1) disarm the Indian people (2) divide the Indian people. This policy was implemented so effectively that upto 1947 there was hardly any significant militant uprising against them. first comprehensive arms Legislation in India was Act 28 of 1857 This Act was a temporary measure and it only regulated the import, manufacture, sale, possession and use of arms for two years. It was passed when the Mutiny was still going on and it was a hurriedly drafted law with the obvious aim of seeking to put down the revolt. The Indian Arms Act, 1878, was intended to disarm the entire nation. Even after independence, the law declaring 'swords daggers, spears, spear-heads, bow and arrows' as 'arms' has been allowed to continue unaltered on the statute book. Why is right to bear arms Necessary?
With a gun, anyone can become a Singham The rigours of the Arms Act and Rules thereunder continue to make it difficult for law abiding citizens to possess firearms for self-defence whereas terrorists, dacoit-gangs and other anti- social or anti-national elements are using not only civilian weapons but also bombs, handgrenades, Bren-guns, Sten-guns, 303 bore service rifles and revolvers of military type, for perpetrating heinous crimes against society and the State! The position in our country today is that unfortunately the law and order enforcing authorities are not providing adequate protection to the citizens. The result is that the decent, respectable and law abiding citizens are defenceless if a gangster or criminal enters their house with a weapon, or accosts them elsewhere. If such criminal enters one's house with a weapon he can loot the entire property there, dishonour the women and do as he pleases because an unarmed person cannot be reasonably expected to put up resistance against a person carrying a gun or revolver. If, on the other hand, a person has a revolver or pistol with him he can put up resistance against such criminals. Mafia type gangs have established a reign of terror in many cities and violence, kidnapping and extortion are rampant. Some parts of the country are terrorist infested and even in other parts hoodlums with country made weapons are on the rampage! Peaceful and law abiding citizens are often afraid to stir out of their houses after dark or to go to certain places. When we interpret an Act we must take into consideration the existing social conditions and we cannot interpret it in a hyper- technical or highly abstract manner which has no connection with the existing social reality. Article 21 Article 21 states "No person shall be deprived of his life or personal liberty except according to procedure established by law". In my opinion the right to bear arms is embedded in Article 21 of the Constitution and hence it is a fundamental right. No doubt this right, like all fundamental rights, is subject to reasonable restrictions, but the reasonability of the restriction must be judged from the point of view of the prevailing social conditions and not in the abstract Hence what may have been reasonable earlier may no longer be reasonable today. Rights inferred from Article 21 Maneka Gandhi v. Union of India and in a series of subsequent decisions the Supreme Court has spectacularly widened the scope of Article 21 (and also Article 14) and it is now settled that 1. Though Article 21 is couched in negative language, it confers positive rights to life and liberty 2. The word 'life' in Article 21 means a life of dignity as a civilised human being and not just animal survival 3. procedure for depriving a person of his life or liberty must be reasonable, fair and just Thus Article 21 includes within its scope: 1. The right to free education upto the age of 14 years 2. The right to livelihood 3. The right to speedy trial 4. The right to bail without economic restrictions 5. The right to free legal aid to the poor 6. The right to human treatment in prison 7. The right not to be handcuffed, fettered, or put in solitary confinement 8. The right to live with dignity 9. The right against custodial violence 10. The right to shelter 11. The right against unauthorised intrusion into the home 12. The right of effective appeal Why India should make a liberal gun law?
When Everyone is holding a gun, Everyone behaves in a civilized manner! In the U. S. Constitution there is a specific provision stating that citizens have the right to bear arms. There is no similar specific provision in the Indian Constitution. In these day when law and order has broken down it is only an armed man who can lead a life of dignity and self-respect. No criminal or gangster can dare to assault or threaten such a person for fear of retaliation. Since the word 'Life' in Article 21 has been held by the Supreme Court to mean a life of dignity (as discussed above), the right to carry non-prohibited fire-arms must be deemed to be included in Article 21. Licensed weapons will not increase crime In my opinion liberal grant of arms licences will reduce crimes and not increase them (as some people imagine). The criminal will be afraid to at lack law abiding citizens if the latter are armed. In this connection, I may mention that in the second World War when Germany was about to attack Britain, the British Prime Minister Winston Churchill in one of his famous speeches said to the British people " Arm yourselves and be the men of valour" . In other words, Churchill recognized the reality that an unarmed person cannot reasonabl y be expected to be valourous when confronted with an armed cri minal! Some people apprehend that if there is liberal grant of armed licences arms will be passed on by the licensees to dacoits and other anti-social elements. This again is an unfounded apprehension. The criminal already have firearms today (whether licensed or unlicensed). It is the decent, law abiding people who need arms to protect themselves. I am taking is a practical view for another reasons. If a person wishes to commit a crime with a weapon he will ordinarily use an unlicensed weapon. This is because when shots are fired the chances are that the spent cartridge (or cartridges) will fall on the ground and this can be recovered by the police and by nothing the markings on the spent cartridge the particular weapon from which the bullet was fired can be traced out Hence when a person wishes to commit a crime he will in all likelihood use an unlicensed weapon because there are less chances of this being detected and apprehended. Please note: These are not my views, I have merely copy pasted J ustice Katjus judgement. Now coming to the Anti-Arguments: USA gun laws From Indian Express article The Second Amendment of the US Constitution states, simply: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. This is a terrible sentence. The best English teachers have not been able to parse it, and the US Supreme Court has not been able to clarify it. In the US, some people argue that the Second Amendment means that all people are allowed to carry all types of weapons at all times. They argue that people in rural areas should be allowed to use guns to hunt game. In the US, hunting game is a long and historic tradition. Many families teach their sons, and increasingly their daughters, to kill game with a clean shot, during the state-proscribed hunting season, and then to prepare the carcass as food. In the inner cities of America, guns are not used for food; they are used to kill people. The Colorado massacre (2012) in which, during a midnight screening of the film The Dark Knight Rises A gunman, dressed in body armor, set off tear gas grenades and shot into the audience with multiple firearms, killing 12 people and injuring 58 others. It highlights the culture of the US in a very simple way. Individuals sometimes do odd things (like mass slaughter), but that is simply the cost of freedom. US culture is deeply obsessed with making guns available to all, while making sure that very few have access to mental healthcare. And already I am beginning to hear the new narrative: if everyone had been armed, there wouldnt have been such a tragedy; a good guy would have shot the bad guy, problem solved. So, we wait, until the next inexplicable mass tragedy. But in the US, guns are political weapons. President Barack Obama offered words of comfort to the nation last week for the Colorado Massacre, but without raising the sticky issue of gun control. Reason? Heavy lobbying and Political funding by National Rifle Association, makes it difficult for any politician of US, to pass strict gun laws. [Polity] Constitutional Provisions for Scheduled Tribes (rights issue for CSAT)
Topic is important for CSAT Paper I (rights issue) and for GS (Mains) Paper I (Polity). 1. Article 15(4): Promotion of Social, Economic and Educational interests 2. Article 19(5): Safeguard of Tribal Interests 3. Article 23: Human Trafficking 4. Article 29: Cultural and Educational Rights 5. Article 164 6. Articles 330, 332 and 334 7. Article 335 8. Article 338 9. Article 339(1) 10. Article 371(A, B, C) Constitutional Provisions / Safeguards for Scheduled Tribes, can be divided into two parts 1. Protective 2. Developmental. ( you read the following provisions and classify them into above segments by yourself) Article 15(4): Promotion of Social, Economic and Educational interests
This article empowers "the state to make any special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes". This clause has been especially incorporated to prevent any
special provision made by a state for the advancement of socially or educationally backward classes of citizens from being challenged in the law courts on the ground of discrimination. Article 19(5): Safeguard of Tribal Interests
While the rights of free movement and residence throughout the territory of India and of acquisition and disposition of property are guaranteed to every citizen, special restrictions may be imposed by "the state for the protection of the interests of any Scheduled Tribe ". (For example state may impose restrictions on owning property by non tribals in tribal areas.) Article 23: Human Trafficking 'Traffic in human beings, begar and other similar forms of forced labour are prohibited". This is a very significant provision so far as Scheduled Tribes are concerned. Article 29: Cultural and Educational Rights According to this article a cultural or linguistic minority has right to conserve its language or culture. 'The state shall not impose upon it any culture other than the community's own culture." Article 164 It provides for a Minister-in-charge of tribal welfare in the states of MP, Chattisgarh,Orissa and J harkhand.* These states have substantial tribal population and special provision of a Minister looking after tribal welfare is an evidence of the concern of the framers of the constitution for safeguarding the interests of Scheduled Tribes. *Correction by our good friend Syed Waseem Pasha Earlier it was mp, orissa amd bihar (MOB) but the new list is mp, chattisgarh(after 2000), orissa & jharkhand(after 2000) bihar removed Articles 330, 332 and 334
According to these articles seats shall be reserved for Scheduled Castes and Scheduled Tribes in legislative bodies. There are provisions for reservations of seats in the parliament as well as legislative Assembly of every state (Article 330,332). Such reservations were cease to be effective after a period of 10 years from the commencement of the constitution (Article 334) but after every ten years its being extended through constitutional amendments. Article 335 The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration in making the appointments to services and posts in connection with the affairs of the Union or of a State. Article 338 It says that there shall be a special officer for the Scheduled Castes and Scheduled Tribes to be appointed by the President. National Commission for Scheduled Tribes, has been established under 338A. Article 339(1) The President may at any time and shall at the expiration of 10 years from the commencement of the constitution by order appoint a Commission to report on the administration of Scheduled areas and the welfare of the Scheduled Tribes in the states. Article 371(A, B, C)
Provides for the special measures and provisions with respect to the states of Maharashtra and Gujarat (371), Nagaland (371 A), Assam (371 B) , and Manipur (371 C). Besides, provisions are also made in the fifth and the sixth Schedule of the constitution regarding the administration of the tribal areas. [5 th and 6 th Schedules are lucidly explained in M.Laxmikanths Book on Indian Polity] [Polity] Freedom of Speech for SMS, NGOs, Pirates and John Doe
1. SMS =Protected under Art 19 2. NGO Foreign Agents Law (Russia) 3. Middleman in Piracy (US/UK) 4. J ohn Doe: How Kolaveri Di got SCs Website hacked? 5. Important topics of GS Paper II Three news items on Freedom of Expression. SMS =Protected under Art 19 Timeline of Events 200 SMS September 2011: Telecom Regulatory Authority of India (TRAI) ordered the Mobile companies, to set a cap of 100 SMSs per day per users. This was done to curb the SMS-spamming (like those MBA college admission and car loans.) Technical word for Spam-SMS=UCCs (unsolicited commercial communication) November 2011: TRAI had raised the SMS limit upto 200 from the earlier limit of 100 SMS per day. J uly 2012: Delhi HC, ordered the TRAI to lift this 200 SMS / day restriction. Observations of Delhi HC: 1. blanket cap on the number of SMSes imposed by the Telecom Regulatory Authority of India was violative of the constitutional provision and could not qualify as a reasonable restriction on ones freedom of speech and expression. 2. TRAI made these Regulations for curbing the menace of commercial calls and SMSes. However, when the final regulation came it not only put an embargo on maximum voice calls/SMSes that can be seen for commercial purposes, but all categories of SMSes! 3. TRAI was not reasonable in painting with the same brush SMSes meant for commercial advertisements and those sent with the objective of propagation of ideas, social, political or economic. (lolz, sending SMS jokes about Sonia/Mohan is also one way of propogating such noble ideas) 4. it offends the fundamental rights of the mobile users enshrined under Article 19(1)(a) of the Constitution. (freedom of speech and expression)
NGO Foreign Agents Law (Russia) In J uly 2012, Russia's Lok Sabha (Duma), passed a bill forcing jholachhap NGOs engaged in political activity with foreign financing to be classed as "foreign agents." Under the new legislation, NGOs would have to publish a biannual report on their activities and carry out an annual financial audit. Failure to comply with the law could result in four- year jail sentences and/or fines of up to 300,000 rubles ($9,200). Non-profit organizations which fall under the laws jurisdiction, will be put on the foreign agents list what means that an NGO will be required to put a foreign agent label on all printed materials it publishes, including media materials. In addition an NGO will need to inform the J ustice Ministry about any foreign funding transactions greater than 200,000 rubles (about $7,000), it may receive, according to the amendments into the Law against Money Laundering and Terrorism Funding. Apart from this, Russian Government is also in the process of passing two more laws to clamp the freedom of Expression Internet Blacklist Bill for creation of a federal agency to rule on which websites should be closed down. Criminal Defamation Bill: carry fines of up to five million rubles ($170,000) for misinformation damaging a person's reputation. (People fear, it'll be misused to silence the critiques of President Putin by charging them under this law.) Middleman in Piracy (US/UK) Richard ODwyer, a student from England, started a website that helped visitors find pirated American movies and television shows online. Right now the Obama administration is seeking to extradite ODwyer from Britain on criminal charges of copyright infringement. Ameri ca s arguments: ODwyers website TVShack.net made about $230,000 from advertising over the course of two years. Although O'Dwyer's own site did not serve up pirated content, but it provided links to other piracy sites that did, and his site made more than 2 lakh dollars in advertizement Revenue alone. So, he is a middleman who himself didnot serve the pirated content but a fair amount of money by pointing people to pirated content. ODwyers argument : my website only listed the links to videos hosted on other pirated websites, and google search engine also does the same! The possible punishment: 10 years in a United States prison. J ohn Doe: How Kolaveri Di got SCs Website hacked? makers of the Tamil movie "3" (Dhanush of "Kolaveri D" fame), went to Madras High Court, to prevent the spreading of their movie's pirated copy. The Court passed a J ohn Doe order, telling the Department of Telecom to direct all the Internet Service Providers (ISP) to block pirate-sites like Piratebay, Vimeo, Dailymotion and Pastebin. "J ohn Doe" order =Ex parte injunctions =injunctions that are granted even without hearing the other party. (in this case, Piratebay and other pirate-sites.) In USA's legal terminology "J ohn Doe" means an unknown or fictitious man who is a party to legal proceedings. You can read more on this Hindu article: http://www.thehindu.com/opinion/op-ed/article3446658.ece Anyways, the "Hactivists" got angry when Piratebay stopped working. So they went ahead and hacked the websites of Congress and Supreme Court of India. After sometime, those two sites started working again but so did those pirate sites! and both SC and Congress claim that their website was never hacked! Important topics of GS Paper II 1. Stop Online Piracy Act SOPA 2. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA) 3. Anti-Counterfeiting Trade Agreement (ACTA) And these should also serve as fodder for any Essay related to Freedom of Speech and Expression (particularly the pros and cons.) [Polity] Art 74 vs RTI : Letters between President and PM cannot be disclosed 1. What is the case? 2. What did Delhi HC say? 3. Questions for UPSC IAS GS Mains Paper 1 What is the case? Using Right to information act, one Mr.C Ramesh had sought all the letters sent by President Narayanan to Prime Minister AB Vajpayee relating to Gujarat riots of 2002. In 2006, Chief Information Commissioner had asked the union government to disclose those letter.
But The union government had filed an appeal against this CIC order, in Delhi High court. Union Governments argument is that under Articles 74 and 78 of the Constitution, any advice tendered by the Union council of ministers or correspondence exchanged between the president and the prime minister enjoyed immunity from public scrutiny. What did Delhi HC say? 1. Article 74(2) of the Constitution bars the disclosure of the advice given by the Council of Ministers to the President. 2. Article 74(2) of the Constitution cannot be made subservient to the RTI Act as the same could not have been the intention of the legislature and even if it was, the same cannot come in effect without amending the Constitution. 3. Only the judges of the Supreme Court and high courts had the power to call for such material (the communications), to peruse them, under Articles 32 and 226 of the Constitution. 4. But CIC cannot claim parity with the judges of the Supreme Court and the high courts 5. Therefore, CIC cannot direct the Union to produce the correspondence between the President and the Prime Minister. Questions for UPSC IAS GS Mains Paper 1 1. Why were art 74 and 78 been in news recently? 2. What are the powers given to SC and HC under Art 32 and 226 of the Constitution of India. 3. (Interview) what is your take on Art 74 vs RTI? 4. (interview) Can the parliament amend 74(2)? Ans. Yes it can, because #74(2) is not part of the Basic structure of the Constitution. 5. (interview) Give examples of some Public Organizations excluded from RTI? Are you in favor of it, given all the allegations of corruption in every department?
President K R Narayan and PM Vajpayee [Polity] Political Dynasties: Meaning, Factors responsible, Demerits 1. What is a Dynastic Party? 2. What are the examples of Dynastic parties? 3. What are the disadvantages / Demerits of Dynastic Politics? 4. What are the factors responsible for existance of dynastic parties? o Factor #1: Selection of Successor o Factor #2: Civil Society o Factor #3: Party finance. 5. Dynsties around the world What is a Dynastic Party? Dynastic party to be one where the top leadership comes from within one family or the successor is appointed without an organisational election. What are the examples of Dynastic parties? 1. The Congres (lolz) 2. Akali Dal in Punjab 3. Shiv Sena in Maharashtra; 4. NCP of Maharashtra; 5. DMK in Tamil Nadu; 6. TDP of Andhra Pradesh; 7. BJ D in Orissa; 8. SP in UP.
What are the disadvantages / Demerits of Dynastic Politics? 1. There is a representation deficit when it comes to dynastic parties. 2. In those areas where dynastic parties compete, voters are far more likely to say that the politician (MLA or MP) does not look after the interests of anyone in the constituency 3. Those states where the two main political parties are dynastic, there are greater vote swings for a party from one election to the other, with the average vote swing reaching 7 per cent. 4. Independent candidates are more likely to be elected and win votes. The percentage of independent candidates winning moves from 10 per cent under non-dynastic competition to 14 per cent under dynastic competition. 5. There is a proliferation of political parties, with the effective number of political parties moving from less than four to more than four. 6. In a dynastic party the top spot is limited to members of a family. For ambitious politicians who want to rise to the top spot there is only one option to form their own political party or to switch allegiance to another party that will give them a higher position. This leads to larger number of parties competing for votes and/ or greater vote swings. 7. Still, why should we bother? Because ^above things lead to Coalition Politics and Coalition politics leads to policy Paralysis and 2G scams at Union and State level. What are the factors responsible for existance of dynastic parties? key to understanding why dynasties exist lies in party organisation. In India, and elsewhere, 1. if a political party does not have a cadre-based organisation, 2. is not rooted in an independent civil society association and 3. has centralised financing of elections, It is much more likely to be dynastic. Elaborate.
Factor #1: Selection of Successor If a party has a party organisation where other contenders to the chief post can form their independent bases of power or lobby groups within the party, it may be harder to sustain dynastic parties. This was the case with the Congress in the 1960s when a strong organisation could discipline the ruling Congress party. Factor #2: Civil Society If a party has strong ties to a civil society organisation that constrains the party leader from appointing kin as successor, the party will be non-dynastic. The classic case is the BJ P. The RSS (in which the BJ P is societally rooted) exercises enough influence over the choice of leadership to ensure that it is non-dynastic. Factor #3: Party finance. As long as politicians raise their own campaign finances illegally, their best insurance against disclosure is to keep the money in the family. If all politicians in India raised funds independently and openly (as they do in the United States) individual politicians could challenge the party leadership. In India this independence is discouraged and substantial campaign contributions are undisclosed or black and collected centrally. This centralisation of finances is essential to avoid detection. As many have observed, the bulk of the money for the 2009 election campaigns of various parties was allocated to Lok Sabha hopefuls by the central command. This gives the central party enormous control and the party leader is influenced by incentives that encourage keeping it all in the family.
Dynsties around the world Political dynasties are found where they provide risk insurance for politicians. Even in stable political systems like J apan, dynasties are common. Not surprisingly, then, dynasties have been seen in parts of the US, in Costa Rica, El Salvador, Nicaragua, the Philippines and Colombia. Ref Original article by Vasundhara Sirnate , Pradeep Chhibber from Department of Political Science, University of California. [Polity] Constitutional Bench: Meaning Importance 1. What is a Constitutional bench? 2. Then Whats the problem? 3. Where small benches handled big cases 4. Case: Right to Education Act in private institutes 5. Case: Salva J udum (2011) 6. Case: Narco Analysis in Police Custody 7. Case: Passive euthanasia (Aruna Shanbaug) 8. Benefits of a larger bench 9. What is Narco Analysis (2m)? 10. What is Euthansia? What is a Constitutional bench? According to Article 145(3) of the Constitution, any substantial question of law relating to the interpretation of the Constitution must be heard by benches of at least five judges. Such bench is called a Constitutional bench. Then Whats the problem? At present Supreme Courts has 27 judges, but very busy thanks to 50,000+pending, therefore even the important cases involving Substantial question of law are handled by small 2-3 judges bench instead of a 5 judge Constitutional bench Where small benches handled big cases Case: Right to Education Act in private institutes Three Judges bench 1. J ustice Swatanter Kumar 2. J ustice S H Kapadia 3. J ustice Radhakrishnan Verdict Majority of the bench,upheld the constitutional validity of the Right to Education Act 2009, which mandates 25 per cent free seats to the poor in government and private unaided schools uniformly across the country. J ustice Radhakrishnan took the view that the Act would not apply to both unaided private schools as also minority institutions which do not receive any aid or grant from the government. J ustice Radhakrishnan's view was overruled by justices Kapadia and J ustice Swatanter Kumar who took the stand that the Act would be applicable even to unaided private schools.
Case: Salva J udum (2011) Two judges bench J ustice B. Sudershan Reddy J ustice S.S. Nijja Verdict The deployment of tribal youths as Special Police Officers either as 'Koya Commandos', Salwa J udum or any other force in the fight against the Maoist insurgency is illegal and unconstitutional and ordered their immediate disarming. State of Chhattisgarh shall forthwith make every effort to recall all firearms issued to any of the SPOs, whether current or former, along with any and all accoutrements and accessories issued to use such firearms. The word firearm as used shall include any and all forms of guns, rifles, launchers etc., of whatever calibre. State of Chhattisgarh to immediately cease and desist from using SPOs in any manner or form in any activities, directly or indirectly, aimed at controlling, countering, mitigating or otherwise eliminating Maoist/Naxalite activities in the State of Chhattisgarh. directed the Centre and the State of Chhattisgarh to provide appropriate security forthwith, and undertake such measures as are necessary, and within bounds of constitutional permissibility, to protect the lives of those who had been employed as SPOs previously, or who had been given any initial orders of selection or appointment, from any and all forces, including but not limited to Maoists/Naxalites. Whether SPOs have been effective against Maoist/Naxalite activities in Chhattisgarh would seem to be a dubious, if not a debunked, proposition given the state of affairs in Chattisgarh. Even if we were to grant, for the sake of argument, that indeed the SPOs were effective against Maoists/Naxalites, the doubtful gains are accruing only by the incurrence of a massive loss of fealty to the Constitution, and damage to the social order.
Case: Narco Analysis in Police Custody Three judge bench 1. Chief J ustice K.G. Balakrishnan 2. J ustice R.V. Raveendran 3. J ustice J .M. Panchal Verdict no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty. compulsory administration of the impugned techniques violates the right against self-incrimination. The test results cannot be admitted in evidence if they have been obtained through the use of compulsion. Article 20 (3) of the Constitution [No person accused of any offence shall be compelled to be a witness against himself] protects an individual's choice between speaking and remaining silent Article 20 (3) aims to prevent the forcible conveyance of personal knowledge that is relevant to the facts in issue. The results obtained from each of the impugned tests bear a testimonial character and they cannot be categorised as material evidence. It is our considered opinion that subjecting a person to the impugned techniques in an involuntary manner violates the prescribed boundaries of privacy. Forcible interference with a person's mental processes is not provided for under any statute and it most certainly comes into conflict with the right against self-incrimination. results obtained through the involuntary administration of either of these tests come within the scope of testimonial compulsion,' thereby attracting the protective shield of Article 20 (3). if these techniques were used compulsorily if would violate Article 20 (3). Even when the subject had given consent to undergo any of these tests, the test results by themselves could not be admitted as evidence because the subject does not exercise conscious control over the responses during the administration of the test. However, any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted, in accordance with Section 27 of the Evidence Act.
Case: Passive euthanasia (Aruna Shanbaug) Two-judge bench 1. J ustice Markandeya Katju 2. J ustice Gyan Sudha Mishra Verdict Laid a set of tough guidelines under which passive euthanasia can be legalised through high court monitored mechanism. Allowed "passive euthanasia" of withdrawing life support to patients in permanently vegetative state (PVS) but rejected outright active euthanasiaof ending life through administration of lethal substances. Bench also asked Parliament to delete Section 309 IPC (attempt to suicide) as it has become "anachronistic though it has become Constitutionally valid." A person attempts suicide in a depression, and hence he needs help, rather than punishment, there is no statutory provision for withdrawing life support system from a person in a permanently vegetative state, it was of the view that "passive euthanasia" could be permissible in certain cases for which it laid down guidelines and cast the responsibility on high courts to take decisions on pleas for mercy killings. dismissing writer Pinky Virani's plea for subjecting to mercy killing of the KEM Hospital nurse who was sexually assaulted by a ward boy, the apex court cast the responsibility of taking a call on passive euthanasia on high courts, if the plea is made by close relatives or friends who have strongly opposed such a step. A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend, It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient," and should be approved by the high court Similarly, Naz Foundation case on the constitutionality of Article 377 of the Indian Penal Code (Homosexuality) was heard by just two judges.
Benefits of a larger bench Why should we care if these cases are heard by three judges or five or nine or just one? Because More judges mean that there will be more points of view, greater reflection and more thorough analysis offered in these vital cases that will help set the direction of the country for decades to come. More judges also mean that it is likelier that the opinion of the bench will reflect that of the overall Supreme Court and not just two or three judges with a minority viewpoint. It is more difficult to overturn a five-judge bench than a two- or three-judge bench, meaning the public can have more confidence in the stability of the law on issues that affect millions of lives. This is all the more critical in cases where novel questions of law are being addressed and there is no clear precedent on the issue. In the 1960s, a much less congested Supreme Court heard about 100 five-judge or larger benches a year. By the first decade of the 2000s, the court averaged only about 10 constitution benches a year. Side questions
What is Narco Analysis (2m)? Narco analysis technique involves the intravenous administration of sodium pentothal, a drug which lowers inhibitions on part of the subject and induces the person to talk freely. Back to the point, What is Euthansia? The act of killing someone painlessly (especially someone suffering from an incurable illness) Find out the places where Euthansia is legal. Ref 1. Original article written by Nick Robinson, a visiting fellow at the Centre for Policy Research, Delhi, 2. Verdict compilation by yours unfaithfully. [Polity] Senior Citizens Welfare Act 2007 : Salient Features Important question for General Studies (Mains) Paper 1 What are the Salient features of Maintenance and Welfare of Parents and Senior Citizens Act, 2007? Answer The act defines senior citizen as any citizen of India aged 60+, whether living in India or not. Every Senior Citizen who is unable to maintain himself from his own income, can claim maintenance from his children. A childless Senior Citizen can claim maintenance from his relative who is in possession of, or would inherit his property. Maintenance Tribunals State Governments are to constitute Maintenance Tribunal at Sub Divisional Level. Senior Citizen may submit application for maintenance to this tribunal. If Senior Citizen is incapable of making a application himself, any other person or registered NGO can file complaint on his behalf. State Governments have designate the District Social Welfare Officer or an equivalent officer as Maintenance Officer, who can then represent a parent, on request, before a Maintenance or Appellate Tribunal. Lawyers cannot represent any party before the Tribunals Punishments Maintenance Tribunal can award up to Rs. 10,000 per month as maintenance allowance payable to the senior citizen by his child/relative. Theyve to give judgment in 90 days. If child/relative is neglecting the senior citizen after getting his property, then Tribunal Appeal can declare such property transfer null and void and return it to the senior citizen. Abandonment of a Senior citizen is punishable with imprisonment up to 3 months and or Rs. 5000 [Polity] Answerkey for CSAT Paper I (General Studies) 2012 Polity questions only In CSAT Paper I (General Studies) 2012, Total 18 questions were asked from Indian Polity. Im providing the answer keys with explanation and reference source. 1. President 2. Deadlock 3. CAG role 4. PM appointment 5. Delimitation Commission 6. Distribution of powers 7. Fundamental duties 8. SC Autonomy 9. Rajya Sabha special powers 10. 13 th Finance Commission 11. Public Finance 12. Education in Constitution 13. Adjournment Motion 14. DPSP 15. UT in RajyaSabha 16. Speaker 17. SC jurisdiction 18. PESA Act President
According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following? 1.The Recommendations of the Union Finance Commission 2.The Report of the Public Accounts Committee 3.The Report of the Comptroller and Auditor General 4.The Report of the National Commission for Scheduled Castes Select the correct answer using the codes given below : (a)1 only (b)2 and 4 only (c)1, 3 and 4 only (d)1, 2, 3 and 4 Explanation: Copy pasting from Indian Polity by M.Laxmikanth (TMH Publication) (Chapter 37, CAG): .CAG gives three audit reports to President. he lays it before both houses of the parliament. After this, the Public Accounts Committee examines them and reports its findings to the parliament. It means: President lays down CAG report. PAC lays down report in parliament on its own (President doesnt come in picture). So, Eliminate Choices involving Statement #2 Eliminate choices *not* involving Statement #3 Final- Answer: C Deadlock A deadlock between the Lok Sabha and the Rajya Sabha calls for a joint sitting of the Parliament during the passage of 1.Ordinary Legislation 2.Money Bill 3.Constitution Amendment Bill Select the correct answer using the codes given below : (a)1 only (b)2 and 3 only (c)1 and 3 only (d)1, 2 and 3 Copy pasting from Indian Polity by M.Laxmikanth (TMH Publication) s chapter on Parliament: .it must be noted here that provisions of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills. Eliminate Choices involving Statement #2 and #3 Final- Answer: A CAG role In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)? 1.CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency. 2.CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee. 3.Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances. 4.While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law. Which of the statements given above is/are correct? (a)1, 3 and 4 only (b)2 only (c)2 and 3 only (d)1, 2, 3 and 4 Explanation: Statement #1 and #4 are bogus. Eliminate choices accordingly. We are left with B and C. Im not really sure whether Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances 50/50 between B and C (or perhaps may be 70/30 between B and C !) PM appointment The Prime Minister of India, at the time of his/her appointment (a)need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the" Houses within six months (b)need not necessarily be a member of one of the Houses of the Parliament but must become a member of the Lok Sabha within six months (c)must be a member of one of the Houses of the Parliament (d)must be a member of the Lok Sabha Explanation: Indian Polity by M.Laxmikanth (TMH Publication) Chapter 19: Prime Minister In 1977, SC held that a person who is not a member of either house of parliament can be appointed as PM for 6 months, within which, he should become a member of either house of parliament; otherwise he cases to be a PM. Final- Answer: A Delimitation Commission With reference to the Delimitation Commission, consider the following statements : 1.The orders of the Delimitation Commission cannot be challenged in a Court of Law. 2.When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct? (a)1 only (b)2 only (c)Both 1 and 2 (d)Neither 1 nor 2 Explanation: Indian Polity by Wizard Publication : The delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court of law. These orders come into force on a date to be specifified by President of India. The copies of its orders are laid before the House of People and the State legislative assembly concerned but no modifications are permissible therein by them. Therefore both statements are correct. Final- Answer: C Distribution of powers The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the (a)Morley-Minto Reforms, 1909 (b)Montagu-Chelmsford Act, 1919 (c)Government of India Act, 1935br /> (d) Indian Independence Act, 1947 Indian Polity by M.Laxmikanth (TMH Publication) 1 st Chapter Government of India Act 1935 ->Features of the Act The Act divided the powers between Centre and unit in terms of three lists- 1. Federal List (for Centre, with 59 items) 2. Provincial List (for provinces, with 54 items) and 3. Concurrent List (for both, with 36 items) Final Answer: (C)
Fundamental duties Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution? 1.To preserve the rich heritage of our composite culture 2.To protect the weaker sections from social injustice 3.To develop the scientific temper and spirit of inquiry 4.To strive towards excellence in all spheres of individual and collective activity Select the correct answer using the codes given below : (a)1 and 2 only (b)2 only (c)1, 3 and 4 only (d)1, 2, 3 and 4 Fifth fundamental duty is to promote harmony and spirit of brotherhood amongst all the people of india transcending religious. But it doesnt talk specifically about protecting weaker sections from social injustice. Eliminate Choices involving Statement #2 Rich heritage =Duty#6 Scientific temper=Duty#8 Excellence=Duty#10. Therefore (C) is the correct choice. SC Autonomy
What is the provision to safeguard the autonomy of the Supreme Court of India? 1.While appointing the Supreme Court J udges, the President of India has to consult the Chief J ustice of India. 2.The Supreme Court J udges can be removed by the Chief J ustice of India only. 3.The salaries of the J udges are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4.All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief J ustice of India. Which of the statements given above is/are correct? (a)1 and 3 only (b)3 and 4 only (c)4 only (d)1, 2, 3 and 4 Indian Polity by M.Laxmikanth (TMH Publication) chapter on Supreme court: Topic: Independnece of supreme court, Point #8: Freedom to appoint staff: The CJ I can appoint officers and servents of SC without any interference from Executive (the Government ) So statement #4 is incorrect. Eliminate all choices involving Statement #4, and we are left with final answer (A) Rajya Sabha special powers Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India? (a)To change the existing territory of a State and to change the name of a State (b)To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services (c)To amend the election procedure of the President and to determine the pension of the President after his/her retirement (d)To determine the functions of the Election Commission and to determine the number of Election Commissioners Indian Polity by M.Laxmikanth (TMH Publication) Chapter : parliament , topic : Special powers of Rajya Sabha 1. It can authorize the parliament to make a law on a subject enumerated in state list (Art.249) 2. It can authorize the parliament to create a new all india service common to both the Centre and the State (art.312) Accordingly, Final answer: Statement (b) is correct. 13 th Finance Commission
Which of the following is /are among the noticeable features of the recommendations of the Thirteenth Finance Commission? 1.A design for the Goods and Services Tax, and a compensation package linked to adherence to the proposed design 2.A design for the creation of lakhs of jobs in the next ten years in consonance with India's demographic dividend 3.Devolution of a specified share of central taxes to local bodies as grants Select the correct answer using the codes given below : (a)1 only (b)2 and 3 only (c)1 and 3 only (d)1, 2 and 3 Governance in India by M.Laxmikanth (TMH Publication) Appendix #3: recommendations of 13 th Finance Commission. 13 th FC talks about GST and compensation to States. Eliminate choices not involving Statement #1 While 13 th FC does talk about disaster Management, It doesnt talk about lakhs of jobs or demographic dividend. Eliminate choices not involving Statement #2 While the 13 th FC does talks about giving 32% of the shareable central taxes to the states and about providing Grant in Aid to States for allocation to Local bodies. But the given statement Devolution of a specified share of central taxes to local bodies as grants seems to be incorrect / exaggerated. (Or may be I havent read the 11 page recommendation properly!) Final answer: Confused between (a) and (c). 70/30 for (a)/(c).
Public Finance Which of the following are the methods of Parliamentary control over public finance in India? 1.Placing Annual Financial Statement before the Parliament 2.Withdrawal of moneys from Consolidated Fund of India only after passing the Appropriation Bill 3.Provisions of supplementary grants and vote-on-account 4.A periodic or at least a mid-year review of programme of the Government against macroeconomic forecasts and expenditure by a Parliamentary Budget Office. 5. Introducing Finance Bill in the Parliament Select the correct answer using the codes given below : (a)1, 2, 3 and 5 only (b)1, 2 and 4 only (c)3, 4 and 5 only (d)1, 2, 3, 4 and 5 Explanation: Statement #4 doesnt make sense. There is no parliamentary budget office to review programs of Government. But there is an Estimate Committee of parliament to review policies and continuous examination of estimates from time to time throughout the year. Eliminate choices involving Statement #4, and we are left with final Answer (A) Or may be all correct! Answer choice (D)?
Education in Constitution Which of the following provisions of the Constitution of India have a bearing on Education? 1.Directive Principles of State Policy 2.Rural and Urban Local Bodies 3.Fifth Schedule 4.Sixth Schedule 5.Seventh Schedule Select the correct answer using the codes given below : (a)1 and 2 only (b)3, 4 and 5 only (c)1, 2 and 5 only (d)1, 2, 3, 4 and 5 Solution Item Provision? DPSP Art. 45 to provide early childhood care and education for all children until they complete the age of 6 years. Rural and Urban Local Bodies 11 th schedule, 29 functions of Panchayat : item#17: education including primary and secondary schools. 12 th Schedule, 5 th Sch. Administration of tribal areas under States other than AMTM (Assam, Meghalay,Tripura,Mizoram) Did not find anything specific on education. 6 th Sch. Administration of tribal areas in AMTM. District council can establish, construct or manage primary schools. 7 th Sch. Union, State and concurrent list. Has provisions related to education Statement 4 is definitely correct (6 th Schedule), Eliminiate choices not involving Statement #4. And since Statement #1 (DPSP) is definitely correct. We are left with the final answer Choice (D) : all statements are correct. Adjournment Motion In the Parliament of India, the purpose of an adjournment motion is (a)to allow a discussion on a definite matter of urgent public importance (b)to let opposition members collect information from the ministers (c)to allow a reduction of specific amount in demand for grant (d)to postpone the proceedings to check the inappropriate or violent behaviour on the part of some members Indian Polity by M.Laxmikanth (TMH Publication) Chapter on Parliament Topic: Devices of Parliamentary proceedings ? Motions ? Adjournment motion. it is introduced in the parliament to draw attention of the house to a definite matter of public importance, and needs the support of 50 members to be admitted. Final answer: Statement A is correct.
DPSP Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India : 1.Securing for citizens of India a uniform civil code 2.Organizing village Panchayats 3.Promoting cottage industries in rural areas 4.Securing for all the workers reasonable leisure and cultural opportunities Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy? (a)1, 2 and 4 only (b)2 and 3 only (c)1, 3 and 4 only (d)1, 2, 3 and 4 Quoting Indian Polity by M.Laxmikanth (TMH Publication) Chapter on Directive Principles of State Policy. Topic: Classification of Directive Principles Accordingly, given principles can be classified as following Principle Type Art.No Securing for citizens of India a uniform civil code Liberal intellectual 44 Organizing village Panchayats Gandhian 40 Promoting cottage industries in rural areas Gandhian 43 Securing for all the workers reasonable leisure and cultural opportunities Socialistic ?? Uniform Civil code is definitely not under Gandhian principle, so eliminate all options involving Statement #1, and we are left with final answer (B) UT in RajyaSabha Consider the following statements: 1.Union Territories are not represented in the Rajya Sabha. 2.It is within the purview of the Chief Election Commissioner to adjudicate the election disputes. 3.According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only. Which of the statements given above is/are correct? (a)1 only (b)2 and 3 (c)1 and 3 (d)None Indian Polity by M.Laxmikanth (TMH Publication) Chapter on Parliament Topic: organization of Parliament ..Under the Constitution, the parliament of India consists of three parts 1. The President 2. The Council of States (Rajya Sabha) 3. The House of People (Lok Sabha) Options involving statement #3 are false. Eliminate them Same chapter of M.Laxmikanth, Topic: Composition of two houses ->Composition of Rajya Sabha -> 2. Representation of Union Terrirotiries. .Out of the seven union territories, only two (Delhi and Pondicherry) have representation in Rajya Sabha. The Population of other five union territories are too small to have any representative in Rajya Sabha. Therefore Statement #1, is also incorrect. Eliminate answer Choice (a) We are left with the final answer (D) : None of the given statements are correct. ANSWER: (D) Speaker Regarding the office of the Lok Sabha Speaker, consider the following statements: 1.He/She holds the office during the pleasure of the President. 2.He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election. 3.If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker. Which of the statements given above is /are correct? (a)1 and 2 only (b)3 only (c)1, 2 and 3 (d)None Speaker is an autonomous Constitutional body by himself, he can be removed by Lok Sabha, President has no role in this. So Speaker doesnt hold office during the pleasure of President. Statement #1 is false. Eliminate option s involving Statement #1 Statement #3: is correct, Speaker can resign by writing to the Deputy Speaker. Final Answer (B) SC jurisdiction Which of the following are included in the original jurisdiction of the Supreme Court? 1.A dispute between the Government of India and one or more States 2.A dispute regarding elections to either House of the Parliament or that of Legislature of a State 3.A dispute between the Government of India and a Union Territory 4.A dispute between two or more States Select the correct answer using the codes given below : (a)1 and 2 (b)2 and 3 (c)1 and 4 (d)3 and 4 Statement #1 and 4 fall under the original jurisdiction of Supreme Court. Therefore Final answer (C) PESA Act
In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha? 1.Gram Sabha has the power to prevent alienation of land in the Scheduled Areas. 2.Gram Sabha has the ownership of minor forest produce. 3.Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas. Which of the statements given above is/are correct? (a)1 only (b)1 and 2 only (c)2 and 3 only (d)1, 2 and 3 Governance in India by M.Laxmikanth (TMH Publication) Chapter :Local administration, subtopic: Extension Act of 1996 (PESA) According to the book: Statement 1 is correct verbatim. (Point 13/(iii) of the chapter) Statement 2 is correct verbatim. (Point 13/(ii) of the chapter) Statement 3: problem Point 10 says Recommendation of Gram sabha or Panchayat at the appropriate level shall be mandatory for grant of prospecting licence or mining lease for minor minerals in the scheduled area Notice the word: Minor minerals The given statement says any Mineral Therefore Statement #3 is false. Eliminate choices accordingly, and we are left with the final answer (B). [Polity / Essay] Troop Movement and Freedom of Press About the Gag order of Allahabad HC on Troop movement report of Indian Express. Im copy pasting J ustice Katjus letter here as food for thought, fodder material for Essay and group discussions (GD). I am of the opinion that regarding reporting of troop movement by the Media a balanced approach has to be taken. On the one hand freedom of the media is guaranteed as a fundamental right in Article 19(1) (a) of the Constitution, on the other hand this right is subject to reasonable restrictions in the public interest as mentioned in Article 19(2). Reporting troop movement near the Indian border or during war time should be prohibited as that may aid the enemy and cause harm to our armed forces, by compromising national security. However, in my opinion there can be no general prohibition of reporting of all troop movements. As regards the reporting of alleged troop movement by the Indian Express, without going into the question whether the news reporting was factually correct or not, there could not have been a valid prohibition of such reporting, because the troop movement was not at the Indian border or during war time. On the other hand the allegation in the Indian Express report was that there was some convention written or unwritten, that troop movements towards Delhi should not take place without notifying and getting consent of the government, and it was alleged that the troop movement in question took place without notifying the government. The further allegation was that this caused panic among the civil authorities, and the troop movement was abruptly stopped. With great respect to the High Court, I am of the opinion that the order of the High Court is not correct. The Media has a fundamental right under Article 19(1) (a) of the Constitution to make such publication, as it did not endanger national security. Indian Army is not a colonial army, but the army of the Indian people who pay the taxes for the entire defence budget. Hence the people of India have a right to know about army affairs, except where that may compromise national security. The media did an excellent job in exposing the Adarsh and Sukhna scams in which senior army officers were involved, and they were well within their right under Article 19(1) (a) to do so. The Indian Express is not a fly by night newspaper, but a responsible one. They took 11 weeks to complete the investigation of the reported troop investigation before deciding to publish the report. Hence I do not see how they can be faulted. The Press Council of India will be challenging the order of the Allahabad High Court in the Supreme Court of India very shortly. PCI Katju bats for media, to challenge HC ban on troop move reports, stands by responsible Express Written by Kian Ganz | Thursday, 12 April 2012 16:49 | Bar, Bench & Litigation
Katju: Fighting for pressJustice Markandey Katju, chairman of the Press Council of India (PCI), said that the PCI would challenge in the Supreme Court the Allahabad High Courts order directing the government to prevent the media reporting troop movements. Katju also added that that the Indian Express, which had come under fire and faced government denials for its story on army movements near Delhi, could not be faulted for its report. Katju wrote in a press release today: I have perused the order of the Honble Allahabad High Court in writ petition No 2685 dated 10.4.2012. In that order a direction has been given to the Secretary, Home Affairs, and Secretary Information & Broadcasting, Government of India and the Principal Secretary (Home) , Govt. of U.P. to ensure that there is no reporting/ release of any news item by the print as well as electronic media relating to the subject matter, namely the movement of troops as contained in the accompanying annexures. (The news of alleged troop movement towards Delhi published by Indian Express on 4.4.2012). In this connection, I am of the opinion that regarding reporting of troop movement by the Media a balanced approach has to be taken. On the one hand freedom of the media is guaranteed as a fundamental right in Article 19(1) (a) of the Constitution, on the other hand this right is subject to reasonable restrictions in the public interest as mentioned in Article 19(2). Now coming specifically to the question of reporting of movement of troops , I am of the opinion that reporting troop movement near the Indian border or during war time should be prohibited as that may aid the enemy and cause harm to our armed forces, by compromising national security. However, in my opinion there can be no general prohibition of reporting of all troop movements. As regards the reporting of alleged troop movement by the Indian Express, I am of the opinion that without going into the question whether the news reporting was factually correct or not, there could not have been a valid prohibition of such reporting, because the troop movement was not at the Indian border or during war time. On the other hand the allegation in the Indian Express report was that there was some convention written or unwritten, that troop movements towards Delhi should not take place without notifying and getting consent of the government, and it was alleged that the troop movement in question took place without notifying the government. The further allegation was that this caused panic among the civil authorities, and the troop movement was abruptly stopped. The Allahabad High Court order was passed on a writ petition relating to the above publication in the Indian Express. With great respect to the High Court, I am of the opinion that the order of the High Court is not correct. The Media has a fundamental right under Article 19(1) (a) of the Constitution to make such publication, as it did not endanger national security. I may add that the Indian Army is not a colonial army, but the army of the Indian people who pay the taxes for the entire defence budget. Hence the people of India have a right to know about army affairs, except where that may compromise national security. The media did an excellent job in exposing the Adarsh and Sukhna scams in which senior army officers were involved, and they were well within their right under Article 19(1) (a) to do so. The Indian Express is not a fly by night newspaper, but a responsible one. They took 11 weeks to complete the investigation of the reported troop investigation before deciding to publish the report. Hence I do not see how they can be faulted. The Press Council of India will be challenging the order of the Allahabad High Court in the Supreme Court of India very shortly. (Markandey Katju) Chairman, Press Council of India [Tips] " One-Word Approach" to master Indian Polity from M.Laxmikanth (TMH Publication) 1. One word approach to Master Polity 2. Part one: Constitutional framework. 3. Chapter 1: historical background 4. Company rule: The Era of Charters 5. Crown rule: The Era of government of India acts 6. Candidates with Public Administration 7. Candidates without Public Administration 8. Polity is SCORING 9. About the Book 10. Other good books written by M.Laxmikanth Question from a reader I have started reading Indian Polity M Laxmikanth (TMH Publication) for the first time. What I wanted to know is: Is it necessary to remember each act, constitution details and its important features? How to remember so many things, considering we have to read the entire book? For example, I am on the 'Features of the Constitution Chapter' and the details in first chapter i.e Regulation Act 1973, Indian Act 1935, etc.; I don't remember each and everything. I am scared if I am the only one facing this problem and whether we have to remember as we read? One word approach to Master Polity Consider the following statement written by M.Laxmikanth in Chapter-1 of his book. Regulating Act of 1773: It made the governors of Bombay and madras presidencies subordinate to the Gov. General of Bengal, unlike earlier, when the presidencies were independent of one another How to make the statement going your memory? J ust write a word in your books Margin Bengal Boss. You dont even have to write it in English, write it in Gujarati, Hindi, Marathi, your mother tongue. Next time when You're doing revision, this word in help, you recall the entire provision. Thus, you can go through this entire book in a very fast and efficient manner. Bruce Lee had developed a special one-inch punch. Hell move his fist for an inch, and yet opponent will be thrown aside by the force of his punch. Think of the one word (or a word-phrase) that can help you punch off the difficult line in the book. Here's the best part: almost entire Polity book of M.Laxmikanth in written in numbered bullets. Hence, there is plenty of free space in the margin to write down these One Words" . Some candidates also use highlighters or ball pens to mark sentences and words. My opinion (and advice) is that if you want something to go in your long-term memory, you must write something with your own hand. Because when you highlight a sentence, you are still reading the authors word and sentence, not your own. Don't worry if you book starts looking ugly and unappealing because of your scribbling on the margin. You don't have to return this book to the library, you own it; you must make maximum use of it. Same advice for yours books on History, Public Administration. Now back to Indian polity by M.Laxmikanth (Tata Macgrawhills Publication), How to proceed with this book? Part one: Constitutional framework. Chapter 1: historical background This chapter deals with how Constitution or the framework of governance, evolved in India. Company rule: The Era of Charters Dictionary meaning of word Charter =rental agreement; of goods and services. In short, British government gave permission to East India Company to manage the affairs of India for rent i.e. East India Company collects the revenue and sends (a portion) to London. After some time East India Company doesnt stay in its aukaat, becomes too big for its shoes, The British government updates the law to limit the powers of East India Company. 1857, the Sepoy Mutiny. Now British government says we dont want these Commission-agents (East India Company), we're going to run this colony on our own. Theymake a new law, we become a colony of the CROWN Crown rule: The Era of government of India acts In the year 1858, with the British government takes away the power from East India Company and starts running thiscolony. So we have Government of India act, 1858, later in 1861, 92, 1909, 1919, 1935 and finally, 1947. Candidates with Public Administration This chapter is important for public administration (mains) paper two: Indian administration >>Topic#1 Evolution of Indian Administration >>Subtopic Legacy of British rule in politics and Administration. This is a no excuse Chapter. Once in a while you will get static questions from the topic. Learn this chapter by heart. The provisions of each act must be at your fingertips. Candidates without Public Administration How much can you memorize, depends on your interest in polity: but following subtopics of Chapter#1, are essential Must: Regulating act of 1773 Must: Government of India act, 1858, 1909, 1919, 1935 and 1947. (Because Constitution of India evolves from them.) For Charter Act 1833/53, and Indian Council Indias act 1861/92, try to see their most important feature only, rather than trying to mugup all 5-6 points. I don't recall much questions in recent history of UPSC, from these. Polity is SCORING
Indian polity is a scoring topic for both general studies and public administration. It is not vast. It can be covered in a short time. Its syllabus has a definite boundary. It is important for all three stages of the exam:: CSAT, mains+Essay and Interview. It can be mastered by any person from any graduation background. However, if youre going to prepare it with a negative mindset I cant do this. Polity is not my cup of tea. Then of course, you will never master it, because your unconscious mind will not let you master it. Don't force yourself to mug up dates, numbers and names beyond a level, and youll do just fine in Polity. About the Book
Indian polity by the M.Laxmikanth (Tata Macgrawhills Publication) is a book loved by IAS toppers and losers alike. Other books on Indian polity: D.D.Basu, Subhash Kashyap, P.M.Bakshi or M.V.Paylee. Almost All of them write in paragraphs," from academic point of view. They assume you already know plenty about Polity, hence dont care much to explain basic terms. M.Laxmikanth directly hits the bulls eye. He doesnt write lengthy paragraphs. He gives a lot of subheadings and provides provisions, features, in numbered bullets 1,2,3,4,5 and He uses small sentences and words in such a way, even a 10 th standard kid can understand it. So If you hate Polity, the most probable reason is you started with D.D.Basu directly and did not go through M.Laxmikanth. [Polity] It is Union Government not Central Government Question by a Reader In one of your articles you have written that the term Central Government is incorrect and Union Govt should be used. Can you please tell me the reason, as often Schemes are titled as Centrally Sponsored and in polity we read about Centre-State relationships not Union-State Relationships. Answer: Quasi-federal structure of our polity. India is a Union of States. Constitution of India uses the word Union Government and State Government It talks about the distribution of power between the Union Government and the State Government. It provides for Central Union List, State List and Concurrent list. It provides for Central Union Public Service Commission and State Public service Commission Official Government site of Agriculture ministry mentions Sharad Pawar is Honble Union minister of Agriculture (Not Honble Central Minister of Agriculture). Saying Centre would mean others are peripheral chillar party, Its not the case. State Governments have their own authority, jurisdiction and status derived from the Constitution. Same way Dalit it not the official word in Constitution, it is Scheduled Castes.
Some old professors and interview panelists are very peculiar about choice of words, and get irritated pretty quickly over such minute issues, so one should be careful. Ofcourse these words are so commonly used, we dont say Unionly Sponsered schemes :) But When you keep saying Central Government Central Government everywhere in your answer during the interview, They pick up a negative impression that youre not well versed in the Constitution or the concept of Federalism =just another amateur player. (-Tip given by a retired IAS officer in a UPSC prep-seminar in Ahmedabad). Thats why I was cautioning the readers. [Polity] Difference Between CPI, CPM and other Communist Parties of India What is the ideological difference between CPI and CPM? or isnt there any difference? The Split of CPI, CPM CPI=Communist Party of India, CPM =Communist Party of India (Marxist) Official reason: After the Sino-India war of 1962, The Pro- Chinese members of CPI, walked out to form their own party CPI (Marxist) due to the ideological differences with the parent organization. In terms of Seats won in Lok Sabha and Rajya Sabha and State assembly elections, CPM is stronger party than CPI. Other Differences CPI CPM (Marxist) Leaders A.B.Bardhan D.Raja Prakash & Brinda Karat Sitaram Yechuri Buddhadeb Bhattachrya (Ex-CM of Bengal) Election Symbol Sickle and a cob of Wheat Hammer, Sickle and Star. Ideology National Democracy Joint Leadership of Working class+ Bourgeoisie Peoples Democracy: Leadership of Working class only. Power (Becoming Ministers) Dont mind becoming part of Government run by other coalition partners (Congress et al). Dont want to be part of any Government unless we enjoy majority in parliament/SLA. CPI (Marxist and Leninist) Formed in 1969 Leaders: Kanu Sanyal, Charu-Majmudaar. Responsible for the Naxalite movement of 70s. Later after splits and mergers among different groups: it became PWG (Peoples War group). CPI (Maoist) Founded in 2004, After merger of PWG with MCC (Maoist Communist Centre of India) Leader: Muppala Lakshmana Rao (Ganapati) It aims to overthrow Government of India via violent means. It is a banned organization under Unlawful activities prevention act. Situation in Kerala LDF (Left Democratic Front) It is the coalition of CPI, CPM and other leftist parties in Kerala. (J ust like UPA at Centre). VS Achyutanand was their leader and CM. UDF (United Democratic Front) Coalition of Congress, Indian Union muslim league et al It defeated LDF in 2011 Kerala State assembly elections, and Oman Chandy of Congress became the new CM of Kerala.
[Polity] Election Commission: Some GK some Issues Elections: Some GK Security deposit for state assembly : Gen category 10000/-, SC/ST=5,000/- For President /VP election :15,000/- If the defeated candidate fails to secure more than one sixth of the valid votes polled in the constituency will lose his security deposit. If a person is convicted of any offense and sentenced to an imprisonment of 2 years or more, this will be disqualification to contest elections. No person shall vote at any election if he is confined in a prison Person cannot contest from more than two constituencies for a Lok Sabha election. Limits on election expenditure : Parliament 40 lakhs (earlier 25), State assembly 16 lakhs (earlier 10) If there are more than 64 candidates, you cannot use Electronic voting machine due to technical limitations. Issues: One candidate contesting on two seats: There have been several cases where a person contests election from two constituencies, and wins from both. In such a situation he vacates the seat in one of the two constituencies. The consequence is that a bye-election would be required from one constituency involving avoidable labour and expenditure on the conduct of that bye-election. Law should be amended to provide that a person cannot contest from more than one constituency. GOVERNMENT SPONSORED ADVERTISEMENTS on the eve of election, the Central and various State Governments embark on advertisement spree in the guise of providing information to the public. There is also the practice of putting up banners and hoardings in public places, depicting achievements of governments. The expenditure on such advertisements is obviously incurred from the public exchequer. It is common knowledge that the advertisements are released with an eye on the elections, to influence the electors. Paid News aka SURROGATE ADVERTISEMENTS IN PRINT MEDIA Certain media houses give repeated news, elaborate details about certain candidates, along with their individual photographs, election speeches and rallies: all because of financial motives. (famous case: Ashok Chavan) Exit Polls First time in 2009 parliament election, EC banned opinion polls during the 48 hours before the end of the poll in case of a single- phase election. In case of a multi-phase election, there is a blanket ban on exit polls till the last round of polling is over. Publishing the result of opinion poll on the earlier phases, will have the potential to influence the voting pattern in the subsequent phases. Similarly, the opinion polls, which are conducted during the run- up to the poll, are also likely to influence the minds of the electors. USE OF COMMON ELECTORAL ROLLS AT ELECTIONS CONDUCTED BY THE ELECTION COMMISSION AND THE STATE ELECTION COMMISSIONS Many times, confusion among the electors because their names may be present in one roll but absent in the other, or vice versa, but also results in duplication of effort and expenditure. In almost all the cases, the same machinery at the field level is entrusted the job of preparing and revising rolls for both types of elections. Hence same electoral rolls should be used in both cases. REGISTRATION OF POLITICAL PARTIES More than 650 parties are presently registered with the Election Commission, out of which only 150 or so contested in the general elections of 1998. Since the lay public is not aware as to how easy it is to get a political party registered with the Election Commission, probably, the motivation for the non-serious parties to get registered is to give some sort of a distorted aura of their status and standing in their localities, particularly in rural and mofussil areas. Negative voting, right to recall etc require a different article altogether. [Polity Q] Duration of Presidents rule: 1 year or 3 years? Question. plz let me knw tht under article 356 presidents rule once approved it continues for 6 mnths.bt in one of the other books it shows as 1 year.actly acc to 44th amen act it continues for 1yr.and at the same time do it can be extended for a max perd of 3 years or 1yr.in laxm it is 3 yrs and wen i serchd on net its 1yr. Ans. In normal circumstances, it can be extended only upto 1 year. However parliament can also extend it upto three years provided that 1.National emergency under 352 is also running simultaneously. 2.Election Commission certifies that it is difficult to hold general state legislative assembly elections at the moment. [Essay Points] Electoral Reforms here are some more electoral reforms needed in our nation. To decrease the cacophony :
1. Anybody who is not in top 2 in any election (LS, VS, Municipal, Gram Panchayat, etc) should be barred from contesting any election from anywhere in India for the next 3 years.
2. Any MP/MLA/Corporator who resigns (either verbally or in paper) should be immediately discharged from duty. Appearance on TV uttering the words i am resigning or equivalent should be considered valid resignation unless (s)he proves otherwise within 2 days. this will reduce the blackmailing tactics. And a resignee will be barred from contesting any election anywhere in India for 3 years.
3. Attendance in LS/RS/VS/Municipality should be 75% compulsory else the candidate should be invalid for next 3 elections or 8 years whichever is maximum. walkout from the parliament is considered equivalent to absence.
4. Anybody who wins confidence vote is eligible for a minimum of 2 years of validity. The govt can be sacked only by impeachment (or equivalently difficult process in case of VS) in this 2 year duration. And any such impeachment process must be initiated by the leader of opposition.
5. finally a suggestion from swaminomics any litigation against a legislator must be heard on priority basis. And a convicted legislator must be punished twice the punishment for normal citizens. [Polity] Devolution, Del egation,Decentralization & Deconcentration Decentralization it has Administrative -political-legal nature. for example State Govt. transferring the power to Panchayats. Legal (because Constitution provides for it) Political (empowerment of people @ grassroots) Administrative (reduce work burden of field officers.) Deconcentration has Administrative angle only. Maintaining Law and order is state Govt.s responsibility but CM or Chief Secretary or Divisional Commissioner cant himself petrol around everywhere. So this work is transferred to District collector. (and he maintains it using the police force given to him.) so, When State Govt. gives powers to district collector for better Administrative reasons this is Deconcentration. Devolution in the fedaral structure, States are given their own powers over which theyve complete authority, for example maintaining Law and order. Centre cant send CBI everywhere as and when & where it pleases, first it needs the permission of State Govt. to investigate the matter. This is devolution of powers. this is in political nature and its very hard to take way this power. (Except by modifying the Constitution but taking away the federal structure means youll kill the basic structure =Supreme Court wont allow it. Thus its impossible.) Delegation Suppose a police inspector collects bribe from entire district, but hes tired so he distributes the work amongs his sub-inspectors. This is delegation. the power can be taken away any time, (like when sub-inspectors are not giving him every Rupee collected or if he is in bad mood!) so in Delegation the power can be taken away very easily.
now you might wonder then Devolution vs Decentralization. its easier to take away powers in Decentralization compared to devolution. Devolution is more powerful and make the recipient autonomous. More Autonomous in the sense, if Tehsildar goes to village then Sarpanch are going to do yes sir yes sir while if a Minister of State from Centre Govt. goes to visit the state, then Chief Minister wont fall into his feet & say yes sir yes sir, because CM is the autonomous & powerful guy. for example as a Chief minister you can easily get any Gram Panchayat dissolved and call for new election after 6 months but its not that easy for a PM to get the state legislative dissolved / order Presidential rule in any state that easily. (Thanks to SCs directions.) [these things are done via President/Governer's order but you should know PM/CM & Cabinet has the real decision making power. and itsmerely carried out in the name of President /Governer]
whats difference in Delegation and Deconcentration deconcentration is systematic method to improve efficiency & is done via GR (Govt. resolution) etc. While delegation is for quick emergency solutions / for individual cases it may or may not have written orders Deconcentration is uniform in the sense suppose if you gave power to one DC then youve to give that power to All DCs in the state. its quick to take away the power, it all depends on mood of boss, while in case of Deconcentration its not that easy.
A comparative table
[Polity] CBI/ NCW etc Independent offices? Q. i have a clarificatory question in the government website http://goidirectory.nic.in/exe.htm they have listed almost 19 independent offices like CBI, NCW, etc.. while the list you compiled through yearbook has less.. this is just a technical difference or? Ans. CBI is theoritcally Independent as it derives its powers from Delhi Special Police Estabilishment act 1946 otherwise CBI is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension which reports to PM. regarding Finance Commission +CAG +UPSC +Election Commission theyre Independent Commissions provided by the Constitution of india. (theyre Constitutional offices) regarding TRAI =its independent regulator =Administrative adjudication (i.e. it works like a court but doesnt fall under the judiciarys direct control like SCs control over HC) and its not under direct control of Executive either. so its Independent Unique ID and planning Commission were made by Executive (i.e. the PM) for the convenience in work but they dont answer to any ministry thus Independent. CVC & CIC get its powers from laws made in 2003 & 2005 respectively, so its a statutory office and they dont answer to any ministry so theyre also Independent. [Role of Media] Are they playing it right? & their role in National integration Your views and counter views are very welcome and kindly requested The Media Im referring to is not The Hindu / Indian Express etc but the media that reaches to the masses, e.g Vernacular Press, Aaj Tak, Star News, Zee News etc. 1 st of all: what is / should be the role of media? the media has a moral duty that goes beyond the routine displaying facts and interviewing people and doing sms polls. The Moral duty is Exposing corruption / inefficiency of Govt. asking questions, gathering public opinion. Exposing the ill-practices in o Religion: witch doctors, solar eclipse, child illness etc. o society: female infanticide, dowry, caste violence, rural / poor peoples problem, Maoists. National integration by covering all problems from each part of the country. Educating people about the matters of international / scientific / medical importance. Cherishing the achievements of o Honest citizens/officers (and politicians, if any) / social workers / o inventors/scientists/etc. o Sportsmen and women (other than cricketers) o Army men living in harsh weather conditions of borders. *please add your list in this*
Now lets see what media is doing nowadays>> End of the World Before going to this topic, a flashback- Previously there was Large Headron Collider, and the media predicted the end of the World. And instead of directly giving the mission details, theyd sensationalize everything like <insert danger sounding loud background music, red flashing text> Kya ye Maut ki machine hai? ( ?) [is it the machine of death?] Kya hoga Dharti ka aant issse ( ?) [will it cause the end of the world ?] **Add some more poetic verses to attract and scare people**
Now after giving an introduction like this, their host starts talking, and the exact details and purpose of the entire Headron mission will be given at the end of the program (only for 5 minutes) but for the rest 25 minutes, theyll talk in detail about all the negative things and possibilities regarding the mission.
Result of that Headron coverage 1. One man died of heart attack watching the it 2. Another teen girl committed suicide thinking this was going to end the world 3. Masses run to holy rivers, holy temples and holy priests: offer prayer, rituals, donations This time, money and work hours could have been used in something more productive.
Fast forward to the new toy : Mayan Calendar ,2012 Past few weeks, the media anchors got a new toy to play with, known as Mayan Calendar which predicts the end of the world in 2012 by some sort of giant meteorite collision. Again insert those red flashing texts here, and the trailer clips from the movie 2012.
Theyll add the issue of Glaciar melting and rise in ocean level to it- again flash the facts like how much sq.km of glaciar was lost (theyll flash it for 10 minutes but wont talk for the reasons and steps a common Indian man should take to prevent it.) Possible Result of 2012s Coverage 1. Refer point #3 of previous headron coverages result =money making business for priests and holymen. 2. No one has died in heart attack / suicide due to fear of 2012 yet but I see it coming soon. Terrorism Some news channels (like Aaj Tak) spend 70% of their time showing Taliban and drone attack and paki bomb blast coverage. And if Union Govt. issues some terror alert to states (which they do every 3 rd day) or if Govt. beefs of security of something (nuke station / airport) [which again they do every 4 th day] then its Christmas time for the news channels : covering it 24/7 until they get some other thing to sensationalize. Now you might say that its good because then people would keep an eye on the suspicious activities, things and people around them when Govt. has alerted them on possible terror strike- but are we Indians so immature that we need nagging about it every 3 rd day? +so much terrorism coverage makes It look like India is very vulnerable to terrorists and its unsafe to live in India. (If you were a foreign tourist/ businessman watching these terror sensationalizing news would you come to India?) Im not saying that we shouldnt cover it but there is no reason why media should be talking about it 70% time of our day. David Headly / Rana Another routine feature nowadays, media spending almost 70% of their time on this duo. Their connection with Bollywood, their stay in different cities of India, their involvement in 26/11 its important news but I dont think they deserve so much of news air- time, when there are other important issues at hand. Like there is nothing else happening in india and the world -worth talking about.
7 th Dossier & Self Esteem Yesterday Govt. of india gave 7 th dossier regarding terror evidences of 9/11. Reminds me of the schooldays when some class bully keeps teasing and beating you , you complaint to teacher and no action is taken. On one hand the same ministers say pakis are not acting on the evidences provided by them and on the other hand they give more evidences. 1. When we are certain nothing is going to happen then why sell off our self esteem with every dossier to pakis? 2. Why a Real man (which india is) should expect justice from a eunuch (which Pakistan was, is and shall remain forever). But this again is a non-issue for media.
1 year to 26/11 and Kasab is not hanged yet! We should let the law take its course. i.e if verdict goes against Kasab, let him appeal in High Court then Supreme Court and finally Mercy petition to President (if Kasab takes one year to justice- even after having a special court for him, how much time a common mans case will take in a common court?) More than a hundred witnesses have to be examined and thousands of pages worth chargesheets is to be read so it takes time. Now in this case o if one witness proves he killed people- Maximum punishment he can get is death. o if 100 witness prove he killed people- Maximum punishment he can still get is death. o So why waste everyone time? If we immediately hang him we wouldnt be able to extract more info from him First the involvement of pakis in 26/11 must be exposed via him and pakis must be humiliated for it. Now my question : Expose and Humi liate pakis in front of whom? 1. America / EU / Western World 1. You think they dont know about it already? 2. you think theyll stop giving aid /visa to Pakis? 2. Indians (show me an Indian that thinks pakis are not involved ) 3. many poor people in the distant rural parts of India who have no access to TV/ newspapers, they might even not know whos kasab? What is difference between PM / CM / President /Governer? .. but in that case we are humiliating ourselves for failure to improve their lives. Im not saying hang kasab next minute. (Perhaps he can give more info on David Headly issue) but atleast media shouldnt go mute on it. But this again is a non-issue for media. Sports Coverage Glorifying our sportsmen (other than crickers) There arent many opportunities for sportsmen and women in hockey, football, chess, badminton, billiards, swimming, atheletics, boxing, wrestling etc: to earn lot money, compared to opportunities available to the cricketers. But theyveRIGHT TO EARN OUR RESPECT, FAME AND RECOGNITION, which can only be secured by the media. But in reality, for the media- Saina Nehwal or Vijindar Singh arent worth giving even half hour coverage. Yesterday: Sri Lankas 591 Runs Media got a refreshing change from the routine 2012 / Taliban coverage when our cricketers gave them a new issue : 591 Runs by Sri Lanka in Motera Stadiums Test match and how our players were white washed by them. So expect those 30 minutes coverage every 2 nd hour for next few days till something new comes. Positive side if youre a non-cricket sportsman then you wouldnt get 2 hours criticism every day in case you fail in some game (unlike the cricketers) hence you wouldnt get Demoralized or demotivated from your failure. International events Obamas Tibet belongs to China Comment Obama went to China (& pleased Hu J intao by saying Tibet belongs to China) , Obama hasnt come to india & said Kashmir Belongs to India (to please Manmohan Singh) Obama went to China but did not come to Delhi (which is just a half hours ride for his superfast air-force one from China!) Instead Manmohan Singh is going to Washinton next week to meet him. this shows that either o India isnt that important or powerful/hard nation that the President of United States should pay a visit to it. (are we a soft state?) o India cant play mind games and ransom tactics like Chinese but acts like an obedient employee and would oblige to all Climate change / economy issues unlike China. o Obama thinks that since we are purchasing nuke material from them / or that they already have done us the favor by getting us through N.S.G. hence we dont deserve much attention right now but I guess this is a non-important issue for media. there is nothing to sensationalize in this news so media isnt covering it. (and our media men lack the knowledge of foreign policy beyond Pakistan / Taliban , to talk anything really meaningful on this.)
G8-WTO-Climate Change What was the last time did you see any decent coverage of it by our media, Thatd inform a common man about the positive and negative aspects of them with out going in to technical jargon and statistical graphs? Kids falling in bore-well Thieves steal the lids of borewells, or Govt. forgets to put lids on the first place. In either case some poor Kid falls in it, gets 24/7 media attention until he is rescued or declared dead. What was the last time you saw a media man doing coverage of other lid-less bore wells after the episode was over? What was the last time when a media man tried to investigate find where all those lids go?
National integration & Role of media Crime If someone is robbed, committed suicide or killed in accident in Delhi- its shown in headlines. Media is addicted to sensational crime reporting, but the crimes happened in other states/ places will find place only in their special crime reporter program- but rarely in the headlines Naxal / Maoists Their attacks are rarely reported for more than 2-5 minutes. (except the last hijack of Rajdhani Express but then there was no follow up- media stopped covering it from on 3 rd day.) Result 1. The news are heavily biased covering more about things important for urban centres. 2. The problem of poor states rarely finds coverage. (except Madhu Koda but now they forgot him because weve got David Headly.) 3. The people of North / West states are uninformed of the problems of other areas (South/NE./Red corridor) 4. The people of Southern / North Eastern states wont watch these news channels (as they see no coverage of their areas) and would see their own regional channels =they also remain uninformed of the problems of North / West India.
this in turn creates a passive psychological unawareness lack of sensitivity of the urban people that their problems (of the poor states) are not our problems. Anything good or bad happening in South India or North East India is again not our concern=harm to national integration. . +Christmas Time for politicians because their failure to curb insurgency/maoists is not exposed by media.
Rural / Urban integration Drinking water/ sewage/ traffic problems of cities would get more attention by media men. The problem of rural people that rarely find coverage in media- 1. payment of NREGA Wages (Airlines strikes is more imp.) 2. education absenteeism of teachers (rise in fees in Delhis Posh schools / admission problems are more imp.) 3. medical facilities (Seasonal Dengue coverage in Delhi is more imp than the 2 Lakh people dying from TB in rural areas every year.) 4. identification of beneficiaries / BPL list (scandals of plot allotment in Delhi Housing board is more imp.)
again this creates a barrier in rural / urban integration because people on each side would think that the problems of other side are not important. +Christmas Time for politicians because their failure to bring change in rural areas is not exposed by media.
Besides too much coverage of terrorism (urban Indias problem) and too less coverage of Maoist (rural /tribal Indias problem) =harm to integration.
The counter argument to all this 1. if you dont like news turn of the tv 2. if you feel there is so much wrong in Indian media start your own TV channel 3. the national integration is politicians responsibility. 4. Media shows what people want to see. If they start showing boring things, theyll lose advertisement revenue.
Conclusion:- Media shows the things people want to see. (the kids always want to play games and avoid school- but its the responsibility of the parents to send them to school get them educated.) hence media should never forget their moral duty of educating the people rather than entertaining (and scaring) them. [Polity] Language in Parliament Lok Sabha Speaker Meira Kumar Saturday said she is having a look at the request of DMK ministers to answer questions in parliament in Tamil. Chemicals and Fertilisers Minister M.K. Azhagiri had said in Chennai last week that DMK ministers and MPs had requested parliament authorities to allow them to raise and answer questions in Tamil. The request is before me. Im having a look at it, the speaker told reporters here. Citing precedents, senior Lok Sabha official s said that the ministers should answer the questions either in English or Hindi as the files containing the answers to questions are written in English and Hindi. The MPs, however, could ask questions and make speeches in their regional languages, AIADMK chief J . J ayalalithaa had supported Azhagiris request that the Lok Sabha secretariat should extend an interpreter service to him to answer the queries of MPs in Tamil. She said ministers who do not know Hindi and English would remain mute spectators if an interpretation service was not provided. [Polity] Pocket Veto The constitution gives the President the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the Parliament sends back the bill with or without changes, the President is duty bound to sign it. However, deliberately or inadvertently, theconstitution does not set a ti me-limit in which the President is obliged to approve the bill, so they may withhold assent indefinitely. This has come to be known in legal and constitutional circles as the Pocket Veto, and has been used on a number of occasions against controversial Bills. Use in India In the mid-1980s, President Zail Singh withheld assent to a Bill passed by Parliament that gave sweeping powers to the State to intercept mail. This was considered by the President to be an encroachment on citizens freedom of speech and liberty as guaranteed by the Constitution. In early 1990, President Venkataraman withheld assent to a Bill passed by the outgoing Parliament that gave pension benefits to themselves. This was interpreted by the President to be self- aggrandisement. [Polity] Human rights What are Human Rights? Human Rights are moral claims which are inalienable and inherent to all individuals by virtue of their being humans alone. History Throughout history, there has been a conflict between ruling elite and ruled. e.g. Magna Carta-England 1215. French Declaration of Rights of Man and of Citizen-1789. American Bill of Rights. Since First World War, League of Nations took some initiative. ILO was created in 1919. International Slavery Convention was signed in 1926 But during 1920s and 30s massive abuse of human life and dignity based on race, religion and nationality were there. UNO was established after World War II. Art I of UN Charter: To achieve international co-operation in promoting and encouraging respect for human rights and for fundamental freedom for all without distinction as to race, sex, language or religion. Universal Declaration of Human Rights General Assembly of United Nations adopted and proclaimed Universal Declaration of Human Rights on December 10, 1948. Art 1: All human beings are born free and equal in dignity and rights. Art 2: Everyone is entitled to all rights and freedoms set forth in this declaration without distinction of any kind such as race, colour, sex, language, religion, nation, property, birth or other status. Art 3: Everyone has right to life, liberty and security of person. Art 4: Slavery and slave trade is prohibited. Art 5: No one shall be subject to torture. Art 7: All are equal before law and are entitled to equal protection of law. Art 9: No one shall be subject to arbitrary arrest, detention or exile. Art 15: Everyone has right to a nationality. Art 18: Freedom of thought, conscience & religion. Art 23: Right to work. Art 26: Right to education. Indian Constitution and Human Rights Art 13: Boldly declares that all laws in so far they are inconsistent with Fundamental Rights, be void, to extent of inconsistency, and further State shall not make any law which takes away or abridges these rights and any law made in contravention, shall be void. Art 14: Secures equality before law to all persons. Art 15: Prohibits discrimination among citizens on ground of religion, race, caste, sex or place of birth. Art 16: Ensures equal opportunity to them in matters of public employment. Art 19: Assures freedom of speech and expression, right to assemble peacefully and without arms; to form association and unions; to move freely throughout territory of India; to reside and settle in any part of country, trade and business etc. Art 21: Guarantees equal protection of law and prohibits deprivation of life and personal liberty. Art 23: Prohibits traffic in human beings and forced labour. Art 24: Prohibits child labour. Art 25-30: Assures freedom of conscience and right to manage religious institutions; as well as makes provisions for protection of minorities and their places of worship and educational institutions. Directive Principles of State Policy (DPSP) provides for a lot of social and economic benefits for citizens to be attained in future. In addition to these, there are several laws of a reformative character like Employees State Insurance Acts, Dowry (Prohibition) Act, Bonded Labour (Abolition) Act, Minimum Wages Act, Workmen Compensation Act, Protection of Civil Rights Act, Environmental Protection Act, etc. which try to ensure safety and security against various evils.
National Human Rights Commission In keeping with spirit of human rights movement all over world, National Human Rights Commission (NHRC) came into existence in India through an Ordinance promulgated on 28th September 1993 by President of India. However, soon Ordinance was replaced by a statute called Protection of Human Rights Act, 1993 which came into force in 1994. This Act provides for setting up NHRC at Centre as well as one Commission each at State level. National Human Rights Commission is designed to protect human rights, defined as rights relating to life, liberty, equality and dignity of individual guaranteed by Constitution or embodied in International covenant and which are enforceable by Courts in India (Protection of Human Rights Act, 1993). Composition NHRC consists of a Chairperson and four members, all of them being full-time members. Apart from these full-time members, Commission also has its deemed members as Chairpersons of National Commission for Minorities, National Commission for SCs & STs and National Commission for Women. multi-membership is intended to reinforce independence and impartiality of Commission. Of five members including Chairperson, three are to possess high level judicial background and remaining must have knowledge of or practical experience in matters relating to Human Rights. Chairperson must be no less than a former Chief J ustice of India. Functions It can intervene in any legal proceedings involving an allegation of violation of Human Rights. It can also, visit, with prior approval of State Government, any jail to study living conditions of inmates and make recommendations. It can review safeguards provided by or under Constitution or any law for protection of Human Rights and recommend measures for their effective implementation. Commission also reviews factors, including acts of terrorism, that inhibit enjoyment of Human Rights and recommends remedial measures. It also undertakes and promotes research in field of Human Rights. Finally, it encourages NGOs working in field of Human Rights. Autonomy of Commission autonomy of Commission is derived from method of appointment of its members, their fixity of tenure, and statutory guarantees. Chairperson and members of Commission are appointed by President on basis of recommendations of a committee comprising Prime Minister as chairperson, Speaker of Lok Sabha, Home Minister, leaders of Opposition in LS and RS and Dy. Chairperson of RS as members. Working of Commission Commission has all powers of a Civil Court. It has its own investigating staff for investigation into complaints of Human Rights violations. It is open to Commission to utilise services of any officer or investigation agency of Central Government or any State Government. Commission while inquiring into complaints of violations of human rights may call for information or report from Central Government or any State-Government, or any other authority or organisation subordinate thereto within such time as may be specified by it. Commission may take any of following steps upon completion of an enquiry: 1. Where enquiry discloses Commission of violation of Human Rights or negligence in prevention of violation of Human Rights by a public servant, it may recommend to concerned Government or authority initiation of proceedings for prosecution or such other function. 2. Approach SC or HC concerned for such directions, orders, or writs as that court may deem necessary. 3. Recommend to concerned Government or authority for grant of such immediate interim relief to victim or members of his family. authority or State Government or Some of Programmes and Human Rights issues taken up by Commission include: Review of Child Marriage Restraint Act, 1929 Protocols to Convention on Rights of Child Preventing Employment of Children by Government Servants: Amendment of Service Rules Abolition of Child Labour Guidebook for Media on Sexual Violence against Children Trafficking in Women and Children : Manual for J udiciary for Gender Sensitization Sensitization Program on Prevention of Sex Tourism and Trafficking Maternal Anaemia and Human Rights Rehabilitation of Destitute Women in Vrindavan Combating Sexual Harassment of Women at Work Place Harassment of Women Passengers in Trains Abolition of Manual Scavenging Dalits issues including atrocities perpetrated on them Problems faced by Denotified and Nomadic Tribes Rights of Disabled Right to Health . HIV/AIDS Central Government to whom Commission recommends for action has to indicate its comments/ action taken on report/recommendations of Commission within a period of one month in respect of general complaints and within a period of three months in respect of complaints relating to Armed Forces. [Polity] Constitutional body vs statutory body. From a question asked in IO forum Please tell me the basic difference between a Constitutional body and a Statutory body? I got confused from this case:- Panchayati Raj bodies were created after amending the constitution and Central Administrative Tribunal was also created after amending the constitution but former is a constitutional body whereas other is a statutory body.Both were created after amending the consitution, both have origin from a constitutional article and both were implemented by an act of Parliament, so why they have different nomenclature? My answer:- A statutory body can simply be abolished by an act of the parliament with simple majority. Parliament could get tired of them and get rid of them easily. e.g. CAT,CVC,CIC. Constitutional authorities, on the other hand, are written into the Constitution of a nation and cant be abolished without amending that part of the Constitution which sometimes also requires consent of the states. And also can be invalidated by the Supreme court. e.g. EC,CAG,SC/ST Commission. Immunities gi ven to Constitutional bodies 1. they can be removed : onl y on proved mi sbehavior. and its the Supreme court that Decided whether they misbehaved or not. =their office doesnt depend on the ruling partys majority in the Parliament. 2. their salary, powers and rights are mentioned in the Constitution itself-and parliament cant reduce it once theyre appointed. Its charged on the Consolidated Fund of India =Parliament cant vote on It during budget. (however the salary can be reduced if President declares a financial emergency.) and if parliament wants to do this- then they need to amend the Constitution. and Supreme Court has power to invalidate it, if found inconsistent with the basic principles/Structure. Such immunities are not enjoyed by Statutory bodies. the main difference we can say is the Word may and Shall CAT 323A. (1) Parliament may, by law, pr ovide for the Administrative adjudication or trial by administrative tribunals of tribunals. so following this May parliament made an Act to provide for CAT hence its statutory. there is no Constitutional obligation on the parliament / Central Govt. to make a law to appoint CAT etc. so-their office can simply be abolished by an act of the parliament with simple majority and Supreme court cant repeal it because of the discretion given to parliament regarding this part. Panchayati Raj ( Constitutional body) on the other hand for for Panchayati Raj (for Constitutional body)
as 243B. (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. the shall means it must be formed doesnt depend on the mood and majority of the parliament /states.here its the Constitutional obligation on the Govt. form Panchayati Raj bodies. if State Govt. obstructs it- then it amounts to state Govt. unable to carry out business as per provisions of Constitution=Presidents rule can be declared. other Shalls in the Constitution (Constitutional bodies) CAG ( Constitutional body) 148. (1) There shall be a Comptroller and Auditor- General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
EC( Constitutional body) 324. (1) The superintendence, direction and contro of the preparation of the electoral rolls for, and th conduct of, all elections to Parliament and to th Legislature of every State and of elections to the office of President and Vice-President held under thi Constitution shall be vested in a Commission. (referred to in this Constitution as the Election Commission). Constitutional Reforms in British India (Study note for GS History, Public Administrati on ) Regulating Act, 1773: End of Dual govt. Governor of Bengal to be the Governor General of British territories of India. Establishment of Supreme Court in Calcutta. Pitts Act of 1784: gave the British Government a measure of control over the companys affairs. company became a subordinate department of the State. Act of 1786: Governor General given the power to over-ride the Council and was made the Commander-in-chief also. Charter Act of 1793: Company given monopoly of trade for 20 more years. laid the foundation of govt. by written laws, interpreted by courts. Charter Act of 1813: Company deprived of its trade monopoly in India except in tea and trade with China. Charter Act of 1833: End of Companys monopoly even in tea and trade with China. Company was asked to close its business at the earliest. Governor General of Bengal to be Governor General of India (1st Governor General of India was Lord William Bentinck). Charter Act of 1853: The Act renewed the powers of the Company and allowed it to retain the possession of Indian territories in trust of the British crown. Recruitment to Civil Services was based on open annual competition examination (excluding Indians). Government of India Act, 1858: Rule of Company in India ended and that of the Crown began. A post of Secretary of State (a member of the British cabinet) for India created. o He was to exercise the powers of the Crown. o Secretary of State governed India through the Governor General. Governor General received the title of Viceroy. He represented Secretary of State and was assisted by an Executive Council, which consisted of high officials of the Govt. Indian Council Act, 1861: The Executive Council was now to be called Central Legislative Council. Indian Council Act, 1892: Indians found their way in the Provincial Legislative Councils. Indian Council Act, 1909 or Morley-Minto Act: It envisaged a separate electorate for Muslims. Government of India Act, 1919 Or Montague-Chelmsford Reforms: Dyarchy system introduced in the provinces. The Provincial subjects of administration were to be divided into 2 categories: 1. Transferred 1. administrated by the Governor with the aid of ministers responsible to the Legislative Council 2. Reserved 1. The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature. Indian legislature became bicameral for the first time, it actually happened after 1935 Act. Government of India Act, 1935: Provided for the establishment of All-India Federation consisting of o British Provinces o Princely States. The joining of Princely States was voluntary and as a result the federation did not come into existence. Dyarchy was introduced at the Centre (Eg, Department of Foreign Affairs and Defence were reserved for the Governor General). Provincial autonomy replaced Dyarchy in provinces. They were granted separate legal identidy. Burma (now Myanmar) separated from India. This is Very Important topic for 1. General Studies Prelims +Mains (History Section ) 2. Public Administration (Evolution of Indian Administration , Union Govt.) Prelims+Mains