Indian Polity Notes for Civils
November 28, 2016 | Author: Gurmeet | Category: N/A
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Indian Polity 1 Mrunal
Constitutional Reforms in British India (Study note for GS History, Public Administration ) Regulating Act, 1773: •
End of ual !o"t#
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Go"ernor of Ben!al to be the Go"ernor $ General of British territories of India#
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Establishment of Su%reme Court in Calcutta# Pitts Act of 1784:
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!a"e the British Go"ernment a measure of control o"er the com%any&s affairs#
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com%any became a subordinate de%artment of the State# Act of 1786:
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Go"ernor General !i"en the %o'er to o"erride the Council and 'as made the Commanderinchief also# Charter Act of 1793:
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Com%any !i"en mono%oly of trade for * more years#
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laid the foundation of !o"t# by 'ritten la's, inter%reted by courts# Charter Act of 1813:
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Com%any de%ri"ed of its trade mono%oly in India e+ce%t in tea and trade 'ith China# Charter Act of 1833:
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End of Com%any&s mono%oly e"en in tea and trade 'ith China#
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Com%any 'as ased to close its business at the earliest#
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Go"ernor General of Ben!al to be Go"ernor General of India
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(-st Go"ernor General of India 'as .ord /illiam Bentinc)# Charter Act of 1853:
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0he Act rene'ed the %o'ers of the Com%any and allo'ed it to retain the %ossession of Indian territories in trust of the British cro'n# Recruitment to Ci"il Ser"ices 'as based on o%en annual com%etition e+amination (e+cludin! Indians)# Governent of !n"ia Act, 1858:
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Rule of Com%any in India ended and that of the Cro'n be!an#
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A %ost of Secretary of State (a member of the British cabinet) for India created#
Indian Polity 2 Mrunal
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He 'as to e+ercise the %o'ers of the Cro'n#
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Secretary of State !o"erned India throu!h the Go"ernor General#
Go"ernor General recei"ed the title of 1iceroy# He re%resented Secretary of State and 'as assisted by an E+ecuti"e Council, 'hich consisted of hi!h officials of the Go"t# !n"ian Council Act, 1861:
0he E+ecuti"e Council 'as no' to be called Central .e!islati"e Council# !n"ian Council Act, 189#: Indians found their 'ay in the Pro"incial .e!islati"e Councils# !n"ian Council Act, 19$9 or %orle&'%into Act: It en"isa!ed a se%arate electorate for 2uslims# Governent of !n"ia Act, 1919 (r %ontague'Chelsfor" Refors: •
yarchy system introduced in the %ro"inces#
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0he Pro"incial sub3ects of administration 'ere to be di"ided into cate!ories4 -#
0ransferred -#
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Reser"ed -#
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administrated by the Go"ernor 'ith the aid of ministers res%onsible to the .e!islati"e Council
0he Go"ernor and the E+ecuti"e Council 'ere to administer the reser"ed sub3ects 'ithout any res%onsibility to the le!islature#
Indian le!islature became bicameral for the first time, it actually ha%%ened after -567 Act# Governent of !n"ia Act, 1935:
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Pro"ided for the establishment of AllIndia 8ederation consistin! of o
British Pro"inces
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Princely States#
0he 3oinin! of Princely States 'as "oluntary and as a result the federation did not come into e+istence# yarchy 'as introduced at the Centre (E!, e%artment of 8orei!n Affairs and efence 'ere reser"ed for the Go"ernor General)# Pro"incial autonomy re%laced yarchy in %ro"inces# 0hey 'ere !ranted se%arate le!al identidy#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 CBI: ;C/ etc Inde%endent offices<
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Ans# CBI is theoritcally =Inde%endent = as it deri"es its %o'ers from elhi S%ecial Police Estabilishment act -5>? other'ise CBI is controlled by the e%artment of Personnel and 0rainin! in the 2inistry of Personnel, Public Grie"ances and Pension 'hich re%orts to P2# re!ardin! 8inance Commission 9 CAG 9 @PSC 9 Election Commission they&re Inde%endent Commissions %ro"ided by the Constitution of india# (they&re Constitutional offices) re!ardin! 0RAI its inde%endent re!ulator Administrati"e ad3udication (i#e# it 'ors lie a court but doesn&t fall under the 3udiciary&s direct control lie SC&s control o"er HC) and its not under direct control of E+ecuti"e either# so its =Inde%endent& @niue I and %lannin! Commission 'ere made by E+ecuti"e (i#e# the P2) for the con"enience in 'or but they don&t ans'er to any ministry thus Inde%endent# C1C CIC !et its %o'ers from la's made in **6 **7 res%ecti"ely, so its a statutory office and they don&t =ans'er& to any ministry so they&re also Inde%endent# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 Election Commision 4 Some GD conce%ts and issues
)lections: *oe G+ •
Security de%osit for state assembly 4 Gen cate!ory -****:, SC:S07,***:
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8or President :1P election 4-7,***:
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If the defeated candidate fails to secure more than one si+th of the "alid "otes %olled in the constituency 'ill lose his security de%osit# If a %erson is con"icted of any offense and sentenced to an im%risonment of years or more, this 'ill be disualification to contest elections#
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;o %erson shall "ote at any election if he is confined in a %rison
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Person cannot contest from more than t'o constituencies for a .o Sabha election#
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.imits on election e+%enditure 4 Parliament >* lahs (earlier 7), State assembly -? lahs (earlier -*)
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If there are more than ?> candidates, you cannot use Electronic "otin! machine due to technical limitations#
!ssues: (ne can"i"ate contesting on to seats: •
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0here ha"e been se"eral cases 'here a %erson contests election from t'o constituencies, and 'ins from both# In such a situation he "acates the seat in one of the t'o constituencies# 0he conseuence is that a byeelection 'ould be reuired from one constituency in"ol"in! a"oidable labour and e+%enditure on the conduct of that byeelection# .a' should be amended to %ro"ide that a %erson cannot contest from more than one constituency#
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G(-)R.%)./ *P(.*(R)0 A0-)R/!*)%)./* •
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on the e"e of election, the Central and "arious State Go"ernments embar on ad"ertisement s%ree in the !uise of %ro"idin! information to the %ublic# 0here is also the %ractice of %uttin! u% banners and hoardin!s in %ublic %laces, de%ictin! achie"ements of !o"ernments# 0he e+%enditure on such ad"ertisements is ob"iously incurred from the %ublic e+cheuer# It is common no'led!e that the ad"ertisements are released 'ith an eye on the elections, to influence the electors#
Pai" .es aa S@RRGA0E A1ER0ISE2E;0S I; PRI;0 2EIA •
Certain media houses !i"e re%eated ne's, elaborate details about certain candidates, alon! 'ith their indi"idual %hoto!ra%hs, election s%eeches and rallies4 all because of financial moti"es# (famous case: Ashok Chavan)
)it Polls •
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8irst time in **5 %arliament election, EC banned o%inion %olls durin! the >F hours before the end of the %oll in case of a sin!le%hase election# In case of a multi%hase election, there is a blanet ban on e+it %olls till the last round of %ollin! is o"er# Publishin! the result of o%inion %oll on the earlier %hases, 'ill ha"e the %otential to influence the "otin! %attern in the subseuent %hases# Similarly, the o%inion %olls, 'hich are conducted durin! the runu% to the %oll, are also liely to influence the minds of the electors#
2*) ( C(%%(. ))C/(RA R(* A0 E.EC0I;S C;@C0E B 0HE E.EC0I; C22ISSI; A; 0HE S0A0E E.EC0I; C22ISSI;S •
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2any times, confusion amon! the electors because their names may be %resent in one roll but absent in the other, or "ice "ersa, but also results in du%lication of effort and e+%enditure# In almost all the cases, the same machinery at the field le"el is entrusted the 3ob of %re%arin! and re"isin! rolls for both ty%es of elections# Hence same electoral rolls should be used in both cases#
R)G!*/RA/!(. ( P(!/!CA PAR/!)* •
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2ore than ?7* %arties are %resently re!istered 'ith the Election Commission, out of 'hich only -7* or so contested in the !eneral elections of -55F# Since the lay %ublic is not a'are as to ho' easy it is to !et a %olitical %arty re!istered 'ith the Election Commission, %robably, the moti"ation for the nonserious %arties to !et re!istered is to !i"e some sort of a distorted aura of their status and standin! in their localities, %articularly in rural and mofussil areas#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 Polity It is @nion Go"ernment not Central Go"ernment •
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Juasifederal structure of our %olity# India is a @nion of States# Constitution of India uses the 'ord K@nion Go"ernment L and KState Go"ernmentL
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It tals about the distribution of %o'er bet'een the @nion Go"ernment and the State Go"ernment# It %ro"ides for Central @nion .ist, State .ist and Concurrent list# It %ro"ides for Central @nion Public Ser"ice Commission and State Public ser"ice Commission •
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fficial Go"ernment site of A!riculture ministry mentions Sharad Pa'ar is Hon&ble @nion minister of A!riculture (;ot Hon&ble Central 2inister of A!riculture)# Sayin! KCentreL 'ould mean others are =%eri%heral& chillar %arty, It&s not the case# State Go"ernments ha"e their o'n authority, 3urisdiction and status deri"ed from the Constitution#
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Same 'ay KalitL it not the official 'ord in Constitution, it is KScheduled CastesL#
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Some old %rofessors and inter"ie' %anelists are "ery %eculiar about choice of 'ords, and !et irritated %retty uicly o"er such minute issues, so one should be careful#
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f course these 'ords are so commonly used, 'e don&t say Unionly S%onsered schemes 4) But /hen you ee% sayin! KCentral Government – Central Government L e"ery'here in your ans'er durin! the inter"ie', they %ic u% a ne!ati"e im%ression that you&re not 'ell "ersed in the Constitution or the conce%t of 8ederalism 3ust another amateur %layer# (-Tip given by a retire !A" officer in a U#"C prep-seminar in Ahmeaba)$ 0hat&s 'hy I 'as cautionin! the readers#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 Senior CitiMens /elfare Act **N 4 Salient 8eatures •
0he act defines senior citiMen as an& citien of !n"ia age" 6$, hether living in !n"ia or not
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E"ery Senior CitiMen 'ho is unable to maintain himself from his o'n income, can claim maintenance from his children#
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A childless Senior CitiMen can claim maintenance from his relati"e 'ho is in %ossession of, or 'ould inherit his %ro%erty# 2aintenance 0ribunals
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State Go"ernments are to constitute K2aintenance 0ribunalL at Sub i"isional .e"el#
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Senior CitiMen may submit a%%lication for maintenance to this tribunal#
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If Senior CitiMen is inca%able of main! a a%%lication himself, any other %erson or re!istered ;G can file com%laint on his behalf# State Go"ernments ha"e desi!nate the istrict Social /elfare fficer or an eui"alent officer as 2aintenance fficer, 'ho can then re%resent a %arent, on reuest, before a 2aintenance or A%%ellate 0ribunal# a&ers cannot re%resent any %arty before the 0ribunals Punishments
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2aintenance 0ribunal can a'ard u% to Rs# -*,*** %er month as maintenance allo'ance %ayable to the senior citiMen by his child:relati"e# 0hey&"e to !i"e 3ud!ment in 9$ "a&s If child:relati"e is ne!lectin! the senior citiMen after !ettin! his %ro%erty, then 0ribunal A%%eal can declare suchroert& transfer null and "oid and return it to the senior citiMen# Abandonment of a Senior citiMen is %unishable 'ith im%risonment u% to 3 onths an" or Rs 5$$$
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9999999999999999999999999999999999999999999999999999999999999999999999 /hat is ;arco Analysis (m)< ;arco analysis techniue in"ol"es the intra"enous administration of sodium %entothal, a dru! 'hich lo'ers inhibitions on %art of the sub3ect and induces the %erson to tal freely# Bac to the %oint, /hat is Euthansia< •
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0he act of illin! someone %ainlessly (es%ecially someone sufferin! from an incurable illness) 8ind out the %laces 'here Euthansia is le!al# Constitutional Bench4 2eanin! Im%ortance /hat is a Constitutional bench<
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Accordin! to Article ->7(6) of the Constitution, Kany Ksubstantial uestion of la'L relatin! to the inter%retation of the Constitution must be heard by benches of at least fi"e 3ud!es# Such bench is called a KConstitutional benchL# 0hen /hat&s the %roblem<
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At %resent Su%reme Court&s has N 3ud!es, but "ery busy thans to 7*,***9 %endin!, therefore e"en the im%ortant cases in"ol"in! KSubstantial uestion of la'L are handled by small 6 3ud!es bench instead of a 7 3ud!e KConstitutional benchL Benefits of a lar!er bench
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/hy should 'e care if these cases are heard by three 3ud!es or fi"e or nine or 3ust one< Because 2ore 3ud!es mean that there 'ill be more %oints of "ie', !reater reflection and more thorou!h analysis offered in these "ital cases that 'ill hel% set the direction of the country for decades to come# 2ore 3ud!es also mean that it is lielier that the o%inion of the bench 'ill reflect that of the o"erall Su%reme Court and not 3ust t'o or three 3ud!es 'ith a minority "ie'%oint# It is more difficult to o"erturn a fi"e3ud!e bench than a t'o or three3ud!e bench, meanin! the %ublic can ha"e more confidence in the stability of the la' on issues that affect millions of li"es# 0his is all the more critical in cases 'here no"el uestions of la' are bein! addressed and there is no clear %recedent on the issue# In the -5?*s, a much less con!ested Su%reme Court heard about -** fi"e3ud!e or lar!er benches a year# By the first decade of the ***s, the court a"era!ed only about -* constitution benches a year#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 /hat is a ynastic Party< ynastic %arty to be one 'here the to% leadershi% comes from 'ithin one family or the successor is a%%ointed 'ithout an or!anisational election# /hat are the e+am%les of ynastic %arties<
Indian Polity 7 Mrunal
-#
0he Con!res (lolM)
# Aali al in Pun3ab 6# Shi" Sena in 2aharashtraO ># ;CP of 2aharashtraO 7#
2D in 0amil ;aduO
?# 0P of Andhra PradeshO N#
B in rissaO
F# SP in @P# /hat are the disad"anta!es : emerits of ynastic Politics< -#
0here is a re%resentation deficit 'hen it comes to dynastic %arties#
# In those areas 'here dynastic %arties com%ete, "oters are far more liely to say that the %olitician (2.A or 2P) does not loo after the interests of anyone in the constituency 6# 0hose states 'here the t'o main %olitical %arties are dynastic, there are !reater "ote s'in!s for a %arty from one election to the other, 'ith the a"era!e "ote s'in! reachin! N %er cent# ># Inde%endent candidates are more liely to be elected and 'in "otes# 0he %ercenta!e of inde%endent candidates 'innin! mo"es from -* %er cent under nondynastic com%etition to -> %er cent under dynastic com%etition# 7#
0here is a %roliferation of %olitical %arties, 'ith the effecti"e number of %olitical %arties mo"in! from less than four to more than four#
?# In a dynastic %arty the to% s%ot is limited to members of a family# 8or ambitious %oliticians 'ho 'ant to rise to the to% s%ot there is only one o%tion Q to form their o'n %olitical %arty or to s'itch alle!iance to another %arty that 'ill !i"e them a hi!her %osition# 0his leads to lar!er number of %arties com%etin! for "otes and: or !reater "ote s'in!s# N#
Still, 'hy should 'e both er< Because abo"e thin!s lead to Coalition Politics and Coalition %olitics leads to K%olicy ParalysisL and KG scamsL at @nion and State le"el# /hat are the factors res%onsible for e+istance of dynastic %arties<
ey to understandin! 'hy dynasties e+ist lies in %arty or!anisation# In India, and else'here, -#
if a %olitical %arty does not ha"e a cadrebased or!anisation,
# is not rooted in an inde%endent ci"il society association and 6# has centralised financin! of elections, 8actor -4 Selection of Successor If a %arty has a %arty or!anisation 'here other contenders to the chief %ost can form their inde%endent bases of %o'er or lobby !rou%s 'ithin the %arty, it may be harder to sustain dynastic %arties# 0his 'as the case 'ith the Con!ress in the -5?*s 'hen a stron! or!anisation could disci%line the rulin! Con!ress %arty# 8actor 4 Ci"il Society
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If a %arty has stron! ties to a ci"il society or!anisation that constrains the %arty leader from a%%ointin! in as successor, the %arty 'ill be nondynastic# 0he classic case is the BP# 0he RSS (in 'hich the BP is societally rooted) e+ercises enou!h influence o"er the choice of leadershi% to ensure that it is nondynastic# 8actor 64 Party finance# •
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As lon! as %oliticians raise their o'n cam%ai!n finances ille!ally, their best insurance a!ainst disclosure is to ee% the money in the family# If all %oliticians in India raised funds inde%endently and o%enly (as they do in the @nited States) indi"idual %oliticians could challen!e the %arty leadershi%# In India this inde%endence is discoura!ed and substantial cam%ai!n contributions are undisclosed or KblacL and collected centrally# 0his centralisation of finances is essential to a"oid detection# As many ha"e obser"ed, the bul of the money for the **5 election cam%ai!ns of "arious %arties 'as allocated to .o Sabha ho%efuls by the central command# 0his !i"es the central %arty enormous control and the %arty leader is influenced by incenti"es that encoura!e ee%in! it all in the family# ynsties around the 'orld
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Political dynasties are found 'here they %ro"ide ris insurance for %oliticians# E"en in stable %olitical systems lie a%an, dynasties are common# ;ot sur%risin!ly, then, dynasties ha"e been seen in %arts of the @S, in Costa Rica, El Sal"ador, ;icara!ua, the Phili%%ines and Colombia#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 Art N> "s R0I 4 .etters bet'een President and P2 cannot be disclosed /hat is the case< @sin! Ri!ht to information act, one 2r#C Ramesh had sou!ht all the letters sent by President ;arayanan to Prime 2inister AB 1a3%ayee relatin! to Gu3arat riots of **# In **?, Chief Information Commissioner had ased the union !o"ernment to disclose those letter# But 0he union !o"ernment had filed an a%%eal a!ainst this CIC order, in elhi Hi!h court# @nion Go"ernment&s ar!ument is that under Articles %& an %' of the Constitution any avice tenere by the Union council of ministers or corresponence echange bet*een the presient an the prime minister en+oye immunity from public scrutiny$ /hat did elhi HC say< -#
Article N>() of the Co nstitution bars the disclosure of the ad"ice !i"en by the Cou ncil of 2inisters to the President#
# Article N>() of the Constitution cannot be made subser"ient to the R0I Act as the same could not ha"e been the intention of the le!islature and e"en if it 'as, the same cannot come in effect 'ithout amendin! the Constitution# 6# nly the 3ud!es of the Su%reme Court and hi!h courts had the %o'er to call for such material (the communications), to %eruse them, under Articles 6 and ? of the Constitution# ># But CIC cannot claim %arity 'ith the 3ud!es of the Su%reme Court and the hi!h courts
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0herefore, CIC cannot direct the @nion to %roduce the corres%ondence bet'een the President and the Prime 2inister#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 Constitutional Pro"isions for Scheduled 0ribes (ri!hts issue for CSA0) Constitutional Pro"isions : Safe!uards for Scheduled 0ribes, can be di"ided into t'o %arts -#
Protecti"e
# e"elo%mental# Article -7(>)4 Promotion of Social, Economic and Educational interests 0his article em%o'ers Tthe state to mae any s%ecial %ro"ision for the ad"ancement of socially and educationally bac'ard classes of citiMens or for the Scheduled Castes and Scheduled 0ribesT#
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0his clause has been es%ecially incor%orated to %re"ent any s%ecial %ro"ision made by a state for the ad"ancement of socially or educationally bac'ard classes of citiMens from bein! challen!ed in the la' courts on the !round of discrimination#
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Article -7(>)4 Promotion of Social, Economic and Educational interests
0his article em%o'ers Tthe state to mae any s%ecial %ro"ision for the ad"ancement of socially and educationally bac'ard classes of citiMens or for the Scheduled Castes and Scheduled 0ribesT#
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0his clause has been es%ecially incor%orated to %re"ent any s%ecial %ro"ision made by a state for the ad"ancement of socially or educationally bac'ard classes of citiMens from bein! challen!ed in the la' courts on the !round of discrimination#
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Article -5(7)4 Safe!uard of 0ribal Interests
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/hile the ri!hts of free mo"ement and residence throu!hout the territory of India and of acuisition and dis%osition of %ro%erty are !uaranteed to e"ery citiMen, s%ecial restrictions may be im%osed by Tthe state for the %rotection of the interests of any Scheduled 0ribe T# (8or e+am%le state may im%ose restrictions on o'nin! %ro%erty by non tribals in tribal areas#)
Article 64 Human 0rafficin! U0raffic in human bein!s, be!ar and other similar forms of forced labour are %rohibitedT# 0his is a "ery si!nificant %ro"ision so far as Scheduled 0ribes are concerned# Article 54 Cultural and Educational Ri!hts
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Accordin! to this article a cultural or lin!uistic minority has ri!ht to conser"e its lan!ua!e or culture# U0he state shall not im%ose u%on it any culture other than the communityUs o'n culture#T Article -?> •
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It %ro"ides for a 2inisterinchar!e of tribal 'elfare in the states of 2P, Chattis!arh,rissa and harhand#V 0hese states ha"e substantial tribal %o%ulation and s%ecial %ro"ision of a 2inister looin! after tribal 'elfare is an e"idence of the concern of the framers of the constitution for safe!uardin! the interests of Scheduled 0ribes#
VCorrection by our !ood friend Syed /aseem Pasha
,arlier it *as mp orissa am bihar (./) but the ne* list is mp chattisgarh(after 0111) orissa 2 +harkhan(after 0111) bihar remove Articles 66*, 66 and 66>
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Accordin! to these articles seats shall be reser"ed for Scheduled Castes and Scheduled 0ribes in le!islati"e bodies# 0here are %ro"isions for reser"ations of seats in the %arliament as 'ell as le!islati"e Assembly of e"ery state (Article 66*,66)# Such reser"ations 'ere cease to be effecti"e after a %eriod of -* years from the commencement of the constitution (Article 66>) but after e"ery ten years its bein! e+tended throu!h constitutional amendments#
Article 667 •
0he claims of the members of the Scheduled Castes and Scheduled 0ribes shall be taen into consideration in main! the a%%ointments to ser"ices and %osts in connection 'ith the affairs of the @nion or of a State# Article 66F
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It says that there shall be a s%ecial officer for the Scheduled Castes and Scheduled 0ribes to be a%%ointed by the President#
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;ational Commission for Scheduled 0ribes, has been established under 66FA# Article 665(-)
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0he President may at any time and shall at the e+%iration of -* years from the commencement of the constitution by order a%%oint a Commission to re%ort on the administration of Scheduled areas and the 'elfare of the Scheduled 0ribes in the states# Article 6N-(A, B, C)
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Pro"ides for the s%ecial measures and %ro"isions 'ith res%ect to the states of 2aharashtra and Gu3arat (6N-), ;a!aland (6N- A), Assam (6N- B) , and 2ani%ur (6N- C)#
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Besides, %ro"isions are also made in the fifth and the si+th Schedule of the constitution
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Inter linin! of Ri"ers in India 4 Benefits, Problems, China dis%ute etc# /hat is the interlinin! ri"er %ro3ect< •
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It aims to 0ransfer 'ater from sur%lus to 'ater deficit areas in the country# Inter.inin! Ri"er Pro!ram 'ill hel% sa"in! the %eo%le li"in! in drou!ht%rone Mones from hun!er and %eo%le li"in! in flood%rone areas from the destruction caused by floodsL# History
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urin! the British ra3, an En!ineer *ir Arthur Cotton had sou!ht to lin the Gan!a and the Cau"ery to im%ro"e connecti"ity for na"i!ation %ur%oses but due to the increased rail'ay connecti"ity amon! the areas, the idea 'as shel"ed# In -5F, the ;ational /ater e"elo%ment A!ency (;/A) 'as formed as an autonomous body entrusted 'ith the tas to carry out the 'ater balance and feasibility studies of the ri"er linin! %ro!ram# In 8eb *-, Su%reme Court, !a"e its !oahead to the interlinin! of ri"ers and ased the !o"ernment to ensure that the %ro3ect is im%lemented e+%editiously# States 4 8a"our and %%ose
State
Reason
In 8a"our 0amil ;adu#
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Assam, Siim and Derala o%%ose the idea
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no ma3or ri"er ori!inates in the stateO it is de%endent on interstate ri"ers#
they 'ant e+clusi"e ri!ht to use their 'ater resources and that such transfers should not affect any ri!hts of these states#
ue to reluctance of certain states, the Centre has not been allo'ed to undertae detailed sur"eys#
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Indian Polity 13 Mrunal
/hat&re the benefits< •
Irri!atin! 67 million hectaresO
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Enablin! full use of e+istin! irri!ation %ro3ectsO
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Generatin! %o'er to the tune of 6>,*** m' 'ith added benefits, includin! flood control# /hat is the cost<
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Cost of the %ro3ect 'as estimated at 7,?*,*** croreO
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the true cost can no'n only 'hen the detailed %ro3ect re%orts of the 6* ri"er lin %ro3ects are dra'n u%
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So far only DenBet'a %ro3ect is under sur"ey# DenBet'a ri"er lin
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It is the only %ro3ect for 'hich the detailed %ro3ect re%ort has been %re%ared,
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In **7, 2o@ 'as si!ned bet'een @nion /ater ministry, C2s of 2P and @P#
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A%%ro+imately F,?7* ha of forestland in 2adhya Pradesh is liely to be submer!ed for the %ro3ectO and %art of that forestland is a %art of the Panna ;ational Par
Indian Polity 14 Mrunal
Constitutional Pro"isions4 K/aterL •
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Sub3ect K'aterL is %laced in the Constitution in Entry -N of .ist II (State .ist) of Schedule 1II# Ho'e"er, the ca"eat is Entry 7? of .ist I (@nion .ist), 'hich says, KRe!ulations and de"elo%ment of interstate ri"ers and ri"er "alleys to the e+tent to 'hich such re!ulation and de"elo%ment under the control of the @nion is declared by Parliament by la' to be e+%edient in the %ublic interest#L /hat is the %roblem<
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@nfortunately, the Centre has made little use of the %o'ers "ested in it "ide Entry 7? of .ist I#
0he result is that by territories, "irtue of Article >? read 'ith Entry .ist II, states ha"e e+clusi"e 3urisdiction o"er 'aters that are located 'ithin their includin! interstate ri"ers-N, and ri"er "alleys# It is ar!uably this status of 'ater in the Constitution that constrains the hi!hest in the e+ecuti"e and the 3udiciary, des%ite their %ronouncements on and commitment to resol"in! the %roblem# It has also sto%%ed the Centre from establishin! allocation rules and clearly defined 'ater ri!hts amon! states that ha"e unendin! dis%utes o"er the sharin! of interstate 'ater resources# 0he latest e+am%le is the second Drishna /ater is%utes 0ribunal, 'hich has turned into a 'arMone, 'ith a battery of la'yers, technical staff and irri!ation de%artment officials from 2aharashtra, Darnataa and Andhra Pradesh fi!htin! to 'in the ma+imum allocation of the Drishna ri"er for their res%ecti"e state# /hat is C.;;@I/)<
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Con"ention on the .a' of the ;on;a"i!ational @ses of International /atercourses 4 it is a document ado%ted by the @; on 2ay -, -55N, %ertainin! to the use and conser"ation of all 'aters that cross international boundaries, includin! surface and !round 'ater#
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@nfortunately, the con"ention is not yet ratified#
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Alon!side the @S, China, Canada and Australia, India is amon! the ma3or o%%onents of the C.;;@I/# Indo China /ater is%utes<
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China has se"eral %ro3ects in 'estcentral 0ibet that may reduce the ri"er 'ater flo' into India9Ban!ladesh# 0here are re%orts that China is %lannin! to di"ert ** billion cubic metres (BC2) of the Brahma%utra from south to north to feed the ello' Ri"er#
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If this is true, India 'ill face a se"ere crisis once the Chinese %ro3ects are com%leted#
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2any of the hydel %ro3ects in the ;ortheast India may ha"e to be shel"ed#
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f the -,5** of ha%%en ri"er runoff in the country, by about ?** BC2 is !enerated in the Brahma%utra, one can ima!ine 'hatBC2 'ould if thea"ailable bul of this is di"erted China# /orld Ban re%ort on India&s /ater Policy
It says4 •
India is faced 'ith %oor 'ater su%%ly ser"ices, farmers and urban d'ellers alie ha"e resorted to hel%in! themsel"es by %um%in! out !round 'ater throu!h tube'ells#
Indian Polity 15 Mrunal •
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it has led to ra%idly declinin! 'ater tables and critically de%leted auifers, and is no lon!er sustainable (at many %laces)# !o"ernment actions Q includin! the %ro"ision of hi!hly subsidised or e"en free %o'er Q ha"e e+acerbated rather than addressed the %roblem India is !ettin! seriously 'aterstressedO and 'e need to act fast# /ater has to be treated not as a local resource, but a !lobal resource# /hat&s the solution<
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/e need to see if a chan!e in its constitutional status is reuired
/e also need to enhance our 'aterstora!e ca%acity, as 'e suffer the most from the "a!aries of the monsoon# Ri"erlinin! %ro3ect, alon!side a chain of 'aterconser"ation %ro3ects, 'ould offer a solution#
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Gorha 0erritorial Administration (G0A)4 ri!in, ifference from ar3eelin! Gorha Hill Council (GHC) ifference bet'een GHC "s G0A< ar3eelin! Gorha Hill Council (GHC)
0heGHChadFseats#
Gorha 0erritorial Administration (G0A)
G0Ahas>7seatsandfi"enominatedmembers#
GHC started 'ith -5 de%artments in -5FF
G0A 'ill start 'ith 7> de%artments alon! 'ith -> e+ecuti"e members#
Po'er in the GHC 'as centralised and rested 'ith Subhas Ghisin! 'ho 'as the chief of the GHC#
%o'er has been decentralised and there 'ill be a chairman and chief e+ecuti"e 'ho 'ill run the G0A alon! 'ith other e+ecuti"e members#
GHC did not ha"e the %o'er to %re%are the bud!et for its de%artments# It 'ould recei"e funds as %art of the state !o"ernment&s bud!et#
G0A can ha"e its o'n bud!et and can allocate funds to "arious de%artments#
GHC 'as !i"en an annual !rant of Rs crore by the Central !o"ernment
G0A 'ill recei"e a !rant of Rs ** crore e"ery year for the ne+t three years#
GHC did not ha"e the %o'er to create %osts of Grou% C and Grou% and it could not !enerate em%loyment#
G0A 'ill ha"e the %o'er to create Grou% staff#
GHC did not ha"e the %o'er to amend any rule#
G0A has the %o'er to %re%are its re!ulations and send them to the state !o"ernment as recommendation#
Indian Polity 16 Mrunal
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 Surro!ate 2others4 2eanin!, Ar!uments in fa"or and a!ainst, le!al frame'or in India /hat is Surro!ate re%roduction< •
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Husband has healthy s%erms and /ife has healthy e!!s but /ife cannot carry a baby to its full term# 8or e+am%le, Aamir Dhan&s 'ife Diran Rao suffered a miscarria!e earlier and had uterine medical %roblems so the cou%le o%ted for surro!acy# In surro!acy4 /ife&s e!! is fertiliMed 'ith husband&s s%erm throu!h in"itro fertiliMation (I18) and an embryo is created# (In 1itrooutside body# In"i"oinside body#)
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0his embryo is im%lanted in the 'omb of a Ksurro!ate motherL, she 'ill carry It for nine months and deli"er the baby#
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Baby thus %roduced, 'ill ha"e !enetic maeu% of the husband and 'ife (and not that of surro!ate mother#)
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0he cost for a surro!ate and the entire %rocedure in India is onethird that in ;orth America or Euro%e, 'hich maes India the fa"ourite destination of the re%roducti"e tourist industry# Besides, Surro!acy is banned in 8rance, Germany, Italy, S%ain, a%an and S'itMerland# Commercial surro!acy is banned in ;e' or and se"eral other states in America, the @D, Canada, South Africa and Australia# 0hese countries allo' 'hat is called altruistic surro!acy# (i#e# cannot be done for money) /hat is the %roblem in Surro!acy<
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Indian surro!ate are mainly from %oor bac!rounds or dri"en by circumstances, includin! unem%loyment, domestic distress,mothers etc, •
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0hey offer their 'ombs on commercial terms# nce the baby is born and deli"ered, the surro!ate mother is for!otten, the im%lications on her health and mind are of no concern#
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It is not the health and 'ellbein! of the surro!ate, but the safe deli"ery of the baby that is of %rime concern#
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Recently, a surro!ate mother in Ahmedabad died because of medical com%lication#
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At %resent, in India, there is no se%arate la' to re!ulate the E!! donation and surro!acy clinics# 0here are re!ulated by Indian Council of 2edical Research (IC2R) !uidelines# 0here is no centraliMed database of surro!ate clinics or surro!ate mothers# Problems may arise if somethin! !oes 'ron!, for e+am%le baby is born 'ith some defects and the =biolo!ical %arents& refuse to acce%t him:her, then /ho is le!ally reuired to ee% the child< /ho is the mother< /ho is the father< /hat ri!hts does each %ossess, includin! future %ro%erty dis%utes< 0here must a la' to clearly %ro"ide the ans'ers# /hat is Assisted Re%roducti"e 0echnolo!y (Re!ulation) Bill, *-*<
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0his bill aims to co"er the assisted re%roduction clinics, !amete bans and surro!acy#
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It details the ri!hts and duties of all the %arties in"ol"ed in surro!acy and other assisted re%roducti"e technolo!ies#
Indian Polity 17 Mrunal •
It %ro"ides for ad"isory and re!ulatory bodies at central and state le"els#
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Re!ulators 'ill be able to recei"e and e"aluate com%laints and %ass them on to a ma!istrate for trial, if necessary#
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But it is still a KbillL and not a Kla'L# Ar!uments for Essay: Grou% discussion (G) AntiSurro!acy
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Because of (relati"ely) chea% Surro!acy in India, less or%hans are !ettin! ado%ted by 'ell to do familie s abroad#
# IsnUt it selfindul!ent to demand a Tco%yT of onese lf, 'hen so many or%h ans stand in need of lo"in ! homes< 6# 0he %hysical stress, riss, emotional and %hysi cal trauma to the surro!ate mother, and then the abru%t se% aration from the baby carried in the 'omb for nine months are immaterial# ># (%ro) Surro!ate mother is assertin! her inde%endent a!ency to mae choices to better her life and those of her family# (anti) But 'hat does KchoiceL mean 'hen she did not choose to be %oor, she did not choose to be unem%loyed, she did not choose to li"e in a country 'here children die of star"ation< 7#
It is inhumane to use a 'oman &s social and economic "ulnerability to commercially e+%loit her 'omb as a commodi ty to mae handsome %rofits#
?# 0he use of surro!acy, es%ecially the 'ide use, mi!ht lead to a chea%e nin! of our idea of 'hat it is to be a %erson, to a decline in selfres%ect# It mi!ht cause future !enerations, for e+am%le, to thin of the human embryo or fetus as interchan!eable %arts, re%roduction as a mechanical %rocess, 'ombs as or!ans for rent, etc# 0he im%lication is that thinin! of oursel"es in this fashion 'ould brin! serious ne!ati"e conseuences $ the Kdesi!ner baby syndromeL for e+am%le, %ic ;A of Sachin for Stamina, ;A of Bacchan for Hei!ht, Hrithi Roshan for 'hite sin and thus assemble an embryo lie assemblin! a mobile %hone or com%uter# ProSurro!acy Ar!uments -#
Surro!ate mother is assertin! her inde%endent a!ency to mae choices to better her life and those of her fam ily
# 0he ar!ument !i"en that less or%hans are !ettin! ado%ted 'ell there is no reason 'hy the infertile cou%le should ha"e a s%ecial duty to ado%t needy childrenO those 'ith their To'nT could also ado%t others If their financial situation %ermits# 6# If Go"ernment maes a la' to ban surro!acy in India, then maret 'ill !o under!round and the surro!ate mothers 'ould be e+%loited e"en further, because they cannot a%%roach the la' enforcement a!encies# So, surro!acy should not be banned, it should be re!ulated# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 ;ational Intelli!ence Grid (;A0GRI)4 2eanin!, @se, Contro"ersy ;A0GRI •
?:-- attacs on 2umbai led to the e+%osure of se"eral 'eanesses in India&s intelli!ence !atherin! and action net'ors# So, Chindu came u% 'ith the idea of ;ational Intelli!ence Grid (;A0GRI)
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;A0GRI 'ill inte!rate - cate!ories of data from a!encies lie
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Bans,
# Rail'ays and airlines,
Indian Polity 18 Mrunal
6# Income ta+ de%artment, ># Credit card com%anies etc# 7# •
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1isa and immi!ration 0his combined data 'ill be made a"ailable to -- central a!encies includin! the RA/, the ;ational In"esti!ation A!ency, the CBI, the irectorate of Re"enue Intelli!ence, the Intelli!ence Bureau, the ;arcotics Control Bureau and the Enforcement irectorate to hel% them %re"ent terrorist attacs and criminal acti"ities# ;A0GRI /ill become fully o%erational in *-6->
#$ 3aghu 3aman is heaing 4ATG3!5 Concerns
Indian Polity 19 Mrunal
Pri"acy and misuse Some %eo%le are concerned about the %rotection of indi"idual %ri"acy and misuse of information by la' enforcement a!encies# Ho'e"er, 0he Go"ernment has tried to calm do'n the fears by assurin! that -#
;A0GRI is only the technical interface for intelli!ence a!encies and not an or!aniMation in itself# If the a!ency initiatin! the inuiry is not authoriMed to !et that information, it cannot !et it#
# ;A0GRI has stron! information %rotection technolo!y and e+ternal audits 6# Security and intelli!ence a!encies 'ill not be able to use the ;A0GRI system to access information for any %ur%ose other than that of counterin! terror# ># ;A0GRI 'ill not KstoreL any %ersonal data, but only facilitate transfer# /iileas lie situation •
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SIPR;E0 is a com%uter net'or connectin! @S efense and State e%artments (similar to our ;A0GRI) ne Soldier Bradly 2annins, accessed the SIPR;E0, co%ied all the @S di%lomatic documents and sent them to /iileas founder ulian Assan!e# Similar fiasco could ha%%en 'ith India&s ;A0GRI#
Indian Polity 20 Mrunal
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 ;ational Counter 0errorism Center (;C0C)4 2eanin!, functions, Contro"ersy Introduction4 0he ;eed for ;C0C •
;ational Counter 0errorism Center (;C0C)
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After the ?:-- attacs, Go"ernment felt the need to setu% a se%arate body to deal 'ith terrorism#
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;C0C is modeled on the American ;C0C and Britain&s oint 0errorism Analysis Centre#
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;C0C 'ill deri"e its %o'ers from the @nla'ful Acti"ities Pre"ention Act, -5?N
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0he basic idea is to %re"ent confusion re!ardin! intelli!ence in%uts and also ensure that none of the %olice forces from the states enter into a blame !ame re!ardin! intelli!ence sharin! as one !ot to see durin! the ?:-- attacs in 2umbai# /hat 'ill ;C0C do<
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It 'ill ha"e the %o'er to conduct searches and arrests in any %art of India#
# 'ill collect, collate and disseminate data on terrorism# 6# 'ill also maintain a data base on terrorist and their associates inclu"ing their failies ># In short, ;C0C 'ill ser"e as a sin!le and effecti"e %oint of control and coordination of all counter terrorism measures# 2ultiA!ency Centre (2AC) It is %latform to share "aried intelli!ence in%uts comin! from "arious a!encies lie the -#
irectorate of Re"enue Intelli!ence (RI),
# Economic Intelli!ence A!ency, 6# Enforcement irectorate etc# $ Earlier this 2AC 'as under Intelli!ence Bureau under Home 2inistry#But in future, the 2AC 'ill be %laced under the ;C0C# Ho' is it different from @S and @D model< •
@SA&s ;C0C 'hich deals only 'ith strate!ic %lannin! and inte!ration of intelli!ence 'ithout any o%erational in"ol"ement
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@D =s oint 0errorism Analysis Centre, 'hich too %lays a %urely coordinatin! role#
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But the Indian ;C0C 'ill ha"e not only intelli!ence functions but also %o'ers to conduct o%erations, raids and arrests in any %art of India# /hat is the %roblem 'ith ;C0C<
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;C0C 'as to start 'orin! from 2arch *-, but it couldnot be launched due to o%%osition from a !rou% of ;onCon!ress chief ministers 'ho say that ;C0C is a!ainst the federal structure of the country# Po'er to Arrest 'ithout informin! State Go"ernment
Indian Polity 21 Mrunal •
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;onCon!ress chief ministers alle!e that the ;C0C has been em%o'ered to search and arrest %eo%le 'ithout informin! the state !o"ernment, %olice or antiterror suad in the loo%# 0ae this scenario for e+am%le# A sus%ected terrorist is holed u% in a state# 0he officials of the ;C0C 'ould ha"e the ri!ht to enter into that state and %ic him or her u% 'ithout informin! the state machinery and deal 'ith him under their la's# 0he role of the state becomes redundant 'ith such %o'ers and states 'ould ha"e no say or role to %lay in the fi!ht a!ainst terrorism# 0his 'ould ha"e a bearin! on the ri!hts and %ri"ile!es of the states as enshrined in the Constitution# 0o curb this fear, Home 2inistry had altered the rules# ;o', the senior most %olice officers in all states $ the irector Generals of Police and the chiefs of antiterror suads of all states 'ill be members of the Standin! Council of the ;C0C# 0hey 'ill be informed before the ;C0C conducts an o%eration in their state# And Home 2inistry had also assured the State Go"ernments that ;C0C 'ill no' be able to carry out antiterror o%erations only in the rarest of rare cases "erla%%in! 'ith ;IA
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;ational In"esti!atin! A!ency (;IA) 'as established after the ?:-- attacs# So, the establishment of a ne' ;C0C 'ould only add to the bureaucratic tan!le in intelli!ence sharin! and counter terrorist action# Ho'e"er, Chindu had assured that ;IA is merely a %redecessor of ;C0C# (so once 4CTC comes into operation the 4!A *ill function uner it or *ill be submerge into 4CTC) Present Status of ;C0C
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After Pranab become President, Chindu became 8inance 2inister and thus Shinde became the Home 2inister# But Shinde, in his first %ublic s%eech, did not mention ;ational Counter 0errorism Centre (;C0C) or ;ational Intelli!ence Grid (;A0GRI)# 0hat means, Home 2inistry has %ut the idea in bacburner for no'# ay be too busy o6ing the coal-scam fire
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Amicus Curiae4 2eanin!, Si!nificance 0he e+%ression WPI.U means a le!al action initiated in a Court of la' for the enforcement of %ublic interest or !eneral interest in 'hich the %ublic or a class of the community has %ecuniary interest or some interest by 'hich their le!al ri!hts or liabilities are affected See more at4 htt%4::'''#le!alblo!#in:*--:*:%ublicinterestliti!ationdefinition#htmlsthash#S6@.*MH#d%uf /hat is Amicus Curiae< •
In sim%le lan!ua!e, Kamicus curiaeL means Kfriend of the courtL#
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Amicus Curaie is reuired in follo'in! situations - Hel%in! in PI.
Indian Polity 22 Mrunal •
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In many hi!h%rofile PI.s, the courts a%%oint an amicus curiae, to assist them in formulatin! a "ie'%oint and to mae inuiries and re%orts# In se"eral ma3or PI. 3ud!ments on %rison reform, terrorism, en"ironment, mentally deficient liti!ants, freedom of the media, unauthorised occu%ation of !o"ernment %remises and unauthorised constructions, decisions ha"e been based on the assistance %ro"ided by the amicus# oin! In"esti!ation
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0here is another ind of amicus curiae, a%%ointed in cases that are not PI.s, 'here im%ortant uestions of la' are in"ol"ed and both %arties are re%resented but the court still 'ants a senior la'yer to assist it# (e#!# Su%reme Court a%%ointed Ra3u Ramachandran as amicus to in"esti!ate alle!ations of ;arendra 2odi&s com%licity in the Gu3arat riots#) 6 efendin! the accused
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0he KtraditionalL amicus curiae is the one 'ho is ased to re%resent the accused in a criminal a%%eal#
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0his ha%%ens in t'o situations4 -#
'hen the Accused is too %oor and:or reuests the court to %ro"ide him a la'yer (for e+am%le same Ra3u Ramahandran defendin! Dasab#)
# or 'hen the criminal does not en!a!e his o'n la'yer to defend him a! ainst the State# (8or e+am%le members of the .00E refused to re%resent themsel"es in Indian court) •
Su%reme Court and the hi!h courts maintain %anels of la'yers 'ho are assi!ned amicus 'or in criminal a%%eals#
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0he Su%reme Court has mandated that le!al aid, that is, a la'yer re%resentin! a %oor accused, is a must in criminal cases#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Article 6N-4 S%ecial Status for HyderabadDarnataa re!ion (--Fth Constitutional Amendment Bill) /hat is --Fth Constitutional Amendment Bill, *-< •
It sees to amend Article 6N- of the Constitution to insert a ne article 371' /hat is Article 6N-<
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8alls under Part - of Indian Constitution (0em%orary, 0ransitional and S%ecial Pro"isions)# Article 6N- and its subarticles, deal 'ith s%ecial %ro"isions for Assam, ;a!aland, Gu3arat, 2aharashtra etc# @sually, they are about establishin! s%ecial e"elo%ment board for the %articular bac'ard re!ions to !rant more funds, and:or reser"ation in local Go"ernment 3obscolle!es etc# 8or e+am%le Article 6N- (), 0elen!ana re!ion has a %ro"ision of local cadres for reser"ation in direct recruitment and admission to educational institutions and settin! u% of an administrati"e tribunal# (omicile reuirement: =sons of soil%olicy in education and em%loyment) Has been amended many times, to include ne' articles, for e+am%le /hat is Article 6N-<
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It&ll !rant s%ecial status to si+ bac'ard districts of HyderabadDarnataa re!ion to
Indian Polity 23 Mrunal
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Establish of a se%arate e"elo%ment Board
# 0his board 'ill see that sufficient funds are allocated for e"elo%ment of the re!ion# 6# .ocal reser"ation in education and Go"ernment3obs (omicile reuirement#) /hat is omicile reuirement< omicile means you must be a resident of the !i"en area for !ettin! colle!e admission, 3ob, land %urchase, fi!htin! elections etc# /here do omicile reuirements a%%ly<
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ammu and Dashmir outsider cannot %urchase land#
# Similar %ro"isions for Scheduled and tribal Areas (7 th and ?th Schedule of Indian Constitution) 6# Recruitment in Army for belo'officer rans# 0hey&"e district : area 'ise "acancies and se%arate educational ualifications accordin! to areas# 8or e+am%le Soldier (General uty) minimum reuirement a#
Candidate should ha"e %assed class 1$, if he is from aisalmer and Barmer ists of Ra3asthan#
b# But if he&s from Andaman ;icobar Grou% of Islands, he can com%ete e"en if he is merely %assed class 8# ># Earlier, if you 'anted to contest for Ra3ya Sabha election from a %articular state, you had to be ordi nary resident of that state (e#!# 2ohan had to buy a house in is%ur to !et the "oters& card and fi!ht Ra3ya Sabha elections from Assam#) But then %arliament amended to Re%resentation of Peo%le in **6 and remo"ed this %ro"ision# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Public Procurement Bill *-4 2eanin!, Salient 8eatures, e+%lained /hat is Public Procurement< •
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%ublic %rocurement means ho' the %ublic authorities$ the Central and State !o"ernments, ministries:de%artments, %ublic sector undertain!s or stateo'ned enter%risesQs%end %ublic money buyin! !oods and ser"ices# 8or e+am%le, a de%artment %urchasin! "ehicles, office eui%ment, com%uters, stationary, airconditioners, refri!erators, buildin!s, etc# /hat is the %roblem in Public Procurement system<
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A bacoftheen"elo%e assessment recons that India&s %ublic %rocurement systems account for more than Rs# -* lah crore of business e"ery year 'hich is more than 6* %er cent of country&s GP# .ot of Corru%tion durin! the tender:biddin! %rocess# 0here are im%erce%tible %ressures from tradin! %artners such as the E@ that forei!n com%anies should be allo'ed to easily %artici%ate in India&s %ublic %rocurement %rocess# At %resent there is no sin!le le!islation %ro"idin! !uidelines for %ublic %rocurement and for !i"in! %unishments to bribe !i"ers and bribe taers# So 8inance ministry introduced Public Procurement Bill, *- in .o Sabha#
Indian Polity 24 Mrunal •
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It is based on the recommendations of Coittee on Pu;lic Procureent headed by former bureaucrat -ino" 0hall 0his Bill sees to mae %ublic %rocurement trans%arent and corru%tionfree#
/here does the bill a%%ly< •
Any central de%artment, ministry, PS@ or Com%any 'here Go"ernment has more than 7*X staes#
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8or %urchases about 7* lah ru%ees# /here does the bill not a%%ly<
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8or emer!ency %urchases done durin! disaster 2ana!ement, national security# Salient 8eatures : Pro"isions of the bill<
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Procurin! entity (2inistry:de%artment etc) shall first determine the need for the %rocurement and estimate the cost of the %rocurement based on certain s%ecified matters# It may %ublish information re!ardin! %lanned %rocurements# Bill %ro"ides for settin! u% a Central Pu;lic Procureent Portal ('ebsite) to ensure trans%arency in the %rocurement %rocess# Information such as %reualification document and details of bidders shall be dis%layed on the Portal#
Indian Polity 25 Mrunal •
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2inistry:e%artment shall not limit %artici%ation of bidders or discriminate a!ainst or amon!st bidders e+ce%t for the %rotection of %ublic order and morality, animal or %lant life, intellectual, national security# (means foreign companies can also fill up teners *ithout trouble- that7s *hat ,U an U"A *ante$) central !o"ernment may mae %rocurement mandatory from certain bidders only on the !rounds of %romotion of domestic industry, socio economic %olicy, or other considerations in %ublic interest# (means Government can prevent foreign companies from biing in special cases) Go"ernment shall constitute one or more inde%endent %rocurement redressal committees 8uner the chairmanship of a retire 9igh Court uge;$ o
if any %ros%ecti"e bidder (seller) feels that a %articular ministry:de%artment etc# did not consider his %roduct:ser"ices for any foul reasons (e#!# if he feels that since he did not !i"e bribe so his tender 'as re3ected) so in that case he may file an a%%lication 'ith such a committee# Punishment
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Bill states different de!ree of %enalties for offences such as tain! bribes in res%ect of %rocurement, interference 'ith the %rocess, main! "e+ation, fri"olous or malicious com%laints, and abetment of offences# ail time from ? months to 7 years, for bureaucrats cau!ht tain! bribes or other'ise creatin! obstacles "ia =bid ri!!in!& or enablin! =collusi"e biddin!& or =bid su%%ression& to fa"our certain bidder (seller)# Go"ernment shall debar a bidder (seller) if he has been con"icted of an offence under Pre"ention of Corru%tion Act, -55F and the IPC and or if he tries to bribe an officer : other'ise %lay mischief in the biddin!#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 nd ARC 4 isaster 2ana!ement (6rd Re%ort) Gist of Cha%ter - to 6 Crisis "s isaster •
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crisis& may be defined as Kan emer!ency situation arisin! out of natural or human acti"ity 'hich %oses a threat to human life and %ro%erty or leads to lar!e scale disru%tion of normal life# A crisis may de!enerate into a disaster if it is not %ro%erly mana!ed resultin! in a"oidable loss of human life and %ro%erty on a lar!e scale# Second Administrati"e Reforms Commission, in its 6rd re%ort discussed the Crisis 2ana!ement# isasters4 /hy Increasin!<
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;atural disasters ha"e been an inte!ral %art of human history ri!ht from the da'n of ci"iliMation# 0he rise and fall of the Indus 1alley and Babylonian ci"iliMations are a testimony to this#
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!lobaliMation, urbaniMation, lar!escale mi!rations of human %o%ulation and climate chan!es more disaster#
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0he scour!e of terrorism has created ne' ty%es of crises
•
•
increasin! de%endence on communications and com%uter net'ors ha"e increased the threat of ne'er emer!encies in case these are disabled by accident or desi!n#(;etbanin!, sharemaret, 8inancial 0errorism etc) moderniMation, information e+%losion, transnational mi!rations, and the economic interde%endence amon! nations ha"e all contributed to e+tendin! the im%act of crisis situations#
Indian Polity 26 Mrunal •
!ntergovernental Panel on Cliate Change from the @nion Carbide 8actory in Bho%al (no'n as the Bho%al Gas 0ra!edy) 'hichhas so far claimed more than *,*** li"es and in3ured se"eral lah %ersons Reforms after Bho%al Gas tra!edy
•
In the %reBho%al Gas 0ra!edy era, industrial safety 'as !o"erned by le!islations lie the 8actories Act, -5>F and the E+%losi"es Act, -FF>#
Indian Polity 33 Mrunal •
0hese la's %ro"ed to be inadeuate to %ro"ide safety to 'orers as 'ell as to the %eo%le li"in! in the surroundin! areas
•
So, 0he En"ironment Protection Act, -5F? 'as enacted#
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Strin!ent en"ironmental %rotection la's ha"e %re"ented ma3or industrial disasters after Bho%al, but minor disasters do tae %lace on and off site and also durin! trans%ortation of haMardous materials, 'hich claim a number of li"es each year besides creatin! en"ironmental %roblems#
•
/ith ra%id industrialiMation, the threat of industrial disasters has increased#
•
Ho'e"er, in s%ite of the e+istence of a lar!e number of la's, their enforcement has left much to be desired E%idemics
In India, the ma3or sources of e%idemics can be broadly cate!oriMed as follo's
•
•
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E%idemics often tae %lace due to %oor sanitary conditions leadin! to contamination of food and 'ater or due to inadeuate dis%osal of human or animal carcasses in %ostdisaster situations# 0hey become real dan!ers durin! floods and earthuaes# Sometimes, %oor solid 'aste mana!ement may create e%idemics lie %la!ue# Pla!ue is uite uncommon no' but it can still occur as it did in Surat in -55> ;uclear HaMards
Indian Polity 34 Mrunal
>ukishima 4uke #o*er #lant •
•
e%artment of Atomic Ener!y (AE) is the nodal a!ency in the country in res%ect of man made radiolo!ical emer!encies in the %ublic domain# (I thin 'e already co"ered the ste%s taen by Indian Go"ernment to %re"ent nue accidents# Refer the Seoul Summit article clic 2E) esert .ocusts
"*arm of 5esert =ocust •
@nder fa"ourable en"ironmental conditions, a fe' insects can dramatically multi%ly, form lar!e s'arms able to mi!rate !reat distances
•
they threaten a!riculture o"er a lar!e %art of Africa, the 2iddle East and South'est Asia food security %roblem#
•
International coo%eration lies at the core of an effecti"e strate!y for locust control
Indian Polity 35 Mrunal
Slo' "s Ra%id nset disasters
Slo' onset disaster
Ra%id onset disaster
climate chan!e (!lobal 'armin!), desertification, soil de!radation, and dro u!hts,
Earthuaes, cyclones, floods, tsunamis
Also no'n as Cree%in! Emer!encies#their im%act is not felt immediately#
Climatic Chan!e •
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Climate chan!e is defined as =a statistically si!nificant "ariation in either the mean state of the climate for an e+tended %eriod (ty%ically decades or e"en lon!er) Global 'armin! caused due to the KGreenhouse effectL is one of the ma3or reasons for climate chan!e# Global 'armin! leads to meltin! of !laciers, rise in sea le"el and threatens lo' lyin! coastal areas (.ie the Sunderbans and entire nations such as Ban!ladesh and 2aldi"es) Combatin! !lobal 'armin! reuires ur!ent and concerted efforts by the international community# rou!hts
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rou!hts refer to a serious shortfall in a"ailability of 'ater, thus affectin! a!riculture, drinin! 'ater su%%ly and industry# rou!hts in India ha"e their o'n %eculiarities reuirin! a%%reciation of some basic facts# 0hese are4 India has an a"era!e annual rainfall of around --7* mmO no other country has such a hi!h annual a"era!e, ho'e"er, there is considerable annual "ariation 2ore than F*X of rainfall is recei"ed in less than -** days durin! the South'est monsoon and the !eo!ra%hic s%read is une"en# Inadeuacy of rains cou%led 'ith ad"erse landman ratio com%els the farmers to %ractice rainfed a!riculture in lar!e %arts of the country Irri!ation, usin! !round'ater a!!ra"ates the situation in the lon! run as !round'ater 'ithdra'al e+ceeds re%lenishmentO in the %eninsular re!ion a"ailability of surface 'ater itself becomes scarce in years of rainfall insufficiency esertification and Soil e!radation
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Any ind of land de!radation can be termed as desertification#
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0his can tae %lace due to soil erosion, increasin! alalinity in soil and 'aterlo!!in!
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.and de!radation is estimated to affect one third of the total area of the country
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%rocess of desertification is accelerated due to continuin! culti"ation#
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alalinity and salinity cou%led 'ith 'aterlo!!in! seriously reduces a!ricultural %roducti"ity and has !ra"e im%lications for our food security system#
Indian Polity 36 Mrunal
Sea Erosion •
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land'ard dis%lacement of the shoreline caused by the forces of 'a"es and currents is termed as erosion# Coastal erosion occurs 'hen 'ind, 'a"es and lon! shore currents mo"e sand from the shore and de%osit it some'here else# this results in %ermanent chan!es in beach sha%e and structure# 0he im%act of the e"ent is not al'ays seen immediately, but it is eually im%ortant 'hen 'e consider loss of %ro%erty that it causes#
It taes months or years to note the im%act# So, this is !enerally classified as a >long ter coastal haar"?
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/hile the effects of 'a"es, currents, tides and 'ind are %rimary natural factors that influence the coast,
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construction of artificial structures, minin! of beach sand, buildin! of dams
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About 6 %er cent of India&s mainland coastline of 7>6 m is !ettin! affected by erosion Crisis:isaster Res%onse 2echanism in India
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Arthashastra, (a treatise on %ublic administration by Chanaya in the >th century B#C), de"oted a section to miti!ation measures to combat famines
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2odern methods of crisis mana!ement be!an to be a%%lied from the late -FN*
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After Inde%endence, drou!ht relief 'ors 'ere undertaen in areas affected by se"ere drou!hts#
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/ith the onset of the !reen re"olution in the late -5?*s the necessity for famine relief 'or declined
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holistic drou!ht mana!ement %ro!ramme 'as taen u% in the form of the rou!ht Prone Areas Pro!ramme (0PAP)#
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.e!islation on disaster mana!ement at the national le"el 'as enacted in the year **7 'ith the isaster 2ana!ement Act, **7 isaster Res%onse 2echanism in India
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community is usually the first res%onder in case of a disaster
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in urban areas the res%onse is articulated by a!encies lie the ci"ic authorities, the fire bri!ade and the local %olice station
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At %resent, %anchayats do not ha"e the ca%acity to react in case of disaster#
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So, it is the district administration, 'hich retains the basic res%onsibility of handlin! crises situations 'ith the Collector %layin! a %i"otal role# Constitution of India4 isaster 2ana!ement
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Indian Constitution has s%ecified s%ecific roles for the @nion and State Go"ernments# Ho'e"er, the sub3ect of disaster mana!ement does not find mention in any of the three lists in the Se"enth Schedule of the Indian Constitution#
Indian Polity 37 Mrunal
State Go"ernment isaster 2ana!ement •
State Go"ernments %ost disaster relief and rehabilitation
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A fe' states ha"e created se%erate a isaster 2ana!ement e%artment# Role of C2
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a Ca;inet Coittee on .atural Calaities under the chair%ersonshi% of the Chief 2inister taes stoc of situations and is res%onsible for all im%ortant %olicy decisions# Role of Chief Secretary
E"ery state has a Crisis %anageent Coittee under the chair%ersonshi% of the Chief Secretary, •
It re"ie's crisis situations on a daytoday basis at the time of crisis,
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coordinates the acti"ities of all de%artments and %ro"ides decision su%%ort system to the district administration Role of istrict Collector
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•
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istrict 2a!istrate:Collector has the res%onsibility for the o"erall mana!ement of disasters in the district# All de%artments of the State Go"ernment includin! the %olice, fire ser"ices, %ublic 'ors, irri!ation etc# 'or in a coordinated manner under the leadershi% of the Collector durin! a disaster, e+ce%t in metro%olitan areas 'here the munici%al body %lays a ma3or role# istrict Collector also en3oys the authority to reuest for assistance from the Armed 8orces if circumstances so demand @nion Go"ernment isaster 2ana!ement
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@nion Go"ernment %lays a ey su%%orti"e role by o
Gi"in! %hysical and financial resources
o
early 'arnin! and coordination of efforts of all @nion ministries, de%artments and or!aniMations
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0ill recently, the e%artment of A!riculture had the nodal res%onsibility for mana!in! disasters#
•
After the Gu3arat earthuae in **-, this res%onsibility has been shifted to the 2inistry of Home Affairs
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2atters relatin! to nuclear, biolo!ical and chemical emer!encies are looed after by the Cabinet Committee on Security# Role of cabinet Secretary
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Cabinet Secretary, as the hi!hest e+ecuti"e officer, heads the ;ational Crisis 2ana!ement Committee (;C2C)# ;C2C can !i"e directions to any ministry, de%artment or or!aniMation for s%ecific action needed for meetin! the crisis situation# /here does the money come<
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After a natural disaster, Go"ernment has to tae do relief 'or#
Indian Polity 38 Mrunal •
0o finance such relief 'or, lot of money is reuired#
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0he allocation of this money is !o"erned by the recommendations of the 8inance Commission#
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8inance Commission is a%%ointed by the Go"ernment of India e"ery fi"e years#
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@nder the e+istin! scheme, each state has a cor%us of funds called Calamity Relief 8und (CR8)
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In case the funds under CR8 are not sufficient to meet the s%ecific reuirements, State Go"ernments can see assistance from the ;ational Calamity Contin!ency 8und (;CC8) Both these funds, as the names su!!est, are meant for relief and rehabilitation and do not co"er either miti!ation or reconstruction 'ors, 'hich ha"e to be funded se%arately by the State or @nion Go"ernment Role of Army
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0hey&re most effecti"e in dealin! 'ith ;atural isaster relief because of o
their ability to or!aniMe action in ad"erse !round circumstances,
o
0heir s%eed of o%erational res%onse and also their resources and sills (army en!ineer, doctors etc)
0hus, they %lay a ma3or role in assistin! the ci"il administration# 0hey %ro"ide communications, search and rescue o%erations, health and medical facilities, trans%ortation, %o'er, food and ci"il su%%lies, %ublic 'ors and en!ineerin!, in the immediate aftermath of ma3or disasters la's
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Essential Ser"ices 2aintenance Acts (ES2A) to ensure %ro"ision of essential ser"ices durin! the time of crisis# 0he Code of Criminal Procedure (Cr#P#C) still remains the most im%ortant Act to tacle crisis situations due to %ublic order %roblems Se%erate isaster 2ana!ement Act 'as enacted in **7# 0imeline of E"ents4 isaster 2ana!ement in India -55*s
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@nited ;ations decided to obser"e the -55*s as the International ecade of ;atural isaster Reduction (I;R)#
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;ational Go"ernments 'ere e+%ected to %ay s%ecial attention to measures to deal 'ith natural disasters -555
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Go"ernment of India Constituted a Hi!h Po'ered Committee (HPC) on isaster 2ana!ement#
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HPC came out 'ith a lar!e number of recommendations# **-
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8ollo'in! the Gu3arat earthuae, the Go"ernment of India too im%ortant %olicy decisions:measures for reformin! the disaster mana!ement system in the country# 0hese are4
Indian Polity 39 Mrunal •
isaster mana!ement 'as mo"ed from the %ur"ie' of the 2inistry of A!riculture to the 2inistry of Home Affairs
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Althou!h 2inistry of A!riculture retains the res%onsibility for drou!hts, %est attacs and hailstormsO
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State Go"ernments 'ere ad"ised to create se%arate isaster 2ana!ement e%artment
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State Go"ernments 'ere further ad"ised to constitute
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o
State isaster 2ana!ement Authority under the Chairmanshi% of State Chief 2inisters
o
istrict isaster 2ana!ement Committee under the Chairmanshi% of istrict Collectors
A s%ecialiMed force com%risin! ei!ht battalions to be named as ;ational isaster Res%onse 8orce to be constituted 'ith stateoftheart eui%ment and trainin! to res%ond to "arious natural and man made disastersO
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ad"anced fail%roof disaster communication net'or
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;ational Institute of isaster 2ana!ement 'as set u% at elhi for trainin! research
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Basics of disaster mana!ement to be introduced in school education
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disaster resistant technolo!ies to be introduced in en!ineerin! and architecture
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disaster 2ana!ement to%ic introduced in medical and nursin! education **7
8irst some fodder uotes for Essays related to Corru%tion and Ethics4 •
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All that is necessary for the trium%h of e"il is that !ood men do nothin! (Edmund Bure) 0he %unishment suffered by the 'ise 'ho refuse to tae %art in !o"ernment, is to suffer under the !o"ernment of bad men (Plato)
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Ri!hteousness is the foundation of !ood !o"ernance and %eace# (Confucius)
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2an himself must become ri!hteous and then only there shall be ri!hteousness in the 'orld#
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Be the chan!e you 'ish to see in the 'orld (Gandhi)
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0he line se%aratin! !ood and e"il %asses not bet'een states nor bet'een classesZ but throu!h the middle of e"ery human heart# (Alesandr SolMhenitsyn) /hat is Ethics<
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Ethics is a set of standards that hel%s !uide conduct#
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Ethics is a set of standards that society %laces on itself
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Ethics hel%s to !uide beha"iour, choices and actions of citiMens#
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0he Cru+ of ethical beha"iour does not lie in bold 'ords and e+%ression, but in their ado%tion in action#
Indian Polity 40 Mrunal •
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It may not al'ays be %ossible to establish the criminal offence of misa%%ro%riation in a court, but a Go"ernment ser"ant can still be remo"ed from ser"ice for unethical conduct# E#!# An en!ineer may ha"e deliberately %ermitted the construction of a defecti"e irri!ation dam or buildin!# It may not be %ossible to !et him con"icted in court on char!es of corru%tion but he could be remo"ed from ser"ice on !rounds of incom%etence# /hat is %roblem in Ethics<
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0he %resent codes of conducts are not direct and to the %oint#
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0hey are full of "a!ue sermons that rarely indicate %rohibitions directly#
=a* shoul be so succinct that it can be carrie in the pocket of the coat an it shoul be so simple that it can be unerstoo by a peasant (-4apoleon) Blame !ames •
/e al'ays find alibi for our la%ses by uotin! tres%ass from other democratic institutions, by resortin! to a blame !ame#
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le!islators blame the 3udiciary and "ice "ersa
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ci"il ser"ices blame interference by the %olitical e+ecuti"e or le!islatures and "ice "ersa#
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(but) 0he standard should be one of not only the conduct of Caesar&s 'ife but of Caesar himself#
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If any of the democratic institutions lea"es s%ace, the mafia or e+traconstitutional authority occu%ies that s%ace# /hat is Rule of .a'<
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Rule of la' measures 'hether crime is %ro%erly %unished or notO enforceability of contractsO e+tent of blac maretO enforceable ri!hts of %ro%ertyO e+tent of ta+ e"asionO 3udiciary&s inde%endenceO ability of business and %eo%le to challen!e !o"ernment action in courts etc
The purpose of a government is to make it easy for people to o goo an ifficult to o evil (/ritish # Glastone) •
0he 'ord =corru%t& is deri"ed from the .atin 'ord =corru%tus&, meanin! =to brea or destroy&#
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0he 'ord =ethics& is from the ori!inal Gree term ethios,meanin! =arisin! from habit&#
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Corru%tion is so dee%ly entrenched in the system that most %eo%le re!ard corru%tion as ine"itable and any effort to fi!ht it as futile# 0his cynicism is s%readin! so fast that it bodes ill for our democratic system itself# 0'o 1ie'%oints in 8i!htin! Corru%tion
8irst A%%roach4Instill 1alues
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0he im%licit assum%tion is that until "alues are restored, nothin! much can be done to im%ro"e the conduct of human bein!s
Indian Polity 41 Mrunal
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Second A%%roach4Punish the Guilty
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most human bein!s are fundamentally decent and socially conscious, but there is al'ays a small %ro%ortion of %eo%le, 'hich cannot reconcile indi"idual !oals 'ith the !ood of society# %ur%ose of or!aniMed !o"ernment is to %unish such de"iant beha"iour If !ood beha"iour is consistently re'arded and bad beha"iour consistently %unished, the bul of the %eo%le follo' the strai!ht and narro' %ath#
Both a%%roaches should be %ursued side by side because -#
1alues are needed to ser"e as !uidin! stars, and they e+ist i n abundance in our society# A sense of ri!ht and 'ron ! is intrinsic to our culture and ci"iliMation
# But 1alues 'ithout institutional su%%ort (and %unishment) 'ill soon be 'eaened and dissi%ated# 2indma% Chec this E+cellent 2indma% %re%ared from unthta#'ord%ress#com
6 8actors behind Corru%tion in India
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colonial le!acy of unchallen!ed authority and %ro%ensity to e+ercise %o'er arbitrarily#
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In a society 'hich 'orshi%s %o'er, it is easy for %ublic officials to de"iate from ethical conduct
colonialle!acy
Indian Polity 42 Mrunal
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asymmetry of %o'er
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asymmetry of %o'er in our society# ;early 5*X of our %eo%le are in the unor!aniMed sector# And nearly N*X of the or!aniMed 'orers 'ith 3ob security and re!ular monthly 'a!e are em%loyed by the state directly or throu!h %ublic sector undertain! Such asymmetry of %o'er reduces societal %ressure to conform to ethical beha"iour and maes it easy to indul!e in corru%tion#
In the %re.PG era, the o"er re!ulation, se"ere restrictions on economic acti"ity, e+cessi"e state control, nearmono%oly of the !o"ernment in many sectors and an economy of scarcity all created conditions conduci"e to unbridled corru%tion#
%%ortunity •
many state subsidies and beneficiaryoriented %ro!rammes enhanced o%%ortunities to indul!e in corru%tion and reduced the citiMens& ca%acity to resist e+tortionary demands#
0'o ty%es of Corru%tion
coerci"e corru%tion
CitiMens are forced to %ay bribes# (for e+am%le Ration card, ri"in! license, tele%hone connection)#
collusi"e corru%tion
Bribe !i"er and bribe taer benefit at immense cost to society# (for e+am%le G, Coal scam)
Post.PG Reform Era •
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mono%oly and discretion increase the %ro%ensity to corru%tion 'hile com%etition and trans%arency reduce corru%tion# 0ele%hones, steel, cement, su!ar and e"en t'o'heelers are amon! the many sectors, 'hich ha"e seen enhanced su%%ly and choice, reducin! or e"en eliminatin! corru%tion after .PG reforms# (.iberaliMation, Pri"atiMation and GlobaliMation)
•
'here"er technolo!y and trans%arency ha"e been introduced, corru%tion has been si!nificantly contained#
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o"ercentraliMation increases corru%tion
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0he more remotely %o'er is e+ercised from the %eo%le, the !reater is the distance bet'een authority and accountability
•
•
lar!e number of functionaries bet'een the citiMen and final decisionmaers maes accountability diffused and the tem%tation to abuse authority stron! Ri!ht to Information, effecti"e citiMens& charters ha"e dramatically curbed corru%tion and %romoted inte!rity and uality of decision main!# 0he 'ay ahead
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0he dere!ulation, liberaliMation and %ri"atiMation are not necessarily the solution to fi+ corru%tion#
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Public e+am%le has to be made out of %eo%le con"icted on corru%tion char!e#
•
All %rocedures, la's and re!ulations that breed corru%tion 'ill ha"e to be eliminated#
Indian Polity 43 Mrunal •
Ri!ht to information has to be the startin! %oint for some of these chan!es
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focus should be on e!o"ernance and systemic chan!e
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An honest system of !o"ernance 'ill dis%lace dishonest %ersons#
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Benami %ro%erties of corru%t %ublic ser"ants need to be forfeited, as also the assets ille!ally acuired from corru%t %ractices /histleblo'er le!islation has to be %ut in %lace to %rotect informants a!ainst retribution# Politics and Ethics
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it is unrealistic and sim%listic to e+%ect %erfection in %olitics in an ethically im%erfect en"ironment India 'as fortunate that hi!h standards of ethical conduct 'ere an inte!ral %art of the freedom stru!!le# @nfortunately, ethical ca%ital started !ettin! eroded after the transfer of %o'er# Election mother of corru%tion
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0here used to be time 'hen e+cesses in elections 'ere common for e+am%le im%erfect electoral rolls, im%ersonation, boothca%turin!, "iolence, inducements and intimidation, floorcrossin! after elections to !et into %o'er#
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Ho'e"er, Election Commission and the Su%reme Court ha"e taen se"eral ste%s since the late -5F*s
•
et, there is a 'ides%read "ie' that much more needs to be done to cleanse our %olitical system# CriminaliMation of %olitics
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It means %artici%ation of criminals in the electoral %rocess
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/hy rise of criminals in %olitics<
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%rotection for la'breaers on %olitical, !rou%, class, communal or caste !rounds
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%artisan interference in in"esti!ation of crimes and %oor %rosecution of cases,
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inordinate delays lastin! o"er years and hi!h costs in the 3udicial %rocess,
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mass 'ithdra'al of cases,
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Indiscriminate !rant of %arole# /hy Criminals enter %olitics<
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%%ortunity to con"ert the %olicemen from bein! %otential ad"ersaries to allies# o%%ortunity to influence in"esti!ations of crimes# /hy Political %arties allo' criminals<
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As for %olitical %arties, a criminal indi"iduals is a =tool& to secure "otes throu!h use of money and muscle %o'er#
Indian Polity 44 Mrunal
Election reforms already in %rocess •
Im%ro"ement in Accuracy of Electoral Rolls#
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%ro"ision of %hotoidentity cards for all "oters
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Su%reme Court has directed that a candidate should declare any con"iction by a court or 'hether a criminal case is %endin! a!ainst him
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EC has directed e"ery candidate to file a declaration of assets and liabilities of the candidate and family members#
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Article 6> EC has %o'er to to Ksu%erintend, control and directL elections#
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@sin! this %o'er, Election Commission has made the Code of Conduct for elections bindin! in all res%ects#
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Similarly, EC has %ut %rohibition of festoons:cutouts,
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reuired candidate to file on daily e+%enditure statements, durin! Election cam%ai!ns#
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a%%ointment of a lar!e number of obser"ers, orderin! of re%oll in s%ecific %ollin! booths#
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Electronic "otin! machines ha"e been introduced throu!hout the country (in the %arliamentary elections of **>)#
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It has been decided that the death of an inde%endent candidate 'ould not lead to the cancellation of an election# Election 8undin!
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.ar!e, ille!al and ille!itimate e+%enditure in elections is another root cause of corru%tion#
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/hile there are formal limits to e+%enditure, in reality, actual e+%enditure is alle!ed to be far hi!her#
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0herefore Cleansin! elections is the most im%ortant route to im%ro"e ethical standards in %olitics 0hree Patterns of State 8undin! of Elections
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Internationally, there are three broad %atterns of state fundin! for %olitical %arties and elections
minimalist %attern
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ma+imalist %attern
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mi+ed %attern
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@D, Ireland, Australia, ;e' [ealand and Canada are e+am%les of this %attern
%ublic fundin! not merely for elections but e"en for other %arty acti"ities, as in S'eden and Germany#
%artial reimbursement for %ublic fundin! of elections as in 8rance, ;etherlands and South Dorea
Election 8undin! In India •
Re%resentation of the Peo%le Act %uts limits on election e+%enditure,
Indian Polity 45 Mrunal •
com%any donations to %olitical %arty 'ere banned in -5?5 but later allo'ed by an amendment of the Com%anies Act in -5F7 inesh Gos'ami Committee on Electoral Reforms
•
set u% in -55*
•
recommended limited su%%ort, in ind, for "ehicle fuel, hire char!es of micro%hones, co%ies of electoral rolls etc#,
•
It also recommended a ban on com%any donations# Indra3it Gu%ta Committee on State 8undin! of Elections
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Recommended %artial state fundin! mainly in ind for certain essential items# Election and ther Related .a's Act **6
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Gi"es 8ull ta+ e+em%tion to indi"iduals and cor%orates on all contributions to %olitical %arties
•
isclosure of %arty finances and contributions o"er Rs#*,***#
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Pro"ides Indirect %ublic fundin! to candidates of reco!niMed %arties $ includin! free su%%ly of electoral rolls
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Euitable sharin! of time by the reco!niMed %olitical %arties on the cable tele"ision net'or and other electronic media (%ublic and %ri"ate) nd ARC Recommendation4
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A system for %artial state fundin! should be introduced in order to reduce the sco%e of ille!itimate and unnecessary fundin! of e+%enditure for election# antidefection le!islation
•
0enth Schedule 'as enacted in -5F7
•
It fi+ed a certain number abo"e 'hich defection in a !rou% 'as %ermitted in the house#
•
•
(but) .e!alisin! such selecti"e defection ho'e"er, %ro"ided o%%ortunities for trans!ressin! %olitical ethics and o%%ortunism %ermittin! defection in any form or conte+t is a tra"esty of ethics in %olitics# 5-st Amendment **6
•
•
•
•
It ti!htened the antidefection %ro"isions of the 0enth Schedule, enacted earlier in -5F7 ;o' mandatory for all those s'itchin! %olitical sides $ 'hether sin!ly or in !rou%s $ to resi!n their le!islati"e membershi%# 0hey no' ha"e to see reelection if they defect and cannot continue in office by en!ineerin! a =s%lit& of onethird of members, or in the !uise of a =continuin! s%lit of a %arty& bars le!islators from holdin!, %ostdefection, any office of %rofit
Indian Polity 46 Mrunal •
0his Amendment has thus made defections "irtually im%ossible and is an im%ortant ste% for'ard in cleansin! %olitics Anti efection 4 EC
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•
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Election Commission has also insisted on internal elections in %olitical %arties to elect their leaders# Election Commission has recommended that the uestion of disualification of members on the !round of defection should also be decided by the President:Go"ernor on the ad"ice of the Election Commission# 0herefore, nd ARC recommends that the issue of disualification of members on !rounds of defection should be decided by the President:Go"ernor on the ad"ice of the Election Commission
isualification of Candidate •
•
•
•
•
Gi"en the delays in our criminal 3ustice system, disualification after con"iction for crimes may be an insufficient safe!uard# 0here are candidates 'ho face !ra"e criminal char!es lie murder, abduction, ra%e and dacoity, unrelated to %olitical a!itations# 0here is need for a fair reconciliation bet'een the candidate&s ri!ht to contest and the community&s ri!ht to !ood re%resentation# election outcome must be decided by the %eo%le 'ho are the ultimate so"erei!ns throu!h the ballot bo+# nd ARC recommends that Re%resentation of the Peo%le Act needs to be amended to disualify all %ersons facin! char!es related to !ra"e and heinous offences and corru%tion# But only for the cases filed si+ months before an election 'ould lead to such disualification Publication of Accounts by Political Parties
•
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Political %arties ha"e a res%onsibility to maintain %ro%er accounts of their income and e+%enditure and !et them audited annually# 0his needs to be acted u%on early# 0he audited accounts should be a"ailable for information of the %ublic# Coalition Politics and Ethics
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•
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Coalitions are often necessitated because it is difficult today for a sin!le %arty to obtain a clear ma3ority in the .e!islature# ethics of coalition !o"ernment is, ho'e"er, seriously strained 'hen the coalition %artners chan!e %artnershi%s midstream and ne' coalitions are formed, %rimarily dri"en by o%%ortunism and cra"in! for %o'er nd ARC recommends that Constitution should be amended to ensure that if one or more %arties in a coalition reali!n midstream 'ith one or more %arties outside the coalition, then 2embers of that %arty or %arties shall ha"e to see a fresh mandate from the electorate# CEC A%%ointment method should be chan!ed
•
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Article 6> Chief Election Commissioner:Commissioners are to be a%%ointed by the President on the ad"ice of the Prime 2inister (but) Heads of other statutory bodies are a%%ointed based on the recommendations of a broad based Committee# 8or e+am%le
Indian Polity 47 Mrunal
Head
Selection Committee
Chief 1i!ilance Commissioner (C1C)
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P2
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H2
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%% .eader .o Sabha
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;ational Human Ri!hts Commission (;HRC)
P2
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H2
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%% .eader .o Sabha
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%% .eader Ra3ya Sabha
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S%eaer
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e%ty# Chairman Ra3ya Sabha
nd ARC recommends that CEC and other EC should be selected throu!h such Committee# is%osal of Election Petitions •
at %resent Election %etitions in India are to be filed in the Hi!h Court
•
such %etitions should be dis%osed of 'ithin a %eriod of ? months (reuired under Re%resentation of Peo%les Act)
•
•
•
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(but) In actual %ractice ho'e"er, such %etitions remain %endin! for years and in the mean'hile, e"en the full term of the House e+%ires thus renderin! the election %etition infructuous# ;ational Commission to Re"ie' the /orin! of the Constitution (;CR/C) headed by 1enatchelliah, recommended that s%ecial election benches should be constituted in the Hi!h Courts for the dis%osal of election %etitions nd ARC Recommends that S%ecial Election 0ribunals should be constituted at the re!ional le"el under Article 66B# 0hese S%ecial Election 0ribunals 'ill ensure s%eedy dis%osal of election %etitions and dis%utes 'ithin a sti%ulated %eriod of si+ months# isualification for 2embershi% (art#-*)
Article -* of the Constitution %ro"ides for disualification for membershi% of either House of Parliament under follo'in! situations4 •
if he holds any office of %rofit under the Go"ernment of India or the Go"ernment of any State
•
if he is of unsound mind and stands so declared by a com%etent courtO
Indian Polity 48 Mrunal •
if he is an undischar!ed insol"entO
•
if he is not a citiMen of India,
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if he "oluntarily acuired the citiMenshi% of a forei!n State
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if he is under any acno'led!ement of alle!iance or adherence to a forei!n StateO
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if he is so disualified under the 0enth Schedule (efection) Ethics in Public .ife
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in a democracy, all %ersons holdin! authority deri"e it from the %eo%le#
•
all %ublic functionaries are trustees of the %eo%le#
•
hi!her the echelon in %ublic ser"ice, the !reater is the ambit of discretion
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0herefore it is difficult to %ro"ide la's and rules that can re!ulate the e+ercise of discretion in hi!h %laces
Corruption an hypocrisy ought not to be inevitable proucts of emocracy as they unoubtely are toay (Ganhi) ;olan Committee of @nited Din!dom •
It outlined the follo'in! se"en %rinci%les of %ublic life
-#
Selflessness4Inte!rity,b3ecti"ity,Accountability,%enness,Honesty,.eadershi% Code of Conduct for 2inisters Before becomin! minister
%erson shall disclose to the Prime 2inister, or the Chief 2inister, •
His assets and liabilities,
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business interests, of himself and of members of his family
•
all immo"able %ro%erty
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shares and debentures
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cash holdin!s
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3e'ellery
and He shall se"er all connections, 'ith the conduct and mana!ement of any business in 'hich he 'as interested before his a%%ointment as 2inister# /hile bein! 2inister •
so lon! as he remains a 2inister, he shall furnish annually by the 6- st 2arch to the Prime 2inister, or the Chief 2inister, as the case may be, a declaration re!ardin! his assets and liabilities#
Indian Polity 49 Mrunal •
refrain from buyin! from or sellin! to, the Go"ernment any immo"able %ro%erty
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refrain from startin!, or 3oinin!, any businessO
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ensure that the members of his family do not start, or %artici%ate in, business concerns, en!a!ed in su%%lyin! !oods or ser"ices to that Go"ernment
•
if any member of his family sets u%, or 3oins in the conduct and mana!ement of, any other business#
•
re%ort the matter to the Prime 2inister, or the Chief 2inister
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;o 2inister shoul acce%t contribution for any %ur%ose, 'hether %olitical, charitable or other'ise, %ersonally, or throu!h a member of his family,
•
•
;o 2inister should not %ermit their s%ouse and de%endents to acce%t em%loyment under a 8orei!n Go"ernment# A 2inister shouldnot acce%t "aluable !ifts e+ce%t from close relati"es, and he or members of his family should not acce%t any !ifts at all from any %erson 'ith 'hom he may ha"e official dealin!s#
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A 2inister should a"oid attendin!, as far as %ossible, ostentatious or la"ish %arties !i"en in his honour#
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He should stay in accommodation belon!in! Go"ernment such as circuit houses, da bun!alo's etc) 8orei!n Gifts
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A 2inister may recei"e !ifts 'hen he !oes abroad or from forei!n di!nitaries in India
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0hese !ifts are of t'o ty%es -4 Symbolic !ifts
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'hich are of symbolic nature, lie a s'ord of honour, ceremonial robes
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It can be retained by the reci%ient minister 4 ;onSymbolic !ifts
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second cate!ory of !ifts 'ould be those 'hich are not of symbolic nature
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If its "alue is less than Rs# 7,***: it can be retained by the 2inister#
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ther'ise he 'ill ha"e the o%tion to %urchase it from the 0oshahana
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nly !ifts of household !oods 'hich are retained by the 0oshahana, such as car%ets, %aintin!s, furniture etc#
•
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0hey 'ill be e%t in Rashtra%ati Bha"an, Prime 2inister&s House or Ra3 Bha"an as State %ro%erty# Commission nd ARC on 2inisters& code of conduct
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2inisters in the .o Sabha must ee% se%arate their roles as 2inister and constituency memberO
Indian Polity 50 Mrunal •
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•
•
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2inisters must not use !o"ernment resources for %arty or %olitical %ur%oses 2inisters must u%hold the %olitical im%artiality of the Ci"il Ser"ice and not as ci"il ser"ants to act in any 'ay, 'hich 'ould conflict 'ith the duties and res%onsibilities of ci"il ser"antsO edicated units should be set u% in the offices of the Prime 2inister and the Chief 2inisters to recei"e %ublic com%laints re!ardin! "iolation of the Code of Conduct Prime 2inister or the Chief 2inister should ensure the obser"ance of the Code of Ethics and the Code of Conduct by 2inisters# e"en in the case of coalition !o"ernments 'here the 2inisters may belon! to different %arties nd ARC on .e!islators& Code of Conduct
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Ethics Committees should be constituted in each house#
•
Ethics Commissioner may be constituted by each House of Parliament#
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•
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0hey 'ould assist the Committee on Ethics in the dischar!e of its functions, and ad"ise 2embers, 'hen reuired, and maintain necessary records# =Re!isters of 2embers& Interests& may be maintained 'ith the declaration of interests by 2embers# 0he Rules of the @S Con!ress and the Australian and Canadian Parliaments do not allo' a le!islator to "ote if they ha"e a direct %ecuniary interest# Se%aration of Po'ers4 E+ecuti"e "s .e!islati"e
-4 !i"in! offices •
/e acce%ted the /estminster model because of familiarity and historical association#
•
In this model, the e+ecuti"e (Council of 2inisters) is dra'n from the le!islature
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•
•
•
•
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/hile in theory, the le!islature holds the !o"ernment to account, in reality it is often noticed that the !o"ernment controls the le!islature as lon! it has a ma3ority in the House# 0herefore, Go"ernments often ha"e to a%%oint many ministers only to %lacate the ambitions of coaliation %artners or faction leaders of their o'n %arty# 0his led of inflation of ministers# 0he 5-st Amendment to the Constitution enacted in **6 limited the siMe of Council of 2inisters to -7X of the .o'er House# So no', Go"ernments (E+ecuti"e) try to %lacate the coaliation %artners or faction leaders of their o'n %arty by !i"in! them Chairmanshi%s of Cor%orations, Parliamentary Secretaryshi%s of "arious ministries, and other offices of %rofit as so%s to satisfy their as%irations for ran, status and %ri"ile!e and a 'ay of buyin! %eace for the !o"ernment# 0herfore there is a need to e+amine this issue#
Indian Polity 51 Mrunal
4 2P.AS •
•
•
•
le!islators are em%o'ered to sanction %ublic 'ors and authoriMe e+%enditure of funds !ranted under 2P.As and 2.A.As scheme# these schemes do seriously erode the notion of se%aration of %o'ers as the le!islator directly becomes the e+ecuti"e# (because) le!islators do not directly handle %ublic funds under these schemes, as these are under the control of the istrict 2a!istrate is fla'ed In fact, no 2inister directly handles %ublic money# E"en the officials do not %ersonally handle cash, e+ce%t the treasury officials and disbursin! officers# nd ARC on Se%aration of Po'ers
•
•
•
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All offices in"ol"in! e+ecuti"e decision main! and control of %ublic funds, includin! %ositions on the !o"ernin! boards of %ublic undertain!s and statutory and nonstatutory authorities directly decidin! %olicy or mana!in! institutions or authoriMin! or a%%ro"in! e+%enditure shall be treated as offices of %rofit, and no le!islator shall hold such offices# If a ser"in! 2inister by "irtue of office, is a member or head of certain or!aniMations lie the Plannin! Commission 'here coordination and inte!ration is "ital for the daytoday functionin! of !o"ernment, it shall not be treated as office of %rofit# Schemes such as 2P.AS and 2.A.AS should be abolished 2embers of Parliament and 2embers of State .e!islatures should be declared as =Public Authorities& under the Ri!ht to Information Act, e+ce%t 'hen they are dischar!in! le!islati"e functions# Concludin! 'ords
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All !reat democracies 'ent throu!h the tortuous %rocess of democratic transformation, 'hich included corru%tion and blatant misuse of %o'er#
•
India has the stren!th and resilience to build a !reat democracy
•
(but) /e need to %romote a culture of Merotolerance of corru%tion
•
and men and 'omen of inte!rity, com%etence should enter %olitics#
This is the gist of 0n A3C7s &th report :?,thics in Governance?$ (upto Chapter @0 inus ,thical >rame*ork for /ureaucrats uges an 3egulators$)
0he 2ember of Parliament .ocal Area e"elo%ment i"ision is entrusted 'ith the res%onsibility of im%lementation of 2ember of Parliament .ocal Area e"elo%ment Scheme the scheme, each 2P has the choice su!!est to the istrict Collector for, 'ors to the tune of Rs#7 Crores(2P.AS)# %er annum @nder to be taen u% in his:her constituency# 0heto Ra3ya Sabha 2ember of Parliament can recommend 'ors in one or more districts in the State from 'here he:she has been elected# 0he ;ominated 2embers of the .o Sabha and Ra3ya Sabha may select any istricts from any State in the Country for im%lementation of their choice of 'or under the scheme# 0he e%artment has issued the !uidelines on Scheme Conce%t, im%lementation, and monitorin!# 0he e%artment has initiated all necessary ste%s to ensure that the scheme is successfully im%lemented in the field# 0he %ro!ress of the 'ors bein! im%lemented under the scheme is monitored on a re!ular basis 999999999999999999999999999999999999999999999999999999999999999999999999999
Indian Polity 52 Mrunal
Indecent Re%resentation of /omen4 IR/A Act amendment @hat is !R@A •
•
Indecent Re%resentation of /omen (Prohibition) Act, (IR/A) 'as enacted -5F*# /hy< Ans# 0o %rohibitin! the indecent re%resentation of 'omen throu!h ad"ertisement, %ublication, 'ritin!, and %aintin!# @h& "o e nee" to aen" it
•
•
Because the e+istin! Act, in its %resent form, co"ers the %rint media# But, o"er the years, technolo!ical re"olution has resulted in the de"elo%ment of ne'er forms of communication Internet, youtube, S2S, 22S, Cable 01, irect to Home (0H) 01, etc#
•
0herefore, 'e need to 'iden the sco%e of the la' so as to co"er these ne' forms of media#
•
9 need to increase the %unishment# Proose" aen"ents
In ct *-, the @nion Cabinet a%%ro"ed follo'in! Amendments in IR/A -5F? -#
la' 'ill co"er the audio"isual media and material in electronic form#
# Penalties to be enhanced
2a+imum 3ail
8ines
8irst con"iction
years 6
7* lah to -
Re%eat offender
years N
lah - to lahs 7
-
Police officers not belo' the ran of Ins%ectors 'ill be authoriMed to carry out search and seiMure# CritiBues of !R@A aen"ent
0he mo"e has not !one do'n 'ell 'ith the tele"ision, online and ad"ertisin! industries# E+ecuti"es fear the la' may be abused by the !o"ernment to censor content# -#
the issues the amendments deal 'ith, are alr eady co"ered under in the I0 Act and they ha" e e"en stron!er %unishments than the ones !i"en in IR/A Act#
# 0here should be !uidelines or %arameters that define KindecentL, else the amendments can, at best, be described as KblurryL# /hat constitutes KindecentL is sub3ecti"e# 2ost 'orryin! is that 'hat constitutes indecent 'ill be left to a %olice ins%ector to decide# 6# Indecent re%resentation of any !ender across any form of media is not acce%table /hether it is male, female or child# Hence the name of the Act should be Indecent Re%resentation of (Prohibition) Act, (IRA) instead of Indecent Re%resentation of @oen (Prohibition) Act# Constitutional angle:
Indian Polity 53 Mrunal
-#
8undamental duty (Art 7-)4 It should be duty of e"ery citiMen of Inida to renounce %ractices dero!atory to the di!nity of 'omen#
# ;ational Commission for /omen (;C/O a Statuto ry body) re"ie's the Constitutional and .e!al safe!uards for 'omen#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Ri!hts of Persons 'ith 2ental illness and Public Health 2ental Healthcare Bill4 8eatures, Criticism 0'o issues 'ith 2ental illness -4 0aboo •
•
•
2ental illness is curable 3ust lie a %hysical disease# Althou!h there are some diseases 'here -**X cure is not a"ailable but still 'ith the use of dru!s and thera%y, a %atient can ser"e as a %roducti"e member of the society# et there e+ists lot of sti!ma and misunderstandin! in the society# By and lar!e, society belie"es that if a %erson 'as mentally ill, he 'ill remain mentally ill fore"er# 0herefore such %erson has hard time findin! a 3ob:bride:!ettin! acce%ted by the society# Abuse
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•
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Sometimes the relati"es of mentally ill %ersons, are interested in lod!in! him into the asylum fore"er to !rab his %ro%erty# Sometimes family members donot send the mentally ill %erson to the asylum fearin! that his brothers and sisters 'on&t find suitable marria!e %artners# 0hen such %erson is forcibly confined at home, sometimes e"en chained and illtreated# 0here are many bo!us mental health care institutes, 'here %atients are illtreated, sometimes e"en se+ually abused#
0he raft 2ental Healthcare bill, tries to fi+ both this issues# /hat is 2ental Illness< •
•
a disorder of mood, thou!ht, %erce%tion, orientation and:or memory# Includes mental conditions associated 'ith the abuse of alcohol and dru!s, but eclu"es ental retar"ation # not be forced to 'ear uniforms %ro"ided by the hos%ital# 7#
0o be %rotected from all forms of %hysical, "erbal, emotional and se+ual abuse#
?# ;o Electrocon"ulsi"e thera%y or shoc thera%y for minors N#
8or adult %atient EC0:Shoc thera%y only 'ith use of anesthesia#
F# ;o SteriliMation of men or 'omen 5# ;o chainin! of the %atients -*# %ro"ision for food, s%ace, and articles of %ersonal hy!iene durin! the stay in hos%ital# --# ha"e facilities for leisure, recreation, education and reli!ious %ractices# Ri!ht to Personal Contacts communication -#
A %atient in mental asylum has the ri!ht to refuse or recei"e "isitors#
# He shall be allo' ed to mae a reaso nable number of tele%hone:mobile %hone calls at reasonable times of the day# 6# He shall be allo'ed send and recei"e mail and email# Ri!ht to Information
Indian Polity 56 Mrunal
-#
A %erson 'ith mental illness and his ;ominated Re%resentati"e shall ha"e the ri!ht to no' the nature men tal illness and the %ro%osed treatment %lan includin! the side effects of dru!s#
# If the %atient is unable to understand such information because of his illness, still his nominated re%resentati"e can as for the information# 6# /hen the treatment is com%lete, the e+%atient can as for all the details re!ardin! the treatment and medicines !i"en to him# Ri!ht to mae Com%laints •
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A mentally ill %erson or his nominated re%resentati"e can com%laint for eficiencies or %oor uality of treatment !i"en in the hos%ital to the State 2ental Health Authority and if not satisfied 'ith the res%onse he can a%%roach State Panel of the 2ental Health Re"ie' Commission ;o %unishment for Suicide Attem%t
•
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Any %erson 'ho has attem%ted to commit suicide shall be e+amined by a %sychiatrist# If the %sychiatrist certifies that the %erson has a mental illness, then such %erson cannot be %rosecuted for attem%ted suicide under Indian Penal Code (Section 6*5)# Criticism
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•
•
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0his can only be described as a sto%!a% arran!ement# 0he section 6*5 of Indian Penal Code should be deleted# ;o %erson should be tried for attem%tin! suicide, irres%ecti"e of 'hat %sychiatrist says about his mental condition# 0he only countries in 'hich attem%t to suicide is %unishable are India, Paistan, Ban!ladesh and 2alaysia# 0he %enalty had its roots in the reli!ion that considered life and death as !odly acts o"er 'hich man should not ha"e any control, not'ithstandin! the le!ality of ca%ital %unishment# But Scientific studies ha"e %ro"ed that a %erson attem%tin! suicide is a "ictim of circumstances and deser"es sym%athy and %sychiatric treatment, rather than %unishment# Ri!ht to .e!al Aid
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Person 'ith mental illness shall be entitled to recei"e free le!al ser"ices to e+ercise any of the ri!hts !i"en to him# uties of Go"ernment
•
•
0hrou!h tele"ision, radio, %rint and online media, dis%lay ads to create a'areness and reduce sti!ma associated 'ith mental illness# Go"ernment shall setu% follo'in! authorities for securin! the ri!hts of 2entally ill %atients# Authority -4 2ental Health Re"ie' Commission
•
HJ4 2umbai Com%osition
-#
President ser"in!: retired Chief ustice of a Hi!h Court
Indian Polity 57 Mrunal
# Psychiatrist 'ith at least -7 years e+%erience 6# a %erson 'ith mental illness or re%resentati"e of %ersons 'ith mental illness and, ># re%resentati"e of families and care!i"ers to %ersons 'ith mental illness or ;G in the field of mental health, and 7#
ne member 'ith a bac!round in %ublic health administration# 8unctions
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A%%oint and remo"e members of the State Panels
•
Gi"e !uidance to the State Panel
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Ad"ise the Central Go"ernment on matters relatin! to the %romotion and %rotection of ri!hts of %ersons 'ith mental illness Authority4 State Panels of the 2ental Health Re"ie' Commission Com%osition
-#
Chairman4 Ser"in! : retired istrict ud!e
# Re%resentati"e of the istrict Collectors 6# healthcare %rofessionals ># Persons 'ith %ast mental illness: care !i"ers: ;Gs 8unctions •
•
It&ll entertain the com%laints from mentally ill %ersons : their nominated re%resentati"es# In e+ce%tional circumstances, the State Panel shall acce%t an a%%lication made "erbally o"er tele%hone from a %erson admitted to a mental health establishment#
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It&ll ha"e 3udicial %o'ers to call for e"idences, 'itnesses#
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It can im%ose %unishment ran!in! from si+ months to t'o years and:or fine from Rs -*,*** to Rs fi"e lah
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1isit 3ails to mae sure no mentally ill %erson is forcibly lod!ed in it#
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Re!istration, rene'al and modification of ad"anced directi"es (and maintain electronic database) and !i"e that database to concerned %sychiatrist# (e+%lained in bottom %art of this article) Authority64 State 2ental Health Authority
•
0his 'ill be made u% of Secretary, e%artment of Health, State Go"ernment and other Go"ernment officials# 8unctions of State 2ental Health authority
-#
Ins%ect and re!ister all mental health establishments in the state#
# maintain and %ublish (includin! online on the internet) a re!ister of such establishments#
Indian Polity 58 Mrunal
6# su%er"ise all mental health establishments in the State and recei"e com%laints about deficiencies in %ro"ision of ser"ices# ># mae rules and re!ulations for the re!istration of clinical %sycholo!ists, mental health nurses and %sychiatric social 'orers in the State# 7#
0rain 3udicial officers, %olice officers, mental health %rofessionals etc# about the %ro"isions and im%lementation of this Act#
?# Ad"ise the State Go"ernment on all matters relatin! to mental health care and ser"ices# uties of Police fficers /anderin! %eo%le •
If the %olice officer belie"es that +yM %erson 'anderin! around his area, and has mental illness then he shall to tae him to the nearest %ublic health establishment# 0'o situations can ha%%en
Situation -4 •
If the %sychiatrist certifies that +yM %erson has mental illness, then
•
Police officer shall lod!e an 8IR of missin! %erson, try to find the relati"es:family members of that %atient#
•
he&ll %roduce the %atient in front of ma!istrate, and ma!istrate 'ill send him to a mental asylum for treatment#
Situation 4 •
•
•
If the %sychiatrist certifies that +yM %erson doesn&t ha"e mental illness, then
Such %erson 'ill be sent to either his home or to Go"ernment establishment for homeless %eo%le# In either situation, a homeless:'anderin! %erson cannot be loced u% in %olice custody# Cruel family members
•
•
If the %olice officer belie"es that +yM %erson li"in! (not 'anderin!) in his area, has some mental illness but he is forcibly confined in his home or ne!lected or mistreated by his family members# (3ust lie Anu%am Dher in the mo"ie K /etaaL) 0hen the %olice officer shall brin! this matter before a 2a!istrate, 'ho shall decide the future course of action# uties of Prison Authorities
•
0he 2edical officer of e"ery 3ail shall send uarterly re%orts to the State Panel that there are no %risoners 'ith mental illness in my 3ail#
All sounds 'ell and !ood until no'# But still the e+%erts are criticiMin! this bill hea"ily, 'hy< .et&s e+amine those %ro"isions of the bill# ia!nosis and treatment 0here are t'o ty%es of %atient4 Inde%endent %atients4 Ad"anced irecti"es
Indian Polity 59 Mrunal
-#
0hose in a early sta!e : mild dis ease# 0hey are a'are of 'hat they &re doin! and they&re ca%able of main! decisions e#!# Kyes I feel I&"e +yM disease and I need to !et treatedL
# 0hese %eo%le can 'rite an a%%lication called Kad"anced directi"esL this is similar to %ro%erty 'ill# It lists the directi"es lie 'here do you 'ant to !et treatment, 'ho is your nominated re%resentati"es to decide treatments or le!al actions on your behalf etc# 6# State Panels of the 2ental Health Re"ie' Commission 'ill ee% this database and %ro"ide it to the concerned hos%ital or %sychiatrist# Inca%able %atient -#
0hose 'ho are sufferin! from some se"ere mental disease:emer!ency situation
# 0hey&re com%letely de%endent on family and relati"es for e"ery decision# 6# Such %erson can be admitted to a mental care institute on the 'ritten consent by his !uardian:nominated re%resentati"e# But he cannot be e%t in the institute for more than 6* days# After e"ery 6* day, the %sychiatrists 'ill ha"e to !i"e certificate 'hether he is treated or reuired further medical care# ># State Panels of the 2ental Health Re"ie' Commission 'ill ee% an eye on such cases# Criticism •
•
•
•
•
0he State Panels 'ill be usually understaffed, they cannot %hysically "isit and chec e"ery %atient# And this !i"e am%le o%%ortunity to abuse the la' for e+am%le A %ri"ate mental institute has %rofit moti"e to ee% 'ritin! re%orts that %erson still needs treatment after e"ery 6* days# If the family members:relati"es of the %atient 'ant to !rab his %ro%erty, they&ll also not raise ob3ection to abo"e %ractice# In fact they mi!ht encoura!e the %ri"ate institute to ee% the %atient lod!ed in fore"er# 0hus this bill de%ri"es liberty of disabled %ersons and fa"ours medical %rofessionals and %sychiatrists# the role of the 3udiciary has been taen off and a %sychiatrist can decide 'hether a %erson can be %ut in mental asylum or not# 2inor Patient
•
A %erson less than -F years shallnot be admitted to mental care institute e+ce%t in e+ce%tional circumstances#
•
He cannot be !i"en Electro Con"ulsi"e 0hera%y (EC0) or shoc thera%y# Criticism
Bannin! of Electro Con"ulsi"e 0hera%y (EC0) or shoc thera%y alto!ether in minors can be a %roblem because many a time it is an emer!ency lifesa"in! %rocedure# Say a -?yearold 'ith se"ere de%ression is 'heeled into the P 'ith indications of suicidal ideationO do 'e not !i"e him EC0< 0he le!al %ro"isions should not affect the medical as%ects of care#L (r Roy Abraham Dalli"ayalil, national %resident of Indian Psychiatry Society) Com%ulsory re!istration of 2ental Health Establishments •
Bill says ;o %erson or or!aniMation shall run a mental health establishment unless it has been re!istered 'ith the State 2ental Health Authority# ou&"e to a%%ly, they "isit and ins%ect your %remises and !i"e you the license#
Indian Polity 60 Mrunal
Criticism -#
/ill lead to licenseins%ectorbribery ra3#
# 0he %enalty %ro"isions are not deterrent enou!h, as there is only a fine of Rs 7*,* ** %ro%osed on the first of fence 6# 0here is no sco%e for !e neral hos%ital care of %sychi atry# 2entally ill %erso ns ha"e to be treated in se%a rate re!istered institutions# ># /e ha"e only >,*** %syc hiatrists in !o"ernment and %ri"ate sec tor to!ether# Com%ulsory re!istration 'ould lead to many %ri"ate hos%itals shuttin! sho%# 0his 'ould add to the e+istin! shorta!e of s%ecialists# 2edical Research on Patient •
2edical %rofessionals can conduct research, on %atients 'ith mental illness $ includin! testin! of dru!s, but only after tain! 'ritten consent of %atient or his nominated re%resentati"e: !uardian# Criticism
•
•
Pri"ate hos%itals ha"e %rofit moti"e in allo'in! %harma com%anies to conduct research# And if such com%anies offer money to nominated re%resentati"e:relati"es, then ima!in! the %li!ht of a %atient they 'ill be turned into Guinea %i!s# Bill needs more strin!ent %ro"isions and o"ersi!ht o"er medical research on mentally ill %atients#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 /hat is Central Ad"isory Board of Education (CABE)< •
-#
It is the hi!hest ad"isory body to ad"ise the @nion and State Go"ernments in the field of education# Particularly for the matters related to Re"ie' of the ;ational Policy on Education, in the li!ht of the si!nificant socioeconomic and sociocultural de"elo%ments tain! %lace in the country#
# Girls Education and the Common School System 6# @ni"ersaliMation of Secondary Education ># Inte!ratin! Culture Education in the School Curriculum 7#
Re!ulatory 2echanism for the 0e+t Boos and %arall el te+t boos tau!ht in scho ols outside the Go"ernment system
?# Autonomy and 8inancin! of Hi!her and 0echnical Education# Com%osition :2embers •
HR minister chairman
•
2inisters:officials of @nion, State, @0 from rele"ant e%artments (Education, Science, 0ribal, Social ustice etc)
•
? 2Ps
•
Re%resentati"es from schools, academicians, ;Gs etc#
Indian Polity 61 Mrunal
/hy in ;e's< Because CABE has come u% 'ith a KProhibition of @nfair Practices in Schools Bill *-L b3ecti"es of the bill< -#
Put an end to the unfair %ractices %re"alent in Indian schools#
# Protect the interests of teachers and students# @nfair Practices Prohibited under the Bill
E+%loitation of 0eachers -#
recruitin! teachers 'ithout ualification
# recruitin! teachers on %arttime basis# 6# !i"in! teachers and other administrati"e staff lesser salary than sho'n in the s chool records# ># E+%loitation of teachers throu!h "arious other means (e#!# asin! them to teach in more than one school ran by the same 2ana!ement#) E+%loitation of %arents -#
emandin! ca%itation fees:donation for admi ssion#
# ;ot !i"in! the recei%ts of fees%ayment# 6# Char!in! fees for information brochure, %ros%ectus, admission form or an admission test (0hey&ll ha"e to %ro"ide all such information on its 'ebsite or notice board#) ># forcin! students to %urchase boos, uniforms and other stationery from a %articular sho%# 7#
Insistin! for %ri"ate coachin! in the school or outside after the school hours#
?# Pro"idin! false or misl eadin! ad"ertisement# Students -#
Allo'in! students to a%%ear for board e+ams, 'ithout conductin! classes#
# Hel%in! students to cheat durin! board e+ams# 6# 'ithholdin! students to a%%ear in any e+amination (e#!# for not %ayin! fees) ># e+%ellin! a student due to %oor academic %erformance# 7#
;ot sho'in! ans'ersheets to %ar ents:students#
?# discrimination of SC, S0, BC, %hysically challen!ed students# N#
denyin! admission or e+%ellin! any student if he:she is re% orted to ha"e any serious diseases such as HI1:AIS#
F# cor%oral %unishment in class# (e#!# beatin! the students for not doin! home'or#)
Indian Polity 62 Mrunal
5# Any ty%e of se+ual harassment# Punishment 0he bill %ro%oses to setu% follo'in! authorities -#
State Education 0ribunal
# ;ational Education 0ribunal •
0hey&ll recei"e the com%laints and !i"e %unishments#
•
Courts cannot interfere:!i"e stayorders in their %roceedin!s# •
0he burden of %roof 'ould be on the schools#
Punishment
@%to
8ine
-*lahs('ill!ototheconsolidatedfundofIndia)
ail
years# 6
Antiar!ument /e are a!ainst cor%oral %unishment and instruct the teachers not to beat students# But a teacher cannot be forced to under!o 3ail term for %unishin! the students to follo' the ri!ht %ath# (Pro!ressi"e Reco!nised 0eachers @nion (PR0@)) 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 Ri!ht to carry cash and Ri!ht to be left alone Bac!round4 Ri!ht to Carry Cash •
•
ecember *- State Assembly elections in Gu3arat# 2odel code of conduct (2CC) is in effect since ctober# @nder this 2odel code of conduct, EC officials started searchin! "ehicles and %remises to seiMe cash:(desi) liuor meant for influencin! "oters#
•
/hene"er cash, !old etc 'orth Rs #7 lah:more 'ere found, they&d notify the income ta+ (I0) de%artment#
•
and I0 officials 'ill reach the s%ot in the shortest %ossible time for ins%ection# Problems in im%lementation of 2CC
•
•
Amon! Gu3arati businessmen, much of the cashtransactions are carried by %ri"ate couriers (and not throu!h re!ular banin! channels)# So EC suads ended u% seiMin! lot of cash that 'as not meant to influence "oters, but 3ust %art of routine business acti"ities#
Indian Polity 63 Mrunal •
•
EC earlier used to seiMe !oldbiscuits and 3e'ellery in transit also# But Some EC officials 'ere arrested for robbin! sil"er brics from a trader in the name of search and seiMure# So EC had to direct its suads not to seiMe bullion and 3e'ellery]
All of this 'as creatin! much incon"enience to the business%ersons Public Interest .iti!ation (PI.s) filed in Gu3arat Hi!hcourt# Constitutional articles in"ol"ed
-
Protection of life and %ersonal liberty#
?
Po'er of Hi!h Courts to issue 'rits#
6>
Po'er of su%reintedence, direction and control of election "ested in an Election Commission#
HC 1erdict on Ri!ht to carry cash •
•
•
•
•
Su%reme Court has already said that a %erson, as lon! as he does not brea the la', 'ould be entitled to en3oy life and liberty# 0herefore, KRi!ht to be let aloneL is reco!nised to be a ri!ht that falls under Article - (ri!ht to life and %ersonal liberty)# Hence Election Commission&s order of seiMin! cash abo"e Rs #7 lah is @ltra "ires (beyond %o'ers) of EC, because it "iolates Article /e direct the EC to sto% this acti"ity# Search and seiMure should not tae %lace unless there is some s%ecific in%ut:intelli!ence that money is bein! transferred to influence the "oters#
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 IA Sus%ension from IC, ;ational S%orts Code4 contro"ersy, im%lications e+%lained /hat is IC< •
International lym%ic Committee#
•
It is the su%reme authority for or!aniMin! lym%ic Games#
•
Created by Pierre de Coubertin (the father of 2odern lym%ics)
•
2otto4 Citius, Altius, 8ortius (.atin) 8aster, Hi!her, Stron!er#
•
HJ4 S'itMerland#
Indian Polity 64 Mrunal
;e+t lym%ics4
/inter lym%ics
(Summer) lym%ics
City
Country
ear
Sochi
Russia
*->
Rio e aneiro
BraMil
*-?
/hat is IA< Indian lym%ics Association# •
IA is res%onsible for sendin! Indian S%ortsmen to
-#
lym%ic Games
# Common'ealth !ames 6#
Asian Games
•
IA is also res%onsible for or!aniMin! ;ational Games# urisdiction o"er S%orts
•
Constitution of India4 Se"enth schedule %ro"ides the se%aration of le!islati"e %o'ers
/ho
/hat
0otal items
.istI
@nion
nly@nion(%arliament)canmaela'sinthesematters#
-**
.istII
State
nlyStatele!islaturecanmaela'sinthesematters#
?-
.ist III
•
•
Concurrent
Both union state 9
7
And only (@nion) Parliament can mae la's for resi"uar& matters, i#e# to%ics that are not co"ered in Iist I, II and III S%orts, cinema, theatre, amusement4 these matters fall under 3urisdiction of State .ist (item ;o# 66)# So the first uestion is Ho' can @nion Go"ernment re!ulate s%ort<
•
•
8or lon!, the ;ational S%orts 8ederations (;S8) and Indian lym%ic association (IA) ha"e maintained that they&re autonomous and inde%endent# 0hey&re only accountable to their res%ecti"e international bodies for e+am%le, BCCI to ICC, IA to IC# 0herefore, Go"ernment shouldnot, cannot and must not interfere 'ith their internal functionin!]
Indian Polity 65 Mrunal
But in *-*, elhi Hi!h court !a"e follo'in! "erdict4 -#
es, ;ational S%orts 8ederations ha"e autonomy to conduct s%orts# B@0 international s%ortin! e"ents are an essential %art of di%lomatic relations (8orei!n affairs)# 0hat matter falls under @nion list, N th Schedule#
# Althou!h S%orts, cinema, entertainment fall under State .ist, N th schedule B@0 there are issues such as K 'hether 'e should %artici%ate in a s%orts e"ent held in a %articular country or not# Ho'e"er, Indian athletes can to com %ete as Kas Inde%e ndent lym%ic AthletesL But that means 'hate "er ne' medals Sushil Dumar or 2ary Dom 'ins, they 'ill not be counted as medals 'on by KIndiaL# 0his is not the first time# ther countries ha"e been banned in %ast
Country
-#
South Africa
-
Du'ait
-
;etherlands Antilles
South Sudan
/hysus%ended<
for its a%artheid %olicy (i#e# %olicy of discriminatin! bet'een blac and 'hile %eo%le)#
8or Go"ernment interference#
for not formin! their national lym%ic Committees#
But then thin!s are sorted out 'ith Kdialo!ues and %eaceful ne!otiationsL# ereco!nition by Go"ernment <
Indian Polity 67 Mrunal •
•
E+ce%t BCCI, no s%orts federation in India !ets earns trucload of money# So they de%end on Go"ernment for caYh and %atrona!e# If any S%orts 8ederation doesn&t fall in line 'ith Go"ernment re!ulations then Go"ernment can Kereco!niMeL it#
ereco!nition leads to follo'in! outcomes4 -#
0hose S%ort federations 'ill not recei"e cash from Go"ernment#
# 0hey cannot use 'ord KIndiaL 'hile sendin! teams into international s%ortin! e"ents# 6# 0hey cannot claim e+em%tion in custom duty %ayment 'hile im%ortin! s%orts eui%ments from abroad# ># Athletes 'ho 'in the tournaments or!aniMed by such unreco!niMed ;S8s, cannot claim 3obreser"ation in Rail'ays, Income 0a+ e%artment etc under S%orts Juota# /hy Archery and Bo+in! Banned< •
•
•
•
After IC sus%ended IA, the Go"ernment of India also !ot in Kmood and tem%oL and has dereco!niMed Indian Archery and Bo+in! associations# But the reason is different# Recently Archery Association held elections for its %resident and same 2r#1i3ay 2alhotra (a!e F*) !ot reelected# Similarly Bo+in! federation&s election 'as not held in trans%arent manner# So this is a!ainst the ;ational e"elo%ment Code# Besides elhi Hi!h Court had ordered Go"ernment that if any ;ational s%orts federation doesn&t follo' the code then you must dere!oniMe it# Solution<
nce Archery and Bo+in! associations 'ill ha"e conduct elections a!ain, and com%ly 'ith ;ational S%orts Code,then they&ll be Kre reco!niMedL (if there such a 'ord in dictionary)# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Chhattis!arh 8ood Security Bill *-4 Salient 8eatures /ho is not co"ered< 8ollo'in! families ha"e been e+cluded from the benefits of Chhattis!arh 8ood security Bill4 -#
0hose 'ho %ay income ta+ or %ro%erty ta+
# 0hose 'ho o'n o"er > hectares of irri!ated or F hectares of nonirri!ated land in nonscheduled areas Gi"en these conditions, only -*X of Chhattis!arh residents 'ill be e+cluded, and 5*X of the %ublic 'ill !et the benefits of 8ood security# /ho !ets benefit< •
E"eryone 'ho doesn&t fall in abo"e cate!ory, is co"ered under 8ood security bill#
•
0he %eo%le are then classified into three cate!ories and !i"en benefits accordin!ly
Indian Polity 68 Mrunal
household
Antyodaya
food!rain
67 ! for Rs#-:!
iodiMed salt
free
blac !ram
! for Rs#7:!
Pulses
!forRs#-*
%riority
General
67! for Rs#:!
free
Rice ^5#7*,/heat ^Rs#N#7*,2a+ -7 !
;
! for Rs#7!
!forRs#-*:!
;
;
Cost to the State treasury ;early Rs ,7** crore# 0hat is almost ?X of Chattis!arh state&s GP# ther features4 -#
co"ers the %ublic distri bution system, school meals, an!an 'adis (includin! taehome rations for %re!n ant:lactatin! 'omen and children under three
# free meals for the destitute and homeless# 6# It %ro"ides for not 3ust food !rain ('hat, rice etc) but also !ram, iodiMed salt# ># Plus the food !i" en to children (under midday meal) %re! nant 'omen and lac tatin! mothers, 'ill ha"e additi onal nutritional standards lie calorie and %rotein "alue# 7#
Ration cards 'ould be issued on the name of the eldest 'oman in a family# (/omen em%o'erment)
?# Panchayat and 2unici%alities 'ill be res%onsible for im%lementation of the Act# N#
entitlements 'ill be !i"en on the basis of %er household and not on %er %erson#
F# Goin! beyond the Cent re&s definition of Antyodaya, the Chhattis!arh Go"ernment has declared as KAntyodaya householdsL all families of K"ulnerable social !rou%sL includin! tribal !rou%s, 'ido's or sin!le 'omen, terminally ill %ersons, %hysically challen!ed %ersons, elderlyheaded households 'ith no assured means of subsistence and %ersons freed from bonded labour# 0o %re"ent such leaa!e and corru%tion, the Bill %ro"ides for -#
Com%uterisation of records and %ublication of all beneficiary and benefits !i"en to them#
# Gram Panchayats 'ill be allo'ed to run ration outlets# 6# fficials 'ill be %unished for noncom%liance, under Essential commodities act# ># 1i!ilance committees 7#
social audits by Gr am Sabha etc# Ar!uments4 Chhattis!arh 8ood Security bill
Indian Polity 69 Mrunal
Anti
•
•
Pro
;o need to !i"e them actual food#ust transfer cash directly transferred to %oor families& ban account and let them %urchase stuff from maret#
•
;ot enou!h ban:%ostoffice branches in Rural areas, %articularly 2aoist affected areas of Chattis!arh# Besides, no !uarantee that if cash transfer is done, %oor man 'on&t 'aste it on desiliuor#
0his bill co"ers e"eryone e+ce%t those 'ho %ay income ta+, %ro%erty ta+ or o'n bi! farm land#
•
•
•
But a lot of %eo%le 'ho can other'ise buy food at maret rate, are also co"ered for "ote ban %ur%ose# 0his 'ill unnecessarily increase fiscal deficit of the State#
•
Inflation has eroded the %urchasin! %o'er of lo'er middle class %eo%le# 0herefore, Go"ernment should %ro"ide them 'ith chea%er food!rains, so 'hate"er money is sa"ed, the family can s%end it on other thin!s such as education#
Go"ernment should only care for e+tremely %oor %eo%le and not e"eryone, 'ho can afford to li"e 'ithout state su%%ort#
;ational 8ood Security Bill fiasco irect Cash transfer< @PA Go"ernment at the centre, also 'anted to introduce ;ational food security# But this dream hasn&t materialiMed 3ust lie those nonserious a%%licants in @PSC and other com%etiti"e e+am# /hy< -4 8iscal eficit •
•
•
•
•
Go"ernment doesn&t ha"e enou!h incoming money (Re"enue) to buy so much food!rain and !i"e it to %oor %eo%le at chea%er rate# It&d reuire a%%ro+ Rs# lah crores %er year# Consider it this 'ay4 one on side, 2ohan 'ants to ee% the minimum su%%ort %rice (2SP) hi!h for the farmers# At the same time, he also 'ants to sell chea% food !rain, so from 'hose %ocet 'ill the difference come out< b"iously ta+ %ayers&# But %eo%le cannot be ta+ed beyond a le"el# And Go"ernment&s out!oin! money (E+%enditure) is already hi!h thans to fuel, fertiliMer subsidies and defense %urchases# ne can loo at the recent hie in %etrol, .PG as a measure to reduce out!oin! money, to mae room for affordin! the 8ood security Act (or similar other scheme#) Go"ernment tried to increase the incomin! money by disin"estment (that is sellin! Go"ernment&s shares in PS@s) but in"estors are not interested in buyin! shares at hi!h %rice, hence = money collection target& is not achie"ed# 4 Identification of Beneficiaries
-#
0here is already disa!reement bet'een Plannin! Commission and "arious ministries o"er K'ho should !et ho' much subsidiMed food!rain#L
Indian Polity 70 Mrunal
# @PA 'ants the ;ational 8ood security Act to ha"e a KCom%rehensi"e co"era!eL (Kmaretin!shoc$"alueL durin! elections)# 6# 8or e+am%le Chh attis!arh 8ood security !i"es benefit to e"eryone e+c e%t those 'ho %ay income ta+: %ro%e rty ta+: o'n bi! farmland 5*X %ublic co"ered, only -*X %eo%le are noteli!ible# So this is 'ide co"era!e# ># Similarly States such as 0amilnadu already ha"e %ro"ision for "ery chea% food !rains# 7#
So, if beneficiary co"era!e is =small& (e#!# only those earnin! less than Rs#6***:month are co"ered), then it 'on&t create the marketing shock value for elections#
?# Hence K'ideco"era!eL necessary but to do such ='ideco"era!e& on a nationalscale_need trucload of cash, 'hich central Go"ernment doesn&t ha"e# N#
And if Go"ernment tries to im%lement food security 'ithout increasin! its incomin! money (Re"enue), it&ll lead to hu!e fiscal deficit other %roblems such as inflation, de%reciation of ru%ee, decline in IIP etc# (more e+%lained in earlier fiscal deficit article)#
F# So 2ohan 'ill ha"e to nit%ic on 'ho should !et ho' much chea% food!rain ne' sur"ey, ne' I cards nee d to be issued len!thy and time consumin! %rocess, cannot be finished before *-> .o Sabha election# 64 lac 2an%o'er and Administrati"e machinary •
•
•
•
•
Chhattis!arh is a small state, so not "ery difficult to administer such food security scheme# But for a country lar!e as India, Central Go"ernment doesn&t ha"e the infrastructure or man%o'er to im%lement 8ood security on its o'n# And doin! this food security 'or "ia State Go"ernment&s machinery o%ens u% room for all sort of corru%tion, leaa!es# 0herefore 2ohan seems to ha"e concluded that 8ood Security is an im%lausible idea in its %resent form# Better 3ust to send money directly to ban accounts of %oor %eo%le, rather than relyin! on State Administrati"e machinery to run a full fled!ed food security Act# Hence he recently announced Kirect cash transferL %rior to Gu3arat, HP elections 'hich basically hints that food security has taen a bacseat for Kirect cash transferL scheme# Some 8ood Juotes for thou!ht
on Centrall& *onsore" *chees -#
0he (Pun3ab) state !o"ernment is of the "ie' that th e centrallys%onsored schemes do not ser"e desired %ur%ose and should be abolished and the state should be !i"en their earmared allocation as untied !rants# States are in a better %osition to le"era!e their stren!ths and utilise the funds accordin! to their de"elo%ment needs# ("tatement of #un+ab C #rakash "ingh /aal in 45C meeting$)
# -th 8i"e ear %lan document s%oe of one more sham e+ercise in 'hich the socalled centrallys%onsored schemes are to be abolished 'ith fund transfers to states# @ndoubtedly, they 'ould be reborn in another !uise# (Tamilanu C
ayalalitha 45C meeting) 6# States ha"e different %riorities from the centre and should not be ased to %artially fund central schemes# (ahya #raesh C "hivra+ "ingh Chauhan 45C) ># -th 8i"e ear %lan document is 3ust an a%%roach to centralise the %ublic resources 'ith !o"ernment of India in terms of decidin! %riorities and nature of de"elo%ment schemes# Country&s resources should be allocated to the state and central %lans euallyL# (Barnataka Chief inister agish "hettar)$
Indian Polity 71 Mrunal
7#
An im%ression has been created that the !o"ernment is all set to launch @Ienabled cash transfers on a mass scale before the *-> elections# 0his is "ery misleadin!, and loos lie an attem%t to mae %eo%le rush to @I enrollment centres# ("tatement mae by >our members of the 4AC incluing Aruna 3oy D former 4AC
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Cau"ery:Da"eri /ater is%ute bet'een 0amil ;adu and Darnataa,History, *- flare u% and future Introduction •
•
•
•
0he %eninsular ri"ers as one must ha"e studied in !eo!ra%hy , are de%ended on the annual monsoon# So their flo' is de%endent on the success:failure of monsoon# 0his year the monsoons 'ere not e"en close the e+%ectations# So the states that ha"e been sharin! the ri"er 'aters ha"e come under e+tra %ressure to sa"e their farmers, amon! 'hich, the already hei!htened battle is the Cau"ery 'ater dis%ute bet'een 0amil ;adu and Darnataa# 0his issue is definitely not ne' and has been ra!in! for more than 7 decades no'# 0erms
0mcft
0housand million cubic feet# @nit of "olume 'hich means total 'ater released#
Cusecs
Cubic feet %er second# @nit of flo' 'hich means the 'ater flo' released continuously#
History of the issue •
0he ri"er Cau"ery has been shared by the states under a!reements $ 0he Interstate a!reements of -FN and -5>#
•
All 'as 'ell, till the late -5?*s 'hen Darnataa 'anted to build > ne' reser"oirs in the tributaries of Cau"ery#
Indian Polity 72 Mrunal •
0he Plannin! commission did not a%%ro"e to !i"e funds and neither did the Central !o"ernment#
•
But Darnataa state 'ent ahead 'ith the buildin! of the reser"oirs 'ith its o'n funds# 0hese reser"oirs 'ere
-#
Haran!i
# Dabini 6#
Hema"athi
># Su"arna"athy
•
0his di"erted some of the 'ater of Cau"ery due to 'hich 0amil ;adu %rotested#
•
It directed the Centre to create a 0ribunal#
•
But since the Centre did not create one, 0amilnadu mo"ed the SC to order the centre# 0he tribunal 'as finally formed in -55*# /hy confusion o"er creation of 0ribunal<
Article ?
neither the Su%reme Court nor any court shall e+ercise 3urisdiction in 'ater dis%ute bet'een states#
But the Su%reme Court commented that it can ho'e"er order the Centre to create a 0ribunal 'hich it is su%%osed to do so under the Art#? and the Interstate /ater is%utes Act,-57?# Cau"ery /ater is%ute 0ribunal(C/0) •
0o cut short to the story, the C/0 came u% 'ith its final order in **N, !i"in!
re!ion
/ater (tmcft)
0;
>-5
Darnataa
N*
Derala
6*
Puducherry
N
Indian Polity 73 Mrunal •
•
•
•
Both Darnataa and 0amilnadu contested this C/0 order in the Su%reme Court "ia S%ecial .ea"e Petitions (S.Ps), 'hich are still %endin!# 0his has %re"ented the Centre from %ublishin! the C/0 a'ard in the !aMette('hich means it 'ill im%lement the a'ard)# In the mean'hile, because of the lon! time the C/0 too to !i"e its decision, it !a"e an interim order in -55- itself for the ri%arian states# 0o im%lement this interim measure, the Cau"ery Ri"er Authority (CRA) and the Cau"ery 2onitorin! Committee(C2C) 'ere formed# *- and the final sho'do'n4
•
•
•
Amon! all this drama, confusion and %o'er%lays there emer!ed a ne' %roblem# 0he C/0 did not come u% 'ith a formula for situations 'hen the flo' in Cau"ery 'as lo'(meanin! a drou!ht ind situation)# 0his is 'hy the issue has flared u% so much in *- as this year Darnataa has refused to release 'ater on this basis#
Darnataa side
-#
.o' monsoons, so lo' flo' in Cau"ery# /ater not enou!h for their o'n farmers#
# 1ery unstable %olitical situation in Darnataa 'ith 6 C2s chan!in!# 6# So Cau"ery bein! a "ery sensiti"e issue nobody 'ants to !i"e it u% easily#
•
•
0amil ;adu side
-#
Samba cro% !ro'ers are mainly de%endent on Cau"ery ri"er# Irri!ation is the main 'ater source in the area# So their li"elihood in dan!er#
#
0he !o"ernment not 'antin! to notify the final order of C/0 is also a!itatin!, as there seems to be no end to the %roblem#
6#
0he !o"ernment re%lied that it 'ill notify the C/0 tribunal&s a'ard by ecember end# But it has not done so# 0he reason is still not no'n(maybe e"en %olitical)# 0; 'as 'ishin! that there could be some relief if the !aMette notification comes (in **N itself) but e"en after the 0ribunal&s a'ard the issue has been %olitically and le!ally entan!led for the %ast 7 years# So 0;&s %osition is in a deadloc#
Amid this the Su%reme Court had ased the Chief 2inisters to meet u% and try to finaliMe on the issue but that too failed# Su%reme Court also ased the Central !o"ernment 'hether it had any intention to %ublish the C/0 tribunal a'ard for 'hich the Centre has re%lied that it 'ill %ublish the a'ard by ecember end but it has not done it# 0he future, 'hat lies ahead4
-#
0he Centre must %ublish the C/0 order as soon as %ossible#
# In the middle of all this the C/0 c hairman has resi!ned, and no ne' ch airman has been assi!ned yet# So the ne ' chairman has to be assi!ned 'ho has to be !oin!toretire SC 3ud!e# 6# 0he CRA and C2C 'ere on ly interim measures and thus 'hen the a'ard is %ubl ished they 'ill cease to e+ist# A ne' Cau"ery 2ana!ement Board (C2B) has to be formed to o"ersee the %ro%er distribution of the ri"er# ># 0he ma3or cause for the confusion is the S.Ps bein! admitted in the SC# 0hey ha"e been %endin! for the last 7 years# 0hey must be done a'ay 'ith as soon as %ossible#
Indian Polity 74 Mrunal
7#
Pro%er use of the Cau"ery 'ater by both sides so that they don&t become too de%endent on the 'ater#
?# 0he 'ater sharin! formula in lo' flo' years must be formed 'ith as soon as %ossible# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 ;A Profilin! Bill4 8eatures, A%%lications, Criticism /hat is ;A %rofilin!< •
It in"ol"es collection of a fe' sin cells, muscle tissues, a hair root or a tiny amount of blood or sali"a etc# body fluids#
•
0hen, ;A strands are e+tracted from the sam%le#
•
;A %rofilin! is useful for sol"in! crimes, confirmin! if %eo%le are related to each other, %aternity testin!, identifyin! dead bodies, missin! %ersons etc# /hy ;A %rofilin!<
•
;A %rofilin! best method to identify a %erson#
•
;A can be collected from body fluids, hair or e"en from a 'ine !lass or s%oon you 3ust used#
•
•
•
•
An indi"idual !ets 7*X of one&s ;A from each of one&s %arents can be be used to identify %arents, siblin!s and relati"es of an indi"idual# Can hel% to trace %eo%le 'ho are sus%ected of committin! a crime#
Can e+onerate (free) the sus%ects 'ho are innocent# An indi"idual %unished by the court can demand ;A testin! to %ro"e his innocence# Real life A%%lication4 Pune Blast
•
•
•
elhi %olice has taen blood sam%les of Indian 2u3ahideen o%erati"es of Pune Blast# n the other side, Pune Police has collected ;A sam%les from the a%artment in Pune 'here they 'ere li"in! %rior to the blast# E+am%le toothbrushes and shoes used by the o%erati"es and e"en strands of hair# 0his is a common method ado%ted by the %olice forces in the @S and other countries to %ro"e a sus%ect&s in"ol"ement in a crime# ;A Profilin! India "s China9@SA<
•
CBI has sent a letter ur!in! Go"ernment to %ass the ;A %rofilin! bill uicly, citin! follo'in! reasons4
China
Police;A.aboratories
;A%rofiles
`F*
`76lah;A%rofiles
India
`?
.olM,yetto%assthebill#
Indian Polity 75 Mrunal
•
Similarly 8ederal Bureau of In"esti!ation (8BI), @SA already has `-* million ;A %rofiles# Salient 8eatures of ;A %rofilin! Bill
•
%ro"ides for a national database of ;A %rofiles#
•
0hisL;A databaseL 'ill be used for
-#
crime detection
# as an e"idence in 3udicial %roceedin!s for admissibility of e"idence
Bill le!alises collection and analysis of the ;A sam%les for -#
Re%eat o ffenders,
•
;A %rofilin! in cases related to
-#
murder
# sus%ects,
# miscarria!e (abortion),
6# missin! %ersons,
6#
># unno'n deceased %ersons
># se+ual assault
7#
7#
•
K"olunteersL for forensic %ur%oses#
do'ry deaths
%aternity suits (lie ;##0e'ari) etc#
@sin! these %rofiles, Bill creates inde+es 'ithin e"ery databan includin!4 crime scene inde+es, sus%ects inde+, offender&s inde+, missin! %ersons inde+, unno'n deceased %ersons& inde+, "olunteers& inde+ etc# 0his 'ill hel% searchin! %articular entery "ery uicly#
•
0he ;A %rofile of an indi"idual 'ill be deleted if that %erson 'ere to be acuitted after the trial#
•
;A %rofiles can be shared 'ith other countries for cases related to terrorism, narcotics, ille!al human or!an sale etc# Structure
0he Bill establishes follo'in! or!aniMations4
;A Profilin! Board ^;ational and State le"els#
•
0o laydo'n laboratory standards
•
%rocedures for collection analysis of ;A sam%les etc#
•
/ill be headed by molecular biolo!ists9 members from le!al, %olice, biolo!y etc fields#
;ational ;A ata Ban •
State ;A labs 'ill collect sam%les and feed the data to ;ational ;A atabase can
Indian Polity 76 Mrunal
be accessed any'here# Hel% to sol"e interstate crime#
AntiAr!uments /hile the ;A %rofilin! bill aims to moderniMe the crime detection and con"iction, the e+%erts !i"e follo'in! ar!uments a!ainst the bill# oesn&t increase crimedetection
/hen @D %olice created ;A database, did not hel% to sol"e more crimes, des%ite millions of %rofiles bein! added to the database# 2isuse for Caste identification •
;A can re"eal "ery %ersonal information about an indi"idual, includin! medical history, family history and location#
•
0his database could be used to create ;A databases of different caste %o%ulations of India#
•
0he /orin! !rou% of -- th 8i"e ear %lan said ;A %rofilin! technolo!y could be used to study uan oulation of "ifferent castes in !n"ia
Assum%tion
Problem
2isuse
-#
caste is an immutable !enetic trait#
It i!nores the fact that indi"iduals chan!e their caste and that caste is not uniformly %assed on in marria!e#
the e+%erts and ;Gs fear that in lon! term, such Kcaste ;AL database could be misused, for e+am%le
Asin! e"ery %erson for ;A test, before !rantin! him:her caste certificates#
# Instead of con"entional %o%ulation sur"ey, Go"ernment could use ;A %rofiles for KE+tra%olatin!L statistics and then increase:decrease reser"ation for a %articular cate!ory in %articular state# 6# E+cludin! a %articular caste or a !rou% of %eo%le from reser"ation benefits# ># Screenin! %otential sus%ects on basis of caste# Can be used to brand certain indi"iduals and communities as %eo%le 'ith =criminal traits&, 3ust lie Britishers had branded certain tribes of ;orthern and Central India as =criminal tribes& in %ast# 7# •
no'led!e of an indi"idual&s e+act social bac!round can dama!e the institution of an arran!ed marria!e# 8urthermore, usin! caste for forensic %ur%oses and to de"elo% ;A databases could far too easily be abused and result in the %rofilin! of indi"iduals, and identification errors# 2istae is %ossible
Assum%tion
Problem
;A e"idence is infallible (-**X full %roof)
Bill i!nores the %ossibility of false matches, crosscontamination, and laboratory error#
Indian Polity 77 Mrunal
8or e+am%le
-#
Aarushi ur"er case
-
rench "iloat rae case
-
A;hisheD rae case
•
forensic e+%ert 'ho testified failed to remember 'hich sam%les 'ere collected at the scene of the crime]
;A re%ort came out 'ith both ne!ati"e and %ositi"e results]
;A sam%le had to be reanalysed after initial analysis did not %ro"e conclusi"e#
et the Bill does not mandate a set of best %ractices that could hel% in minimisin! these errors# E"idence 0em%erin!
•
•
•
•
Ideally court order should be necessary if a %ri"ate citiMen 'ishes to see the ;A database# But here, the ;A ata Ban 2ana!er is em%o'ered to !rant access to any %erson or Go"ernment a!ency that he considers a%%ro%riate] 0his can lead to tam%erin! of e"idence in case of hi!h %rofile cases in"ol"in! 11IP criminals and %oliticians# 0hus leadin! to con"iction of innocent %erson and or e+oneration of real criminal# Althou!h ;A Profilin! Bill, %ro"ides %enalties for misuse of data 4 3ail u% to three years and a fine of u% to -*,***# Su!!estions
•
;A %rofilin! should be done only for serious crimes and not minor offenses#
•
estruction of ;A sam%les once a ;A %rofile is created#
•
Clearly definin! 'hen a court order is needed to collect ;A sam%les,
•
definin! 'hen consent is reuired and is not reuired from the indi"idual for a ;A sam%le to be taen
•
ensurin! that the indi"idual has a ri!ht of a%%eal# 0imeline
•
•
**N •
draft Human ;A Profilin! Bill 'as made %ublic but it had many shortcomin!s, led to lot of o%%osition from ;Gs, acti"ists etc# hence this bill 'as ne"er introduced in %arliament# 0hen Go"t# ased e%artment of Biotechnolo!y 9 Centre for ;A 8in!er%rintin! and ia!nostics (C8) Hyderabad, to u%date the **N Bill#
Indian Polity 78 Mrunal
*-*
•
•
*- •
8eb *- ec *-
0amil ;adu State Go"ernmnt sou!ht to amend the Prisoners Identification Act -5* to allo' for the establishment of a %risoners& ;A database
;A data ban for armed forces %ersonnel is setu%# It&ll hel% identification of mutiliated dead bodies durin! 'ar etc# 0his is uniue as so far only @SA and Israel ha"e such facilities# @ttar Pradesh !o"ernment ordered mandatory sam%lin! for ;A fin!er%rintin! of dead bodies#
;e' "ersion of bill leaed#Bill is sent to "arious ministries for their comment and feedbac#
CBI 'rites letter to Go"ernment, to uicly %ass this bill#
2oc Juestions -#
/hat is ;A %rofilin!< .ist its a%%lications# (- mars)
# /rite a note on the Salient features of raft ;A %rofilin! Bill# (-* mars) 6# Ethical issues in"ol"ed in ;A %rofilin!# /hat is your %ers onal "ie' on them< (Inter"ie')# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 u"enile ustice Act4 features, Contro"ersy %ost elhiGan!ra%e, ;ational Commission for Protection of Child Ri!hts (;CPCR) /hat is u"enile ustice Act ***< •
In India, 'e ha"e acce%ted the %olicy of Kno im%risonment for childrenL for any offence#
•
0he u"enile ustce Act of *** is the KtoolL to im%lement that %olicy#
•
0he Crimes committed by those under the a!e of -F, fall under this act#
•
A%%licable across India (minus ammu and Dashmir)#
•
8ull name4 u"enile ustice (Care and Protection of Children )Act, *** (A)
•
Act deals 'ith t'o cate!ories of children
/ho<
Child in need of care and %rotection
u"enile in conflict 'ith la'
Children found in difficult circumstances and are in dan!er of sur"i"al and !ro'th#8or e+am%le rescued from a brothel, ille!al factory etc#
Children in"ol"ed in crime#
Indian Polity 79 Mrunal
Authorit y
u"enile ustice Board#
Child /elfare Committee#
•
@nder act, each cate!ory of children are e%t in se%arate carehouses#
•
Child himself can a%%ear before the Com%etent Authority and demand his:her ri!hts# 8eatures of u"enile ustice Act
-#
u"enile cannot be e%t in %olice locu% or 3ail#
# u"eniles cannot be treated or sentenced in the same manner as the adult criminals# 6# Cases in"ol"in! 3u"eniles are tried by 3u"enile ustice board and not by re !ular courts# ># u"enile ustice board consists of ma!istrate and t'o social 'orers# 7#
0he case is decided by ma3ority#
?# If a u"enile criminal is con"icted, at ma+imum he !ets three years in a reform facility# 0hereafter he must be released on %robation# N#
u"enile can only be e%t at the s%ecial home till he attains -F years of a!e#
F# Ca%ital %unishment (han!in!) or life im%risonment cannot be im%osed on a u"enile offender, irres%ecti"e of the !ra"ity of the crime# S%ecial u"enile Police @nit •
Act has %ro"ision for settin! u% such unit in e"ery %olice station#
•
Police office of ASI or abo"e ran shall 'or as as Child /elfare fficer#
•
He shall be assisted by t'o local ;Gs#
•
•
0hese units are su%%osed to identify the children 'ho are "ulnerable to en!a!in! in criminal beha"ior, and e+tend hel% to them# But in most of the districts in India, such %olice units are either not formed, or they&re nonfunctional# /hy in ;e's:Contro"ersy<
•
ne of the ra%ist in elhi case, claims to be a u"enile#
•
elhi %olice 'ill file a se%arate char!e sheet a!ainst him in a 3u"enile court#
•
E"en if he is con"icted, he&ll !et ma+imum 6 years stay in a u"enile reform facility#
•
•
nce he attains ma3ority (-F9), he cannot be e%t 'ith minor con"icts at u"enile reform facility A; he can he be sent to 3ail 'ith adult con"icts# So he&ll be released# 0his so called K3u"enile accusedL, had beat that elhi !an!ra%e"ictim 'ith an iron rod mercilessly# et the la' calls him a 3u"enile and he&ll be released 'ith "ery li!ht %unishment#
Indian Polity 80 Mrunal •
0herefore, %eo%le are an!ry# Reforms Sou!ht
•
0he a!e limit should be lo'ered for 3u"enile criminals#
•
In case of heinous crimes such as ra%e and murder, the u"enile criminals should be tried 3ust lie adult criminals# Pro ar!uments ( reform needed)
0he ;ational Crime Records (*--) s%eas for itself
Crime
u"eniles (boys under -F) cau!ht a%%ro+# numbers
Ra%e
-**
2urder
--**
Didna%%in!
7**
Bur!lary
7** 6 years "ery lo'
•
0he Act %ro"ides that a u"enile Criminal be %laced in a reform facility for ma+imum 6 years#
•
But there is no lo!ical or scientific reason 'hich sho's that a 3u"enile 'ill be KreformedL 'ithin three years#
•
In the case of the elhi ra%ist, there is no assurance he 'ill be reformed in three years and 'ill not %ose a threat to society for the rest of his life once released# u"enile ustice in other countries @nited Din!dom
•
Here, the a!e of criminal res%onsibility, is set at -* years#
•
2eans any indi"idual abo"e the a!e of -* is considered fully a'are of the difference bet'een ri!ht and 'ron!#
•
In case of a 3u"enile offender, he can either be tried as a 3u"enile or as an adult, de%endin! on the heinousness of the crime# @nited States of America
•
Same as @D if the crime 'as heinous (ra%e, murder etc#), the 3u"enile offenders are tried as adults# Australia
•
Any indi"idual o"er -> years of a!e is held accountable of any crime committed by him#
Indian Polity 81 Mrunal •
'hether the indi"idual is to be tried as a minor or an adult de%ends a!ain on the heinousness of the crime# India
•
•
In India, 'e&re !i"in! blanet %rotection to e"eryone less than -F years old# Hell, u"eniles are e+em%t e"en from s%ecial la's such as P0A, ;ational Security Act etc# India too should mo"e to'ards a u"enile ustice system 'ith differential %enal %ro"isions# (if a 3u"enile has Committed any heinous crime, he must be tried and %unished 3ust lie a re!ular adult criminal#) PI. in elhi Hi!hcourt
•
•
•
•
0his PI. sees elhi Hi!hcourt to declare some %ro"isions of the u"enile ustice Act as Eultra vires Because recent incidents sho' that 3u"eniles, 'ho ha"e attained the a!e of -? years, are in"ol"ed in serious crimes# Such u"eniles are uite 'ell de"elo%ed and they do not need the care and %rotection of the society# Rather the society needs care and %rotection a!ainst them# A %erson committin! a serious crime after attainin! the a!e of -N years and 6?> days cannot be treated differently from the %erson 'ho commits the same crime after attainin! the a!e of -F years and one day# Antiar!uments (no reform needed)
0he a!e limit for 3u"enile 3ustice should not be reduced because •
•
•
•
•
•
2ost of these children !ro' u% in an en"ironment 'here they are ne!lected or face mental, %hysical or se+ual abuse themsel"es# 0hese ha%%en because most of the children belon! to the %oorest of the %oor sections of society and !ro' u% 'atchin! "iolence and abuse in their families and nei!hbourhoods# 0hro'in! them in a 3ail 'ill not hel% in their rehabilitation# 2ain reason for 3u"enile crime is the failure to %rotect "ulnerable children from fallin! under the influence of dru!s or in the 'ron! com%any of adults# elhi alone has around F*,*** children on its streets# /hen children are li"in! on the streets or in %itiable conditions, they can easily come under the influence of criminal minded adults# u"enile Criminals ha"e not increased
•
0he rate of crime by children (that is, the number of children committin! offences %er lah of the %o%ulation) has not seen a substantial increase in the last decade
•
It has !one from *#5 in *** to #- in *--#
•
Hence, the demand to lo'er the a!e of 3u"enility is not su%%orted by crime data relatin! to children in India#
•
Similarly India has seen "ery lo' u"enile crime com%ared to e"elo%ment countries such as @SA#
Indian Polity 82 Mrunal
Country
u"enilesarrested(*--)
@SA
2ore than -lahs
India
Around 6>,***#
•
A'ardin! death %enalty to a u"enile 'ill be barbarous in a ci"iliMed society#
•
A 3u"enile should not be im%risoned for life, 'ithout %arole# Because it 'ould %lace an unnecessary burden on the ta+%ayer#
•
•
If a u"enile is sentenced for lon!term %rison, he mi!ht !et into com%any of hardcore criminals and come out as a member of or!aniMed crime rather than reformed and res%onsible citiMens# It is the certainty rather than the se"erity of %unishment that deters# Reforms initiated @P
•
0he @ttar Pradesh !o"ernment has %ut for'ard a %ro%osal that in the case of ra%e, only those under the a!e of -? be treated as 3u"eniles# (a!e limit reduced)# Derala
•
•
Derala state Go"ernment has decide to amendment to the Derala u"enile ustice (Care and Protection of Children) Rules 0he Social 'elfare de%artment officials ha"e also su!!ested that of 3u"enile 3ustice rules need not a%%ly in !ruesome crimes such as the elhi !an! ra%e and such 3u"enile offenders be treated lie adult criminals# ;ational Commission for Protection of Child Ri!hts (;CPCR)
•
It is a statutory body# (not Constitutional body lie CAG or EC)
•
Act %assed **7
•
But Commission actually set u% in **N 8unctions of ;CPCR<
•
•
•
Re"ie' national la's, %olicies re!ardin! Child ri!hts#
Recommend measures to Go"ernment for their effecti"e im%lementation# Present annual re%orts to central Go"ernment#
E+amine all factors affectin! childri!hts and su!!est ste%s to Go"ernment
.oo into matters relatin! to
Indian Polity 83 Mrunal
-#
0errorism
# Communal 1iolence 6#
Riots
-#
># ;atural isasters 7#
# 2ar!inalised and disad"anta!ed children,
omestic 1iolence
6# Children in conflict 'ith la' (3u"eniles offenders)
?# HI1 AIS N#
Children in distress,
># Children 'ithout family
0rafficin!
7#
F# 2altreatment
Children of %risoners#
5# 0orture And E+%loitation -*# Porno!ra%hy
ther functions -#
Study international treaties and their im%lementation in India#
# %romote research in the field of child ri!hts 6# S%read child ri!hts literacy ># %romote a'areness 7#
throu!h %ublications, media, seminars and other a"ailable means
?# Ins%ect 3u"enile custodial homse N#
Inuire into "iolation of child ri!hts and recommend initiation of %roceedin!s in such cases
F# Can Recei"e Com%laints# (any lan!ua!e under F th schedule, no fees)# 5# Can tae su% moto notice for child ri!hts cases# -*# En3oys %o'ers of a ci"il court# (can summon documents, %ersons, 'itnesses etc#) --# Can recommend Go"ernment to %ro"ide interim relief to the "ictim:his family# -# Can a%%roach the Su%reme Court or the Hi!h Court and reuest them to issue orders or 'rits# -6# Can recommend Go"ernment to initiate %rosecution a!ainst child ri!hts "iolators# Constitutional Pro"isions
-7:6
State to mae s%ecial %ro"isions for 'omen and children#
Indian Polity 84 Mrunal
-A
Ri!httoeducation
6
Human trafficin! and forced labour
>
Childlabour
65
Healthy e"elo%ment of children
>7
Early childhood care 9education
>N
State to raise le"el of nutrition and standard of li"in!
@; EC.ARA0I; 8 0HE RIGH0S 8 0HE CHI. Accordin! to @; definition, Childrenall under A!e of -F#
Indian Polity 85 Mrunal
Cate!ory
Pro"isions
-#
0he child shall be entitled from his birth to a name and a nationality#
# En3oy the benefits of social security# 6# Adeuate %renatal and %ostnatal care# Sur"i"al ># Adeuate nutrition, housin!, recreation and medical ser"ices# 7#
Child shall not be se%arated from his mother, unless e+ce%tional circumstances#
?# Child shall be amon! the fir st to recei"e %rotection and relief, in all circumstances and disasters#
-
State shall %ro"ide s%ecial treatment for %hysically, mentally or socially handica%%ed children#
Society and the %ublic authorities shall %ro"ide s%ecial care to children 'ithout a family or means of su%%ort#
6
Shall not be the sub3ect of traffic, in any form#
>
Protected a!ainst all forms of ne!lect, cruelty and e+%loitation
-
Shall not be em%loyed before an a%%ro%riate minimum a!e#
8ree and com%ulsory education, at least in the elementary sta!es#
6
8ull o%%ortunity for %lay and recreation#
Protection
e"elo%men t
list not e+hausti"e, 3ust listin! the =fodder'orthy& %oints for essay:inter"ie'# 2oc uestions J-# /hich of the follo'in! is:are correct about u"enile ustice Act -#
It only deals 'ith the children accused a crime#
# It is a%%licable in case of s%ecial acts such as P0A (re%ealed) or ;ational Security Act etc# 6# In case of heinous crimes, it allo's the 3udiciary to treat 3u"eniles as adult criminals# Ans a#
nly - and
b# nly - and 6 c#
nly and 6
Indian Polity 86 Mrunal
d# ;one# J# /hich of the follo'in! is outside the 3urisdiction of ;ational Commission for Protection of Child Ri!hts (;CPCR)< -#
0ae suo moto notice of cases related to child ri!hts#
# Sentence 3ail term to %ersons in"ol"ed in childabuse# Ans# a#
nly -
b# nly c#
Both
d# none J6# Correct 2atch
Article
Related 'ith
-#
-A, >7
-
6
-
>
a#
Child education
8orced labour
child labour
nly - and
b# nly - and 6 c#
nly and 6
d# All J># /ho amon! follo'in! en3oys to the %o'ers to le!islate on matters related to Prison, reformatories, borstalV institutions and other such institutions< a#
State
b# @nion c#
Both (concurrent)
VBorstal 8ormerly a British reform school for youths considered too youn! to send to %rison#
Indian Polity 87 Mrunal
escri%ti"e Each for - mars (-* 'ords) -#
/hat are the salient 8eatures of u"enile ustice Act *** (-m)
# E+amine the need for reforms in u"enile ustice Act# 6# .ist the functions of ;ational Commission for Protection of Child Ri!hts (;CPCR) ># iscuss the Initiati"es taen by Go"ernment for %rotection of Child Ri!hts# Essay -#
In ser"in! the best interests of children, 'e ser"e the best interests of all humanity#
# If 'e are e"er to ha"e real %eace in this 'orld 'e shall ha"e to be!in 'ith the children# 6# ustice and %eace can only thri"e to!ether, ne"er a%art# ># A society that has more 3ustice is a society that needs less charity# 7#
Silence in the face of in3ustice is com%licity 'ith the o%%ressor#
?# An act of 3ustice closes the boo on a misdeedO an act of "en!eance 'rites one of its o'n# Inter"ie' -#
/hat are the res%onsibilities of a district collector re!ardin! %rotection of child ri!hts<
# Are you in fa"or of reducin! a!e limit of u"enile criminals< es:no 'hy< 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 9999 lity udicial Im%eachment, reforms, udicial accountability Bill,Sri .anan C Im%eachment udicial Accountability4 intro< udicial Im%eachment is an on!oin! issue in a lot of countries, includin! India# 0here are a lot of related to%ics in this issue, 'hich 'ill be discussed belo' indi"idually# •
0he 3udiciary is the inter%reter of the constitution#
•
It is the chief redressal mechanism for all the citiMens#
•
Its accountability is therefore utmost necessary#
•
But, the re"ie' of the accountability cannot lie fully 'ith the le!islature too#
•
Hence in India, 'e ha"e a system in %lace under the ud!es Inuiry Act,-5?F# ud!es Im%eachment4 India
Indian Polity 88 Mrunal •
•
A minimum number of -** members in .o Sabha or 7* members in Ra3ya Sabha ha"e to !i"e motion for the im%eachment of a 3ud!e# An inuiry committee is setu% 'ith the constitution as follo's -#
Chief ustice or any other ud!e of the Su%reme Court#
# ne Chief ustice of Hi!h Court# 6# An eminent urist# •
After the committee enuires into the matter, re%ort submitted to house#
•
0he 3ud!e (SC or HC 3ud!e) has to be %ro"ed to ha"e acted in inca%acity or misbeha"ior#
•
0he motion is %ut to "ote and 'hen both houses %ass the motion 'ith a :6 rd members %resent and an absolute ma3ority, the 3ud!e is im%eached# ustice Soumitra Sen im%eachment
•
2otion 'as brou!ht by 2r#Arun aitley and 2r#Sitaram echury in Ra3ya Sabha#
•
0he enuiry 'as setu% and ustice Sen 'as found !uilty of misa%%ro%riatin! funds related to a case#
•
0he RS %assed the motion#
•
Before it could !o to .S for "otin!, ustice Sen resi!ns#
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;o', since he has resi!ned from his %ost, there is no case of im%eachin! him#
•
•
0he la' is silent re!ardin! the resi!nation of 3ud!e durin! im%eachment# Hence, there is no le!al bindin! on the 3ud!e to sit throu!h the im%eachment %roceedin!# 0his has enabled 2r#Sen to li"e lie a Ecommon citi6en? !ettin! his %ensions, boastin! le!al titles e-"C +uge, etc# He !ets monthly %ension too]] ustice P inaaran im%eachment
•
0he motion 'as brou!ht in .S#
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0he committee 'as formed to loo into the alle!ations 'as formed#
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Before the committee could e"en start doin! some fact findin!, ustice inaaran resi!ned# Reforms necessary
•
0he 3ud!es can easily esca%e the embarrassment of an im%eachment %roceedin! by resi!nin! from their %ost#
•
So e"en if a 3ud!e has resi!ned, the %roceedin!s should continue a!ainst him for im%eachment#
•
A resi!nation can be acce%ted only if the President acce%ts it# E"en 'ithout amendin! the la', the President can 'ithhold the resi!nation letter of the 3ud!e till the %roceedin!s follo' throu!h#
Indian Polity 89 Mrunal •
8or a lon! term solution, an amendment has to be %assed to mae sure that if an im%eachment %roceedin! has been acce%ted in the Parliament, then resi!nation is not an o%tion]
;o', let us loo at some other current affairs related to udicial Im%eachment# udicial Standards and Accountability(SA) Bill •
0hou!h the abo"e reforms do not come under this bill, the SA bill is an amendment to the %rocedure to be follo'ed in matters of im%eachment of 3ud!es#
0he udicial Standards and Accountability Bill, *-* reuires
-#
udicial Standards and Accountability Bill, *-* reuires
# lays do'n 3udicial standards, and 6# establishes %rocesses for remo"al of 3ud!es of the Su%reme Court and Hi!h Courts# ;ational udicial "ersi!ht Committee •
0he Bill establishes the ;ational udicial "ersi!ht Committee, the Com%laints Scrutiny Panel and an in"esti!ation committee#
•
Any %erson can mae a com%laint a!ainst a 3ud!e to the "ersi!ht Committee on !rounds of =misbeha"iour&#
•
A motion for remo"al of a 3ud!e on !rounds of misbeha"iour can also be mo"ed in Parliament#
•
Such a motion 'ill be referred for further inuiry to the "ersi!ht Committee#
•
•
Com%laints and inuiries a!ainst 3ud!es 'ill be confidential and fri"olous com%laints 'ill be %enalised# 0he "ersi!ht Committee may issue ad"isories or 'arnin!s to 3ud!es, and also recommend their emo"al to the President# (Courtesy4 %rsindia#or!) Sri .anan Chief ustice Im%eachment
•
S. C 2rs#Shinara Bandaranayae 'as a%%ointed, first, as a SC 3ud!e 'ithout any e+%erience in -55?#
•
She 'as an Associate Professor at the @ni"ersity of Colombo earlier#
•
Hence, her a%%ointment as the Chief ustice 'as also 'idely seen as %olitically moti"ated#
•
•
In *-, she did not allo' the S. Parliament to %ass a "ital bill !i"in! for 'ide %o'ers to the Centre o"erridin! the %o'ers of the Pro"inces# So, the Parliament started im%eachment %roceedin!s a!ainst her in alle!ations of corru%tion, misa%%ro%riation of funds, corru%tion char!es related to her husband, o"erste%%in! of authority,etc#
•
•
0he main %roblem in S. is that there is no la', lie the ud!es Inuiry Act in India, to define the %rocess for im%eachment %roceedin!s# /hen a similar issue came u% in -5F>, the S. Parliament %assed a standin! order to form a Parliamentary Select Committee(PSC) for in"esti!atin! im%eachment alle!ations#
Indian Polity 90 Mrunal •
•
•
0he PSC formed in this case 'as 'idely %olitical in its constitution, 'ith N of its -- members bein! from the rulin! %arty# /ithout any sur%rises, the PSC recommended the im%eachment of 2rs#Bandaranayae and the S. President has also a%%ointed a ne' Chief ustice# 0hou!h the alle!ations maybe true or false, the 'ay in 'hich the PSC 'as formed and the 'hole trial 'as conducted, has tainted the im%eachment %roceedin!# 0his has also lead to 'ides%read su%%ort to 2rs#Bandaranayae# 2oc Juestions
-# /ho amon! the follo'in! 'ill be members of an enuiry committee if setu%, to loo into alle!ations resultin! in remo"al of 3ud!e in the Su%reme Court of India< a#
ud!e of the Su%reme Court
b# Chief ustice of a Hi!h Court c#
ud!e of a Hi!h Court
d# Eminent urist Ans'er choice4 a) A,B,C b)A,B, c)A,, B or C d) ;one of these # /ho is the ne' Chief ustice of Sri .anan Su%reme Court< a#
2ohan Peiris
b# Dumar Rantanade c#
C#G#/eeramantry
d# Shirana Bandaranayae 2ains -#
/hat are the main features of the udicial Standards and Accountability Bill,*-*< (-7* 'ords)
# Sri .anan Chief ustice im%eachment 'as a case of ri!ht im %eachment throu!h 'ron! methods# o you a!ree< (** 'ords) 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 Crime and Criminal 0racin! ;et'or Systems (CC0;S)4 features, Benefits
Indian Polity 91 Mrunal
.et&s first see ho' %olice database system used to 'or earlier# so 'hat&s the %roblem in abo"e system<
•
u%lication of records#
•
Criminals 'ill 3ust mo"e from one state to another#
•
1ery hard to trac Re%eated ffenders#
•
Each %olice station has lot of indi"idual records and files 3ust !atherin! dust# (%lus "ery time consumin! to search data in %a%er files) Crime and Criminal 0racin! ;et'or Systems(CC0;S)
•
Pro3ect started in **5# (In the 'ae of ?:-- attac#)
•
0his is a %ro3ect under the ;ational eGo"ernance %lan#
•
It&ll set u% infrastructure (com%uters, %rinter, scanner, @PS, router etc) in each %olice station#
•
It&ll connect each %olice station to a centraliMed frame'or# (total about ->*** %olice stations in country)
Indian Polity 92 Mrunal •
2ae biometric %rofile (fin!er%rints, blood !rou%, birthmars etc) of con"icts#
•
etails of Arrested: 2issin!: Didna%%ed#
•
nline tracin! of com%laints etc#
•
0he core soft'are is de"elo%ed by /i%ro# (of AMim Prem3i) /hat are the ad"anta!es of CC0;S<
•
•
•
•
•
Easy to trac con"icts# Biometric records of con"icts are taen no confusion in future# (e#!# if a criminal has done %lastic sur!ery or !ot a fae dri"in! license:election card to create ne' identity to settle in a different city:state#) In the old KonL mo"ie (starrin! Bi! B), criminals e%t contacts and %ayment details in a 3e coloure 5iary$ But in the remae of KonL (starrin! Shah Ruh Dhan), they&re usin! sophisticate har isks ] So, if criminals ha"e u%!raded their Koffice%roceduresL, then %olice definitely needs more tech u%!rades# Hahaha In many schemes (such as ri!ht to education), the state Go"ernments need to contribute some money and they al'ays ee% cryin! that K'e don&t ha"e money so 'e can&t im%lement it %ro%erlyL#
•
But this CC0;S scheme is -**X centrally funded schemeStates can&t mae e+cuses#
•
central data system is "ery useful for research on crime and for framin! %olicies related to certain crimes#
•
0his is "ery im%ortant considerin! the recent ra%e incidents, the 3u"enile issue and also the nature:ori!in:bac!round of con"icts#
Indian Polity 93 Mrunal
Benefits to Senior %olice officers (e#!# SP, IG etc) -#
Efficient %ersonnel :HR 2ana!ement (e#!# salary, lea"e, %romotion, transfer, trainin! schedules etc# of the lo'er sta ff)
# Effecti"ely o"ersee the in"esti!ation# 6# 0hey can uicly access the statistics re!ardin! crime detection, in"esti!ation and %re"ention# ># 0hey need such statistical data before -#
a %ress conference, or
# re%lyin! to an R#0#I# or 6# for su%%lyin! information to home minist er, for uestions ased in %arliament:State le!islati"e assembly#
Benefits to In"esti!atin! fficers (ACP, Police ins%ector, etc) •
•
0hey can contact e+ternal a!encies lie ails, Courts, 0rans%ort, Pass%ort, 8orei!ners Re!istration ffices : de%ts#, etc#, for rele"ant information# Ri!ht no' they&"e to manually call %eo%le or 'rite %a%erletters or send their staff to collect the information# 8or e+am%le
Indian Polity 94 Mrunal
-#
id +yM sus%ect 'as in 3ail durin! this +yM date or 'as he out on %arole<
# id 2r#\ "isit +yM country on +yM date< 6# Is this car belon! to 2r#\ and 'as it %re"iously o'ned by 2r#< •
•
•
0hey can file nline re%orts to senior officers $ reduction of day to day aer orD no' they can s%ent more time and ener!y doin! actual in"esti!ation# 0hey can access (n'line li;rar& containin! checlist on in"esti!ations, court 3ud!ments, %olice manuals etc# to %re%are a =full%roof& char!e sheet a!ainst the sus%ect# 0hey can allot assi!nments, %atrollin!schedules etc# to the staff uicly# Benefits to CitiMen
•
•
ou can re!ister com%laints can online# ou can trac the %ro!ress on your 8IRs online# (Similar to 0rac your a%%lication in Pass%ort Se"a Dendras soft'are de"elo%ed by 0CS com%any for 2inistry of E+ternal affairs#)#
•
ou can do'nload "arious forms (%olice clearance for domicile certificate etc#)
•
ou reuests %olice to "erify bac!round for ser"ants, em%loyment, tenants#
•
•
•
senior citiMen re!istrations can re!ister themsel"es (so %oliceman 'ill "isit your home once in a 'hile to see e"erythin! is o) 2otor 1ehicle 0racin! System, .ist of missin! %ersons, unidentified %ersons dead bodies# So you don&t ha"e to !o from %illar to %ost to !et such information#
>!3 registration soft*are 8uture ahead4 CC0;S •
CentraliMed I0 enabled Police Pass%ort 1erification 8aster "erifications#
Indian Polity 95 Mrunal •
•
Summons and /arrants can be a%%ro"ed online# In districts and remote "illa!es, it taes a lot of time to reach court and !et a 'arrant# In case of Interstate crimes, faster and im%ro"ed coordination amon! %olice stations#
0hese are 3ust some of the %lanned e+%ansions# 2any more can be introduced# (and you can ased to !i"e su!!estions durin! inter"ie'#) Current Pro!ress of CC0;S •
•
•
All the States:@0s ha"e started incor%oratin! the system# Pilot schemes ha"e been launched at "arious %olice stations in the country from an *-6# 0hese %ilot schemes mean that those %olice stations 'ill be usin! the CC0;S for all their %olice 'or#
;o', for some other information re!ardin! %olice reforms in the country4 Bureau of Police Research and e"elo%ment(BPR) •
Setu% in -5N*#
•
Acts as the consultant or!aniMation for Police reforms for the !o"ernment#
•
Conducts Research on Police de"elo%ment, moderniMation, trainin!, administration and other as%ects#
•
Conducts Seminar, Conferences on Police de"elo%ment#
0his BPR has set u% a K;ational Police 2ission (;P2)L# /hat is ;ational Police 2ission (;P2) < •
8ormulated in **7#
•
8or initiation national le"el reforms in %olice#
•
-#
1arious 2icro 2issions ha"e been created under this 2ission, such as4 Human resource e"elo%ment#
# Community Policin!# 6# Communication and 0echnolo!y# ># Infrastructure# 7#
Proacti"e Policin!
/hile this nation %olice mission mission is created 'ith such hi!h le"el ob3ecti"es, it 'ill 'or only if the state !o"ernments tae its recommendations seriously and actually undertain! %olice reforms# 2oc uestions J-# 8ind Correct statement<
Indian Polity 96 Mrunal
-#
CC0;S is an initiati"e by 2inistry of Home affairs for moderniMation of %olice
# 0he Centre and State 'ill share the cost of buildin! CC0;S infrastructure in the ratio of N747# a#
nly -
b# nly c#
Both
d# ;one J# 8ind correct statement -#
0he Soft'are e"elo%ment A!ency for creation of soft'are for the CC0;S %ro3ect is 0CS#
# 0he %artner for 2inistry of E+ternal Affairs in the Pass%ort Se"a Dendras is /i%ro# a#
nly -
b# nly c#
Both
d# ;one J6 8ind incorrect 2atch
Sub3ect
.ist
a#
Public order
a
Criminal la', includin! all matters in IPC#
a
Criminal %rocedures, includin! all matters in CrPC
State
@nion
Concurrent
2ains -#
BPR# (7 mars)
# CC0;S#(7 mars) 6# iscuss the features and benefits of Crime and Crimi nal 0racin! ;et'or System#(-7 mars#) Essay -#
Police Reforms
# Policin! the Police
Indian Polity 97 Mrunal
99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 9 .obbyin!4 2eanin!, %roanti ar!uments, ;ira Radia, Gulam ;abi 8ai, /almart Introduction
.obbyist<
•
•
•
Em%loyers of .obbyist< •
Aim of .obbyin!<
0ar!et of lobbyist
.obbyist is a %erson em%loyed to %ersuade le!islature:e+ecuti"e to mae some %olicy:act:rule that fa"ors the lobbyist&s em%loyer#
.obbyists are hired by Interest !rou%s e#!# businessmen, s%y a!encies (ISI:CIA), etc# 0rade unions, en"ironmental associations, ;Gs, 'omen&s ri!hts !rou% etc# also demand Go"ernment to mae %articular %olicy:act:rule "ia harna-praarshan strikes banh fasts protests rastaa-roko etc# But they&re interest !rou%s# 0hey&re not lobbyist# .obbyist is a so%histicated %rofessional 'ho does this 'or for money# (And they&re usually "ery e+%ensi"e to hire#)
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0o !et a fa"orable Go"ernment %olicy:rule:la' etc# R
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0o eliminate : modify unfa"orable Go"ernment %olicy:rule:la' etc#
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2embers of %arliament, %oliticians, ministers, bureaucrats, re!ulatory a!encies etc# (anyone 'ho has %o'er to mae or modify some %olicy:act:rule)#
/hy is it called .obbyin!< •
•
•
In the early -5th centuary, many @S Con!ressmen (2Ps of @SA) and officials 'ould !ather and eat to!ether at a %articular hotel in /ashin!ton, #C# And Peo%le seein! to influence the !o"ernment, 'aited for these members in the lo;;& of the hotel, and talin! to them as they came in and out# 0hus the acti"ity came to be no'n as K.obbyin!L Ho' is lobbyin! done<
•
•
•
•
.obbyist is(2P, a so%histicated %rofessional# He %ro"ides briefin! material, charts, %resentations etc# to concerned le!islators 2.A, Senators) and e+ecuti"es (ministers hi!h ranin!%am%hlets, bureaucrats)# He&d also run media cam%ai!ns, online cam%ai!ns etc# (he has connections e"ery'here#) He arran!es meetin!s, %arties, seminars, conferences in some e+%ensi"e 7 star hotels, !olfresorts# He in"ites 3ournalists, intellectuals, %oliticians, bureaucrats etc# !i"es them free tra"el food and lod!in!# .obbyin! is le!ally allo'ed in E@, @S, Australia, Canada, Israel, Italy# (list not e+hausti"e)#
Indian Polity 98 Mrunal
.obbyin! in @SA •
As %er the American la's, the com%anies are reuired to disclose the issues and e+%enditures associated 'ith lobbyin!#
•
0his hel%s %ublic and media to 'ho is %ayin! ho' much for a %articular cause#
•
•
9 %rofessional .obbyists are reuired to re!ister 'ith the House of Re%resentati"es (their lo sabha) and the Senate (their Ra3ya Sabha)# .obbyin! is so 'ides%read in @SA that in *-- alone, there 'ere -***9 re!istered lobbyists, and more than 6 billion @S ollars 'ere s%ent on lobbyin!] (0his is not bribe, It is the cost of hirin! lobbyists, 0echnical documents, research etc#)
.obbyin! in India4 •
•
•
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.obbyin! is not KofficiallyL reco!niMed in India in any form (by Go"ernment or le!islature)# 0here is no formal or!aniMation for re!ulatin!: controllin!: o"erseein!: su%er"isin! the act of lobbyin!# (for e+am%le, ne's%a%ers ha"e %ress council of India, bans ha"e RBIZ# but there no such re!ulatory body for lobbyin!)# Still, lobbyin! is (unofficially) done throu!h Public Relations 8irms and some 'ell connected indi"iduals (such as ;ira Radia)# ften, bi! cor%orate houses hire retired bureaucrats, (or sons:dau!hters of hi!h ranin! bureaucrats: ministers) as Kliaison officersL#
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Such liaison officers do the lobbyin! 'or#
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0he Plannin! Commission of India has set u% an e+%ert committee to loo into the issue of lobbyin!#
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.obbyin! acti"ities in India are %rimarily tested in terms of the e+istin! la', i#e#, the Pre"ention of Corru%tion Act, -5FF# (In India, .obbyin! has become synonymous 'ith Bribe) .obbyin! "s Bribery
.obbyin!
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•
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Bribery
.obbyist 'ill hold some seminar:conference for 2.As : E+cise minister and officials of Gu3arat State# He 'ill sho' %o'er%oint %resentation on ho' state can earn more re"enue from sale of liuor and use that money for health and education etc#
•
•
But in reality this !uy is %aid by Din!fisher, 2conalds, Ba!%i%er or some other %rominent liuor com%any#
Ho' is lobbyin! different from bribery -#
A briber 'ants to circum"ent the la'# A lobbyist 'ants to chan!e it#
Same %erson is carryin! a bo+ full of desi liuor bottles in his car, inside Gu3arat# He is cau!ht by %olice and !ets a'ay by offerin! some cash 9 a fe' bottles to those %olicemen]
Indian Polity 99 Mrunal
# As .a's affect e"eryone, lobbyin! is su%%osedly more le!itimate than bribin!, as lobbyi st is not asin! for any s%ec ial treatment lie a briber# 6# 0he %o'er of the lobbyist is ar!uably far !reater than the %o'er of the briber# ># Broadly s%eain!, .obbyin! is the %referred means for e+ertin! %olitical influence in de"elo%ed countries and corru%tion the %referred one in de"elo%in! countries# Contro"ersies related to .obbyin!4 -4 RadiaGA0E Before that, let&s understand 'hat is K!ateL, for e+am%le Radia!ate, coal!ate and other scams# /hy are they !i"en the K!ateL suffi+L< 8or that, 'e&"e to understand the ori!in and meanin! of the 'ord K/ater!ate scandalL /hat is /ater!ate scandal< •
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•
•
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In @SA there are t'o %olitical %arties4 emocrats and re%ublicans# -5N4 President ;i+on (Re%ublican %arty), orders his men to brea into the office of emocratic %arty and install s%y de"ices# (so Re%ublican President ;i+on can monitor the conser"ations, acti"ities, %lans and election strate!ies of emocratic %arty# 0his office 'as located in a buildin! no'n as K/ater!ateL# So 'hen the 'hole scandal broe out, it 'as called K/ater!ateL scandal, and President ;i+on had to resi!n because of this /ater!ate scandal# 0ain! that analo!y, Indian media !i"e K!ateL suffi+es to scandals for e+am%le Radia!ate, Coal!ate# /ho is ;ira Radia<
•
•
She is a %olitical .obbyist and an acuaintance of (infinitely A'esome) A#Ra3a# ;ira Radia used to run a %ublic relations firm 'hose clients include bi! names lie the 0ata 0eleser"ices and 2uesh Ambani&s Reliance Industries# /hat is the contro"ersy<
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;ira Radia lobbied to !et A Ra3a to be a%%ointed as 0elecom 2inister# Income 0a+ de%artment ta%%ed Radia&s %hone lines for 6** days in **F$**5 as %art of their in"esti!ations into %ossible money launderin!, ta+ e"asion etc#0hese recordin!s are no'n as Radia 0a%e#In *-*end, PE; ma!aMine sho'ed some of the tele%hone con"ersations of ;ira Radia 'ith senior 3ournalists (Barha utt, 1eer Sin!h"i), %oliticians, and cor%orate houses#
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Accordin! to these %hone con"ersations, Radia lobbied a!ainst the rea%%ointment of ayanidhi 2aran#
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She attem%ted to use some media %ersons (Barha utta) to influence the decision to a%%oint A# Ra3a as telecom minister# 4 Gulam ;abi 8ai4 AntiDashmir lobbyin! in @SA
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Ghulam ;abi 8ai used to lobby for Dashmiri cause in @SA#
Indian Polity 100 Mrunal •
He&d hold conference and seminars of Paistani and Indian intellectuals, discussin! the KfutureL of Dashmir# After the seminar, he&d sho' documents:resolutions:minutes of such seminars:conferences to @S la'maers and as them to sho' su%%ort for KDashmiri causeL# i#e# Dashmir should be !i"en KfreedomL from India#
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He had recei"ed millions of dollars from ISI to carry out this acti"ity#
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But He hid this money detail from the ta+ authorities of @SA#
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He 'as arrested and !i"en years& 3ail time#
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2any of the holachha% ;Gs and intellectuals of India 'ere also %art of his 'inin!dinin!debatin! circuit#
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@S Attorney 2ir'aiM told the court some'as of these acti"ists lins 'ith theISI#L ISI and that chairman of the Hurriyat Conference, @marthat 8aroo, Ksu%%orted and had controlled by the 64 /al2art .obbyin!4 8I in 2ultibrand Retail •
/almart bi! %layer of 2ultibrand retail#
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Recall that, as %er the @S .obbyin! la', com%any has to disclose ho' much money did it s%ent on lobbyin!#
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Accordin!ly, /al2art disclosed that it had s%ent Y7 million (about Rs -7 crore) since **F for "arious lobbyin! acti"ities, includin! for !ainin! access to Indian marets# In India, %%osition %arties created u%roar in %arliament re!ardin! this# 0hey 'anted the names of ministers:officials in India 'ho !ot this money# Go"t# said they&d initiate a timebound inuiry by a retired 3ud!e into re%orts of lobbyin! by /almart# /hat is the %roblem then< In India as 'e no', .obbyin! is not re!ulariMed, It is alle!ed that this -* crores 'as used to bribe Indian le!islatures E+ecuti"e throu!h its Indian arm (Bharti)# /al2art&s defense
-#
As %er @S la', 'e had to file lobb yin! E+%enditure re%ort 'ith the @S Senate# But re%ort doesn&t say that entire -7 crores ha"e been s%ent e+clusi"ely in India#
# .obbyin! is totally le!al in @SA, so e"en if some Indians may find it distasteful or unethical, 'e&"e committed nothin! 'ron!] .obbyin!4 Pro ar!uments -#
.obbyin! maes sure that minority interests are fairly de fended a!ainst the tyranny of the ma3ority# 8or e+am%le, a medical association, or a trade association of health insurance com%anies, may lobby to counteract the influence of tobacco com%anies ('hile tobacco com%anies ha"e more money, %ro"ide em%loyed to lot many %eo%le#)
# 0here is nothin! 'ron! in lobbyin!, so lon! as no bribe is in"ol"ed# 6# .obbyin! is a le!itimate %ractice around the 'orld# ># .obbyists %ro"ide hi!h uality intelli!ence (Research 'or) for formulatin! %olicies# 7#
If lobbyin! is le!aliMed in India, it&ll brin! more trans%arency in the functionin! of Go"ernment and %arliament# (atleast 'e&ll no' 'ho %aid the money to !et %articular la':rule to be %assed# .e!ally released bonded labourers
Indian Polity 106 Mrunal
7#
Primiti"e tribal !rou%s /hat is Primiti"e tribal !rou%s (P0G)<
0here are the %oorest of %oor amon!st the Scheduled 0ribes (S0s)# 0hey&re identified based on three %arameters -#
0hey use %rea!ricultural le"el of technolo!y for farmin!#
# 1ery lo' le"el of literacy 6# 0hey %o%ulation is either eclinin! or sta!nant# 64 e%ri"ation indicator So far 'e no' that -#
SECC*-- census aims to ran households#
# It automatically includes:e+cludes certain households (as seen abo"e) 6# ;o' for the remainin! households ('hich are not automatically included or e+cluded) the census 'ill ran them based on 7 0erivation !n"icators N de%ri"ation indicators4 -#
Households 'ith only one room, ucha 'alls and ucha roof
# ;o adult member bet'een the a!es of -? and 75 6# 8emale headed households 'ith no adult male member bet'een -? and 75 ># Households 'ith disabled member and no able bodied adult member 7#
SC:S0 household
?# Households 'ith no literate adult abo"e 7 years N#
.andless households deri"in! a ma3or %art of their income from manual casual labour
Households 'ith the hi!hest de%ri"ation score 'ill -#
Be first included in the BP. list#
# Be first !i"en benefit of Go"ernment 'elfare schemes# o so this 'as the methodolo!y for doin! SECC census in Rural area# ;o' s%eain! of methodolo!y for @rban areas# SECC urban area It is a similar a three sta!e %rocess to identify the urban %oor $ automatic e+clusion, automatic inclusion and a scorin! inde+# A family stands to be automatically e+cluded if it has either a four room house or %ossess any one of the asset ( four *heeler AC set laptop) or any three of the follo'in! assets (frige lanline phone *ashing machine or a t*o *heeler$) 8ollo'u%
Indian Polity 107 Mrunal •
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nce the sur"ey is com%lete in all States and union territories, the database 'ill be !i"en to Abhi3it Sen Committee# Abhi3it Sen Committee 'ill analyse this data and come u% 'ith the eclusion criteria for Governent elfare schees # 8or a %ass%ort, a birth or death certificate, a dri"in! licence or a ration card, Aam Aadmi need not ha"e to s'eat it out# 0here 'ill not be any need to !rease %alms of corru%t officials# 7#
He can see com%ensation for undue delay in deli"ery of ser"ice#
?# 8or e+4 In Euro%e %eo%le are com%ensated if the train !ets delayed# N#
Basic thrust of CitiMens Charter is to mae %ublic ser"ices citiMen centric by ensurin! that these ser"ices are demand dri"en rather than su%%ly dri"en# Indian E+%erience
Indian Polity 111 Mrunal
At the central le"el, 2inistry of Personnel_ e%artment of Administrati"e Reforms# 0his de%artment hel%s other or!aniMations to formulate the citiMens& charters# Ho'e"er, nd Administrati"e Reforms Commission found follo'in! %robl ems 'ith CitiMens& charters in India4 -#
2easurable standards of deli"ery are rarely s%elt out in the charter#
# Standards are %oorly defined, it becomes tou!h to assess 'hether the desired le"el of ser"ice has been achie"ed or not# 6# 2ost charters are "erbose# (containin! too many 'ords)# ># Promises contained in the Charter 'ere "a!ue and meanin!less# (lie those stu%id "ision and mission statements#) 7#
If the ser"ice is not deli"ered then "ery hard for citiMen to !et com%ensatation# (he has to mae tri% to this office and that office, brin! this \ero+ and that recei%t#)
?# CitiMen Charters are not re"ised 'ith time#
Indian Polity 112 Mrunal
N#
0he needs of senior citiMens and disabled are not considered 'hile draftin! charters#
F# Resistance to chan!e# 5# .ac of Public A'areness# -*# End @sers (%ublic) ;Gs are not consulted 'hen the charters are drafted# Recommendations of nd ARC4 -#
0he Charters should clearly s%ell out the re medy : %enalty : com%ensation in case there is a default in mee tin! the standards s%elt out in the Charter#
# better !i"e a fe' %romi ses that can be e%t, rather than a lon! li st of lofty but im %ractical as%irations] 6# Before the or!aniMation maes charter, it should restructure its internal system and %rocesses# ># ne siMe does not fit all# Cit iMens& Charter should be close to !round reality and local conditions# 7#
Consult all the staeholders before finaliMin! the charter (includin! ci"il society)#
?# 8irm Commitments should be made# 0here must be redressal mechanism should be citiMen friendly## N#
r!aniMation should e"aluate the CitiMens& charters %eriodically#
F# Hold officers accountable for results# CitiMens& Charter Bill *--4 Salient 8eatures 8ull name 0he Ri!ht of CitiMens& 8or 0ime Bound eli"ery of Goods Ser"ices Redressal of 0heir Grie"ances Bill *--# A%%lies to< -#
0he Bill deals 'ith !o"ernment de%artments that deal directly 'ith citiMens4 they include
# Constitutional bodies, 6# Statutory authorities, ># Public%ri"ate %artnershi%s, 7#
;Gs substantially funded by the !o"ernme nt and com%anies that %ro"ide ser"ices under a statutory obli!ation# Pro"isions
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0he Bill maes it mandatory for e"ery %ublic authority to %ublish a CitiMen&s Charter 'ithin si+ months of the commencement of the Act#
# E"ery citiMen is !i"en ri!ht to !et time bound deli"ery of !oods and ser"ices# 6# If not deli"ered, there is redressal mechanism# Accordin! to the bill, citiMens& charters should be in follo'in! format4
Indian Polity 113 Mrunal
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.ist the details of the !oods and ser"ices %ro"ided by a %ublic authorityO
# 0he name of the %erson or a!ency res%onsible for %ro"idin! the !oods or ser"icesO 6# 0he time frame 'ithin 'hich such !oods or ser"ices ha"e to be %ro"idedO ># 0he cate!ory of %eo%le entitled to the !oods and ser"icesO and 7#
etails of the co m%laint redressal mechanism#
Here is an e+am%le4
;ame of ser"ice
desi!nated officer
time limit for ser"ice
first a%%eal officer
time limit for dis%osal
omicile certificate, land records#
0ehsildar
Ndays
S (Re"enue)
-7days
;e' Electricity Connection
[olan distribution in char!e
-* days
E+ecuti"e En!ineer
6* days
second a%%ellant authority
Collector
Su%erintendent En!ineer
Pu;lic Grievance Re"ressal Coissions Bill aims to establish Public Grie"ance Redressal Commissions ^Centre and State le"el#
Stren!th
Jualificatio n
A%%ointed by
- Chief Commissioner 9 a ma+imum number of -* Commissioners# -#
Present or former Su%reme Court 3ud!es or Chief ustices of a Hi!h Court (district court 3ud!es for -* years, or Hi!h Court 3ud!es)O or
#
Present or former Secretaries to the central (state) !o"ernmentO
6#
Eminent %ersons 'ith at least * years of e+%eri ence in social sectors 'ith a %ost !r aduate de!ree in a rele"ant sector#(-7 years for state %anel)
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Go"ernor (in state Commission)
#
President (in Central Commission)
But President :Go"ernor 'ill mae a%%ointments as %er the recommendations of select Committee# 0he select Committee 'ill consist of
@nion le"el P2
State le"el C2
Indian Polity 114 Mrunal
.eader of o%%osition in .o Sabha
In .e!islati"e assembly (1idhan Sabha)
Sittin! 3ust of SC
f HC
0he Commissioners may be remo"ed by an order of the President :Go"ernor under certain conditions# Grie"ance Redressal 2echanism4 In ri!ht to information Act, the mechanism: structure : hierarchy is4
R#0#I structure
/hat<
Public information officer (PI) (Central or State)
ou send R#0#I a%%lication to him# He must !i"e information 'ithin 6* days#
8irst A%%ellant authority (8AA)
He is an officer abo"e the ran of PI#ou a%%roach him if your R#0#I is not re%lied 'ithin 6* days (or if PI did not !i"e you the necessary information)#
Central:State Information Commissioner (CIC or SIC)
8inally you can a%%eal to him in case 8AA doesn&t hel%#
Similar a%%eal structure is %ro"ided in CitiMens& Charter bill
R#0#Iact**7
CitiMencharterbill*--
Public information officer (PI)
Grie"ance Redress fficers (GR)# ou send your com%laint to him# He must address the issue 'ithin 6* days#
8irst A%%ellant authority (8AA)
esi!nated Authority (A), if GR doesn&t hel%#
Central:State Information Commissioner (CIC or SIC)
State or Central Public Grie"ances Redressal Commission# If A doesn&t hel%#
In relation to an offence under the Pre"ention of Corru%tion Act, -5FF, a third a%%eal a!ainst the decision of the Commissions shall lie 'ith the .o%al or the .oayuta# Penalty •
A and Commission can im%ose fine of 2a+#Rs#7**** to concerned officials:GR# •
0he %enalty shall be reco"ered from the salary of the official# Such %enalty may be a'arded as com%ensation to the a%%ellant# Criticism
Indian Polity 115 Mrunal
-4 A!ainst federal S%irit •
(BP says) et CitiMens& charter bill %ro"ides for GR and Grie"ances Commission ^state and central le"el# But Parliament doesn&t not ha"e 3urisdiction to enact such la'# Because Nth schedule of constitution_State list _State Public ser"ices (Entry >-)#
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It means, only State le!islature has 3urisdiction to mae la's re!ardin! state %ublic ser"ices#
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2ore than ten states ha"e already enacted a CitiMen Charter Act or Public Ser"ices Guarantee Act in their res%ecti"e states#
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0he states of ammu and Dashmir, elhi, Bihar, 2adhya Pradesh, @ttar Pradesh, Ra3asthan, Pun3ab, @ttrahand and Himachal Pradesh ha"e their o'n la's in %lace# 2any of these state la's ha"e %ro"isions that are much better than the %ro%osed Bill# 0he Central !o"ernment can and should enact CitiMen Charter for central ser"ices but should not encroach u%on the states& domain# At best, the Centre can su!!est a model la'# Ho'e"er, the 2inistry of %ersonnel affairs, defends this bill sayin! K#rovisions of the /ill relate to Factionable *rongs7 *hich comes uner the concurrent list$? 4 u%lication of 'or
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Se"eral states such as elhi, Pun3ab and Bihar ha"e also enacted their o'n !rie"ance redressal la's# 0he mechanism %ro"ided under these la's is different from that %ro"ided under the Bill# So this 'ill lead to du%lication of 'or and or!aniMations# Similarly, 2;REGA Act, R0E Act, ;ational 8ood Security Bill, *--, and the Public Procurement Bill, *- also ha"e their o'n !rie"ances redressal forums# du%lication# Similar to R#0#I act, this bill also a%%lies to or!aniMations funded by Go"ernment# (e#!# Air India, Public Sector Bans, .IC#) Ho'e"er, if those or!aniMations donot %ro"ide ser"ices on time, the matter also falls under 3urisdiction of consumer courts, Banin! ombudsman, IRA res%ecti"ely lot of du%lication# So it seems Go"ernment hasn&t done the home'or, they 3ust 'ant to %ass a bill to di"ert %eo%les& attention from more im%ortant issue, that is .o%al# 64 Autonomy
Accordin! to the bill, the commissioners may be remo"ed 'ithout 3udicial inuiry# 0his is unheard of] >4 .o%al yet to come Go"ernment officials intentionally delay the ser"ice deli"ery because they 'ant to demand bribe# So the 'hole CitiMen charter thin! is incom%lete, 'ithout .o%al and .oayuta# 74 E+clusion of ;on CitiMens4 nly CitiMens can see redressal, ;RI PI are not entitled#
Indian Polity 116 Mrunal
?4 istribution of res%onsibility 8or e+am%le, if a %ass%ort is held u% because the %olice "erification too too lon!, should the %ass%ort office be res%onsible< r should the %olice be held res%onsible< Bill is silent o"er the issue, this 'ill only lead to blame !ames and further delays 'hile seein! redressal# 2oc Juestions J-#8ind Correct statements about CitiMen Charter -#
It is a document listin! the fundamental ri!hts and duties of citiMens#
# CitiMens& charter 'as first introduced in @nited States by President ;i+on# a#
nly -
b# nly c#
Both
d# ;one J# /hich of the follo'in! is not %art of the Concurrent list under N th schedule< a#
Actionable 'ron!s
b# Banru%tcy c#
.unacy
d# 8isheries# 2ains GS -#
Ri!ht to information and ri!ht to ser" ice (citiMens& charter) should be turn ed into fundamental ri!hts under the Constitution# iscuss the %ros and cons of such Constitutional amendment# 2ains GS> (Ethics)
-#
efine follo'in! terms ( mars each) a#
CitiMens& charter
b# 0rans%arency c#
Accountability
d# Good !o"ernance # /rite a note on the salient features of CitiMens& Charter bill *--# 6# Ri!ht to information and ri!ht to ser"ice, are %rereuisite for !ood !o"ernance# Comment# ># /hat are the ma3or im%ediments in im%lementin! CitiMens& Charter< .ist the recommendations of nd ARC in this re!ard#
Indian Polity 117 Mrunal
7#
If im%lemented %ro%erly, CitiMens Charter 'ill ha"e more %ositi"e im%act on the li"es of citiMens than R0I# Comment# Inter"ie'
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0his citiMens& charter bill %ro"ides for deadlines and hefty %enalties# on&t you thin it 'ill lead to mis taes and errors on %art of lo'er bureaucracy, 'hen they try to finish thin!s in haste:fear<
# Instead of ha"in! t'o %arallel streams4 R#0#I and CitiMens& charter, they should be mer!ed and a ne' combined la' should be created# es:;o 'hy< 6# A%art from ri!ht to food, education, ser"ice, information and all those other fundamental ri!hts listed in Constitution, can you su!!est any ne' ri!hts that should be introduced< ># %%osition %arties say that CitiMen charter bill encroaches u%on on the 3urisdiction of state le!islature and hence a!ainst the s%irit of fedaralism# A!ree : isa!ree< /hy< 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 99 •
Ri!hts Issue ara'a 0ribes, Human Safari, Buffer Area, 0ribal Commission, -6th Schedule /ho are the a'aras<
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0hey are tribal %eo%le li"in! in the South Andaman islands# (a%%ro+# 3ust >** of them left)
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Anthro%olo!ists belie"e that ara'a are descendants of first humans that mo"e out from Africa to Asia# /hat is Andaman 0run Road (A0R)<
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Go"ernment of India started construction of Andaman 0run road in the F*s# 0his road connects ;orth Andaman $ 2iddle Andaman Q Port Blair (Ca%ital in southern most %art)# ara'a tribes mostly li"e in the 3un!les on the 'estern side of this road# (see the ma%)# After construction of the road, tourism started flourishin! and this bou!ht outsiders (!uides, tourists) in contact 'ith ara'a tribes#
Human Safari<
Indian Polity 118 Mrunal •
Safari tourists sit in a bus, !o in 3un!le and obser"e animals#
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@nfortunately, Andaman tour o%erators ha"e been runnin! 'hat is termed as KHuman SafariL
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2eanin!, they tae a bus full of tourists on the Andaman 0run road# 0he !uide 'ill brin! ara'a tribals from the surroundin! "illa!es, mae them dance in front of tourists and offer them food as K%aymentL# Human ri!hts acti"ists ha"e been demandin! that Road must be shut do'n# Road4 0o shut or ;ot to Shut<
Shut the road
on&t shut the road
Barely >** ara'as left# 0he road brin!s the !eneral tourist %o%ulation into un'anted contact 'ith the ara'a e"ery day#
Road is needed to carry essential food and su%%lies for both ara'a and the settlers li"in! outside ara'a reser"es#
0his has resulted in the ara'a bein! e+%osed to diseases a!ainst 'hich they ha"e no natural %rotection4 e#!#measles and mum%s#
If the road is shut do'n, the tourists cannot "isitliestone caves an" u" volcanos So ultimately tourism industry 'ill colla%se#
0he increasin! trade and tourism in the area is endan!erin! their traditional sills# 8or e+am%le, some of the 3ara'as do not no' ho' to mae a fire 'ithout a matchstic# ara'as ha"e %iced u% the the "ices of the outsiders4 tobacco, !uta, [arda, bidi and alcohol#
It is their free 'ill#
Bo %eo%le Another tribe in Andaman ;icobar# Its last member died in *-*# o 'e 'ant same thin! to ha%%en to ara'a< ara'a %rotection is im%ortant as they form the centuries old lin of Indian ci"iliMation 'ith African ci"iliMation#
o 'e 'ant these %eo%le to li"e rest of their li"es as %rimiti"e hunters and !atherers< A!reed "ery fe' of them left, doesn&t mean outside contact should be sto%%ed#
Because of abo"e reasons, ara'as must not be allo'ed to min!le 'ith outside 'orld#
ance for 8ood contro"ersy
Indian Polity 119 Mrunal
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A re%orter had !one to Andamans# He recorded a disturbin! "ideo, in 'hich an Indian %oliceman is offerin! food to ara'a tribal !irl and main! her dance to entertain the tourists# 0his story 'as %ublished in 0he .bserver (sister ne's%a%er ofGuarian), last year# 0his led to hu!e u%roar in India and abroad#
Buffer [one Case Chronolo!y In %ast fe' 'ees, you mi!ht ha"e read Su%reme court !i"in! orders on ara'a buffer [ones# But it is not that Su%reme court %iced u% the matter after readin! that ara'a dancin! "ideo contro"ersy# 0he issue of buffer Mone has been !oin! on since **N# Here is the chronolo!y4
**N
A; administration brou!ht a Buffer [one notification in **N# 0his notification %rohibited any trade or tourism acti"ity 'ithin 7 ms radius of the ara'a 0ribal Reser"e#
**N
A tourist resort 'ent to court a!ainst this order#
**5
Calcutta Hi!h court says notification is in"alid#
*-*
Su%reme court says notification is "alid# rders the A; administration to im%lement it#
*-*--
A; administration doesn&t im%lement the notification due to 'ides%read %rotests by local %eo%le 'ho de%end on tourism#
2id *-
Su%reme court ass 'hy notification is not im%lemented<
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an *-6 •
2arch *-6
Su%reme court %uts KinterimL ban on tourists from usin! Andamana 0run Road# nly !o"ernment officials, %ersons residin! in the reser"e and "ehicles carryin! essential commodities for the ara'as 'ould be allo'ed on the Andaman 0run Road# 0his ban 'ill be in effect until authorities come u% 'ith notification and seriously im%lement It (no trade:tourism 'ithin 7ms radius of ara'a reser"esbuffer Mone)#
Authorities come u% 'ith notification, Su%reme court lifts the interim ban#
Indian Polity 120 Mrunal
click to enlarge ;o' let&s chec a related to%ic 0ribal Commissions •
Article 665 of the Constitution says President needs to a%%oint a tribal commission after -* years of commencement of Constitution and thereafter as and 'hen he deems fit# So far t'o tribal Commissions ha"e been made4
0ribalCommission
ear
Chairman
2ainsu!!estion
-st
-5?*
@; hebar
;eedto u%date la's about tribal landtransfer#
nd
**
ilee% Sin!h Bhuria
;eed to mae a com%rehensi"e tribal %olicy#
;o' Go"ernment is %lannin! to constitute third tribal Commission# 2ainly to deal 'ith follo'in! issues a#
e+amine "arious issues of de"elo%ment and 'elfare of tribals, es%ecially %rimiti"e tribal !rou%s#
b# formulate a ne' le!islation to %rotect tribal land# c#
Is there is a need to add -6
th
schedule in Constitution< .et&s understand this one4
As you no',
--ths chedule
8unctionsofPanchayat#
-ths chedule
8unctionsof2unici%alities#
But these are not a%%licable to tribal areas# 0he tribal areas are !o"erned by 7 th and ?th Schedule#
Administration of scheduled tribes areas in all states e+ce%t A202#( (assam, 2e!halaya, 0ri%ura, 2iMoram)# 0his 7th schedule is a%%licable to 5 states# 7thschedul e
-#
Ra3asthanGu3arat2aharashtra2adhya Pradesh (RAG@ 2A2A > states)
#
HimachalharhandChattis!arhAndhrarissa (7 states)
Indian Polity 121 Mrunal
?thschedul e
Administration of tribal areas in A202 (assam, 2e!halaya, 0ri%ura, 2iMoram)#
Althou!h Go"ernment earlier made PESA Act, to e+tend the %ro"isions of Panchayati Ra3 to abo"e areas but it hasn&t 'ored out as %lanned# So ;o' Go"ernment is thinin! about creatin! -6th schedule for traditional !o"ernin! bodies in tribal areas# 0he 6rd 0ribal Commission 'ill loo into this matter# 2oc Juestions CSA0 2CJS -#
Correct statements about ara'a tribe a#
2a3ority of them li"e in car ;icobar#
b# 0heir ancestors are belie"ed to ha"e come from Africa# c#
At %resent, ara'a %o%ulation is estimated to be around ***#
d# ;one of abo"e# # 0he 3urisdiction for Andaman and ;icobar Islands is 'ith 'hich Hi!h Court< a#
Calcutta
b# 2adras c#
Cuttac
d# Hyderabad 6# /hich of the follo'in! %lace is famous for its .imestone Ca"es and mud "olcano< a#
A3anta Ellora
b# Andaman islands c#
Dhasi Hills
d# ;one of abo"e# ># Incorrect statement about tribal Commissions# a#
Constitution mandates that President must setu% tribal Commission e"ery -7 years#
b# .ast tribal Commission 'as setu% in -55*# c#
So far, four tribal Commissions ha"e been setu%#
d# All of abo"e# 7#
7th schedule of Constitution is a%%licable to 'hich of the follo'in! states< a#
Pun3ab, Haryana, ammu and Dashmir#
Indian Polity 122 Mrunal
b# Assam, 2e!halaya, 0ri%ura and 2ani%ur# c#
Ra3asthan, Gu3arat, 2aharashtra, 2adhya Pradesh#
d# Bihar, /est Ben!al, Andhra and 0amilnadu# 2ains
Essa y
-#
0ribals in India after ?? years of inde%endence#
GS-
-
iscuss the contribution of tribals in freedom stru!!le#
-
0he conflictin! nature of de"elo%ment 'ith indi!enous %eo%le has come to the fore in Andaman and ;icobar islands# AnalyMe the situation and comment on the status uo#
-
0he State has failed to !i"e the tribals a stae in the modern economic %rocesses# Comment#
-
.ist the Constitution safe!uards for tribals in India#
-
.ist the tribal 'elfare schemes
-
/rite a note on structure and functions of ;ational Commission for S0s#
-
0ribal e"elo%ment under - th fi"e year %lan#
GS
GS6
**m
*m
Each for -7m
-m
Inter"ie' -#
ne !rou% says ara'as sh ould be allo'ed to continue huntin!, fora!in! and their %rimiti"e 'ays of li"in!# Some %eo%le 'ould say ara'as should be assimilated into 2odern human ci"iliMationeducation, 3obs, business, money and the 3oy that money brin!s in4 cable 01, frid!e, bie, car, mobile and internet# /here do you stand on this<
# Peo%le li"in! in @nion territories are at Kdisad"anta!eL com%ared to %eo%le li"in! in bi! states# 8or e+am%le, State Go"ernments of @P and 0amilnadu are !i"in! free la%to%s to students, but you ne"er hear that for iu aman or Andaman;icobar# 0herefore, all @nion territories should be mer!ed 'ith nearby States# A!ree : isa!ree 'hy< 6# o you thin there is a need to create -6 th schedule in the Constitution, for tribal !o"ernin! institutions es: ;o 'hy< ># 999999 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999 •
Polity Inner .ine Permit (I.P) issue in 2ani%ur4 Bac!round, im%lications, contro"ersy e+%lained /hat is Inner .ine Permit (I.P)<
•
If you&re an outsider and 'ant to tra"el to 2i;A (2iMoram, ;a!aland, Arunachal Pradesh), you&ll need this Inner .ine %ermit (a ty%e of certificate:%a%er)#
Indian Polity 123 Mrunal •
E"en if you&re an Indian citiMens and 'ish to tra"el to these %laces, you&ll need an I.P#
•
0his %ro"ision 'as made by Britishers under an Act called as Ben!al 8rontier Pro"ision Act,-FN6#
•
•
9 An outsider cannot tae a'ay any rubber, 'a+, i"ory or other forest %roduct (or any boo, diary, manuscri%t, ma%, %icture, %hoto!ra%h, film, curio or article of reli!ious or scientific interest outside these inner line %ermit areas# 0his I.P %ro"ision 'as made to !i"e s%ecial %rotection to the indi!enous %eo%le#
/hat&re the Im%lications of I.P< •
I.P certificate can be used only for tra"el and not for %ermanent residency in the area#
•
utsiders cannot buy %ro%erty in the state#
•
Intercaste marria!es are not %ossible as residences of outsiders are not %ermitted#
•
0here is no com%etition amon! the bac'ard tribes and inflo'in! forei!ners#
•
Althou!h such %ro"isions thou!h are not "alid for Central !o"t em%loyees, security %ersonal, etc# /hy I.P in 2i;A but not in 2ani%ur<
•
I.P is a%%licable only to 2i;A (2iMoram, ;a!aland, Arunachal Pradesh), but it is not a%%licable to 2ani%ur# So, uestion4 /hy doesn&t 2ani%ur fall under I.P system<
•
•
Because 2i;A (2iMoram, ;a!aland, Arunachal Pradesh) 'ere under the British control till inde%endence# So Britishers im%lemented I.P %ermit there, but 2ani%ur 'as %rincely states so I.P 'asn&t im%lemented here# Althou!h, 2ani%ur (as a %rincely state before inde%endence) had created its o'n system of Permits: %ass%orts but it 'as abolished in -57-#
Indian Polity 124 Mrunal •
•
;o' %eo%le of 2ani%ur ha"e made an or!aniMation 8ederation of Re!ional Indi!enous Societies (8REI;S) and they&re demandin! Go"ernment of India to im%lement Inner .ine Permit system (I.P) in 2ani%ur as 'ell# In *-, 2ani%ur State Assembly also %assed a resolution ur!in! Go"ernment of India, to im%lement the I.P system to 2ani%ur# Pro I.P ar!uments for 2ani%ur
Inner line %ermit should be im%lemented in 2ani%ur because -4 com%etition increased
-#
After inde%endence, the forei!ners:nonlocals:outsiders in outsiders# 2ani%ur has increased e+%onentially# 0his has led to increased com%etition (ininflu+ 3obs,of business, election) amon! locals and
# 8orei!ners lie the Ban!ladeshi, the ;e%alese and the 2yanmarese ha"e started standin! for local elections and some of them ha"e also emer!ed "ictorious] 6# .ocal youth has to com%ete 'ith outsiders for state Go"ernment 3obs, colle!e admissions# ># Influ+ of outsiders, chan!es the demo!ra%hic structure of the state in lon! term, this could %ost to reser"ation uota for scheduled 0ribes and Scheduled Castes# 4social %roblems -
utsiders brin! their lan!ua!e and culture# It %oses threat to 2ani%uri lan!ua!e, scri%ts and local dialects#
ru! trafficin! cases, incidents of ra%e and other crimes in the State ha"e become more ram%ant due to the inflo' of outsiders into 2ani%ur#
6
2ani%ur is one of the si+ hi!h HI1 %re"alence states in the country# 0he influ+ of mi!rants is 'orsenin! this %roblem#
>
lands in tribal belts and blo cs are bein! occu%ied by nontribals and Ban!ladeshis, but the !o"ernment machineries ha"e done nothin! to %rotect these lands from the encroachers#
7
Since the ;E states are already bac'ard in areas of ed ucation, infrastructure, etc such a com%etition has been %assin! onto the e"en youn!er !enerations#
-
0he recent "iolent riots in Assam is an e+am%le on ho' if immi!ration is uncheced can lead to se"ere %roblems# ( Clic me to learn more about it)
-
utsiders are ready to 'or for lo'er 'a!es# 0his maes difficult for the local 2ani%uri tribals to !et any em%loyment# 64 1alid demand
-
I.P system is already in %lace in 2i;A (2iMoram, ;a!aland, Arunachal Pradesh), then 'hy should it not be im%lemented in 2ani%ur, 'hich is in the same !eo!ra%hical area, facin! similar %roblems for immi!ration#
I.P system doesn&t %rohibit outsiders from enterin! into a state# It merely reuires them to !et re!istered so they can be easily identified#
6
Any section of the citiMens residin! in the territory of India or any %art there of ha"in! a distinct lan!ua!e, scri%t or culture of its o'n shall ha"e the ri!ht to conser"e the same# 0his demand is therefore constitutional and le!al# Anti I.P ar!ument
Indian Polity 125 Mrunal
-#
0he ;orth Eastern states lac labour and trained %rofessionals# (octors, CAs etc#) Hence I.P %ermit 'ill be a setbac for the already underde"elo%ed re!ion#
# 2i!ration is an issue for all re!ions in the country# It is una"oidable# 6# 0he %roblem of ille!al mi!rants (Ban!ladeshi, ;e%ali, Burmese) can be tacled easily by increasin! the border security# 0herefore, I.P is not necessary# ># If I.P system is im%lemented in 2ani%ur, other states 'ill also start demandin! the same, this %olitical %ro%a!anda 'ill be harmful for national inte!ration# 0he case of 2e!halaya •
1ery similar ar!uments of rise of immi!rants are %resent in 2e!halaya also#
•
0he !o"ernment created a committee under its y#Chief 2inister to recommend ste%s#
•
Another solution 'as to %ro"ide for a 6tier I card for immi!rants#
•
0here are already other strict %ro"isions in 2e!halaya to %rohibit =outsiders& from buyin! %ro%erty#
•
Also, contractors em%loyin! more than 7 immi!rant 'orers need to re!ister 'ith the state# Persons in ;e's4 2ani%ur
-#
Dhundra%am Pradi%umar
HI1 %ositi"e bodybuilder# has 'on a bronMe in the 2r /orld com%etition in Ban!o (*-)
-
2ary Dom
.ondon lym%ics, *-# BronMe in 8emale Bo+in! (8ly'ei!ht (7-!))
-
ram Ibobi Sin!h
C2 of 2ani%ur# (third consecuti"e term)
2CJs J-# 8ind Correct Statement -#
0he system of I.P is reui red for tourists "isitin! the states of ;a!aland, 2e!halaya and Arunachal Pradesh#
# Indian tourists are not reuired to !et these I.P %ermits# Choice A# nly B# nly C# Both # none
Indian Polity 126 Mrunal
J# /hich amon! the follo'in! 'ere %rincely states durin! the main! of Constitution< -#
2ani%ur
# una!arh 6#
Baroda
># Bho%al Choice A# nly -, and 6 B# nly - and 6 C# nly and 6 # All of them J6# 2o"in! from ;orth to South, 'hich is the correct order< A# 2iMoram, 2ani%ur, ;a!aland B# 2ani%ur, 2iMoram, ;a!aland C# ;a!aland, 2ani%ur, 2iMoram # 2iMoram, ;a!aland, 2ani%ur J># 8ind Incorrect Statement -#
2ary Dom 'on *- lym%ic BronMe for female bo+in! under .i!ht'ei!ht cate!ory#
# Dhundra%am Pradi%umar is a famous HI1 %ositi"e bodybuilder from 2iMoram# Choice A# nly B# nly C# Both # none 2ains -#
Dhundra%am Pradi%umar (m)
# 0he case for Inner .ine Permit in the ;orth Eastern states is a com%le+ one# AnalyMe the situation and !i"e %ossible solutions# 6# India&s Economic Policy has chan!ed but its Po%ulation %olicy is yet to chan!e# Comment 'ith res%ect to the recent immi!ration issues of the country#
Indian Polity 127 Mrunal
Inter"ie' -#
/hat are your "ie's on the Inner .ine Permit issue< Is there a %ossible middle %ath<
# Can you su!!est a fe' %ossible measures that can be a %ossible 'i n'in situation to both immi!rants and locals< 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 9 ele!ated le!islation4 meanin!, ad"anta!es, criticism e+%lained
/hat is ele!ated .e!islation< •
2P:2.As mae the la' only in a broad seletal form#
•
0hen e+ecuti"e (union:state Go"ernment and its bureaucrats) fill u% the minor technical details#
•
•
•
/hen le!islators outsources the la' main! 'or (%artially) to the e+ecuti"es (Bureaucrats), this is no'n as ele!ated .e!islation : subordinate le!islation# In other 'ords, dele!ated le!islation /hen %arliament confers the la' main! %o'er to the e+ecuti"e# 8or e+am%le, le!islature enacts a la' re!ardin! the re!istration of 2otor 1ehicles# 0hen e+ecuti"e (Go"ernment and its bureaucracy) mae %ro"isions re!ardin! 'ho 'ill !et the license and ho'< (Brin! %roof of residence, Pass%ort siMe %hotos etc# you&ll ha"e to %ass a 'ritten test on traffic si!ns, then you&ll ha"e to dri"e "ehicle in %resence of R0 ins%ector and so on) Ad"anta!es of ele!ated .e!islation
ele!ated .e!islation is uni"ersally reco!niMed and is both desirable and le!itimate# .ac of 0ime •
Parliament and State .e!islati"e assembly (S.A) are too busy, they&"e to mae la's affectin! e"ery one&s life from 'omb to tomb#
•
And often these houses are ad3ourned due to shoutin! and ruc sacin! of 2Ps:2.As#
•
In such situation, dele!ated le!islation is ine"itable# .ac of E+%ertise
•
2odern le!islation reuires technical e+%ertise of the sub3ect matter for e+am%le I0 security, money launderin!, clinical research etc#
•
2P:2.As are re%resentati"es of %eo%le# 0hey&re not re%resentati"es of %hysics, chemistry, economics or medical science#
•
0herefore, Parliament : S.A is not omniscient (no'in! e"erythin!)#
•
•
Parliament:S.A does not %ossess the e+%ertise to decide 'hether thalidomide or lomotil should be administered to e+%ectin! mothers, or 'hat ty%e of %o'ers should be !i"en to an in"esti!atin! officer dealin! 'ith I0 security# So it is better to allo' bureaucracy to fill out those details in a la'#
Indian Polity 128 Mrunal
2ore fle+ible •
•
In dele!ated le!islation, %arliament : S.A maes la' in a broad seletal form# 0hen e+ecuti"e (Go"ernment: bureaucrats) fill u% the minor details# So those minor details can be chan!ed immediately 'ithout reuirin! a formal amendment in the %arliament : S.A# more fle+ible# ele!ated le!islation can be ra%idly ad3usted to meet the local reuirements# (e#!# durin! outbrea of e%idemic, natural disaster)#
•
ele!ated le!islation hel%s durin! unforeseen crisis e#!# 'ar, e%idemic, natural disaster, economic crisis etc#
•
ele!ated .e!islation allo's e+%erimentation# In the li!ht of e+%erience, you can chan!e it immediately# AntiAr!uments
-#
0he ar!ument that %oliticians lac technical e+%ertise is hollo' because e"en e+ecuti"es (bureaucrats) are not e+%ert on all technical matters, they&d need to consult the e+%erts in the res%ecti"e field (e#!# medicine, I0, economics etc#)
# Go"ernment (and its Bureaucrats) often mae %ro"isions under dele!ated le!islation that it becomes difficult and cumbersome for common man to see remedy e"en in the courts# 8or e+am%le, in -555, e%artment of 0elecommunications had issued a notification under the 0RAI Act that if there is any dis%ute bet'een licensee (com%any) "s Go"ernment, then only Go"ernment can mae reference to 0RAI# (2eanin! com%any cannot directly a%%roach 0RAI in case of telecom related dis%ute#) this is a blatant misuse of dele!ated le!islati"e %o'ers# 6# .a' main! %o'er in the hands of e+ecut i"e curtails indi"idual liberty, leads to arbitr ariness and in3ustice# ># sometimes e"en ta+ related la's are also dele!ated, it !oes a!ainst the %rinci%le of Kno ta+ation 'ithout re%resentation#L 7#
Administrators don&t consult common %eo%le e"en 'hile main! la's that affect their li"es#
?# ele!ated le!islation 'ill decrease the control of le!islature o"er e+ecuti"es# N#
0he constitution entrusts the duty of la' main! to the %arliament and the "arious state le!islatures# 0hey cannot betray the trust and transfer this duty to some other authority#
F# In the name of technical la' main! by e+ecuti"e sometimes e"en basic or those that can be made by the le!islature# 5# 0he e+ecuti"e is unconnected 'ith the %eo%le and thus they 'ould not tae into account a lot of substanti"e interests of %eo%le# 0hey&re more focused on technicalities of im%lementation or 'hate"er ser"es their interest# (e#!# %resently under R#0#I act, the bureaucracy must !i"e information 'ithin 6* days# But if the same R#0#I la' main! 'as dele!ated to them, they&d ha"e !i"en deadline of 5* days instead of 6* days]) -*# Parliament does not ha"e adeuate facilities to scrutiniMe e"ery %iece and section of dele!ated le!islation# (0he %arliamentary committee on subordinate le!islation is not a Committee of technical e+%erts# hence lacs the acumen to chec#) this turn dele!ated le!islation into one form of des%otism# Safe!uards
-. Parliamentary Safe!uards4 •
•
Parliament has "arious Committees (lie Public accounts Committee, de%artmental standin! Committees)# Similarly there is one Committee on Subordinate le!islation# It carries out detailed scrutiny of all the rules framed by the e+ecuti"es throu!h dele!ated le!islation# 0he committee then submits its re%ort to the s%eaer of the .o# A co%y also tabled in Ra3ya Sabha#
Indian Polity 129 Mrunal •
If e+ecuti"es mae some mischief in la' main!, %arliament : S.A can al'ays o"er ride it# ele!ated le!islation is meant to sa"e the time of le!islators 'ithout underminin! their res%onsibility # 4 udicial Safe!uards4
udiciary can declare a dele!ated le!islati"e acts as Kin"alidL if -#
0he %arent act (enablin! act) itself is ultra "ires (a!ainst the Constitution)#
# 0he %ro"isions of subordinate le!islation "iolates the Constitution 6# Subordinate le!islation is mo"in! in a different direction than the %arent act (enablin! act)# 2oc Juestions -#
/hat is the meanin! of ele!ated le!islation a#
/hen %arliament confers the la' main! %o'er to the 3udiciary#
b# /hen e+ecuti"e confers the la' main! %o'er to the %arliament# c#
/hen %arliament confers la' main! %o'er to state le!islati"e assemblies#
d# /hen %arliament confers the la' main! %o'er to the e+ecuti"e# # /hich amon! the follo'in! Committees of %arliamen t, is res%onsible for scrutiniMin! dele!ated le!islation< a#
Committee of %ri"ile!es
b# General %ur%ose Committee c#
Rules Committee
d# Committee on subordinate le!islation# 6# /hat is the %ur%ose of Art 7* in the Constitution of India< a#
Se%aration of le!islature from the e+ecuti"e#
b# Se%aration of la' main! %o'er from la' e+ecutin! %o'er# c#
Se%aration of 3udiciary from e+ecuti"e#
d# Se%aration of dele!ated le!islation from enablin! le!islation# ># /hich amon! the follo'in! ar!uments fa"ors dele!ated le!islation< a#
Bureaucrats are incom%etent and !reedy#
b# .e!islators ha"e sufficient time and e+%ertise to enact e"ery la' in full detail# c#
le!islators donot ha"e sufficient time and e+%ertise to enact e"ery la' in full detail#
d# 3udiciary is better eui%%ed to enact la's than le!islature# 7#
0he %rereuisite for a dele !ated le!islation is4
Indian Polity 130 Mrunal
a#
:6rd ma3ority of all members of both the houses#
b# :6rd ma3ority of all members of only lo sabha c#
:6rd ma3ority of all members of only Ra3ya Sabha
d# ;one of abo"e# ?# ele!ated le!islation conce%t is a%%licable to a#
nly %arliament
b# nly state le!islati"e assembly c#
Both
d# ;one of abo"e# 99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999 999 Education4 Go"ernment schemes, or!aniMations, SAB.A, ;PEGE., almani, Bal Shree, moc uestions !ntro"uction •
.ist is not e+hausti"e# Article is 'ritten mainly ee%in! the 2CJs 'orthy information and simmin! the rest#
•
Article is sub3ect to re"ision# Constitutional rovisions a;t )"ucation
-7
Ri!ht
Prohibitionof discrimination#
-:A
Ri!ht
8ree and com%ulsory education for ?-> y#o# ids
6*:-
Ri!ht
2inority educational institutions#
7-h
uty
e"elo% scientific tem%er, humanism, s%irit of inuiry and reform (lolM tell that to de"otees of 5hongi /aba-log)
7-A(D )
uty
Parent:!uardian %ro"ide education to their ?-> y#o ids#
>7
PSP
State shall !i"e early childhood care and education for all ids u%to ? y#o#
>?
PSP
State to loo after Educational and economic interests of SC, S0,BC# -#
SC-7X
#
S0N#7X
Indian Polity 131 Mrunal
6#
BCNX
these X a%%ly to central (not state) educational institutions# In state edu# Institutes, reser"ation de%ends on %o%ulation# E#!# Pun3ab has no S0 reser"ation# 0amilnadu only -X S0 reser"ation#
F?th
56rd
Amendmen t
•
F?th Constitutional amendment **
•
It inserts -:A ids ha"e ri!ht to education#
•
It inserts 7-A()adults ha"e duty to %ro"ide education to their ids#
•
56rd Constitutional amendment act **7 It amended art -7 (8undamental Ri!ht) to %ro"ide reser"ation for SC,S0 and BC in %ri"ate institutions# (includin! selffinanced but e+cludin! minority educational institutions#)
•
Amendmen t
it nullified Su%reme court&s 3ud!ment in Inamdar case that State cannot im%ose reser"ation on %ri"ate unaided institutions#
•
*chee: oo"
•
2idday meal
SAB.A
Girl s
Class - to F# A%%licable to Go"t#schools, Go"ernment aided schools, local body schools, EGS, AIE centre , 2adrasas and 2atabs#
Dids •
Started in -557#
•
Ra3i" Gandhi Scheme for Em%o'erment of Adolescent Girls
•
0o %ro"ide nutrition for !ro'in! adolescent !irls by %ro"ision of food !rains#
•
All !irls 'ill be !i"en a ishori card 'hich 'ill be u%dated 'ith details of the !irl&s !ro'th and %ro"ision of the food !rains#
*chees: infraF*ervices 0erm
0ar!et
Pro"ision
R0E&*5#
Dids
8undamentalri!ht
notes
•
Art -A : F?th amendment **
•
Ri!ht to education act %assed in **5#
Indian Polity 132 Mrunal
Sar"a Shisha Abhiyan (SSA)
Dids
•
Became o%erati"e from - st A%ril *-* (a%ril fool
•
Started in **-#
•
R0E is bein! im%lemented "ia SSA#
•
alternati"e schools,
•
Brid!in! !endersocial !a%s in enrolment, learnin!#
Infra9ser"ices
R2SA
0eens
Infra,ser"ices
Rahstriya 2adhyami Shisha Abhiyan Started in **5# 0o enhance access to secondary education# 0o increase the enrollment rate from current 7X (**7*?s number) to N7X 'ithin fi"e years# Pro"ide secondary school 'ithin reasonable distance from any habitation# Pro"ide affor"a;le (not free) secondary education to all# uni"ersal access to secondary education by *-N uni"ersal retention by **#
Sashar Bharat
Illiterate adults#
Infra9ser"ice
Earlier no'n as ;ational .iteracy mission (;.2) 8or illeterates abo"e -79 a!e# Setu% .o Shisha Dendras (Adult Education Centres)# Primary focus is on /omen#
Dasturba Balia 1idhyalaya
!irls
Infra9ser"ice
Residential u%%er %rimary schools for !irl SC,S0,BC,2inority !irls0ar!et4 scattered habitation#
;PEGE.
Girls ^elementary le"el#
Ser"ice:su%er"ision
;ational Pro!ramme for Education of Girls at Elementary .e"el to reduce the school dro%outs by !i"in! s%ecial attention to 'ea !irls# In "illa!es, 'omen&s !rou% are formed# 0hese !rou%s do follo' u%:su%er"ision on !irl&s enrollment, attendance, achie"ement#
2ahila Samaya
Rural 'omen
A'areness
Educatin! rural 'omen for em%o'erment# @nder this scheme 'omen&s forums (2ahila San!ha) created# It %ro"ides s%ace for rural 'omen to meet, discuss issues, as uestions, mae informed choices# Im%lemented in ten states#
Girls hostel >
Girls
isabled students
Class 5 to -
•
SC:S0:BC:BP.
•
In educationally bac'ard blocs#
•
0his 'ill be mer!ed 'ith R2SA in -th 8P#
Infra(hostel)
secondary9hi!her
IESS
•
Ser"ices 9 cash to !irls#
Inclusi"e Education for isabled at Secondary Sta!eEnroll disabled students in hi!hschool (class 5-)
Indian Polity 133 Mrunal
School Health Pro!ramme
ids
ser"ice
A 'ide ran!e of acti"ities to tar!et healthiness amon! school students#Biannual health screenin!s and early mana!ement of disease,disability,etc# /eely Iron and 8olic Acid Su%%lement (/I8S) to tacle anemia in boys and !irls# ImmuniMation schemes,etc
Babu a!3i"an Ram Chhatra'as o3ana
hi!hschool 0eens colle!ians
Hostel, infra
Hostel 8acilities to SC boys and !irls in 2iddle and Hi!her Secondary Schools, Colle!es, @ni"ersities# 8unds !i"en to states, ;Gs to create infrastructure#
almani
Ruralids
Installation of standalone 'ater %urification systems in rural schools# -**X central assistance# 0his is done by 2inistry of rinin!
Infra
/ater and Sanitation# •
BalShreescheme
EGS
AIE
IC0inschools
Dids
•
teachin!:trainin!
Dids in remote areas
0eachin!
e%ri"ed ids child laborers street ids etc#
0eachin!
All
.aunched by national Bal bha"an# Identify ids in four areas of creati"ity 4 art, %erformance, science, 'ritin!
•
And then train and nurture them#
•
Education !uarantee scheme
•
7 ids in the !i"en habitation but no school 'ithin distance of - ms# (-7 for hill, tribal, desert hemlet#)
•
Alternati"e education inter"entions
•
Hi!h s%eed internet connection#
elearnin! •
1irtual classrooms, online teachin! and other fancy stuff#
(rganiations Scheme
;ational council for teacher education
;ational bal bha"an
tar!et
0eachers
;otes
•
;orms for techer trainin! institutes
•
2inimum ualification for a%%ointment of teachers
•
Sur"ey, research and other fancy stuff#
•
8unded by HR ministry
ids
Indian Polity 134 Mrunal
•
Dendriya "idhyalaya (D1)
CBSE
;IS
;CER0
a'ahar ;a"odaya 1idhyalaya (;1)
Dids of transferable central Go"t#em%loyees 9efence %ersonnel#
0eens
e"elo% creati"ity in ids a!ed 7-?# ance, drama, %aintin!, craft 'orsho% etc# fancy stuff#
•
;o fees for boys u%to class F and SC:S0 u%to -
•
-** D1 in ;orth East
•
-**X centrally funded#
•
Central Board of secondary education#
•
Board e+ams (-*,-)
•
All India %re2edical, dental, en!ineerin! e+am
•
Entrance test for ;a"odaya 1idhyalaya
•
esi!nin! syllabus
•
;ational institute of o%en schoolin!#
•
istance education for secondary and senior secondary
•
1ocational courses
•
.ar!est o%en schoolin! or! in the 'orld
•
Established in ?*s#
•
national council of educational research and trainin!#
•
0eacher trainin! throu!h E@SA0
•
Educational content "ia Gyan arshan and Gyan 1ani#
0eens
Dids 90eens 9@PSC as%irants
Rural ids •
•
Identify bri!ht rural students !i"e them better schoolin!# (free te+tboo, uniform, hostel)# Class ? to -#
Indian Polity 135 Mrunal
•
Admission based on entrance test#
•
66X reser"ation for !irls#
•
•
•
an Shishan Sansthan
@GC
Adults
•
@ni"ersity !rants Commission#
•
Statutory or!#
•
Established in 7*s
•
•
I;ES0
;B0
1ocational trainin! to nonliterate, neoliterature, school dro%outs# 0ailorin!, soft toys, cotta!e, leather etc#
Colle!ians
Colle!ians,@PSCas%irants
Has lah 9 students, in 7**9 ;1#
•
•
IG;@
;ational inte!ration by e+chan!in! students from hindi, nonhindi belt#
Coordination bet'een union and states re!ardin! hi!her education#
Established in F7# Hi!her education for those 'ho cannot attend re!ular colle!e#
•
Gyandarshan> hr edu# Channel
•
Gyan 1aniEducational 82 radio
•
E@SA0e+clusi"e educational satellite#
•
Indian national di!ital library for scitech#
•
@nder HR ministry
•
;ational Boo trust#
•
Autonomous under HR 2inistry
elibrary
readers
Indian Polity 136 Mrunal
/IP
2odelschools
Pirates
•
Publication of boos
•
Promotion of boos abroad
•
Increase readin! habit
•
r!aniMe boo fairs
•
/orld intellectual %ro%erty or!aniMation#
•
S%ecialiMed a!ency of @;
•
India&s Commerce ministry coordinates 'ith /IP#
•
0hese are based on Dendriya 1idhyalaya tem%late#
•
Setu% in Educationally bac'ard blocs under -- th 8P#
Dids
*chees: CA*FscholarshiFaar"
•
•
hanlashmi
Girls
•
•
•
Ra3i" Gandhi ;ational 8ello'shi% Scheme
;ational "erseas Scholarshi%
Conditional Cash 0ransfer for Girl Child follo'in! 6 conditions# At birth and Re!istration of Birth# Pro!ress of ImmuniMation and Com%letion of ImmuniMation# Enrolment and Retention in School# 0he scheme is to chan!e attitude of a thinin! a !irl child as financial burden#
•
Assistance to SC:S0 students for 2#Phil, Ph %ro!rammes#
•
@GC is the nodal a!ency#
•
0o SC,S0,artisans,tribals,'ea"ers,etc#
Colle!ians
colle!ians •
8or hi!her studies abroad (2asters:Ph) in the field of En!ineerin!,0echnolo!y,Science#
Indian Polity 137 Mrunal
r#Ambedar national scholarshi% scheme#
Class -* student from SC:S0:%oor family
2aharshi Badrayan 1yas Samman
6*>* yo Sansrit Scholars#
•
•
ne time cash a'ard of Rs#- lah to 6 students scorin! hi!hest mars in class -*
A'ard for Research on Sansrit : ancient Indian 'isdom#
%ocD uestions -#
/hich of the follo'in! or!# is associated 'ith HR ministry a#
I;ES0
b# ;ational Boo 0rust c#
;ational Bal Bha"an
d# All of abo"e # /hat is the %ur%ose of an Sishan Sansthan< a#
Pro"ide "ocational trainin! to nonliterate, neolitearate and school dro%outs#
b# Pro"ide basic education to illiterate adults# c#
Create a'areness about health and re%roduction amon! rural %eo%le#
d# ;one of abo"e# 6# Correct chronolo!ical order< (older to ne'er) a#
2id ay meal, R0E, SSA
b# SSA, 2id ay 2eal, R0E c#
R0E, 2id ay meal, SSA
d# 2id ay 2eal, SSA, R0E# ># /hat is the %ur%ose of almani o3ana< a#
Install 'ater %urifiers in remote hemlets 'ith %o%ulation less than 7**#
b# Installation of 'ater %urifiers in rural schools#
c#
Pro"ide drinin! 'ater in desert areas
d# Pro"ide subsidy to farmers for installin! dri% irri!ation system# 7#
/hat is the %rimary aim of hanlashmi o3ana< a#
Pre"ent child marria!es#
b# Promote intercaste marria!es
Indian Polity 138 Mrunal
c#
Chan!e the mentality of seein! !irl child as a financial burden#
d# Pro"ide scholarshi% to bri!ht !irl students to %ursue PG or Ph## ?# /hich amon! the follo'in! Indian ministry coordinates 'ith /IP< a#
HR
b# E+ternal affairs c#
Commerce and industries#
d# Science and technolo!y N#
@GC is a a#
Statutory or!aniMation
b# Attached office of HR ministry c#
Constitutional body
d# Subordinate office of HR ministry F# /ho releases Educational content "ia Gyan arshan and Gyan 1ani# 0he Dendriya "idhyalaya are meant for
-#
/ards of 0ransferable state Go"ernment em%loyees
# /ards of 0ransferable central Go"ernment em%loyees 6# /ards of efense %ersonnel ># Bri!ht students from na+al affected areas Choice a#
nly - and >
b# nly and 6 c#
nly -, and >
d# nly -7# Correct statements about Rahstriya 2adhyami Shisha Abhiyan (R2SA) -#
Pro"ide free and com%ulsory education to hi!h school children#
# Increase the hi!hschool enrollment rate from 7X to N7X Choice
Indian Polity 140 Mrunal
a#
nly -
b# nly c#
Both
d# none -?# /hat 'as the %ur%ose of F?th Constitutional amendment act< -#
2ae ri!ht to education a fundamental ri!ht
# Im%ose duty on %arents and !uardians to %ro"ide for education to their children# Choice a#
nly -
b# nly c#
Both
d# none -N# correct statement -#
56rd amendment inserted article -:A and 7-A(D) in the Constitution#
# F?th amendment modified article -7 of the C onstitution#
Choice a#
nly -
b# nly c#
Both
d. ;one
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