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[Polity] Crime and Criminal Tracking Network Systems

(CCTNS): features, Benefits

1. Crime and Criminal Tracking Network Systems(CCTNS)


2. What are the advantages of CCTNS?
1. Benefits to Senior police officers
2. Benefits to Investigating Officers
3. Benefits to Citizen
3. Future ahead: CCTNS
4. Current Progress of CCTNS
5. Bureau of Police Research and Development(BPRD)
6. What is National Police Mission (NPM) ?
7. Mock questions

Let’s first see how police database system used to work earlier.Ok so
what’s the problem in above system?
 Duplication of records.
 Criminals will just move from one state to another.
 Very hard to track Repeated Offenders.
 Each police station has lot of individual records and files =just
gathering dust. (plus very time consuming to search data in
paper files)

Crime and Criminal Tracking Network Systems(CCTNS)


 Project started in 2009. (In the wake of 26/11 attack.)
 This is a project under the National e-Governance plan.
 It’ll set up infrastructure (computers, printer, scanner, UPS,
router etc) in each police station.
 It’ll connect each police station to a centralized framework. (total
about 14000 police stations in country)
 Make biometric profile (fingerprints, blood group, birthmarks etc)
of convicts.
 Details of Arrested/ Missing/ Kidnapped.
 Online tracking of complaints etc.
 The core software is developed by Wipro. (of Azim Premji)

What are the advantages of CCTNS?


 Easy to track convicts.
 Biometric records of convicts are taken= no confusion in future.
(e.g. if a criminal has done plastic surgery or got a fake driving
license/election card to create new identity to settle in a different
city/state.)
 In the old “Don” movie (starring Big B), criminals kept contacts
and payment details in a Red coloured Diary.
 But in the remake of “Don” (starring Shah Rukh Khan), they’re
using sophisticated hard disks! So, if criminals have upgraded
their “office-procedures”, then police definitely needs more tech
upgrades. Hahaha
 In many schemes (such as right to education), the state
Governments need to contribute some money and they always
keep crying that “we don’t have money so we can’t implement it
properly”.
 But this CCTNS scheme is 100% centrally funded
scheme=States can’t make excuses.
 central data system is very useful for research on crime and for
framing policies related to certain crimes.
 This is very important considering the recent rape incidents, the
juvenile issue and also the nature/origin/background of convicts.

Benefits to Senior police officers


(e.g. SP, DIG etc)

1. Efficient personnel /HR Management (e.g. salary, leave,


promotion, transfer, training schedules etc. of the lower staff)
2. Effectively oversee the investigation.
3. They can quickly access the statistics regarding crime detection,
investigation and prevention.
4. They need such statistical data before
1. a press conference, or
2. replying to an R.T.I. or
3. for supplying information to home minister, for questions
asked in parliament/State legislative assembly.

Benefits to Investigating Officers


(ACP, Police inspector, etc)

 They can contact external agencies like Jails, Courts, Transport,


Passport, Foreigners Registration Offices / depts., etc., for
relevant information.
 Right now they’ve to manually call people or write paper-letters
or send their staff to collect the information. For example

1. Did xyz suspect was in jail during this xyz date or was he out on
parole?
2. Did Mr.X visit xyz country on xyz date?
3. Is this car belong to Mr.X and was it previously owned by Mr.Y?

 They can file On-line reports to senior officers – reduction of day


to day paper work= now they can spent more time and energy
doing actual investigation.
 They can access On-line library containing checklist on
investigations, court judgments, police manuals etc. to prepare a
‘full-proof’ charge sheet against the suspect.
 They can allot assignments, patrolling-schedules etc. to the staff
quickly.

Benefits to Citizen
 You can register complaints can online.
 You can track the progress on your FIRs online. (Similar to
Track your application in Passport Seva Kendras- software
developed by TCS company for Ministry of External affairs.).
 You can download various forms (police clearance for domicile
certificate etc.)
 You requests police to verify background for servants,
employment, tenants.
 senior citizen registrations can register themselves (so
policeman will visit your home once in a while to see everything
is ok)
 Motor Vehicle Tracking System,
 List of missing persons, unidentified persons & dead bodies. So
you don’t have to go from pillar to post to get such information.

FIR registration software


Future ahead: CCTNS
 Centralized IT enabled Police Passport Verification= Faster
verifications.
 Summons and Warrants can be approved online. In districts and
remote villages, it takes a lot of time to reach court and get a
warrant.
 In case of Inter-state crimes, faster and improved coordination
among police stations.

These are just some of the planned expansions. Many more can be
introduced. (and you can asked to give suggestions during interview.)

Current Progress of CCTNS


 All the States/UTs have started incorporating the system.
 Pilot schemes have been launched at various police stations in
the country from Jan 2013.
 These pilot schemes mean that those police stations will be
using the CCTNS for all their police work.

Now, for some other information regarding police reforms in the


country:

Bureau of Police Research and Development(BPRD)


 Setup in 1970.
 Acts as the consultant organization for Police reforms for the
government.
 Conducts Research on Police development, -modernization,
training, administration and other aspects.
 Conducts Seminar, Conferences on Police development.

This BPRD has set up a “National Police Mission (NPM)”.

What is National Police Mission (NPM) ?


 Formulated in 2005.
 For initiation national level reforms in police.
 Various Micro Missions have been created under this Mission,
such as:

1. Human resource Development.


2. Community Policing.
3. Communication and Technology.
4. Infrastructure.
5. Proactive Policing

While this nation police mission mission is created with such high
level objectives, it will work only if the state governments take its
recommendations seriously and actually undertaking police reforms.

Mock questions
Q1. Find Correct statement?

1. CCTNS is an initiative by Ministry of Home affairs for


modernization of police
2. The Centre and State will share the cost of building CCTNS
infrastructure in the ratio of 75:25.

a. Only 1
b. Only 2
c. Both
d. None

Q2. Find correct statement

1. The Software Development Agency for creation of software for


the CCTNS project is TCS.
2. The partner for Ministry of External Affairs in the Passport Seva
Kendras is Wipro.

a. Only 1
b. Only 2
c. Both
d. None

Q3 Find incorrect Match

Subject List

a. Public order State

b. Criminal law, including all matters in IPC. Union

c. Criminal procedures, including all matters in CrPC Concurrent

Mains

1. BPRD. (5 marks)
2. CCTNS.(5 marks)
3. Discuss the features and benefits of Crime and Criminal
Tracking Network System.(15 marks.)

Essay

1. Police Reforms
2. Policing the Police
[Polity] Judicial Impeachment, reforms, Judicial
accountability Bill,Sri Lankan CJ Impeachment

1. Judicial Accountability: intro?


2. Judges Impeachment: India
3. Justice Soumitra Sen impeachment
4. Justice P Dinakaran impeachment
5. Reforms necessary
6. Judicial Standards and Accountability(JSA) Bill
7. National Judicial Oversight Committee
8. Sri Lankan Chief Justice Impeachment
9. Mock Questions

Judicial Accountability: intro?


Judicial Impeachment is an ongoing issue in a lot of countries,
including India. There are a lot of related topics in this issue, which will
be discussed below individually.

 The judiciary is the interpreter of the constitution.


 It is the chief redressal mechanism for all the citizens.
 Its accountability is therefore utmost necessary.
 But, the review of the accountability cannot lie fully with the
legislature too.
 Hence in India, we have a system in place under the Judges
Inquiry Act,1968.

Judges Impeachment: India


 A minimum number of 100 members in Lok Sabha or 50
members in Rajya Sabha have to give motion for the
impeachment of a judge.
 An inquiry committee is setup with the constitution as follows
1. Chief Justice or any other Judge of the Supreme Court.
2. One Chief Justice of High Court.
3. An eminent Jurist.
 After the committee enquires into the matter, report submitted to
house.
 The judge (SC or HC judge) has to be proved to have acted in
incapacity or misbehavior.
 The motion is put to vote and when both houses pass the motion
with a 2/3rd members present and an absolute majority, the
judge is impeached.

Justice Soumitra Sen impeachment


 Motion was brought by Mr.Arun Jaitley and Mr.Sitaram Yechury
in Rajya Sabha.
 The enquiry was setup and Justice Sen was found guilty of
misappropriating funds related to a case.
 The RS passed the motion.
 Before it could go to LS for voting, Justice Sen resigns.
 Now, since he has resigned from his post, there is no case of
impeaching him.
 The law is silent regarding the resignation of judge during
impeachment. Hence, there is no legal binding on the judge to
sit through the impeachment proceeding.
 This has enabled Mr.Sen to live like a “common citizen”, getting
his pensions, boasting legal titles ex-SC judge, etc. He gets
monthly pension too!!

Justice P Dinakaran impeachment


 The motion was brought in LS.
 The committee was formed to look into the allegations was
formed.
 Before the committee could even start doing some fact finding,
Justice Dinakaran resigned.

Reforms necessary
 The judges can easily escape the embarrassment of an
impeachment proceeding by resigning from their post.
 So even if a judge has resigned, the proceedings should
continue against him for impeachment.
 A resignation can be accepted only if the President accepts it.
Even without amending the law, the President can withhold the
resignation letter of the judge till the proceedings follow through.
 For a long term solution, an amendment has to be passed to
make sure that if an impeachment proceeding has been
accepted in the Parliament, then resignation is not an option!
Now, let us look at some other current affairs related to Judicial
Impeachment.

Judicial Standards and Accountability(JSA) Bill


 Though the above reforms do not come under this bill, the JSA
bill is an amendment to the procedure to be followed in matters
of impeachment of judges.

The Judicial Standards and Accountability Bill, 2010 requires

1. Judicial Standards and Accountability Bill, 2010 requires


2. lays down judicial standards, and
3. establishes processes for removal of judges of the Supreme
Court and High Courts.

National Judicial Oversight Committee


 The Bill establishes the National Judicial Oversight Committee,
the Complaints Scrutiny Panel and an investigation committee.
 Any person can make a complaint against a judge to the
Oversight Committee on grounds of ‘misbehaviour’.
 A motion for removal of a judge on grounds of misbehaviour can
also be moved in Parliament.
 Such a motion will be referred for further inquiry to the Oversight
Committee.
 Complaints and inquiries against judges will be confidential and
frivolous complaints will be penalised.
 The Oversight Committee may issue advisories or warnings to
judges, and also recommend their emoval to the President.
(Courtesy: prsindia.org)

Sri Lankan Chief Justice Impeachment


 SL CJ Mrs.Shinara Bandaranayake was appointed, first, as a
SC judge without any experience in 1996.
 She was an Associate Professor at the University of Colombo
earlier.
 Hence, her appointment as the Chief Justice was also widely
seen as politically motivated.
 In 2012, she did not allow the SL Parliament to pass a vital bill
giving for wide powers to the Centre overriding the powers of the
Provinces.
 So, the Parliament started impeachment proceedings against
her in allegations of corruption, misappropriation of funds,
corruption charges related to her husband, overstepping of
authority,etc.
 The main problem in SL is that there is no law, like the Judges
Inquiry Act in India, to define the process for impeachment
proceedings.
 When a similar issue came up in 1984, the SL Parliament
passed a standing order to form a Parliamentary Select
Committee(PSC) for investigating impeachment allegations.
 The PSC formed in this case was widely political in its
constitution, with 7 of its 11 members being from the ruling party.
 Without any surprises, the PSC recommended the impeachment
of Mrs.Bandaranayake and the SL President has also appointed
a new Chief Justice.
 Though the allegations maybe true or false, the way in which the
PSC was formed and the whole trial was conducted, has tainted
the impeachment proceeding. This has also lead to widespread
support to Mrs.Bandaranayake.

Mock Questions
1. Who among the following will be members of an enquiry committee
if setup, to look into allegations resulting in removal of judge in the
Supreme Court of India?

a. Judge of the Supreme Court


b. Chief Justice of a High Court
c. Judge of a High Court
d. Eminent Jurist

Answer choice:
a) A,B,C b)A,B,D c)A,D, B or C d) None of these
2. Who is the new Chief Justice of Sri Lankan Supreme Court?

a. Mohan Peiris
b. Kumar Rantanade
c. C.G.Weeramantry
d. Shirana Bandaranayake

Mains

1. What are the main features of the Judicial Standards and


Accountability Bill,2010? (150 words)
2. Sri Lankan Chief Justice impeachment was a case of right
impeachment through wrong methods. Do you agree? (200
words)

Polity] Juvenile Justice Act: features, Controversy post


Delhi-Gangrape, National Commission for Protection of
Child Rights (NCPCR)

1. What is Juvenile Justice Act 2000?


o Features of Juvenile Justice Act
o Special Juvenile Police Unit
2. Why in News/Controversy?
3. Pro arguments (= reform needed)
o Juvenile Justice in other countries
 United Kingdom
 United States of America
 Australia
o PIL in Delhi Highcourt
4. Anti-arguments (no reform needed)
5. Reforms initiated
1. UP
2. Kerala
National Commission for Protection of Child Rights (NCPCR)
Functions of NCPCR?
Constitutional Provisions
UN DECLARATION OF THE RIGHTS OF THE CHILD
Mock questions

What is Juvenile Justice Act 2000?


 In India, we have accepted the policy of “no imprisonment for
children” for any offence.
 The Juvenile Justce Act of 2000 is the “tool” to implement that
policy.
 The Crimes committed by those under the age of 18, fall under
this act.
 Applicable across India (minus Jammu and Kashmir).
 Full name: Juvenile Justice (Care and Protection of Children
)Act, 2000 (JJA)
 JJ Act deals with two categories of children

Juvenile in
Child in need of care and protection conflict with
law

Children found in difficult circumstances and


Children
are in danger of survival and growth.For
Who? involved in
example rescued from a brothel, illegal
crime.
factory etc.

Juvenile
Authority Child Welfare Committee. Justice
Board.

 Under JJ act, ^each category of children are kept in separate


care-houses.

 Child himself can appear before the Competent Authority and


demand his/her rights.

Features of Juvenile Justice Act


1. Juvenile cannot be kept in police lock-up or jail.
2. Juveniles cannot be treated or sentenced in the same manner
as the adult criminals.
3. Cases involving juveniles are tried by juvenile Justice board and
not by regular courts.
4. Juvenile Justice board consists of magistrate and two social
workers.
5. The case is decided by majority.
6. If a Juvenile criminal is convicted, at maximum he gets three
years in a reform facility. Thereafter he must be released on
probation.
7. Juvenile can only be kept at the special home till he attains 18
years of age.
8. Capital punishment (hanging) or life imprisonment cannot be
imposed on a Juvenile offender, irrespective of the gravity of the
crime.

Special Juvenile Police Unit


 JJ Act has provision for setting up such unit in every police
station.
 Police office of ASI or above rank shall work as as Child Welfare
Officer.
 He shall be assisted by two local NGOs.
 These units are supposed to identify the children who are
vulnerable to engaging in criminal behavior, and extend help to
them.
 But in most of the districts in India, such police units are either
not formed, or they’re non-functional.

Why in News/Controversy?
 One of the rapist in Delhi case, claims to be a Juvenile.
 Delhi police will file a separate charge sheet against him in a
juvenile court.
 Even if he is convicted, he’ll get maximum 3 years stay in a
Juvenile reform facility.
 Once he attains majority (18+), he cannot be kept with minor
convicts at Juvenile reform facility AND he can he be sent to jail
with adult convicts. So he’ll be released.
 This so called “juvenile accused”, had beat that Delhi gangrape-
victim with an iron rod mercilessly. Yet the law calls him a
juvenile and he’ll be released with very light punishment.
 Therefore, people are angry.

Reforms Sought

 The age limit should be lowered for juvenile criminals.


 In case of heinous crimes such as rape and murder, the Juvenile
criminals should be tried just like adult criminals.

Pro arguments (= reform needed)


The National Crime Records (2011) speaks for itself

Crime Juveniles (boys under 18) caught approx. numbers

Rape 1200

Murder 1100

Kidnapping 500

Burglary 500

3 years very low

 The JJ Act provides that a Juvenile Criminal be placed in a


reform facility for maximum 3 years.
 But there is no logical or scientific reason which shows that a
juvenile will be “reformed” within three years.
 In the case of the Delhi rapist, there is no assurance he will be
reformed in three years and will not pose a threat to society for
the rest of his life once released.

Juvenile Justice in other countries


United Kingdom
 Here, the age of criminal responsibility, is set at 10 years.
 Means any individual above the age of 10 is considered fully
aware of the difference between right and wrong.
 In case of a juvenile offender, he can either be tried as a juvenile
or as an adult, depending on the heinousness of the crime.

United States of America


 Same as UK= if the crime was heinous (rape, murder etc.), the
juvenile offenders are tried as adults.

Australia
 Any individual over 14 years of age is held accountable of any
crime committed by him.
 whether the individual is to be tried as a minor or an adult
depends again on the heinousness of the crime.

India

 In India, we’re giving blanket protection to everyone less than 18


years old. Hell, Juveniles are exempt even from special laws
such as POTA, National Security Act etc.
 India too should move towards a Juvenile Justice system with
differential penal provisions. (=if a juvenile has Committed any
heinous crime, he must be tried and punished just like a regular
adult criminal.)

PIL in Delhi Highcourt


 This PIL seeks Delhi Highcourt to declare some provisions of the
Juvenile Justice Act as ‘ultra vires’.
 Because recent incidents show that juveniles, who have attained
the age of 16 years, are involved in serious crimes.
 Such Juveniles are quite well developed and they do not need
the care and protection of the society. Rather the society needs
care and protection against them.
 A person committing a serious crime after attaining the age of 17
years and 364 days cannot be treated differently from the
person who commits the same crime after attaining the age of
18 years and one day.

Anti-arguments (no reform needed)


The age limit for juvenile justice should not be reduced because

 Most of these children grow up in an environment where they


are neglected or face mental, physical or sexual abuse
themselves.
 These happen because most of the children belong to the
poorest of the poor sections of society and grow up watching
violence and abuse in their families and neighbourhoods.
 Throwing them in a jail will not help in their rehabilitation.
 Main reason for juvenile crime is the failure to protect vulnerable
children from falling under the influence of drugs or in the wrong
company of adults.
 Delhi alone has around 80,000 children on its streets.
 When children are living on the streets or in pitiable conditions,
they can easily come under the influence of criminal-minded
adults.

Juvenile Criminals have not increased

 The rate of crime by children (that is, the number of children


committing offences per lakh of the population) has not seen a
substantial increase in the last decade
 It has gone from 0.9 in 2000 to 2.1 in 2011.
 Hence, the demand to lower the age of juvenility is not
supported by crime data relating to children in India.
 Similarly India has seen very low Juvenile crime compared to
Development countries such as USA.

Country Juveniles arrested (2011)

USA More than 11 lakhs

India Around 34,000.

 Awarding death penalty to a Juvenile will be barbarous in a


civilized society.
 A juvenile should not be imprisoned for life, without parole.
Because it would place an unnecessary burden on the taxpayer.
 If a Juvenile is sentenced for long-term prison, he might get into
company of hardcore criminals and come out as a member of
organized crime rather than reformed and responsible citizens.
 It is the certainty rather than the severity of punishment that
deters.

Reforms initiated
UP
 The Uttar Pradesh government has put forward a proposal that
in the case of rape, only those under the age of 16 be treated as
juveniles. (=age limit reduced).

Kerala
 Kerala state Government has decide to amendment to the
Kerala Juvenile Justice (Care and Protection of Children) Rules
 The Social welfare department officials have also suggested that
of juvenile justice rules need not apply in gruesome crimes such
as the Delhi gang rape and such juvenile offenders be treated
like adult criminals.

National Commission for Protection of Child Rights


(NCPCR)
 It is a statutory body. (not Constitutional body like CAG or EC)
 Act passed 2005
 But Commission actually set up in 2007

Functions of NCPCR?
 Review national laws, policies regarding Child rights.
 Recommend measures to Government for their effective
implementation.
 Present annual reports to central Government.

Examine all factors affecting child-


rights and suggest steps to Look into matters relating to
Government

1. Terrorism
2. Communal Violence
1. Children in distress,
3. Riots
2. Marginalised and
4. Natural Disasters
disadvantaged children,
5. Domestic Violence
3. Children in conflict with
6. HIV AIDS
law (juveniles offenders)
7. Trafficking
4. Children without family
8. Maltreatment
5. Children of prisoners.
9. Torture And Exploitation
10. Pornography

Other functions

1. Study international treaties and their implementation in India.


2. promote research in the field of child rights
3. Spread child rights literacy
4. promote awareness
5. through publications, media, seminars and other available
means
6. Inspect juvenile custodial homse
7. Inquire into violation of child rights and recommend initiation of
proceedings in such cases
8. Can Receive Complaints. (any language under 8th schedule, no
fees).
9. Can take sup moto notice for child rights cases.
10. Enjoys powers of a civil court. (can summon documents,
persons, witnesses etc.)
11. Can recommend Government to provide interim relief to
the victim/his family.
12. Can approach the Supreme Court or the High Court and
request them to issue orders or writs.
13. Can recommend Government to initiate prosecution
against child rights violators.

Constitutional Provisions

15/3 State to make special provisions for women and children.

21A Right to education

23 Human trafficking and forced labour

24 Child labour

39 Healthy Development of children

45 Early childhood care +education

47 State to raise level of nutrition and standard of living

UN DECLARATION OF THE RIGHTS OF THE CHILD


According to UN definition, Children=all under Age of 18.
Category Provisions

1. The child shall be entitled from his birth to a


name and a nationality.
2. Enjoy the benefits of social security.
3. Adequate pre-natal and post-natal care.
4. Adequate nutrition, housing, recreation and
medical services.
Survival
5. Child shall not be separated from his mother,
unless exceptional circumstances.
6. Child shall be among the first to receive
protection and relief, in all circumstances and
disasters.

7. State shall provide special treatment for


physically, mentally or socially handicapped
children.
8. Society and the public authorities shall provide
Protection special care to children without a family or means
of support.
9. Shall not be the subject of traffic, in any form.
10. Protected against all forms of neglect,
cruelty and exploitation

11. Shall not be employed before an


appropriate minimum age.
12. Free and compulsory education, at least in
Development
the elementary stages.
13. Full opportunity for play and recreation.

^list not exhaustive, just listing the ‘fodder-worthy’ points for


essay/interview.

Mock questions
Q1. Which of the following is/are correct about Juvenile Justice Act

1. It only deals with the children accused a crime.


2. It is applicable in case of special acts such as POTA (repealed)
or National Security Act etc.
3. In case of heinous crimes, it allows the judiciary to treat juveniles
as adult criminals.

Ans

a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. None.

Q2. Which of the following is outside the jurisdiction of National


Commission for Protection of Child Rights (NCPCR)?

1. Take suo moto notice of cases related to child rights.


2. Sentence jail term to persons involved in child-abuse.

Ans.

a. Only 1
b. Only 2
c. Both
d. none

Q3. Correct Match

Article Related with

1. 21A, 45 Child education

2. 23 Forced labour

3. 24 child labour

a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. All

Q4. Who among following enjoys to the powers to legislate on matters


related to Prison, reformatories, borstal* institutions and other such
institutions?
a. State
b. Union
c. Both (concurrent)

*Borstal= Formerly a British reform school for youths considered too


young to send to prison.
Descriptive

Each for 12 marks (120 words)

1. What are the salient Features of Juvenile Justice Act 2000


(12m)
2. Examine the need for reforms in Juvenile Justice Act.
3. List the functions of National Commission for Protection of Child
Rights (NCPCR)
4. Discuss the Initiatives taken by Government for protection of
Child Rights.

Essay

1. In serving the best interests of children, we serve the best


interests of all humanity.
2. If we are ever to have real peace in this world we shall have to
begin with the children.
3. Justice and peace can only thrive together, never apart.
4. A society that has more justice is a society that needs less
charity.
5. Silence in the face of injustice is complicity with the oppressor.
6. An act of justice closes the book on a misdeed; an act of
vengeance writes one of its own.

Interview

1. What are the responsibilities of a district collector regarding


protection of child rights?
2. Are you in favor of reducing age limit of Juvenile criminals?
Yes/no why?

[Polity] DNA Profiling Bill: Features, Applications,


Criticism
1. What is DNA profiling?
2. Why DNA profiling?
3. Real life Application: Pune Blast
4. DNA Profiling India vs China+USA?
5. Salient Features of DNA profiling Bill
6. Structure
7. Anti-Arguments
o Doesn’t increase crime-detection
o Misuse for Caste identification
o Mistake is possible
o Evidence Tempering
8. Suggestions
9. Timeline
10. Mock Questions

What is DNA profiling?


 It involves collection of a few skin cells, muscle tissues, a hair
root or a tiny amount of blood or saliva etc. body fluids.
 Then, DNA strands are extracted from the sample.
 DNA profiling is useful for solving crimes, confirming if people
are related to each other, paternity testing, identifying dead
bodies, missing persons etc.

Why DNA profiling?


 DNA profiling = best method to identify a person.
 DNA can be collected from body fluids, hair or even from a wine
glass or spoon you just used.
 An individual gets 50% of one’s DNA from each of one’s
parents= can be be used to identify parents, siblings and
relatives of an individual.
 Can help to trace people who are suspected of committing a
crime.
 Can exonerate (free) the suspects who are innocent.
 An individual punished by the court can demand DNA testing to
prove his innocence.

Real life Application: Pune Blast


 Delhi police has taken blood samples of Indian Mujahideen
operatives of Pune Blast.
 On the other side, Pune Police has collected DNA samples from
the apartment in Pune where they were living prior to the blast.
Example toothbrushes and shoes used by the operatives and
even strands of hair.
 This is a common method adopted by the police forces in the US
and other countries to prove a suspect’s involvement in a crime.

DNA Profiling India vs China+USA?


 CBI has sent a letter urging Government to pass the DNA
profiling bill quickly, citing following reasons:

China India

Police DNA
~280 ~6
Laboratories

Lolz, yet to pass the


DNA profiles ~53 lakh DNA profiles
bill.

 Similarly Federal Bureau of Investigation (FBI), USA already


has ~10 million DNA profiles.

Salient Features of DNA profiling Bill


 provides for a national database of DNA profiles.
 This”DNA database” will be used for

1. crime detection
2. as an evidence in judicial proceedings for admissibility of
evidence

Bill legalises collection and analysis  DNA profiling in cases


of the DNA samples for related to

1. Repeat offenders, 1. murder


2. suspects, 2. miscarriage (abortion),
3. missing persons, 3. dowry deaths
4. unknown deceased persons 4. sexual assault
5. “volunteers” for forensic 5. paternity suits (like
purposes. N.D.Tewari) etc.

 Using these profiles, Bill creates indexes within every databank


including: crime scene indexes, suspects index, offender’s
index, missing persons index, unknown deceased persons’
index, volunteers’ index etc. This will help searching particular
entery very quickly.
 The DNA profile of an individual will be deleted if that person
were to be acquitted after the trial.
 DNA profiles can be shared with other countries for cases
related to terrorism, narcotics, illegal human organ sale etc.

Structure
The Bill establishes following organizations:

 To laydown laboratory standards


 procedures for collection analysis of DNA
DNA Profiling samples etc.
Board @National  Will be headed by molecular biologists+
and State levels. members from legal, police, biology etc
fields.

 State DNA labs will collect samples and


National DNA Data feed the data to National DNA Database=
Bank can be accessed anywhere. Help to solve
inter-state crime.

Anti-Arguments
While the DNA profiling bill aims to modernize the crime detection and
conviction, the experts give following arguments against the bill.

Doesn’t increase crime-detection


When UK police created DNA database, did not help to solve more
crimes, despite millions of profiles being added to the database.

Misuse for Caste identification


 DNA can reveal very personal information about an individual,
including medical history, family history and location.
 This database could be used to create DNA databases of
different caste populations of India.
 The Working group of 11th Five Year plan said DNA profiling
technology could be used to study Human population of
different castes in India.

Assumption caste is an immutable genetic trait.

It ignores the fact that individuals change their caste and


Problem
that caste is not uniformly passed on in marriage.
the experts and NGOs fear that in long term, such
Misuse
“caste DNA” database could be misused, for example

1. Asking every person for DNA test, before granting him/her caste
certificates.
2. Instead of conventional population survey, Government could
use DNA profiles for “Extrapolating” statistics and then
increase/decrease reservation for a particular category in
particular state.
3. Excluding a particular caste or a group of people from
reservation benefits.
4. Screening potential suspects on basis of caste. Can be used to
brand certain individuals and communities as people with
‘criminal traits’, just like Britishers had branded certain tribes of
Northern and Central India as ‘criminal tribes’ in past.
5. knowledge of an individual’s exact social background can
damage the institution of an arranged marriage.

 Furthermore, using caste for forensic purposes and to develop


DNA databases could far too easily be abused and result in the
profiling of individuals, and identification errors.

Mistake is possible

Assumption DNA evidence is infallible (100% full proof)

Bill ignores the possibility of false matches, cross-


Problem
contamination, and laboratory error.
For example

1. Aarushi murder forensic expert who testified failed to


case remember which samples were collected at
the scene of the crime!
2. French diplomat DNA report came out with both negative
rape case and positive results!

3. Abhishek rape DNA sample had to be reanalysed after


case
initial analysis did not prove conclusive.

 Yet the Bill does not mandate a set of best practices that could
help in minimising these errors.

Evidence Tempering
 Ideally court order should be necessary if a private citizen
wishes to see the DNA database.
 But here, the DNA Data Bank Manager is empowered to grant
access to any person or Government agency that he considers
appropriate!
 This can lead to tampering of evidence in case of high profile
cases involving VVIP criminals and politicians. Thus leading to
conviction of innocent person and or exoneration of real criminal.
 Although DNA Profiling Bill, provides penalties for misuse of
data : jail up to three years and a fine of up to 10,000.

Suggestions
 DNA profiling should be done only for serious crimes and not
minor offenses.
 Destruction of DNA samples once a DNA profile is created.
 Clearly defining when a court order is needed to collect DNA
samples,
 defining when consent is required and is not required from the
individual for a DNA sample to be taken
 ensuring that the individual has a right of appeal.

Timeline
 draft Human DNA Profiling Bill was made public
 but it had many shortcomings, led to lot of opposition
from NGOs, activists etc. hence this bill was never
introduced in parliament.
2007
 Then Govt. asked Department of Biotechnology +
Centre for DNA Fingerprinting and Diagnostics (CDFD)
Hyderabad, to update the 2007 Bill.

 Tamil Nadu State Governmnt sought to amend the


2010 Prisoners Identification Act 1920 to allow for the
establishment of a prisoners’ DNA database

 DNA data bank for armed forces personnel is setup. It’ll


help identification of mutiliated dead bodies during war
etc. This is unique as so far only USA and Israel have
2012 such facilities.
 Uttar Pradesh government ordered mandatory sampling
for DNA fingerprinting of dead bodies.

Feb New version of bill leaked.Bill is sent to various ministries for


2012 their comment and feedback.
Dec
CBI writes letter to Government, to quickly pass this bill.
2012

Mock Questions
1. What is DNA profiling? List its applications. (12 marks)
2. Write a note on the Salient features of Draft DNA profiling Bill.
(10 marks)
3. Ethical issues involved in DNA profiling. What is your personal
view on them? (Interview).

Polity] Cauvery/Kaveri Water Dispute between Tamil


Nadu and Karnataka,History, 2012 flare up and future

1. Introduction
2. History of the issue
3. Why confusion over creation of Tribunal?
4. Cauvery Water Dispute Tribunal(CWDT)
5. 2012 and the final showdown:
6. The future, what lies ahead:

Introduction
 The peninsular rivers as one must have studied in geography ,
are depended on the annual monsoon. So their flow is
dependent on the success/failure of monsoon.
 This year the monsoons were not even close the expectations.
 So the states that have been sharing the river waters have come
under extra pressure to save their farmers, among which, the
already heightened battle is the Cauvery water dispute between
Tamil Nadu and Karnataka.
 This issue is definitely not new and has been raging for more
than 5 decades now.

Terms

Thousand million cubic feet. Unit of volume which means


Tmcft
total water released.

Cubic feet per second. Unit of flow which means the water
Cusecs
flow released continuously.
History of the issue
 The river Cauvery has been shared by the states under 2
agreements – The Interstate agreements of 1872 and 1924.
 All was well, till the late 1960s when Karnataka wanted to build 4
new reservoirs in the tributaries of Cauvery.
 The Planning commission did not approve to give funds and
neither did the Central government.
 But Karnataka state went ahead with the building of the
reservoirs with its own funds. These reservoirs were

1. Harangi
2. Kabini
3. Hemavathi
4. Suvarnavathy

 This diverted some of the water of Cauvery due to which Tamil


Nadu protested.
 It directed the Centre to create a Tribunal.
 But since the Centre did not create one, Tamilnadu moved the
SC to order the centre. The tribunal was finally formed in 1990.

Why confusion over creation of Tribunal?

Article neither the Supreme Court nor any court shall exercise
262 jurisdiction in water dispute between states.

But the Supreme Court commented that it can however order the
Centre to create a Tribunal which it is supposed to do so under the
Art.262 and the Interstate Water Disputes Act,1956.

Cauvery Water Dispute Tribunal(CWDT)


 To cut short to the story, the CWDT came up with its final order
in 2007, giving

region Water (tmcft)

TN 419

Karnataka 270

Kerala 30

Puducherry 7

 Both Karnataka and Tamilnadu contested this CWDT order in


the Supreme Court via Special Leave Petitions (SLPs), which
are still pending.
 This has prevented the Centre from publishing the CWDT award
in the gazette(which means it will implement the award).
 In the meanwhile, because of the long time the CWDT took to
give its decision, it gave an interim order in 1991 itself for the
riparian states.
 To implement this interim measure, the Cauvery River Authority
(CRA) and the Cauvery Monitoring Committee(CMC) were
formed.

2012 and the final showdown:


 Among all this drama, confusion and powerplays there emerged
a new problem.
 The CWDT did not come up with a formula for situations when
the flow in Cauvery was low(meaning a drought kind situation).
 This is why the issue has flared up so much in 2012 as this year
Karnataka has refused to release water on this basis.

Karnataka side Tamil Nadu side

1. Low monsoons, 1. Samba crop growers are mainly


so low flow in dependent on Cauvery river. Irrigation
Cauvery. Water is the main water source in the area.
not enough for So their livelihood in danger.
their own 2. The government not wanting to notify
farmers. the final order of CWDT is also
2. Very unstable agitating, as there seems to be no end
political situation to the problem.
in Karnataka with 3. The government replied that it will
3 CMs changing. notify the CWDT tribunal’s award by
3. So Cauvery December end. But it has not done so.
being a very The reason is still not known(maybe
sensitive issue even political). TN was wishing that
nobody wants to there could be some relief if the gazette
give it up easily. notification comes (in 2007 itself) but
even after the Tribunal’s award the
issue has been politically and legally
entangled for the past 5 years. So TN’s
position is in a deadlock.

 Amid this the Supreme Court had asked the 2 Chief Ministers to
meet up and try to finalize on the issue but that too failed.
 Supreme Court also asked the Central government whether it
had any intention to publish the CWDT tribunal award for which
the Centre has replied that it will publish the award by December
end but it has not done it.

The future, what lies ahead:


1. The Centre must publish the CWDT order as soon as possible.
2. In the middle of all this the CWDT chairman has resigned, and
no new chairman has been assigned yet. So the new chairman
has to be assigned who has to be going-to-retire SC judge.
3. The CRA and CMC were only interim measures and thus when
the award is published they will cease to exist. A new Cauvery
Management Board (CMB) has to be formed to oversee the
proper distribution of the river.
4. The major cause for the confusion is the SLPs being admitted in
the SC. They have been pending for the last 5 years. They must
be done away with as soon as possible.
5. Proper use of the Cauvery water by both sides so that they don’t
become too dependent on the water.
6. The water sharing formula in low flow years must be formed with
as soon as possible.

Mock Questions
Q1. find Correct statements
1. The SC enjoys original jurisdiction over Interstate water disputes
2. Article 262 empowers the SC to create Tribunals for Interstate river
dispute

a. only 1 correct
b. only 2 correct
c. Both correct
d. Both Wrong

Q2 The Kaveri river is shared between


1.TN
2.Karnataka
3.Kerala
4.Puducherry
answer choice:

a) 1,2
b)1,2,4
c)1,2,3
d)All the four
interview

1. Suggest measures to solve Cauvery conflict.


2. If case a stressful board, Why do you think your state deserves
more water? Is it fair? (applicable to both states candidates)

Polity] Chhattisgarh Food Security Bill 2012: Salient


Features

1. Who is not covered?


2. Who gets benefit?
3. Arguments: Chhattisgarh Food Security bill
4. National Food Security Bill fiasco =Direct Cash transfer?
o #1: Fiscal Deficit
o #2: Identification of Beneficiaries
o #3: lack Manpower and Administrative machinary
5. Some Food Quotes for thought

Who is not covered?


Following families have been excluded from the benefits of
Chhattisgarh Food security Bill:

1. Those who pay income tax or property tax


2. Those who own over 4 hectares of irrigated or 8 hectares of
non-irrigated land in non-scheduled areas

Given these conditions, only 10% of Chhattisgarh residents will be


excluded, and 90% of the public will get the benefits of Food security.

Who gets benefit?


 Everyone who doesn’t fall in above category, is covered under
Food security bill.
 The people are then classified into three categories and given
benefits accordingly

househ
Antyodaya priority General
old

foodgrai 35 kg for 35kg for Rice @9.50,Wheat


n Rs.1/kg Rs.2/kg @Rs.7.50,Max 15 kg

iodized
free free NO
salt

black 2 kg for 2kg for


NO
gram Rs.5/kg Rs.5kg

2kg for 2kg for


Pulses NO
Rs.10 Rs.10/kg
Cost to the State treasury= Nearly Rs 2,500 crore.
That is almost 6% of Chattisgarh state’s GDP.
Other features:

1. covers the public distribution system, school meals, anganwadis


(including take-home rations for pregnant/lactating women and
children under three
2. free meals for the destitute and homeless.
3. It provides for not just food grain (what, rice etc) but also gram,
iodized salt.
4. Plus the food given to children (under mid-day meal) pregnant
women and lactating mothers, will have additional nutritional
standards like calorie and protein value.
5. Ration cards would be issued on the name of the eldest woman
in a family. (Women empowerment)
6. Panchayat and Municipalities will be responsible for
implementation of the Act.
7. entitlements will be given on the basis of per household and not
on per person.
8. Going beyond the Centre’s definition of Antyodaya, the
Chhattisgarh Government has declared as “Antyodaya
households”= all families of “vulnerable social groups” including
tribal groups, widows or single women, terminally ill persons,
physically challenged persons, elderly-headed households with
no assured means of subsistence and persons freed from
bonded labour.

To prevent such leakage and corruption, the Bill provides for

1. Computerisation of records and publication of all beneficiary and


benefits given to them.
2. Gram Panchayats will be allowed to run ration outlets.
3. Officials will be punished for non-compliance, under Essential
commodities act.
4. Vigilance committees
5. social audits by Gram Sabha etc.

Arguments: Chhattisgarh Food Security bill

Anti Pro
 No need to give them  Not enough bank/post-office
actual food.Just transfer branches in Rural areas,
cash directly transferred particularly Maoist affected
to poor families’ bank areas of Chattisgarh. Besides,
account and let them no guarantee that if cash
purchase stuff from transfer is done, poor man
market. won’t waste it on desi-liquor.

 This bill covers everyone


except those who pay
income tax, property tax
or own big farm land.
 But a lot of people who
can otherwise buy food  Inflation has eroded the
at market rate, are also purchasing power of lower
covered for vote-bank middle class people. Therefore,
purpose. Government should provide
 This will unnecessarily them with cheaper foodgrains,
increase fiscal deficit of so whatever money is saved,
the State. the family can spend it on other
 Government should only things such as education.
care for extremely poor
people and not
everyone, who can
afford to live without
state support.

National Food Security Bill fiasco =Direct Cash transfer?


UPA Government at the centre, also wanted to introduce National
food security. But this dream hasn’t materialized just like those non-
serious applicants in UPSC and other competitive exam. Why?

#1: Fiscal Deficit


 Government doesn’t have enough incoming money (Revenue)
to buy so much foodgrain and give it to poor people at cheaper
rate. It’d require approx Rs.2 lakh crores per year.
 Consider it this way: one on side, Mohan wants to keep the
minimum support price (MSP) high for the farmers. At the same
time, he also wants to sell cheap food grain, so from whose
pocket will the difference come out? Obviously tax-payers’.
 But people cannot be taxed beyond a level. And Government’s
outgoing money (Expenditure) is already high thanks to fuel,
fertilizer subsidies and defense purchases.
 One can look at the recent hike in petrol, LPG as a measure to
reduce outgoing money, to make room for affording the Food
security Act (or similar other scheme.)
 Government tried to increase the incoming money by
disinvestment (that is selling Government’s shares in PSUs) but
investors are not interested in buying shares at high price, hence
‘money collection target’ is not achieved.

#2: Identification of Beneficiaries


1. There is already disagreement between Planning Commission
and various ministries over “who should get how much
subsidized foodgrain.”
2. UPA wants the National Food security Act to have a
“Comprehensive coverage” (=“marketing-shock–value” during
elections).
3. For example Chhattisgarh Food security gives benefit to
everyone except those who pay income tax/ property tax/ own
big farm-land= 90% public covered, only 10% people are not-
eligible. So this is wide coverage.
4. Similarly States such as Tamilnadu already have provision for
very cheap food grains.
5. So, if beneficiary coverage is ‘small’ (e.g. only those earning less
than Rs.3000/month are covered), then it won’t create
the marketing shock value for elections.
6. Hence “wide-coverage” necessary but to do such ‘wide-
coverage’ on a national-scale=>need truckload of cash, which
central Government doesn’t have.
7. And if Government tries to implement food security without
increasing its incoming money (Revenue), it’ll lead to huge fiscal
deficit= other problems such as inflation, depreciation of rupee,
decline in IIP etc. (more explained in earlier fiscal deficit article).
8. So Mohan will have to nit-pick on who should get how much
cheap foodgrain = new survey, new ID cards need to be
issued= lengthy and time consuming process, cannot be
finished before 2014 Lok Sabha election.
#3: lack Manpower and Administrative machinary
 Chhattisgarh is a small state, so not very difficult to administer
such food security scheme.
 But for a country large as India, Central Government doesn’t
have the infrastructure or manpower to implement Food security
on its own.
 And doing this food security work via State
Government’s machinery = opens up room for all sort of
corruption, leakages.
 Therefore Mohan seems to have concluded that Food Security
is an implausible idea in its present form. Better just to send
money directly to bank accounts of poor people, rather than
relying on State Administrative machinery to run a full-fledged
food security Act.
 Hence he recently announced “Direct cash transfer” prior to
Gujarat, HP elections which basically hints that food security has
taken a backseat for “Direct cash transfer” scheme.

Some Food Quotes for thought


on Centrally Sponsored Schemes

1. The (Punjab) state government is of the view that the centrally-


sponsored schemes do not serve desired purpose and should
be abolished and the state should be given their earmarked
allocation as un-tied grants. States are in a better position to
leverage their strengths and utilise the funds according to their
development needs. (Statement of Punjab CM Prakash Singh
Badal in NDC meeting.)
2. 12th Five Year plan document spoke of one more sham exercise
in which the so-called centrally-sponsored schemes are to be
abolished with fund transfers to states. Undoubtedly, they would
be reborn in another guise. (Tamilandu CM Jayalalitha @NDC
meeting)
3. States have different priorities from the centre and should not be
asked to partially fund central schemes. (Madhya Pradesh CM
Shivraj Singh Chauhan @NDC)
4. 12th Five Year plan document is just an approach to centralise
the public resources with government of India in terms of
deciding priorities and nature of development schemes.
Country’s resources should be allocated to the state and central
plans equally”. (Karnataka Chief Minister Jagdish Shettar).
5. An impression has been created that the government is all set to
launch UID-enabled cash transfers on a mass scale before the
2014 elections. This is very misleading, and looks like an
attempt to make people rush to
UID enrollment centres. (Statement made by Four members of
the NAC — including Aruna Roy + former NAC members Jean
Dreze and MS Swaminathan)

[Polity] IOA Suspension from IOC, National Sports Code:


controversy, implications explained

1. What is IOC?
2. What is IOA?
3. Jurisdiction over Sports
4. How can Union Government regulate sport?
5. National Sports Development Code 2011
6. What does National Sports Code say about elections?
7. Delhi High Court verdict on IOA/NSF election
8. Why did IOC ban IOA?
9. Implication of IOA’s Suspension?
10. De-recognition by Government ?
11. Why Archery and Boxing Banned?
12. Mock Questions

What is IOC?
 International Olympic Committee.
 It is the supreme authority for organizing Olympic Games.
 Created by Pierre de Coubertin (the father of Modern Olympics)
 Motto: Citius, Altius, Fortius (Latin) =Faster, Higher, Stronger.
 HQ: Switzerland.

Next Olympics:

City Country Year


Winter Olympics Sochi Russia 2014

(Summer) Olympics Rio De Janeiro Brazil 2016

What is IOA?
Indian Olympics Association.

 IOA is responsible for sending Indian Sportsmen to

1. Olympic Games
2. Commonwealth games
3. Asian Games

 IOA is also responsible for organizing National Games.

Jurisdiction over Sports


 Constitution of India: Seventh schedule provides the separation
of legislative powers

Total
Who What
items

Only Union (parliament) can make laws


List I Union 100
in these matters.

List Only State legislature can make laws in


State 61
II these matters.

List
Concurrent Both union + state 52
III

 And only (Union) Parliament can make laws


for residuary matters, i.e. topics that are not covered in Iist I, II
and III
 Sports, cinema, theatre, amusement: these matters fall under
jurisdiction of State List (item No. 33). So the first question is
How can Union Government regulate sport?
 For long, the National Sports Federations (NSF) and Indian
Olympic association (IOA) have maintained that they’re
autonomous and independent. They’re only accountable to their
respective international bodies for example, BCCI to ICC, IOA to
IOC.
 Therefore, Government shouldnot, cannot and must not interfere
with their internal functioning!

But in 2010, Delhi High court gave following verdict:

1. Yes, National Sports Federations have autonomy to conduct


sports. BUT international sporting events are an essential part
of diplomatic relations (Foreign affairs). That matter falls under
Union list, 7th Schedule.
2. Although Sports, cinema, entertainment fall under State List,
7th schedule BUT there are issues such as “whether we should
participate in a sports event held in a particular country or not?”
That’d require diplomatic clearance from Union Government.
3. Therefore, Union Government has full jurisdiction to make
regulations and laws on National Sports Federations (NSF) and
Indian Olympic Association (IOA).

National Sports Development Code 2011


Ministry of Youth and Sports, created National Sports Development
Code, 2011 to set out guidelines for election and working of IOA and
NSFs.
The National Sports Code deals with many things such as

1. Fair and transparent elections for IOA/NSF


2. Age-tenure limit for Office bearers of IOA/NSF
3. Sexual harassment of Women athletes
4. Selection of coaches
5. Anti-Doping rules
6. Making them answerable under Right to Information Act (R.T.I).

What does National Sports Code say about elections?


1. You cannot serve as President of IOA/NSF for more than 12
years. (4 years x 3 terms)
2. If you’ve already held any of these posts for more than 12 years,
you cannot not compete in the elections.
3. If your age is 70 years or above, you’re not eligible for the post
of President, Secretary General or the Treasurer of IOA/NSF.

Delhi High Court verdict on IOA/NSF election


A PIL was filed in Delhi High court that most of national sports
federations are mismanaged and have become feudal empires of
politicians, they donot retire and keep getting elected again and again.
This has led to gross mismanagement of Sports. For example

 For example, Mr Vijay Kumar Malhotra, age 80 (BJP) has been


President of the Archery association since 1973.
 Similarly the infinitely awesome Suresh Kalmadi (Congress) has
been President of Indian Olympic Association for last 19 years.

In September 2012, Delhi High Court gave judgement on this PIL and
ordered IOA and NSFs to conduct elections according to the National
Sports Code.

Why did IOC ban IOA?


 Indian Olympic Association (IOA) had to conduct elections,
according to National sports code (meaning buddha-log cannot
compete etc.).
 If IOA did not follow National sports code, it’d amount to
contempt (disrespect) to Delhi High court’s’s order = Jail time for
IOA officials.
 So they conducted elections according to National Sports Code,
in Dec 2012.
 But Internation Olympic Committee (IOC) did not like it. Not one
Bit.
 IOC had repeatedly told the Indian Olympic Association (IOA)
not to follow the government’s sports code for the elections
because it would imply that Government is interfering in sports.
That’ll be a violation of the Olympic Charter and compromise of
sports autonomy.
 Therefore when IOA conducted the elections, IOC suspended
IOA.
Implication of IOA’s Suspension?
It leads to following consequences:

1. International Olympic Committee (IOC) gives about 90,000


dollars per year to every nation’s Olympic association + other
monetary help in training, coaching, scholarships etc. India will
no longer receive it.
2. The officials of Indian Olympic Association, will not be invited by
the IOC to attend its events like the Olympics and Paralympics.
3. Indian athletes will not be allowed to compete under the Indian
flag.
4. However, Indian athletes can to compete as “as Independent
Olympic Athletes” But that means whatever new medals Sushil
Kumar or Mary Kom wins, they will not be counted as medals
won by “India”.

This is not the first time. Other countries have been banned in past

Country Why suspended?

for its apartheid policy (i.e. policy of


1. South Africa discriminating between black and while
people).
2. Kuwait For Government interference.

3. Netherlands
Antilles for not forming their national Olympic
4. South Sudan Committees.

But then things are sorted out with “dialogues and peaceful
negotiations”.

De-recognition by Government ?
 Except BCCI, no sports federation in India gets earns truckload
of money. So they depend on Government for ca$h and
patronage.
 If any Sports Federation doesn’t fall in line with Government
regulations then Government can “De-recognize” it.
Derecognition leads to following outcomes:

1. Those Sport federations will not receive cash from Government.


2. They cannot use word “India” while sending teams into
international sporting events.
3. They cannot claim exemption in custom duty payment while
importing sports equipments from abroad.
4. Athletes who win the tournaments organized by such
unrecognized NSFs, cannot claim job-reservation in Railways,
Income Tax Department etc under Sports Quota.

Why Archery and Boxing Banned?


 After IOC suspended IOA, the Government of India also got in
“mood and tempo” and has derecognized Indian Archery and
Boxing associations. But the reason is different.
 Recently Archery Association held elections for its president and
same Mr.Vijay Malhotra (age 80) got re-elected. Similarly Boxing
federation’s election was not held in transparent manner.
 So this is against the National Development Code.
 Besides Delhi High Court had ordered Government that if any
National sports federation doesn’t follow the code then you must
deregonize it.

Solution?

Once Archery and Boxing associations will have conduct elections


again, and comply with National Sports Code,then they’ll be “re-
recognized” (if there such a word in dictionary).

Mock Questions
Q1 Find Correct Statements:

1. Next Winter Olympics = Vancouver, Canada


2. Next Summer Olympics = Madrid, Spain

a. Only 1
b. Only 2
c. Both
d. None

Q2. Find Incorrect Statements:


1. International Olympic Committee (IOC) is a specialized agency
of UN.
2. Motto of Olympics is Citius, Altius, Latius

a. Only 1
b. Only 2
c. Both
d. None

Q3 Which of the following is incorrectly matched?

1. Union List Marriage and Divorce

2. State List Sports

3. Concurrent List Betting and Gambling

a. Only 2
b. Only 1 and 3
c. Only 2 and 3
d. Only 1 and 2

Q4. Wrong Statements

1. In 2012, Kabaddi World cup was held at Chandigarh, Punjab.


2. The mascot for this game was JAANBAZ, the eagle.

a. Only 1
b. Only 2
c. Both
d. None

Q5. Which of the following is not a function of Indian Olympic


Association?

1. Sending Indian Athletes to Asian Games.


2. Sending Indian Athletes to Commonwealth Games.

a. Only 1
b. Only 2
c. Both
d. None

[Polity] Right to carry cash and Right to be left alone

1. Background: Right to Carry Cash


2. Problems in Model Code of Conduct
3. Constitutional articles involved
4. HC Verdict on Right to carry cash
5. Mock questions

Background: Right to Carry Cash


 December 2012= State Assembly elections in Gujarat. Model
code of conduct (MCC) is in effect since October.
 Under this Model code of conduct, EC officials started searching
vehicles and premises to seize cash/(desi) liquor meant for
influencing voters.
 Whenever cash, gold etc worth Rs 2.5 lakh/more were found,
they’d notify the income tax (I-T) department.
 and I-T officials will reach the spot in the shortest possible time
for inspection.

Problems in implementation of MCC


 Among Gujarati businessmen, much of the cash-
transactions are carried by private couriers (and not through
regular banking channels).
 So EC squads ended up seizing lot of cash that was not meant
to influence voters, but just part of routine business activities.
 EC earlier used to seize gold-biscuits and jewellery in transit
also.
 But Some EC officials were arrested for robbing silver bricks
from a trader in the name of search and seizure. So EC had to
direct its squads not to seize bullion and jewellery!

All of this was creating much inconvenience to the businesspersons =


Public Interest Litigation (PILs) filed in Gujarat Highcourt.

Constitutional articles involved


21 Protection of life and personal liberty.

226 Power of High Courts to issue writs.

Power of supreintedence, direction and control of election


324
=vested in an Election Commission.

HC Verdict on Right to carry cash


 Supreme Court has already said that a person, as long as he
does not break the law, would be entitled to enjoy life and liberty.
 Therefore, “Right to be let alone” is recognised to be a right that
falls under Article 21 (right to life and personal liberty).
 Hence Election Commission’s order of seizing cash above Rs
2.5 lakh is Ultra vires (beyond powers) of EC, because it violates
Article 21
 We direct the EC to stop this activity.
 Search and seizure should not take place unless there is some
specific input/intelligence that money is being transferred to
influence the voters.

Mock questions
1. Which of the following statements are correct?

1. Under Article 324, EC enjoys the Power of supreintedence,


direction and control over Elections.
2. The writ jurisdiction of Supreme Court is smaller than that of
High court.

a. Only 1
b. Only 2
c. Both
d. None

2. Which of the following is not a right provided under Art. 21?

a. Right to be left alone


b. Right to fair trial
c. Right against Custodial harassment.
d. Right to be released after 24 hours, unless magistrate
authorises further detention.

Essay
1. “Any society that would give up a little liberty to gain a little
security will deserve neither and lose both.”
2. “The liberty of speaking and writing guards our other liberties.”

[Polity] Prohibition of Unfair Practices in Schools Bill


2012 and Central Advisory Board of Education (CABE):
Features, functions

1. What is Central Advisory Board of Education (CABE)?


2. Objectives of the bill?
3. Unfair Practices Prohibited under the Bill
4. Punishment
5. Anti-argument
6. Mock Questions

What is Central Advisory Board of Education (CABE)?


 It is the highest advisory body to advise the Union and State
Governments in the field of education. Particularly for the
matters related to

1. Review of the National Policy on Education, in the light of the


significant socio-economic and socio-cultural developments
taking place in the country.
2. Girls Education and the Common School System
3. Universalization of Secondary Education
4. Integrating Culture Education in the School Curriculum
5. Regulatory Mechanism for the Text Books and parallel text
books taught in schools outside the Government system
6. Autonomy and Financing of Higher and Technical Education.

Composition /Members

 HRD minister= chairman


 Ministers/officials of Union, State, UT- from relevant
Departments (Education, Science, Tribal, Social Justice etc)
 6 MPs
 Representatives from schools, academicians, NGOs etc.

Why in News?
Because CABE has come up with a “Prohibition of Unfair Practices in
Schools Bill 2012”

Objectives of the bill?


1. Put an end to the unfair practices prevalent in Indian schools.
2. Protect the interests of teachers and students.

Unfair Practices Prohibited under the Bill


Exploitation of Teachers

1. recruiting teachers without qualification


2. recruiting teachers on part-time basis.
3. giving teachers and other administrative staff lesser salary than
shown in the school records.
4. Exploitation of teachers through various other means (e.g.
asking them to teach in more than one school ran by the same
Management.)

Exploitation of parents

1. Demanding capitation fees/donation for admission.


2. Not giving the receipts of fees-payment.
3. Charging fees for information brochure, prospectus, admission
form or an admission test (They’ll have to provide all such
information on its website or notice board.)
4. forcing students to purchase books, uniforms and other
stationery from a particular shop.
5. Insisting for private coaching in the school or outside after the
school hours.
6. Providing false or misleading advertisement.

Students
1. Allowing students to appear for board exams, without conducting
classes.
2. Helping students to cheat during board exams.
3. withholding students to appear in any examination (e.g. for not
paying fees)
4. expelling a student due to poor academic performance.
5. Not showing answersheets to parents/students.
6. discrimination of SC, ST, OBC, physically challenged students.
7. denying admission or expelling any student if he/she is reported
to have any serious diseases such as HIV/AIDS.
8. corporal punishment in class. (e.g. beating the students for not
doing homework.)
9. Any type of sexual harassment.

Punishment
The bill proposes to setup following authorities

1. State Education Tribunal


2. National Education Tribunal

 They’ll receive the complaints and give punishments.


 Courts cannot interfere/give stay-orders in ^their proceedings.
 The burden of proof would be on the schools.

Punishment Upto

Fine 10 lakhs (will goto the consolidated fund of India)

Jail 3 years.

Anti-argument
We are against corporal punishment and instruct the teachers not to
beat students. But a teacher cannot be forced to undergo jail term for
punishing the students to follow the right path. (-Progressive
Recognised Teachers Union (PRTU))

Mock Questions
MCQ
Which of the following statements are correct?

1. Central Advisory Board of Education (CABE) is composed to


oversee the Right to education only.
2. Union Minister for Social Justice is the chairman of Central
Advisory Board of Education (CABE).

Descriptive (Mains)

1. Critically examine the need and feasibility for Universalization of


Secondary Education in India. (25 marks)
2. Write a note on the Salient features of Prohibition of Unfair
Practices in Schools Bill 2012. (15 marks)
3. Examine the need for Common School system in India (12
marks)
4. Recommendations of Justice J S Varma Commission on teacher
education. (10 marks)
5. List the steps/initiatives taken by Government to promote Girl
education in India? (10 marks)
6. Central Advisory Board of Education (5 marks)

Essay

 A punishment to some, to some a gift, and to many a favor.

Interview

 It is good to completely ban and criminalize corporal punishment


of children? What about that saying “Spare the rod and spoil the
child“?

[Polity] Rights of Persons with Mental illness and [Public


Health] Mental Healthcare Bill: Features, Criticism

Topic important because of syllabus 1)Rights issues under


Prelims/CSAT and 2) Public Health under General Studies (mains)
paper 1

1. Two issues with Mental illness


2. #1: Taboo
3. #2 Abuse
4. What is Mental Illness?
5. Examples of Mental Illness
6. Rights given to Mentally ill patients
7. Right to Non-discrimination
8. Right to live with dignity
9. Confidentiality
10. Free treatment
11. Right to Humane Treatment without cruelty
12. Right to Personal Contacts & communication
13. Right to Information
14. Right to make Complaints
15. No punishment for Suicide Attempt
16. Right to Legal Aid
17. Duties of Government
1. Authority #1: Mental Health Review Commission
2. Authority#2: State Panels of the Mental Health Review
Commission
3. Authority#3: State Mental Health Authority
4. Duties of Police Officers
5. Duties of Prison Authorities
18. Diagnosis and treatment
19. Independent patients: Advanced Directives
20. Incapable patient
21. Minor Patient
22. Compulsory registration of Mental Health Establishments
23. Medical Research on Patient

Two issues with Mental illness


#1: Taboo

 Mental illness is curable just like a physical disease. Although


there are some diseases where 100% cure is not available but
still with the use of drugs and therapy, a patient can serve as a
productive member of the society.
 Yet there exists lot of stigma and misunderstanding in the
society.
 By and large, society believes that if a person was mentally ill,
he will remain mentally ill forever. Therefore such person has
hard time finding a job/bride/getting accepted by the society.

#2 Abuse
 Sometimes the relatives of mentally ill persons, are interested in
lodging him into the asylum forever- to grab his property.
 Sometimes family members donot send the mentally ill person to
the asylum fearing that his brothers and sisters won’t find
suitable marriage partners. Then such person is forcibly
confined at home, sometimes even chained and ill-treated.
 There are many bogus mental health care institutes, where
patients are ill-treated, sometimes even sexually abused.

The Draft Mental Healthcare bill, tries to fix both this issues.

What is Mental Illness?


 a disorder of mood, thought, perception, orientation and/or
memory.
 Includes mental conditions associated with the abuse of alcohol
and drugs, but excludes mental retardation (e.g.Down’s
syndrome).

Examples of Mental Illness

Name Symptoms

Patient has deep conviction that everyone,


Paranoia including his or her closest family members,
wants to injure or destroy him.

Patient feels that life is so dreary and


Heavy Depression
unhappy that it is better to commit suicide.

person has an intense fear of gaining


Anorexia weight. He severely restricts food intake
and usually becomes extremely thin.

intense and persistent fear of a specific


Phobia
object for example telephone, spiders etc.

Obsessive-Compulsive Common obsessions include fears of


Disorder(OCD) contamination from germs, doubts about
whether doors are locked or appliances are
turned off, hoarding vast amounts of
useless materials, and repeating words or
prayers internally. Such persons keeps
repeating same activity over and over
again.

A person with schizophrenia has difficulty


telling the difference between real and
unreal experiences, logical and illogical
Schizophrenia thoughts, or appropriate and inappropriate
behavior. He avoids social contacts, hears
voices inside his that command him to act in
strange or unpredictable ways.

In the early stages, patient experience


some memory loss then to a decrease in
Dementia/Alzheimer’s thinking ability such as decision making.
Disease Later such patient cannot perform daily
activities or recognize his loved ones,
because of damage in brain cells.

Rights given to Mentally ill patients


The draft Mental healthcare bill gives following Rights

Right to Non-discrimination
 Public and private insurance providers cannot deny medical
insurance to a person because he has (or had) medical illness.
 Mentally ill patient is entitled to the use of ambulance services in
the same manner and quality as provided to persons with
physical illness.

Right to live with dignity


1. All persons with mental illness have a right to live in, be part of
and not be segregated from society.

2. A person cannot be labeled as mentally ill merely because


 He took past treatment or hospitalization in mental health
establishment
 His behavior is in non-conformity with moral, social, cultural,
work or political values or religious beliefs prevailing in a
person’s community

3. proof of a person’s current or past treatment for mental illness


shall not by itself be ground for granting divorce
4. No person with mental illness shall continue to remain in an
asylum, merely because he does not have a family or is not
accepted by his family or is homeless. It’ll be responsibility of the
Government to provide them shelter/community homes.
5. Mentally ill person cannot be locked up in police custody or in
jail.

Right to Confidentiality
 No person or authority shall classify that a person has (or had) a
mental illness, except for purposes directly relating to the
treatment of mental illness. For example, a newspaper cannot
write a report like “Thieves robbed Mr.X but he unable to recall
their faces because of dementia.”
 A person with mental illness has a right to confidentiality in the
context of his mental health, mental health care and physical
health care.
 Protection of privacy, in particular for women – during and after
treatment.
 Right to confidentiality also applies to all information stored in
electronic format / website / in public or private sector.

Right to Free treatment


Government shall provide budgetary allocations so that

1. No person with mental shall have to travel long distances to


access mental health services.
2. Free treatment to Mentally ill person who are poor (with or
without BPL card) or destitute or homeless.
3. As a minimum, essential medicines shall be available free of
cost to all persons with mental illness at all times at health
establishments.
Right to Humane Treatment without cruelty
1. No patient shall be subjected to any cruel, inhuman or degrading
treatment in a mental health establishment
2. Not to be forced to undertake work in a mental health
establishment
3. to not be subject to compulsory tonsuring (shaving of head hair).
4. not be forced to wear uniforms provided by the hospital.
5. To be protected from all forms of physical, verbal, emotional and
sexual abuse.
6. No Electro-convulsive therapy or shock therapy for minors
7. For adult patient- ECT/Shock therapy only with use of
anesthesia.
8. No Sterilization of men or women
9. No chaining of the patients
10. provision for food, space, and articles of personal hygiene
during the stay in hospital.
11. have facilities for leisure, recreation, education and
religious practices.

Right to Personal Contacts & communication


1. A patient in mental asylum has the right to refuse or receive
visitors.
2. He shall be allowed to make a reasonable number of
telephone/mobile phone calls at reasonable times of the day.
3. He shall be allowed send and receive mail and email.

Right to Information
1. A person with mental illness and his Nominated Representative
shall have the right to know the nature mental illness and the
proposed treatment plan including the side effects of drugs.
2. If the patient is unable to understand such information because
of his illness, still his nominated representative can ask for the
information.
3. When the treatment is complete, the ex-patient can ask for all
the details regarding the treatment and medicines given to him.

Right to make Complaints


 A mentally ill person or his nominated representative can
complaint for Deficiencies or poor quality of treatment given in
the hospital to the State Mental Health Authority
 and if not satisfied with the response he can approach State
Panel of the Mental Health Review Commission

No punishment for Suicide Attempt


 Any person who has attempted to commit suicide shall be
examined by a psychiatrist.
 If the psychiatrist certifies that the person has a mental illness,
then such person cannot be prosecuted for attempted suicide
under Indian Penal Code (Section 309).

Criticism

 This can only be described as a stop-gap arrangement.


 The section 309 of Indian Penal Code should be deleted. No
person should be tried for attempting suicide, irrespective of
what psychiatrist says about his mental condition.
 The only countries in which attempt to suicide is punishable are
India, Pakistan, Bangladesh and Malaysia. The penalty had its
roots in the religion that considered life and death as godly acts
over which man should not have any control, notwithstanding
the legality of capital punishment.
 But Scientific studies have proved that a person attempting
suicide is a victim of circumstances and deserves sympathy and
psychiatric treatment, rather than punishment.

Right to Legal Aid


 Person with mental illness shall be entitled to receive free legal
services to exercise any of the rights given to him.

Duties of Government
 Through television, radio, print and online media, display ads to
create awareness and reduce stigma associated with mental
illness.
 Government shall setup following authorities for securing the
rights of Mentally ill patients.
Authority #1: Mental Health Review Commission
 HQ: Mumbai

Composition

1. President =serving/ retired Chief Justice of a High Court


2. Psychiatrist with at least 15 years experience
3. a person with mental illness or representative of persons with
mental illness and,
4. representative of families and care-givers to persons with mental
illness or NGO in the field of mental health, and
5. One member with a background in public health administration.

Functions
 Appoint and remove members of the State Panels
 Give guidance to the State Panel
 Advise the Central Government on matters relating to the
promotion and protection of rights of persons with mental illness

Authority#2: State Panels of the Mental Health Review


Commission
Composition

1. Chairman: Serving / retired District Judge


2. Representative of the District Collectors
3. healthcare professionals
4. Persons with past mental illness/ care givers/ NGOs

Functions

 It’ll entertain the complaints from mentally ill persons / their


nominated representatives.
 In exceptional circumstances, the State Panel shall accept an
application made verbally over telephone from a person
admitted to a mental health establishment.
 It’ll have judicial powers to call for evidences, witnesses.
 It can impose punishment ranging from six months to two years
and/or fine from Rs 10,000 to Rs five lakh
 Visit jails to make sure no mentally ill person is forcibly lodged in
it.
 Registration, renewal and modification of advanced directives
(and maintain electronic database) and give that database to
concerned psychiatrist. (explained in bottom part of this article)

Authority#3: State Mental Health Authority


 This will be made up of Secretary, Department of Health, State
Government and other Government officials.

Functions of State Mental Health authority

1. Inspect and register all mental health establishments in the


state.
2. maintain and publish (including online on the internet) a register
of such establishments.
3. supervise all mental health establishments in the State and
receive complaints about deficiencies in provision of services.
4. make rules and regulations for the registration of clinical
psychologists, mental health nurses and psychiatric social
workers in the State.
5. Train judicial officers, police officers, mental health professionals
etc. about the provisions and implementation of this Act.
6. Advise the State Government on all matters relating to mental
health care and services.

Duties of Police Officers


Wandering people

 If the police officer believes that xyz person wandering around


his area, and has mental illness -then he shall to take him to the
nearest public health establishment. Two situations can happen

Situation 1:

 If the psychiatrist certifies that xyz person has mental illness,


then
 Police officer shall lodge an FIR of missing person, try to find the
relatives/family members of that patient.
 he’ll produce the patient in front of magistrate, and magistrate
will send him to a mental asylum for treatment.

Situation 2:
 If the psychiatrist certifies that xyz person doesn’t have mental
illness, then
 Such person will be sent to either his home or to Government
establishment for homeless people.

 In either situation, a homeless/wandering person cannot be


locked up in police custody.

Cruel family members

 If the police officer believes that xyz person living (not


wandering) in his area, has some mental illness but he is forcibly
confined in his home or neglected or mistreated by his family
members. (just like Anupam Kher in the movie “Betaa”)
 Then the police officer shall bring this matter before a
Magistrate, who shall decide the future course of action.

Duties of Prison Authorities


 The Medical officer of every jail shall send quarterly reports to
the State Panel that there are no prisoners with mental illness in
my jail.

All sounds well and good until now. But still the experts are criticizing
this bill heavily, why?

Let’s examine those provisions of the bill.

Diagnosis and treatment


There are two types of patient:

Independent patients: Advanced Directives


1. Those in a early stage / mild disease. They are aware of what
they’re doing and they’re capable of making decisions e.g. “yes I
feel I’ve xyz disease and I need to get treated”
2. These people can write an application called “advanced
directives” this is similar to property will. It lists the directives like
where do you want to get treatment, who is your nominated
representatives to decide treatments or legal actions on your
behalf etc.
3. State Panels of the Mental Health Review Commission will keep
this database and provide it to the concerned hospital or
psychiatrist.

Incapable patient
1. Those who are suffering from some severe mental
disease/emergency situation
2. They’re completely dependent on family and relatives for every
decision.
3. Such person can be admitted to a mental care institute on the
written consent by his guardian/nominated representative. But
he cannot be kept in the institute for more than 30 days. After
every 30 day, the psychiatrists will have to give certificate
whether he is treated or required further medical care.
4. State Panels of the Mental Health Review Commission will keep
an eye on such cases.

Criticism

 The State Panels will be usually under-staffed, they cannot


physically visit and check every patient. And this give ample
opportunity to abuse the law for example
 A private mental institute has profit motive to keep writing
reports that person still needs treatment after every 30 days.
 If the family members/relatives of the patient want to grab his
property, they’ll also not raise objection to above practice. In fact
they might encourage the private institute to keep the patient
lodged in forever.
 Thus this bill deprives liberty of disabled persons and favours
medical professionals and psychiatrists.
 the role of the judiciary has been taken off and a psychiatrist can
decide whether a person can be put in mental asylum or not.

Minor Patient
 A person less than 18 years shallnot be admitted to mental care
institute except in exceptional circumstances.
 He cannot be given Electro Convulsive Therapy (ECT) or shock
therapy.

Criticism
Banning of Electro Convulsive Therapy (ECT) or shock therapy
altogether in minors can be a problem because many a time it is an
emergency life-saving procedure. Say a 16-year-old with severe
depression is wheeled into the OPD with indications of suicidal
ideation; do we not give him ECT? The legal provisions should not
affect the medical aspects of care.” (Dr Roy Abraham Kallivayalil,
national president of Indian Psychiatry Society)

Compulsory registration of Mental Health Establishments


 Bill says No person or organization shall run a mental health
establishment unless it has been registered with the State
Mental Health Authority. You’ve to apply, they visit and inspect
your premises and give you the license.

Criticism

1. Will lead to license-inspector-bribery raj.


2. The penalty provisions are not deterrent enough, as there is only
a fine of Rs 50,000 proposed on the first offence
3. There is no scope for general hospital care of psychiatry.
Mentally ill persons have to be treated in separate registered
institutions.
4. We have only 4,000 psychiatrists in government and private
sector together. Compulsory registration would lead to many
private hospitals shutting shop. This would add to the existing
shortage of specialists.

Medical Research on Patient


 Medical professionals can conduct research, on patients with
mental illness – including testing of drugs, but only after taking
written consent of patient or his nominated representative/
guardian.

Criticism

 Private hospitals have profit motive in allowing pharma


companies to conduct research. And if such companies offer
money to nominated representative/relatives, then imaging the
plight of a patient- they will be turned into Guinea pigs.
 Bill needs more stringent provisions and oversight over medical
research on mentally ill patients

[Polity] Indecent Representation of Women: IRWA Act


amendment

1. What is IRWA?
2. Why do we need to amend it?
3. Proposed amendments
4. Critiques of IRWA amendment
5. Constitutional angle:

What is IRWA?
 Indecent Representation of Women (Prohibition) Act, (IRWA)
was enacted 1980.
 Why? Ans. To prohibiting the indecent representation of women
through advertisement, publication, writing, and painting.

Why do we need to amend it?


 Because the existing Act, in its present form, covers the print
media.
 But, over the years, technological revolution has resulted in the
development of newer forms of communication = Internet,
youtube, SMS, MMS, Cable TV, Direct to Home (DTH) TV, etc.
 Therefore, we need to widen the scope of the law so as to cover
these new forms of media.
 + need to increase the punishment.

Proposed amendments
In Oct 2012, the Union Cabinet approved following Amendments in
IRWA 1986

1. law will cover the audio-visual media and material in electronic


form.
2. Penalties to be enhanced
Maximum jail Fines

First conviction 3 years 50k to 1 lakh

Repeat offender 7 years 1 lakh to 5 lakhs

3. Police officers not below the rank of Inspectors will be


authorized to carry out search and seizure.

Critiques of IRWA amendment


The move has not gone down well with the television, online and
advertising industries. Executives fear the law may be abused by the
government to censor content.

1. the issues the amendments deal with, are already covered


under in the IT Act and they have even stronger punishments
than the ones given in IRWA Act.
2. There should be guidelines or parameters that define “indecent”,
else the amendments can, at best, be described as “blurry”.
What constitutes “indecent” is subjective. Most worrying is that
what constitutes indecent will be left to a police inspector to
decide.
3. Indecent representation of any gender across any form of media
is not acceptable- Whether it is male, female or child. Hence the
name of the Act should be Indecent Representation of
(Prohibition) Act, (IRA) instead of Indecent Representation
of Women (Prohibition) Act.

Constitutional angle:
1. Fundamental duty (Art 51): It should be duty of every citizen of
Inida to renounce practices derogatory to the dignity of women.
2. National Commission for Women (NCW; a Statutory body)
reviews the Constitutional and Legal safeguards for women.

Ref
1. http://www.livemint.com/Politics/9HbpgYwWDrY1iaXMaEnhYI/U
pdate-to-indecency-law-worries-ad-TV-industry.html?facet=print
2. http://timesofindia.indiatimes.com/india/Cabinet-OKs-tougher-
indecency-legislation/articleshow/16774368.cms

[Polity] 2nd ARC: Ethics and Corruption (4th Report):


Election Reforms, State Funding of Elections

1. What is Ethics?
2. What is Rule of Law?
3. Two Viewpoints in Fighting Corruption
4. 3 Factors behind Corruption in India
5. Politics and Ethics
1. Election =Mother of corruption
2. Criminalization of politics
3. Election reforms already in process
6. Election Funding
1. Three Patterns of State Funding of Elections
2. Election Funding In India
3. Dinesh Goswami Committee on Electoral Reforms
4. Indrajit Gupta Committee on State Funding of
Elections
5. Election and Other Related Laws Act 2003
6. 2nd ARC Recommendation on Election Funding
7. anti-defection legislation
1. 91st Amendment 2003
2. Anti Defection : EC
8. Disqualification of Candidate
9. Publication of Accounts by Political Parties
10. Coalition Politics and Ethics
11. CEC Appointment method should be changed
12. Disposal of Election Petitions
13. Disqualification for Membership (art.102)
14. Ethics in Public Life
15. Code of Conduct for Ministers
16. 2nd ARC on Ministers’ code of conduct
17. 2nd ARC on Legislators’ Code of Conduct
18. Separation of Powers: Executive vs Legislative
19. 2nd ARC on Separation of Powers
20. Mock Questions
First some fodder quotes for Essays related to Corruption and Ethics:

 All that is necessary for the triumph of evil is that good men do
nothing (Edmund Burke)
 The punishment suffered by the wise who refuse to take part in
government, is to suffer under the government of bad men (-
Plato)
 Righteousness is the foundation of good governance and peace.
(Confucius)
 Man himself must become righteous and then only there shall be
righteousness in the world.
 Be the change you wish to see in the world (Gandhi)
 The line separating good and evil passes not between states nor
between classes… but through the middle of every human heart.
(Aleksandr Solzhenitsyn)

What is Ethics?
 Ethics is a set of standards that helps guide conduct.
 Ethics is a set of standards that society places on itself
 Ethics helps to guide behaviour, choices and actions of citizens.
 The Crux of ethical behaviour does not lie in bold words and
expression, but in their adoption in action.
 It may not always be possible to establish the criminal offence of
misappropriation in a court, but a Government servant can still
be removed from service for unethical conduct.
 E.g. An engineer may have deliberately permitted the
construction of a defective irrigation dam or building. It may not
be possible to get him convicted in court on charges of
corruption but he could be removed from service on grounds of
incompetence.

What is problem in Ethics?


 The present codes of conducts are not direct and to the point.
 They are full of vague sermons that rarely indicate prohibitions
directly.

Law should be so succinct that it can be carried in the pocket of the coat and
it should be so simple that it can be understood by a peasant (-Napoleon)

Blame games
 We always find alibi for our lapses by quoting trespass from
other democratic institutions, by resorting to a blame game.
 legislators blame the judiciary and vice versa
 civil services blame interference by the political executive or
legislatures and vice versa.
 (but) The standard should be one of not only the conduct of
Caesar’s wife but of Caesar himself.
 If any of the democratic institutions leaves space, the mafia or
extra-constitutional authority occupies that space.

What is Rule of Law?


 Rule of law measures whether crime is properly punished or not;
enforceability of contracts; extent of black market; enforceable
rights of property; extent of tax evasion; judiciary’s
independence; ability of business and people to challenge
government action in courts etc

The purpose of a government is to make it easy for people to do good and


difficult to do evil (British PM Gladstone)

 The word ‘corrupt’ is derived from the Latin word ‘corruptus’,


meaning ‘to break or destroy’.
 The word ‘ethics’ is from the original Greek term
ethikos,meaning ‘arising from habit’.
 Corruption is so deeply entrenched in the system that most
people regard corruption as inevitable and any effort to fight it as
futile.
 This cynicism is spreading so fast that it bodes ill for our
democratic system itself.

Two Viewpoints in Fighting Corruption


 The implicit assumption is that until values
First Approach:Instill are restored, nothing much can be done
Values to improve the conduct of human beings

 most human beings are fundamentally


Second decent and socially conscious, but there is
Approach:Punish always a small proportion of people,
the Guilty which cannot reconcile individual goals
with the good of society.
 purpose of organized government is to
punish such deviant behaviour
 If good behaviour is consistently rewarded
and bad behaviour consistently punished,
the bulk of the people follow the straight
and narrow path.

Both approaches should be pursued side by side because

1. Values are needed to serve as guiding stars, and they exist in


abundance in our society. A sense of right and wrong is intrinsic
to our culture and civilization
2. But Values without institutional support (and punishment) will
soon be weakened and dissipated.

Mindmap

Check this Excellent Mindmap prepared from unthta.wordpress.com

3 Factors behind Corruption in India


 colonial legacy of unchallenged authority and
colonial- propensity to exercise power arbitrarily.
legacy  In a society which worships power, it is easy for
public officials to deviate from ethical conduct
 asymmetry of power in our society. Nearly 90% of
our people are in the unorganized sector.
 And nearly 70% of the organized workers with job
security and regular monthly wage are employed
asymmetry by the state directly or through public sector
of power undertaking
 Such asymmetry of power reduces societal
pressure to conform to ethical behaviour and
makes it easy to indulge in corruption.

 In the pre-LPG era, the over regulation, severe


restrictions on economic activity, excessive state
control, near-monopoly of the government in
many sectors and an economy of scarcity all
created conditions conducive to unbridled
Opportunity corruption.
 many state subsidies and beneficiary-oriented
programmes enhanced opportunities to indulge in
corruption and reduced the citizens’ capacity to
resist extortionary demands.

Two types of Corruption

coercive Citizens are forced to pay bribes. (for example Ration


corruption card, Driving license, telephone connection).

collusive Bribe giver and bribe taker benefit at immense cost to


corruption society. (for example 2G, Coal scam)

Post-LPG Reform Era


 monopoly and discretion increase the propensity to corruption
while competition and transparency reduce corruption.
 Telephones, steel, cement, sugar and even two-wheelers are
among the many sectors, which have seen enhanced supply
and choice, reducing or even eliminating corruption after LPG
reforms. (Liberalization, Privatization and Globalization)
 wherever technology and transparency have been introduced,
corruption has been significantly contained.
 over-centralization increases corruption
 The more remotely power is exercised from the people, the
greater is the distance between authority and accountability
 large number of functionaries between the citizen and final
decision-makers makes accountability diffused and the
temptation to abuse authority strong
 Right to Information, effective citizens’ charters have
dramatically curbed corruption and promoted integrity and
quality of decision making.

The way ahead

 The deregulation, liberalization and privatization are not


necessarily the solution to fix corruption.
 Public example has to be made out of people convicted on
corruption charge.
 All procedures, laws and regulations that breed corruption will
have to be eliminated.
 Right to information has to be the starting point for some of
these changes
 focus should be on e-governance and systemic change
 An honest system of governance will displace dishonest
persons.
 Benami properties of corrupt public servants need to be
forfeited, as also the assets illegally acquired from corrupt
practices
 Whistleblower legislation has to be put in place to protect
informants against retribution.

Politics and Ethics


 it is unrealistic and simplistic to expect perfection in politics in an
ethically imperfect environment
 India was fortunate that high standards of ethical conduct were
an integral part of the freedom struggle. Unfortunately, ethical
capital started getting eroded after the transfer of power.

Election =mother of corruption


 There used to be time when excesses in elections were
common for example imperfect electoral rolls, impersonation,
booth-capturing, violence, inducements and intimidation, floor-
crossing after elections to get into power.
 However, Election Commission and the Supreme Court have
taken several steps since the late 1980s
 Yet, there is a widespread view that much more needs to be
done to cleanse our political system.

Criminalization of politics
 It means participation of criminals in the electoral process
 Why rise of criminals in politics?
 protection for law-breakers on political, group, class, communal
or caste grounds
 partisan interference in investigation of crimes and poor
prosecution of cases,
 inordinate delays lasting over years and high costs in the judicial
process,
 mass withdrawal of cases,
 Indiscriminate grant of parole.

Why Criminals enter politics?

 Opportunity to convert the policemen from being potential


adversaries to allies.
 opportunity to influence investigations of crimes.

Why Political parties allow criminals?

 As for political parties, a criminal individuals is a ‘tool’ to secure


votes through use of money and muscle power.

Election reforms already in process


 Improvement in Accuracy of Electoral Rolls.
 provision of photo-identity cards for all voters
 Supreme Court has directed that a candidate should declare any
conviction by a court or whether a criminal case is pending
against him
 EC has directed every candidate to file a declaration of assets
and liabilities of the candidate and family members.
 Article 324 = EC has power to to “superintend, control and
direct” elections.
 Using this power, Election Commission has made the Code of
Conduct for elections binding in all respects.
 Similarly, EC has put prohibition of festoons/cutouts,
 required candidate to file on daily expenditure statements,
during Election campaigns.
 appointment of a large number of observers, ordering of re-poll
in specific polling booths.
 Electronic voting machines have been introduced throughout the
country (in the parliamentary elections of 2004).
 It has been decided that the death of an independent candidate
would not lead to the cancellation of an election.

Election Funding
 Large, illegal and illegitimate expenditure in elections is another
root cause of corruption.
 While there are formal limits to expenditure, in reality, actual
expenditure is alleged to be far higher.
 Therefore Cleansing elections is the most important route to
improve ethical standards in politics

Three Patterns of State Funding of Elections


 Internationally, there are three broad patterns of state funding for
political parties and elections

minimalist  UK, Ireland, Australia, New Zealand and Canada


pattern are examples of this pattern

 public funding not merely for elections but even


maximalist for other party activities, as in Sweden and
pattern Germany.

 partial reimbursement for public funding of


mixed pattern elections as in France, Netherlands and South
Korea

Election Funding In India


 Representation of the People Act puts limits on election
expenditure,
 company donations to political party were banned in 1969 but
later allowed by an amendment of the Companies Act in 1985
Dinesh Goswami Committee on Electoral Reforms
 set up in 1990
 recommended limited support, in kind, for vehicle fuel, hire
charges of microphones, copies of electoral rolls etc.,
 It also recommended a ban on company donations.

Indrajit Gupta Committee on State Funding of Elections


 Recommended partial state funding mainly in kind for certain
essential items.

Election and Other Related Laws Act 2003


 Gives Full tax exemption to individuals and corporates on all
contributions to political parties
 Disclosure of party finances and contributions over Rs.20,000.
 Provides Indirect public funding to candidates of recognized
parties – including free supply of electoral rolls
 Equitable sharing of time by the recognized political parties on
the cable television network and other electronic media (public
and private)

2nd ARC Recommendation:


 A system for partial state funding should be introduced in order
to reduce the scope of illegitimate and unnecessary funding of
expenditure for election.

anti-defection legislation
 Tenth Schedule was enacted in 1985
 It fixed a certain number above which defection in a group was
permitted in the house.
 (but) Legalising such selective defection however, provided
opportunities for transgressing political ethics and opportunism
 permitting defection in any form or context is a travesty of ethics
in politics.

91st Amendment 2003


 It tightened the anti-defection provisions of the Tenth Schedule,
enacted earlier in 1985
 Now mandatory for all those switching political sides – whether
singly or in groups – to resign their legislative membership.
 They now have to seek re-election if they defect and cannot
continue in office by engineering a ‘split’ of one-third of
members, or in the guise of a ‘continuing split of a party’
 bars legislators from holding, post-defection, any office of profit
 This Amendment has thus made defections virtually impossible
and is an important step forward in cleansing politics

Anti Defection : EC
 Election Commission has also insisted on internal elections in
political parties to elect their leaders.
 Election Commission has recommended that the question of
disqualification of members on the ground of defection should
also be decided by the President/Governor on the advice of the
Election Commission.
 Therefore, 2nd ARC recommends that the issue of
disqualification of members on grounds of defection should be
decided by the President/Governor on the advice of the Election
Commission

Disqualification of Candidate
 Given the delays in our criminal justice system, disqualification
after conviction for crimes may be an insufficient safeguard.
 There are candidates who face grave criminal charges like
murder, abduction, rape and dacoity, unrelated to political
agitations.
 There is need for a fair reconciliation between the candidate’s
right to contest and the community’s right to good
representation.
 election outcome must be decided by the people who are the
ultimate sovereigns through the ballot box.
 2nd ARC recommends that Representation of the People Act
needs to be amended to disqualify all persons facing charges
related to grave and heinous offences and corruption. But only
for the cases filed six months before an election would lead to
such disqualification
Publication of Accounts by Political Parties
 Political parties have a responsibility to maintain proper
accounts of their income and expenditure and get them audited
annually.
 This needs to be acted upon early. The audited accounts should
be available for information of the public.

Coalition Politics and Ethics


 Coalitions are often necessitated because it is difficult today for
a single party to obtain a clear majority in the Legislature.
 ethics of coalition government is, however, seriously strained
when the coalition partners change partnerships mid-stream and
new coalitions are formed, primarily driven by opportunism and
craving for power
 2nd ARC recommends that Constitution should be amended to
ensure that if one or more parties in a coalition realign
midstream with one or more parties outside the coalition, then
Members of that party or parties shall have to seek a fresh
mandate from the electorate.

CEC Appointment method should be changed


 Article 324 = Chief Election Commissioner/Commissioners are
to be appointed by the President on the advice of the Prime
Minister
 (but) Heads of other statutory bodies are appointed based on
the recommendations of a broad based Committee. For example

Head Selection Committee

 PM
Chief Vigilance Commissioner  HM
(CVC)  Opp Leader Lok Sabha

 PM
 HM
National Human Rights
 Opp Leader Lok Sabha
Commission (NHRC)
 Opp Leader Rajya Sabha
 Speaker
 Depty. Chairman Rajya
Sabha

2nd ARC recommends that CEC and other EC should be selected


through such Committee.

Disposal of Election Petitions


 at present Election petitions in India are to be filed in the High
Court
 such petitions should be disposed of within a period of 6 months
(required under Representation of Peoples Act)
 (but) In actual practice however, such petitions remain pending
for years and in the meanwhile, even the full term of the House
expires thus rendering the election petition infructuous.
 National Commission to Review the Working of the Constitution
(NCRWC) headed by Venkatchelliah, recommended that special
election benches should be constituted in the High Courts for the
disposal of election petitions
 2nd ARC Recommends that Special Election Tribunals should be
constituted at the regional level under Article 323B.
 These Special Election Tribunals will ensure speedy disposal of
election petitions and disputes within a stipulated period of six
months.

Disqualification for Membership (art.102)


Article 102 of the Constitution provides for disqualification for
membership of either House of Parliament under following situations:

 if he holds any office of profit under the Government of India or


the Government of any State
 if he is of unsound mind and stands so declared by a competent
court;
 if he is an undischarged insolvent;
 if he is not a citizen of India,
 if he voluntarily acquired the citizenship of a foreign State
 if he is under any acknowledgement of allegiance or adherence
to a foreign State;
 if he is so disqualified under the Tenth Schedule (Defection)
Ethics in Public Life
 in a democracy, all persons holding authority derive it from the
people.
 all public functionaries are trustees of the people.
 higher the echelon in public service, the greater is the ambit of
discretion
 Therefore it is difficult to provide laws and rules that can regulate
the exercise of discretion in high places

Corruption and hypocrisy ought not to be inevitable products of democracy,


as they undoubtedly are today (Gandhi)
Nolan Committee of United Kingdom

 It outlined the following seven principles of public life

1. Selflessness:
2. Integrity
3. Objectivity
4. Accountability
5. Openness
6. Honesty
7. Leadership

Code of Conduct for Ministers


Government of India has prescribed following Code of Conduct to
Ministers
Before becoming minister
person shall disclose to the Prime
Minister, or the Chief Minister,

 His assets and liabilities,


 business interests, of himself and
of members of his family
 all immovable property
 shares and debentures
 cash holdings
 jewellery

and He shall sever all connections, with


the conduct and management of any
business in which he was interested
But the Easiest Way is not before his appointment as Minister.
always the Best Way.

While being Minister

 so long as he remains a Minister, he shall furnish annually by


the 31 st March to the Prime Minister, or the Chief Minister, as
the case may be, a declaration regarding his assets and
liabilities.
 refrain from buying from or selling to, the Government any
immovable property
 refrain from starting, or joining, any business;
 ensure that the members of his family do not start, or participate
in, business concerns, engaged in supplying goods or services
to that Government
 if any member of his family sets up, or joins in the conduct and
management of, any other business.
 report the matter to the Prime Minister, or the Chief Minister
 No Minister shoul accept contribution for any purpose, whether
political, charitable or otherwise, personally, or through a
member of his family,
 No Minister should not permit their spouse and dependents to
accept employment under a Foreign Government.
 A Minister should-not accept valuable gifts except from close
relatives, and he or members of his family should not accept any
gifts at all from any person with whom he may have official
dealings.
 A Minister should avoid attending, as far as possible,
ostentatious or lavish parties given in his honour.
 He should stay in accommodation belonging Government such
as circuit houses, dak bungalows etc)

Foreign Gifts

 A Minister may receive gifts when he goes abroad or from


foreign dignitaries in India
 These gifts are of two types

#1: Symbolic gifts

 which are of symbolic nature, like a sword of honour, ceremonial


robes
 It can be retained by the recipient minister

#2: Non-Symbolic gifts

 second category of gifts would be those which are not of


symbolic nature
 If its value is less than Rs. 5,000/- it can be retained by the
Minister.
 Otherwise he will have the option to purchase it from the
Toshakhana
 Only gifts of household goods which are retained by the
Toshakhana, such as carpets, paintings, furniture etc.
 They will be kept in Rashtrapati Bhavan, Prime Minister’s House
or Raj Bhavan as State property.
 Commission

2nd ARC on Ministers’ code of conduct


 Ministers in the Lok Sabha must keep separate their roles as
Minister and constituency member;
 Ministers must not use government resources for party or
political purposes
 Ministers must uphold the political impartiality of the Civil Service
and not ask civil servants to act in any way, which would conflict
with the duties and responsibilities of civil servants;
 Dedicated units should be set up in the offices of the Prime
Minister and the Chief Ministers to receive public complaints
regarding violation of the Code of Conduct
 Prime Minister or the Chief Minister should ensure the
observance of the Code of Ethics and the Code of Conduct by
Ministers.
 even in the case of coalition governments where the Ministers
may belong to different parties

2nd ARC on Legislators’ Code of Conduct


 Ethics Committees should be constituted in each house.
 Ethics Commissioner may be constituted by each House of
Parliament.
 They would assist the Committee on Ethics in the discharge of
its functions, and advise Members, when required, and maintain
necessary records.
 ‘Registers of Members’ Interests’ may be maintained with the
declaration of interests by Members.
 The Rules of the US Congress and the Australian and Canadian
Parliaments do not allow a legislator to vote if they have a direct
pecuniary interest.

Separation of Powers: Executive vs Legislative


#1: giving offices

 We accepted the Westminster model because of familiarity and


historical association.
 In this model, the executive (Council of Ministers) is drawn from
the legislature
 While in theory, the legislature holds the government to account,
in reality it is often noticed that the government controls the
legislature as long it has a majority in the House.
 Therefore, Governments often have to appoint many ministers
only to placate the ambitions of coaliation partners or faction
leaders of their own party.
 This led of inflation of ministers.
 The 91st Amendment to the Constitution enacted in 2003 limited
the size of Council of Ministers to 15% of the Lower House.
 So now, Governments (Executive) try to placate the coaliation
partners or faction leaders of their own party by giving them
Chairmanships of Corporations, Parliamentary Secretaryships of
various ministries, and other offices of profit as sops to satisfy
their aspirations for rank, status and privilege and a way of
buying peace for the government.
 Therfore there is a need to examine this issue.

#2: MPLADS

 legislators are empowered to sanction public works and


authorize expenditure of funds granted under MPLADs and
MLALADs scheme.
 these schemes do seriously erode the notion of separation of
powers as the legislator directly becomes the executive.
 (because) legislators do not directly handle public funds under
these schemes, as these are under the control of the District
Magistrate is flawed
 In fact, no Minister directly handles public money. Even the
officials do not personally handle cash, except the treasury
officials and disbursing officers.

2nd ARC on Separation of Powers


 All offices involving executive decision making and control of
public funds, including positions on the governing boards of
public undertakings and statutory and non-statutory authorities
directly deciding policy or managing institutions or authorizing or
approving expenditure shall be treated as offices of profit, and
no legislator shall hold such offices.
 If a serving Minister by virtue of office, is a member or head of
certain organizations like the Planning Commission where
coordination and integration is vital for the day-to-day functioning
of government, it shall not be treated as office of profit.
 Schemes such as MPLADS and MLALADS should be abolished
 Members of Parliament and Members of State Legislatures
should be declared as ‘Public Authorities’ under the Right to
Information Act, except when they are discharging legislative
functions.

Concluding words
 All great democracies went through the tortuous process of
democratic transformation, which included corruption and blatant
misuse of power.
 India has the strength and resilience to build a great democracy
 (but) We need to promote a culture of zero-tolerance of
corruption
 and men and women of integrity, competence should enter
politics.

This is the gist of 2nd ARC’s 4th report :”Ethics in Governance”. (upto Chapter
#2 Minus Ethical Framework for Bureaucrats, Judges and Regulators.)

To be Continued…

Mock Questions
MCQ

Which of the following statements are correct?

1. The CVC is selected by a Committee made up of PM, HM and


Leader of Opposition in Lok Sabha.
2. CEC is selected by a Committee made up of PM, HM, Leader of
Oppositions in Lok Sabha and Rajya Sabha.
3. The provisions related to Defection are given in ninth Schedule
of our Constitution.
4. Use of Electronic voting machines had been introduced in the
parliamentary elections of 1999.

Which of the following is not a recommendation of 2nd ARC?

1. Schemes such as MPLADS and MLALADS should be abolished


2. Ethics Commissioner should be appointed in each House of
Parliament.
3. System for partial state funding should be introduced in
elections.
4. No changes are required in the the present system of CEC
selection.
5. Special Election Tribunals should be established to ensure
speedy disposal of election petitions.

Descriptive

Write 120 words note on


1. Electoral Reforms suggested by 2nd ARC.
2. Salient Features of Whistleblower’s Protection Bill
3. Salient Features of Benami Transection Act
4. Main provisions of Tenth Schedule.

Essay (1500+ words)

1. All that is necessary for the triumph of evil is that good men do
nothing
2. The line separating good and evil passes not between states nor
between classes, but through the middle of every human heart.
3. Rule of Law in India: ground realities and the road ahead

Interview

1. Are you in favor of State Funding of Election in India? Is it


Feasible for such a large country?
2. What steps do you think are necessary to stop Criminalization of
politics?
3. If Election is the mother of corruption, then shouldn’t the election
be scrapped? Hand the power to bureaucrats and country will
run properly, don’t you think?

Polity] 2nd ARC : Disaster Management (3rd Report) Gist


of Chapter 1 to 3

This content is taken from 3rd report of 2nd Administrative reform


Commission (Crisis Management). The reports of 2nd ARC are
important because they provide truckload of fodder-material in mains
GS, Public Administration, Essay and interview.

1. Crisis vs Disaster
2. Disasters: why increasing?
3. Disasters in India
1. Earthquakes
2. Cyclones
3. Tsunamis
4. Floods
5. Landslides
6. Avalanches
7. Industrial Disasters
8. Reforms after Bhopal Gas tragedy
9. Epidemics
10. Nuclear Hazards
11. Desert Locusts
4. Slow Onset disasters
1. Climatic Change
2. Droughts
3. Desertification and Soil Degradation
4. Sea Erosion
5. Disaster Response Mechanism in India
1. Constitution of India: Disaster Management
2. State Government & Disaster Management
1. Role of CM
2. Role of Chief Secretary
3. Role of District Collector
3. Union Government & Disaster Management
1. Role of cabinet Secretary
2. Where does the money come?
3. Role of Army
6. Timeline of Events: Disaster Management in India

Crisis vs Disaster
 crisis’ may be defined as “an emergency situation arising out of
natural or human activity which poses a threat to human life and
property or leads to large scale disruption of normal life.
 A crisis may degenerate into a disaster if it is not properly
managed resulting in avoidable loss of human life and property
on a large scale.
 Second Administrative Reforms Commission, in its 3rd report
discussed the Crisis Management.

Disasters: Why Increasing?


 Natural disasters have been an integral part of human history
right from the dawn of civilization. The rise and fall of the Indus
Valley and Babylonian civilizations are a testimony to this.
 globalization, urbanization, large-scale migrations of human
population and climate changes = more disaster.
 The scourge of terrorism has created new types of crises
 increasing dependence on communications and computer
networks have increased the threat of newer emergencies in
case these are disabled by accident or design.(Net-banking,
sharemarket, Financial Terrorism etc)
 modernization, information explosion, transnational migrations,
and the economic interdependence among nations have all
contributed to extending the impact of crisis situations.
 Intergovernmental Panel on Climate Change (IPCC) came to
the conclusion that, worldwide the frequency and magnitude of
all types of natural disasters are on the rise
 In some regions of the country, the frequency and intensity of
droughts have increased over the past few decades.
 Extreme rainfall events will increase over many areas, resulting
in greater number of floods and landslides.
 Mid-continental areas would generally become drier, thus
increasing the risk of summer droughts and forest fires.
 tropical cyclone expected to be on the rise.
 Such increasing trends in natural disasters will inevitably create
crisis situations.
 Therefore Disaster management will become a very critical issue
in the coming years.

Disaster Matrix (Click to Enlarge)


Types of Disasters
 caused by acts of nature
o Climatic events
 cyclones
 storms (associated sea erosion),
 floods and
 drought
o Geological events:
 earthquakes,
 tsunamis,
 landslides
 avalanches;
 by environmental degradation
 by accidents.
o by biological activities
 public health crises, epidemics etc;
o by hostile elements
 war, terrorism, extremism, insurgency etc;
o by disruption/failure of major infrastructure facilities
 by large crowds getting out of control

Life Cycle of a crisis


 It is also necessary to recognize that often a crisis does not
emerge suddenly; it has a life cycle, which may take days,
months or even decades to develop depending on its causative
factors.
 This ‘life cycle’ of crisis management may be divided broadly in
three phases –
o pre-crisis,
o during crisis
o post crisis.
 Recovery
 Rehabilitation
 Reconstruction
 Most of the natural disasters can now be predicted with a fair
degree of accuracy (earthquakes are an exception).
 Similarly, a reservoir of knowledge and experience now exists
about managing all aspects of disasters. The challenge is to
ensure that the community at large and the decision makers are
empowered with this knowledge.

Traditional Knowledge for Disaster Management


 Why should people be brought in for a community approach to
disaster management? The answer should be easy to
appreciate. If tribals in the Andamans could survive the tsunami,
it was because their existing warning systems worked well in
comparison to our non-existent modern systems
 The fact that traditional houses of wood and stone survived the
Uttarkashi earthquake not so long ago while modern buildings
collapsed offered a similar lesson.
 This intelligence needs to be tapped for devising approaches to
management of disasters.

High Cost of Disaster


Disasters in India
 India is very vulnerable to natural hazards because of its unique
geo-climatic conditions. Disasters occur in India with grim
regularity causing enormous loss of life and property.
 Almost 85% of the country is vulnerable to single or multiple
disasters and about 57% of its area lies in high seismic zones.
 40 million hectares of the country’s land area is prone to flood
 68% of the area is susceptible to drought
 investment in disaster prevention and mitigation is highly cost
effective: for example, every dollar spent on mitigation saves
three to five dollars on relief and rehabilitation
 Unfortunately, long-term benefits of crisis prevention and
mitigation have not been duly factored into our planning and
administrative systems
 A brief description of some major crises/disasters, which India
faces is given in the following paragraphs

Earthquakes
 Himalayas – the youngest among the mountain ranges
 very severe earthquakes in several parts of the Himalayan and
surrounding regions
 This makes the entire region covering fourteen states (located in
western and central Himalayas, northeast, and parts of Indo-
Gangetic basin) highly prone to earthquakes.
 The other seismically active regions of the country include the
o Gulf of Khambhat
o Rann of Kutch in Western Gujarat,
o Lakshadweep and Andaman and Nicobar Islands.
 Earthquakes can neither be prevented nor predicted in terms of
their magnitude, or place and time of occurrence
 Therefore, the most effective measures of risk reduction are
 Building construction norms
 effective rescue and relief actions immediately after the
occurrence of the earthquake.

Cyclones

Tropical Cyclone Exaplained: Click to Enlarge

 More than 8000 km of coastline in the east and the west face the
hazards of tropical cyclones,
 A ‘super cyclone’ hit x Orissa in 1999
o caused extensive damage killing about 10,000 people and
lakhs of livestock population.
o The economy, infrastructure and environment were
devastated
 An effective cyclone disaster prevention and mitigation plan
requires
 efficient cyclone forecast – and warning services
 rapid dissemination of warnings to the government agencies,
particularly marine interests like ports, fisheries and shipping
and to the general public
 construction of cyclone shelters in vulnerable areas, a ready
machinery for evacuation of people to safer areas and
community preparedness

Tsunamis

How Tsunami works?

 Tsunamis are large waves generated by sudden movements of


the ocean floor that displace a large volume of water.
 Tsunamis are usually associated with earthquakes
 But tsunamis can also be triggered by other phenomena like
submarine or terrestrial landslides, volcanic eruptions,
explosions or even bolide (e.g, asteroid, meteor, comet)
impacts.
 Tsunamis have the potential to strip beaches, uproot plantations,
and inundate large inland tracts and extensively damage life and
property in coastal area.
 The tsunami in December 2004 caused severe damage to life
and property in the coastal areas of Andhra Pradesh, Tamil
Nadu, Pondicherry, Kerala and Andaman and Nicobar Islands,
o The confirmed death toll in India was 12,000+ while 5,640
people are still unaccounted for.
o The total estimated value of damages is Rs.11,000+ crores
(Approx US $2.56 billion)

Floods

How to prevent Flood Damage?

 The term flood is generally used when the water-flows in rivers,


streams and other water bodies cannot be contained.
 Floods occur regularly in India affecting about 10% of area.
 According to the estimates of the National Flood Commission
(1980), commonly known as the Rashtriya Barh Ayog, Assam
and Bihar are the States worst affected by floods followed by
U.P. and West Bengal.
 In many cases, the natural process of flooding is aggravated by
man-made due to
o unplanned or unauthorized construction activities;
o Increasing pace of urbanization,
 The incidence of floods in recent times in urban areas such as
Mumbai, Surat, Vadodara and other places is symptomatic of
this trend and is the direct result of unauthorized construction
activities.
 poor urban planning and implementation,
 lack of investment in storm water drainage and sewerage
 The country has to shift towards efficient management of flood
plains, disaster preparedness, response planning, flood
forecasting and warning
 There should be strict regulation of settlements and economic
activity in the flood plain zones along with flood proofing, to
minimise the loss of life and property on account of floods.
 Flood forecasting activities should be modernized

Landslides

Landslides

 Landslides are mass movements of rocks, debris or earth, down


mountain slopes or riverbanks. Such movements may occur
gradually, but sudden sliding can also occur without warning.
 They often take place in conjunction with earthquakes, floods
and volcanic eruptions
 Prolonged rainfall causing heavy landslides block the flow of
rivers for quite some time, which on bursting can cause havoc to
human settlements downstream
 hilly terrains of India, particularly in the Himalayas and the
Western Ghats, are most vulnerable to landslides.
 In contrast, the Western Ghats and Nilgiri Hills are geologically
stable
 regulate settlements in hazard prone area
 construction of retaining walls against steep slopes

Avalanches
 sliding down of snow cover on mountain slope causes
avalanches
 Avalanches create various crisis situations for the local
administration;
 road traffic may be blocked and communication links to vital
areas may be disrupted
 winter sports may be disturbed stranding tourists in places with
scant facilities.
 Small rivers may be blocked creating danger of down stream
flooding.
 Avalanches may sometimes hit or bury human settlements down
the slopes
 Solution
o remove snow deposits on slopes by blasting,
o predicting avalanches and evacuating people from
vulnerable areas.

Industrial Disasters
 Among the man made disasters, probably the most devastating
(after wars) are industrial disasters.
 These disasters may be caused by chemical, mechanical, civil,
electrical or other process failures in an industrial plant due to
accident or negligence,
 But they also cause widespread damage within and/or outside
the plant
 worst example = Methyl Iso-cynate gas leak in 1984 from the
Union Carbide Factory in Bhopal (known as the Bhopal Gas
Tragedy) which has
 so far claimed more than 20,000 lives and injured several lakh
persons

Reforms after Bhopal Gas tragedy


 In the pre-Bhopal Gas Tragedy era, industrial safety was
governed by legislations like the Factories Act, 1948 and the
Explosives Act, 1884.
 These laws proved to be inadequate to provide safety to workers
as well as to the people living in the surrounding areas
 So, The Environment Protection Act, 1986 was enacted.
 Stringent environmental protection laws have prevented major
industrial disasters after Bhopal, but minor disasters do take
place on and off site and also during transportation of hazardous
materials, which claim a number of lives each year besides
creating environmental problems.
 With rapid industrialization, the threat of industrial disasters has
increased.
 However, in spite of the existence of a large number of laws,
their enforcement has left much to be desired

Epidemics
In India, the major sources of epidemics can be broadly categorized
as follows

 Epidemics often take place due to poor sanitary conditions


leading to contamination of food and water or due to inadequate
disposal of human or animal carcasses in post-disaster
situations.
 They become real dangers during floods and earthquakes.
Sometimes, poor solid waste management may create
epidemics like plague.
 Plague is quite uncommon now but it can still occur as it did in
Surat in 1994

Nuclear Hazards

Fukishima Nuke Power Plant

 Department of Atomic Energy (DAE) is the nodal agency in the


country in respect of man made radiological emergencies in the
public domain.
 (I think we already covered the steps taken by Indian
Government to prevent nuke accidents. Refer the Seoul Summit
article click ME)

Desert Locusts
Swarm of Desert Locust

 Under favourable environmental conditions, a few insects can


dramatically multiply, form large swarms able to migrate great
distances
 they threaten agriculture over a large part of Africa, the Middle
East and Southwest Asia = food security problem.
 International cooperation lies at the core of an effective strategy
for locust control

Slow vs Rapid Onset disasters

Slow onset disaster Rapid onset disaster

climate change (global warming),


Earthquakes, cyclones,
desertification, soil degradation, and
floods, tsunamis
droughts,

Also known as Creeping Emergencies.their


impact is not felt immediately.

Climatic Change
 Climate change is defined as ‘a statistically significant variation
in either the mean state of the climate for an extended period
(typically decades or even longer)
 Global warming caused due to the “Greenhouse effect” is one of
the major reasons for climate change.
 Global warming leads to melting of glaciers, rise in sea level and
threatens low lying coastal areas (Like the Sunderbans and
entire nations such as Bangladesh and Maldives)
 Combating global warming requires urgent and concerted efforts
by the international community.

Droughts
 Droughts refer to a serious shortfall in availability of water, thus
affecting agriculture, drinking water supply and industry.
 Droughts in India have their own peculiarities requiring
appreciation of some basic facts. These are:
 India has an average annual rainfall of around 1150 mm; no
other country has such a high annual average, however, there is
considerable annual variation
 More than 80% of rainfall is received in less than 100 days
during the South-west monsoon and the geographic spread is
uneven.
 Inadequacy of rains coupled with adverse land-man ratio
compels the farmers to practice rain-fed agriculture in large parts
of the country
 Irrigation, using groundwater aggravates the situation in the long
run as ground-water withdrawal exceeds replenishment; in the
peninsular region availability of surface water itself becomes
scarce in years of rainfall insufficiency

Desertification and Soil Degradation


 Any kind of land degradation can be termed as desertification.
 This can take place due to soil erosion, increasing alkalinity in
soil and water-logging
 Land degradation is estimated to affect one third of the total area
of the country
 process of desertification is accelerated due to continuing
cultivation.
 alkalinity and salinity coupled with water-logging= seriously
reduces agricultural productivity and has grave implications for
our food security system.

Sea Erosion
 landward displacement of the shoreline caused by the forces of
waves and currents is termed as erosion.
 Coastal erosion occurs when wind, waves and long shore
currents move sand from the shore and deposit it somewhere
else.
 this results in permanent changes in beach shape and structure.
 The impact of the event is not always seen immediately, but it is
equally important when we consider loss of property that it
causes.
 It takes months or years to note the impact. So, this is generally
classified as a “long term coastal hazard”
 While the effects of waves, currents, tides and wind are primary
natural factors that influence the coast,
 construction of artificial structures, mining of beach sand,
building of dams
 About 23 per cent of India’s mainland coastline of 5423 km is
getting affected by erosion

Crisis/Disaster Response Mechanism in India


 Arthashastra, (a treatise on public administration by Chanakya
in the 4th century B.C), devoted a section to mitigation
measures to combat famines
 Modern methods of crisis management began to be applied from
the late 1870
 After Independence, drought relief works were undertaken in
areas affected by severe droughts.
 With the onset of the green revolution in the late 1960s the
necessity for famine relief work declined
 holistic drought management programme was taken up in the
form of the Drought Prone Areas Programme (DPAP).
 Legislation on disaster management at the national level was
enacted in the year 2005 with the Disaster Management Act,
2005

Disaster Response Mechanism in India


 community is usually the first responder in case of a disaster
 in urban areas the response is articulated by agencies like the
civic authorities, the fire brigade and the local police station
 At present, panchayats do not have the capacity to react in case
of disaster.
 So, it is the district administration, which retains the basic
responsibility of handling crises situations with the Collector
playing a pivotal role.

Constitution of India: Disaster Management


 Indian Constitution has specified specific roles for the Union and
State Governments.
 However, the subject of disaster management does not find
mention in any of the three lists in the Seventh Schedule of the
Indian Constitution.

State Government & Disaster Management


 State Governments = post disaster relief and rehabilitation
 A few states have created seperate a Disaster Management
Department.

Role of CM
 a Cabinet Committee on Natural Calamities under the
chairpersonship of the Chief Minister takes stock of situations
and is responsible for all important policy decisions.

Role of Chief Secretary


Every state has a Crisis Management Committee under the
chairpersonship of the Chief Secretary,

 It reviews crisis situations on a day-to-day basis at the time of


crisis,
 coordinates the activities of all departments and provides
decision support system to the district administration

Role of District Collector


 District Magistrate/Collector has the responsibility for the overall
management of disasters in the district.
 All departments of the State Government including the police,
fire services, public works, irrigation etc. work in a coordinated
manner under the leadership of the Collector during a disaster,
except in metropolitan areas where the municipal body plays a
major role.
 District Collector also enjoys the authority to request for
assistance from the Armed Forces if circumstances so demand

Union Government & Disaster Management


 Union Government plays a key supportive role by
o Giving physical and financial resources
o early warning and co-ordination of efforts of all Union
ministries, departments and organizations
 Till recently, the Department of Agriculture had the nodal
responsibility for managing disasters.
 After the Gujarat earthquake in 2001, this responsibility has
been shifted to the Ministry of Home Affairs
 Matters relating to nuclear, biological and chemical emergencies
are looked after by the Cabinet Committee on Security.

Role of cabinet Secretary


 Cabinet Secretary, as the highest executive officer, heads the
National Crisis Management Committee (NCMC).
 NCMC can give directions to any ministry, department or
organization for specific action needed for meeting the crisis
situation.

Where does the money come?


 After a natural disaster, Government has to take do relief work.
 To finance such relief work, lot of money is required.
 The allocation of this money is governed by the
recommendations of the Finance Commission.
 Finance Commission is appointed by the Government of India
every five years.
 Under the existing scheme, each state has a corpus of funds
called Calamity Relief Fund (CRF)
 In case the funds under CRF are not sufficient to meet the
specific requirements, State Governments can seek assistance
from the National Calamity Contingency Fund (NCCF)
 Both these funds, as the names suggest, are meant for relief
and rehabilitation and do not cover either mitigation or
reconstruction works, which have to be funded separately by the
State or Union Government

Role of Army
 They’re most effective in dealing with Natural Disaster relief
because of
o their ability to organize action in adverse ground
circumstances,
o Their speed of operational response and also their
resources and skills (army engineer, doctors etc)
 Thus, they play a major role in assisting the civil administration.
 They provide communications, search and rescue operations,
health and medical facilities, transportation, power, food and civil
supplies, public works and engineering, in the immediate
aftermath of major disasters

laws

 Essential Services Maintenance Acts (ESMA) to ensure


provision of essential services during the time of crisis.
 The Code of Criminal Procedure (Cr.P.C) still remains the most
important Act to tackle crisis situations due to public order
problems
 Seperate Disaster Management Act was enacted in 2005.

Timeline of Events: Disaster Management in India


1990s

 United Nations decided to observe the 1990s as the


International Decade of Natural Disaster Reduction (IDNDR).
 National Governments were expected to pay special attention to
measures to deal with natural disasters

1999

 Government of India Constituted a High Powered Committee


(HPC) on Disaster Management.
 HPC came out with a large number of recommendations.

2001
 Following the Gujarat earthquake, the Government of India took
important policy decisions/measures for reforming the disaster
management system in the country. These are:
 Disaster management was moved from the purview of the
Ministry of Agriculture to the Ministry of Home Affairs
 Although Ministry of Agriculture retains the responsibility for
droughts, pest attacks and hailstorms;
 State Governments were advised to create separate Disaster
Management Department
 State Governments were further advised to constitute
o State Disaster Management Authority under the
Chairmanship of State Chief Ministers
o District Disaster Management Committee under the
Chairmanship of District Collectors
 A specialized force comprising eight battalions to be named as
National Disaster Response Force to be constituted with state-
of-the-art equipment and training to respond to various natural
and man made disasters;
 advanced fail-proof disaster communication network
 National Institute of Disaster Management was set up at Delhi
for training research
 Basics of disaster management to be introduced in school
education
 disaster resistant technologies to be introduced in engineering
and architecture
 disaster- Management topic introduced in medical and nursing
education

2005
 separate law on disaster Management. (more on that later)

To be Continued………
With this article, I’ve done upto only Chapter 3 of Report #3 of 2nd ARC, so
more stuff yet to come in this topic- in upcoming days.

[Polity] Public Procurement Bill 2012: Meaning, Salient


Features, explained
Topic particularly important for those with Public Administration
optional subject
(Public Administration Paper I ->5th Topic : Accountability and
control)

1. What is Public Procurement?


2. What is the problem in Public Procurement system?
3. Where does the bill apply?
4. Where does the bill not apply?
5. Salient Features / Provisions of the bill?
6. Punishment

What is Public Procurement?


 public procurement means how the public authorities– the
Central and State governments, ministries/departments, public
sector undertakings or state-owned enterprises—spend public
money buying goods and services.
 For example, a department purchasing vehicles, office
equipment, computers, stationary, air-conditioners, refrigerators,
buildings, etc.

What is the problem in Public Procurement system?


 A back-of-the-envelope assessment reckons that India’s public
procurement systems account for more than Rs. 10 lakh crore of
business every year which is more than 30 per cent of country’s
GDP.
 Lot of Corruption during the tender/bidding process.
 There are imperceptible pressures from trading partners such as
the EU that foreign companies should be allowed to easily
participate in India’s public procurement process.
 At present there is no single legislation providing guidelines for
public procurement and for giving punishments to bribe givers
and bribe takers.
 So Finance ministry introduced Public Procurement Bill, 2012 in
Lok Sabha.
 It is based on the recommendations of Committee on Public
Procurement headed by former bureaucrat Vinod Dhall
 This Bill seeks to make public procurement transparent and
corruption-free.
Where does the bill apply?
 Any central department, ministry, PSU or Company where
Government has more than 50% stakes.
 For purchases about 50 lakh rupees.

Where does the bill not apply?


 For emergency purchases done during disaster Management,
national security.

Salient Features / Provisions of the bill?


 Procuring entity (Ministry/department etc) shall first determine
the need for the procurement and estimate the cost of the
procurement based on certain specified matters. It may publish
information regarding planned procurements.
 Bill provides for setting up a Central Public Procurement
Portal (website) to ensure transparency in the procurement
process. Information such as pre-qualification document and
details of bidders shall be displayed on the Portal.
 Ministry/Department shall not limit participation of bidders or
discriminate against or amongst bidders except for the
protection of public order and morality, animal or plant life,
intellectual, national security. (means foreign companies can
also fill up tenders without trouble- that’s what EU and USA
wanted.)
 central government may make procurement mandatory from
certain bidders only on the grounds of promotion of domestic
industry, socio economic policy, or other considerations in public
interest. (means Government can prevent foreign companies
from bidding, in special cases)
 Government shall constitute one or more independent
procurement redressal committees [under the chairmanship of a
retired High Court Judge].
o if any prospective bidder (seller) feels that a particular
ministry/department etc. did not consider his
product/services for any foul reasons (e.g. if he feels that
since he did not give bribe so his tender was rejected) -so
in that case he may file an application with such a
committee.

Punishment
 Bill states different degree of penalties for offences such as
taking bribes in respect of procurement, interference with the
process, making vexation, frivolous or malicious complaints, and
abetment of offences.
 Jail time from 6 months to 5 years, for bureaucrats caught taking
bribes or otherwise creating obstacles via ‘bid rigging’ or
enabling ‘collusive bidding’ or ‘bid suppression’ to favour certain
bidder (seller).
 Government shall debar a bidder (seller) if he has been
convicted of an offence under Prevention of Corruption Act,
1998 and the IPC and or if he tries to bribe an officer / otherwise
play mischief in the bidding.

[Polity] Article 371-J: Special Status for Hyderabad-


Karnataka region (118th Constitutional Amendment Bill)
1. What is 118th Constitutional Amendment Bill, 2012?
2. What is Article 371?
3. What is Article 371-J?
4. What is Domicile requirement?
5. Where do Domicile requirements apply?

What is 118th Constitutional Amendment Bill, 2012?


 It seeks to amend Article 371 of the Constitution to insert a new
article 371-J.

What is Article 371?


 Falls under Part 21 of Indian Constitution (Temporary,
Transitional and Special Provisions).
 Article 371 and its sub-articles, deal with special provisions for
Assam, Nagaland, Gujarat, Maharashtra etc. Usually, they are
about establishing special Development board for the particular
backward regions to grant more funds, and/or reservation in
local Government jobs-colleges etc.
 For example Article 371 (D), Telengana region has a provision
of local cadres for reservation in direct recruitment and
admission to educational institutions and setting up of an
administrative tribunal. (Domicile requirement/ ‘sons of
soil’policy in education and employment)
 Has been amended many times, to include new articles, for
example

What is Article 371-J?


 It’ll grant special status to six backward districts of Hyderabad-
Karnataka region to

1. Establish of a separate Development Board


2. This board will see that sufficient funds are allocated for
Development of the region.
3. Local reservation in education and Government-jobs (Domicile
requirement.)

What is Domicile requirement?


Domicile means you must be a resident of the given area for getting
college admission, job, land purchase, fighting elections etc.

Where do Domicile requirements apply?


1. Jammu and Kashmir- outsider cannot purchase land.
2. Similar provisions for Scheduled and tribal Areas (5th and
6th Schedule of Indian Constitution)
3. Recruitment in Army for below-officer ranks. They’ve district /
area wise vacancies and separate educational qualifications
according to areas. For example Soldier (General Duty)
minimum requirement
a. Candidate should have passed class 10, if he is from
Jaisalmer and Barmer Dists of Rajasthan.
b. But if he’s from Andaman & Nicobar Group of Islands, he
can compete even if he is merely passed class 8.
4. Earlier, if you wanted to contest for Rajya Sabha election from a
particular state, you had to be ordinary resident of that state
(e.g. Mohan had to buy a house in Dispur to get the voters’ card
and fight Rajya Sabha elections from Assam.) But then
parliament amended to Representation of People in 2003 and
removed this provision.

(^List is not exhaustive)

[Polity] Amicus Curiae: Meaning, Significance

1. What is Amicus Curiae?


2. #1 Helping in PIL
3. #2 Doing Investigation
4. #3 Defending the accused

What is Amicus Curiae?


 In simple language, “amicus curiae” means “friend of the court”.
 Amicus Curaie is required in following situations

#1 Helping in PIL
 In many high-profile PILs, the courts appoint an amicus curiae,
to assist them in formulating a viewpoint and to make inquiries
and reports.
 In several major PIL judgments on prison reform, terrorism,
environment, mentally deficient litigants, freedom of the media,
unauthorised occupation of government premises and
unauthorised constructions, decisions have been based on the
assistance provided by the amicus.

#2 Doing Investigation
 There is another kind of amicus curiae, appointed in cases that
are not PILs, where important questions of law are involved and
both parties are represented but the court still wants a senior
lawyer to assist it. (e.g. Supreme Court appointed Raju
Ramachandran as amicus to investigate allegations of Narendra
Modi’s complicity in the Gujarat riots.)

Raju Ramachandran
#3 Defending the accused
 The “traditional” amicus curiae is the one who is asked to
represent the accused in a criminal appeal.
 This happens in two situations:
1. when the Accused is too poor and/or requests the court to
provide him a lawyer (for example same Raju
Ramahandran defending Kasab.)
2. or when the criminal does not engage his own lawyer to
defend him against the State. (For example members of
the LTTE refused to represent themselves in Indian court)
 Supreme Court and the high courts maintain panels of lawyers
who are assigned amicus work in criminal appeals.
 The Supreme Court has mandated that legal aid, that is, a
lawyer representing a poor accused, is a must in criminal cases.

Ref

http://www.indianexpress.com/news/a-friend-and-lawyer/997812/0

Polity] National Counter Terrorism Center (NCTC):


Meaning, functions, Controversy

1. Introduction: The Need for NCTC


2. What will NCTC do?
3. Multi-Agency Centre (MAC)
4. How is it different from US and UK model?
5. What is the problem with NCTC?
1. Power to Arrest without informing State Government
2. Overlapping with NIA
6. Present Status of NCTC

Introduction: The Need for NCTC


 National Counter Terrorism Center (NCTC)
 After the 26/11 attacks, Government felt the need to setup a
separate body to deal with terrorism.
 NCTC is modeled on the American NCTC and Britain’s Joint
Terrorism Analysis Centre.
 NCTC will derive its powers from the Unlawful Activities
Prevention Act, 1967
 The basic idea is to prevent confusion regarding intelligence
inputs and also ensure that none of the police forces from the
states enter into a blame game regarding intelligence sharing as
one got to see during the 26/11 attacks in Mumbai.

What will NCTC do?


1. It will have the power to conduct searches and arrests in any
part of India.
2. will collect, collate and disseminate data on terrorism.
3. will also maintain a data base on terrorist and their
associates including their families.
4. In short, NCTC will serve as a single and effective point of
control and coordination of all counter terrorism measures.

Multi-Agency Centre (MAC)


It is platform to share varied intelligence inputs coming from various
agencies like the

1. Directorate of Revenue Intelligence (DRI),


2. Economic Intelligence Agency,
3. Enforcement Directorate etc. –

Earlier this MAC was under Intelligence Bureau under Home Ministry.
But in future, the MAC will be placed under the NCTC.

How is it different from US and UK model?


 USA’s NCTC which deals only with strategic planning and
integration of intelligence without any operational involvement
 UK ‘s Joint Terrorism Analysis Centre, which too plays a purely
coordinating role.
 But the Indian NCTC will have not only intelligence functions but
also powers to conduct operations, raids and arrests in any part
of India.

What is the problem with NCTC?


 NCTC was to start working from March 2012, but it couldnot be
launched due to opposition from a group of Non-Congress chief
ministers who say that NCTC is against the federal structure of
the country.
These Politicians say : “NCTC = Not a good idea Sir-ji”
Power to Arrest without informing State Government
 Non-Congress chief ministers allege that the NCTC has been
empowered to search and arrest people without informing the
state government, police or anti-terror squad in the loop.
 Take this scenario for example. A suspected terrorist is holed up
in a state. The officials of the NCTC would have the right to
enter into that state and pick him or her up without informing the
state machinery and deal with him under their laws.
 The role of the state becomes redundant with such powers and
states would have no say or role to play in the fight against
terrorism.
 This would have a bearing on the rights and privileges of the
states as enshrined in the Constitution.
 To curb this fear, Home Ministry had altered the rules. Now, the
senior most police officers in all states – the Director Generals of
Police and the chiefs of anti-terror squads of all states will be
members of the Standing Council of the NCTC. They will be
informed before the NCTC conducts an operation in their state.
 And Home Ministry had also assured the State Governments
that NCTC will now be able to carry out anti-terror operations
only in the rarest of rare cases.

Overlapping with NIA


 National Investigating Agency (NIA) was established after the
26/11 attacks.
 So, the establishment of a new NCTC would only add to the
bureaucratic tangle in intelligence sharing and counter terrorist
action.
 However, Chindu had assured that NIA is merely a predecessor
of NCTC. (so once NCTC comes into operation, the NIA will
function under it or will be submerged into NCTC)

Present Status of NCTC


 After Pranab become President, Chindu became Finance
Minister and thus Shinde became the Home Minister.
 But Shinde, in his first public speech, did not mention National
Counter Terrorism Centre (NCTC) or National Intelligence Grid
(NATGRID).
 That means, Home Ministry has put the idea in back-burner for
now. [May be too busy dozing the coal-scam fire]

[Polity] National Intelligence Grid (NATGRID): Meaning,


Use, Controversy

1. NATGRID
2. Concerns
3. Privacy and misuse
4. Wikileaks like situation

NATGRID
 26/11 attacks on Mumbai led to the exposure of several
weaknesses in India’s intelligence gathering and action
networks. So, Chindu came up with the idea of National
Intelligence Grid (NATGRID)
 NATGRID will integrate 21 categories of data from agencies like

1. Banks,
2. Railways and airlines,
3. Income tax department,
4. Credit card companies etc.
5. Visa and immigration
 This combined data will be made available to 11 central
agencies including the R&AW, the National Investigation
Agency, the CBI, the Directorate of Revenue Intelligence, the
Intelligence Bureau, the Narcotics Control Bureau and the
Enforcement Directorate to help them prevent terrorist attacks
and criminal activities.
 NATGRID Will become fully operational in 2013-14

P. Raghu Raman is heading NATGRID


Concerns
Diagram: How NATGRID will Work (Click To Enlarge)
Privacy and misuse
Some people are concerned about the protection of individual privacy
and misuse of information by law enforcement agencies. However,
The Government has tried to calm down the fears by assuring that

1. NATGRID is only the technical interface for intelligence agencies


and not an organization in itself. If the agency initiating the
inquiry is not authorized to get that information, it cannot get it.
2. NATGRID has strong information protection technology and
external audits
3. Security and intelligence agencies will not be able to use the
NATGRID system to access information for any purpose other
than that of countering terror.
4. NATGRID will not “store” any personal data, but only facilitate
transfer.
Wikileaks like situation

US Soldier Bradly Mannings had provided sensitive documents to


Julian Assange

 SIPRNET is a computer network connecting US Defense and


State Departments (similar to our NATGRID)
 One Soldier Bradly Mannins, accessed the SIPRNET, copied all
the US diplomatic documents and sent them to Wikileaks
founder Julian Assange.
 Similar fiasco could happen with India’s NATGRID.

[Polity] Ragging: Raghwan Committee report

1. What is Ragging?
2. 2007: Raghavan Committee
3. Raghavan Committee Report on Anti-Ragging
4. 2001: SC Order
5. 2009: Aman Kachroo Case
6. Laws made by State Governments
1. Himachal Pradesh
2. Haryana
7. 2009: UGC Regulation
8. Why Affidavit?
9. Mock Questions
10. GS Mains Paper I
11. Interview
What is Ragging?
 A damaging form of interaction of the seniors in college or
school with the juniors or the newcomers or the first years.
 It involves insults (simple or suggestive sexual, sarcastic and
even physical), running errands for seniors, and many other
complex activities.

2007: Raghavan Committee

R.K.Raghavan Committee on Anti-ragging

 Appointed Ministry of Human Resources Development (MHRD).


 Because Supreme Court had ordered the HRD ministry to do so.
 Raghavan is ex-CBI chief, he submitted the report in 2007. And
it said following things

Raghavan Committee Report on Anti-Ragging


1. Ragging and as an act of human right abuse.
2. Guidelines of Supreme Court Judgment 2001 not implemented
by colleges.
3. Requirement of ragging awareness not only to freshers, but all
stakeholders i.e. seniors, freshers, teachers and the civic society
at large.
4. Need for strong and uniform ragging law.
5. surprise checks and anonymous surveys) to offset the fear
associated with reporting ragging by victim.
6. Set up anti-ragging cells at central, state and college level
7. Setup of toll-free helpline for ragging victims
8. Strong law against ragging with responsibility to prove not-guilty
that of perpetrator
9. NCERT, SCERT school books to include chapter on ragging
10. Psychological counseling on anti-ragging and human rights
at senior secondary level
11. Colleges to organize interactive sessions between juniors
and seniors in presence of college staff.
12. A lot of ragging incident takes place outside the campus in
‘out of campus accommodation’, which is indeed true. Seniors
find it very easy to rag their juniors in these places and get away
with it very easily as college administration is not bothered of act
of ragging taking place with its students outside the college
premises. These hostels must be registered with the local police
and the management of these hostels and the college
administrations must be made responsible to protect the
freshers.
13. lack of co-curricular activities is also an important reason
for the increase of incidents of ragging.
14. various interactive programmes between the freshers and
seniors in the presence of college staff.
15. in many cases the college faculty are themselves in a way
encouraging ragging and dissuade their students from
registering a complaint. The committee therefore suggests of
setting up of anti-ragging monitoring cells at various levels so as
to provide checks and balances at each level
16. ragging should be considered an important factor in
accrediting the educational institution by central regulatory
bodies like the MCI, AICTE, DCI etc.
17. This would not only make the educational institutions to
take serious steps against ragging but would also make these
central regulatory bodies accountable.
18. exemplary punishment to the perpetrators of the crime so
as to deter the others.

2001: SC Order
 In 2001, Supreme Court of India passed an order that once a
student complaints about ragging, it is the responsibility of the
college to lodge the FIR with Police.

2009: Aman Kachroo Case


 In 2009, Aman Kachroo, a first year student of Medical College
in Himachal Pradesh was beaten to death by drunk third-year
students.
 They were held guilty under culpable homicide not tantamount to
murder under section 304 of Indian Penal code.
 Those criminals were given only four-year imprisonment and in
2012, on the account of good behavior they were released from
the Jail 7 months before the completion of their term.

Laws made by State Governments


Himachal Pradesh
 Students involved in ragging would not only be expelled and be
ineligible for admission to any other institution for three years,
but may also be jailed and fined Rs 50,000.

Haryana
 principals of schools and colleges and V-Cs of universities shall
be punishable upto six months in jail and fines upto Rs 25000 for
not complying with anti-ragging measures.
 hefty fines against institutions – Rs two lakh in case of schools
and colleges and Rs five lakh in case of universities.

2009: UGC Regulation


 After the hue and cry over Aman Kachroo’s death in the Media,
finally University Grants Commission (UGC) woke up (ya as
usual our institutions will not do any reform until and unless
something terrible happens)
 Anyways, the UGC passed a Regulation On Curbing The
Menace Of Ragging In Higher Educational Institutions which
says following things:

1. Provide Telephone numbers of the Anti-Ragging Helpline.


2. Anti-Ragging Committees and Anti-Ragging Squads etc. to be
published in brochure of admission/instruction booklet or the
prospectus.
3. Every student and his/her parents to file an affidavit avowing
not to indulge in ragging.
4. The institution to prominently display posters detailing laws and
punishment against ragging.
5. Anti-ragging squad to ensure vigil at odd hours during first few
months at hostels.
6. Identity of informants of ragging incidents to be fully protected.
7. Faculty members assigned to students to make surprise visits
and to maintain a diary of his/her interaction with the freshers.
8. Freshers to be lodged, as far as may be, in a separate hostel
block.
9. College administration must file the First Information Report
(FIR) within twenty four hours of receipt of such information.

Why Affidavit?
 The UGC regulation says Every student and his/her parents to
file an affidavit avowing not to indulge in ragging.
 So what’s the point in filling such ‘affidavit’?
 Well, one of the strongest reasons for ragging to happen is that
the raggers are dead sure that parents would never ever get to
know their heinous acts.
 The affidavit filed by parents to the institution has the name,
address and telephone numbers of the parents of the senior
students.
 A fresher can file RTI applications, even without disclosing
identity by using a friend’s help and name, to get a copy of this
affidavit, and then call/ write himself or make his parents talk to
ragger’s parents to rein in him.

To sum up,

 Once freshers take courage and start doing that, it is a general


feeling that ragging may drastically reduce in India, as every
student will become a soldier in the fight against ragging.

 For more on anti-ragging campaign, visit Coalition to Uproot


Ragging from Education (CURE): www.noragging.com

Mock Questions
GS Mains Paper I
1. Write a short note on Raghavan Committee’s report on Ragging
(12 marks)
2. What’re the steps taken by UGC, to curb the menace of ragging
in India (12 marks)

Interview
1. Have you heard about Aman Kachroo case?
2. What do you know about Anti-ragging measures in colleges? Do
you think they’re sufficient?
3. What measures would you suggest to stop ragging in colleges?

[Polity] Surrogate Mothers: Meaning, Arguments in favor


and against, legal framework in India

1. What is Surrogate reproduction?


2. What is the problem in Surrogacy?
3. What is Assisted Reproductive Technology (Regulation) Bill,
2010?
4. Arguments for Essay/ Group discussion (GD)
5. Anti-Surrogacy
6. Pro-Surrogacy Arguments

What is Surrogate reproduction?


 Husband has healthy sperms and Wife has healthy eggs
 but Wife cannot carry a baby to its full term. For example, Aamir
Khan’s wife Kiran Rao suffered a miscarriage earlier and had
uterine medical problems so the couple opted for surrogacy.
 In surrogacy: Wife’s egg is fertilized with husband’s sperm
through in-vitro fertilization (IVF) and an embryo is created. (In
Vitro=outside body. In-vivo=inside body.)
 This embryo is implanted in the womb of a “surrogate mother”,
she will carry It for nine months and deliver the baby.
 Baby thus produced, will have genetic make-up of the husband
and wife (and not that of surrogate mother.)
 The cost for a surrogate and the entire procedure in India is one-
third that in North America or Europe, which makes India the
favourite destination of the reproductive tourist industry.
 Besides, Surrogacy is banned in France, Germany, Italy, Spain,
Japan and Switzerland.
 Commercial surrogacy is banned in New York and several other
states in America, the UK, Canada, South Africa and Australia.
These countries allow what is called altruistic surrogacy. (i.e.
cannot be done for money)

What is the problem in Surrogacy?


 Indian surrogate mothers are mainly from poor backgrounds or
driven by circumstances, including unemployment, domestic
distress, etc,
 They offer their wombs on commercial terms.
 Once the baby is born and delivered, the surrogate mother is
forgotten, the implications on her health and mind are of no
concern.
 It is not the health and well-being of the surrogate, but the safe
delivery of the baby that is of prime concern.
 Recently, a surrogate mother in Ahmedabad died because of
medical complication.
 At present, in India, there is no separate law to regulate the Egg
donation and surrogacy clinics. There are regulated by Indian
Council of Medical Research (ICMR) guidelines. There is no
centralized database of surrogate clinics or surrogate mothers.
 Problems may arise if something goes wrong, for example baby
is born with some defects and the ‘biological parents’ refuse to
accept him/her, then Who is legally required to keep the child?
Who is the mother? Who is the father? What rights does each
possess, including future property disputes? There must a law to
clearly provide the answers.

What is Assisted Reproductive Technology (Regulation) Bill,


2010?
 This bill aims to cover the assisted reproduction clinics, gamete
banks and surrogacy.
 It details the rights and duties of all the parties involved in
surrogacy and other assisted reproductive technologies.
 It provides for advisory and regulatory bodies at central and
state levels.
 Regulators will be able to receive and evaluate complaints and
pass them on to a magistrate for trial, if necessary.
 But it is still a “bill” and not a “law”.
Arguments for Essay/ Group discussion (GD)
Anti-Surrogacy
1. Because of (relatively) cheap Surrogacy in India, less orphans
are getting adopted by well to do families abroad.
2. Isn't it self-indulgent to demand a "copy" of oneself, when so
many orphans stand in need of loving homes?
3. The physical stress, risks, emotional and physical trauma to the
surrogate mother, and then the abrupt separation from the baby
carried in the womb for nine months are immaterial.
4. (pro) Surrogate mother is asserting her independent agency to
make choices to better her life and those of her family. (anti) But
what does “choice” mean when she did not choose to be poor,
she did not choose to be unemployed, she did not choose to live
in a country where children die of starvation?
5. It is inhumane to use a woman’s social and economic
vulnerability to commercially exploit her womb as a commodity
to make handsome profits.
6. The use of surrogacy, especially the wide use, might lead to a
cheapening of our idea of what it is to be a person, to a decline
in self-respect. It might cause future generations, for example, to
think of the human embryo or fetus as interchangeable parts,
reproduction as a mechanical process, wombs as organs for
rent, etc. The implication is that thinking of ourselves in this
fashion would bring serious negative consequences – the
“designer baby syndrome” for example, pick DNA of Sachin for
Stamina, DNA of Bacchan for Height, Hrithik Roshan for white
skin and thus assemble an embryo like assembling a mobile
phone or computer.

Pro-Surrogacy Arguments
1. Surrogate mother is asserting her independent agency to make
choices to better her life and those of her family
2. The argument given that less orphans are getting adopted- well
there is no reason why the infertile couple should have a special
duty to adopt needy children; those with their "own" could also
adopt others If their financial situation permits.
3. If Government makes a law to ban surrogacy in India, then
market will go underground and the surrogate mothers would be
exploited even further, because they cannot approach the law
enforcement agencies. So, surrogacy should not be banned, it
should be regulated.

You are welcome to add more ‘pro’ and ‘anti’ arguments in the
comments.
For earlier articles on Polity, visit mrunal.org/polity
Ref

1. http://moses.creighton.edu/csrs/news/S92-1.html
2. http://www.indianexpress.com/news/everyone-forgets-the-
surrogate/975372/0

Polity] Assam Riots and Bodo Accord : History, Reasons,


Problems, Solutions

1. What is Bodoland Territorial Council ?


2. Timeline of Events
3. How did the Kokrajhar riots start?
4. Delay in Army Deployment: Bureaucratic Red Tape at its worst
5. Why resentment in the communities?
6. What’s the problem in Bodo Accord?
7. What is the solution?

What is Bodoland Territorial Council ?


 2003: Bodo militants lay down the arms and want to join
mainstream. They sign agreement with Government, known as
“Bodo Accord”.
 A Bodoland Territorial Council (BTC) was established under
this Bodo Accord.
 And Bodoland Territorial Areas District (BTAD) was created
under the sixth schedule of the Constitution of India, as part
of this accord to look after the Administrative and Development
needs of these Bodo dominated areas.
 Bodoland Territorial Areas District (BTAD) covers 4 districts of
Assam:

1. Kokrajhar,
2. Baksa,
3. Chirang and
4. Udalguri. (Total 35% area of Assam.)

Timeline of Events
 Bodos started demanding autonomy, varying from
1960s separate statehood to outright sovereign status.

1980s  militant Bodo movement peaked during this period


and 90s  largescale killings and human displacement.

 the signing of the Bodo Territorial Council (BTC)


Accord between
 Militant Bodo Liberation Tigers (BLT) led by
leadership of Hagrama Mohilary on one side .
 And Centre and the state government on the other
2003 side.
 Under this accord, Bodo Liberation Tigers
surrerended their weapons, and Hagrama was made
the Chief Executive Member (CEM) of the Bodo
Territorial council. (BTC)

How did the Kokrajhar riots start?


 Kokrajhar is a city in assam. [Name of its district is also
Kokrajhar].
 It is the seat of administration of the Bodo Territorial Council.
 Since past few months, The minority student unions and non-
Bodo tribes began pressing their demand for greater
representation in the Bodoland Territorial Council (BTC).
 On July 6, two Muslim youths were shot at and the suspicion fell
on the Bodos.
 Nearly a fortnight later a former cadre of the Bodoland Liberation
Tigers (BLT), and three of his friends were killed, which triggered
full-scale rioting and displacement of thousands.

Delay in Army Deployment: Bureaucratic Red Tape at its


worst
 Section 130 of the Criminal Procedure Code (CrPC) empowers
an executive magistrate [e.g. District collector, Deputy Collector,
SDM] to seek army troops to contain riots.
 But the request for army deployment to tackle riots has to be
routed through the Defence Ministry.
 The Kokrajhar district administration had requested for army
deployment on July 20 and the army was deployed only on
July 25 because the local army commanders did not accept the
requests saying they need an order from the Ministry of
Defence, after which Assam Chief Secretary had to approach
Defence Secretary.
 Otherwise, Army troops could have reached the trouble spots
within three to four hours as two major army stations, including a
full Mountain Division, are located within a distance of 150 kms
from Kokrajhar.
 Assam Chief Minister Tarun Gogoi had said that the army
presence from day one would have prevented the
“unprecedented crisis” and loss of so many lives.
 At least 57 people were killed in the violence which rendered
5.02 lakh people homeless during the week-long mayhem.
 Now, the Home Ministry has asked the Defence Ministry to
amend its Standard Operating Procedure (SOP) so that the
army can be deployed the moment such a request comes from
the civil administration.

Why resentment?
 The Bodos, constitute the largest tribal community
out of a total of 34 tribal communities in Assam.
 They feel they have been neglected, exploited and
discriminated against for decades, look at this
accord as a historic opportunity to fulfil their
Bodos longstanding demands
 But due to the changing demographics of the
BTAD and the consequent land alienation, they
fear they may become a minority in their own state
and in hitherto Bodo-dominated areas.

Non Bodos  They resents the fact that Bodos constitute a


and meagre 25 per cent of the total population in the
Muslims BTC area and believe that Bodos should not be
given the right to rule over the other three-fourths.
 number of villages with minority Bodo population
were included in the BTAD to make it a contiguous
area.
 The non-Bodos want such villages to be taken out
of BTAD so that they do not feel insecure where
they are clearly in the majority.

What’s the problem in Bodo Accord?


 The Bodo Accord, seeks to protect the land rights of the
indigenous Bodos while allowing settler Muslims (both legal and
illegal) to freely acquire land at the same time.
 The Bangladeshi migrants easily sneak in the area, illegally
procure relevant documents like ration cards to establish Indian
nationality.
 Taking advantage of the provisions in the BTC Act, such
migrants are freely procuring land in the BTAD, which only adds
to the woes of indigenous Bodos.
 Both sides are demanding the review / revocation of BTC act
because on one hand, Bodos feel their rights are not protected
and on the other hand, Non-bodos feel that Bodos are getting
way too many benefits.

What is the solution?


Clashes between Bodos and Non-Bodos are nothing new in the
Kokrajhar area.
Earlier 1993, 1994, 1996 and as recently as 2008, there have been
large scale clashes.
Each of them, because of following three reasons:

1. Population pressures
2. land rights
3. illegal migration and occupation

 Unless and until Governments (both union and state), take


proactive actions on those three problems, such incidents might
keep recurring.
 Some measures: National Population Register, Adhar / similar
biometric cards.

[Polity] Gorkha Territorial Administration (GTA): Origin,


Difference from Darjeeling Gorkha Hill Council (DGHC)

1. What is Gorkha Territorial Administration (GTA)?


2. Timeline of Events
3. Difference between DGHC vs GTA?

What is Gorkha Territorial Administration (GTA)?


 a semi-autonomous administrative body for the Darjeeling hills in
West Bengal, India.
 GTA will have administrative, executive and financial powers
but no legislative powers. [important fact for CSAT]

Timeline of Events

Subhah Ghising, chief of the Gorkha National Liberation Front


1980s (GNLF), started a movement, demanding a separate state for
the Gorkhas living in Darjeeling.

1988 Darjeeling Gorkha Hill Council (DGHC) was setup.

1988 to Subhas Ghising remained its chairman for three successive


2005 terms.

The fourth DGHC elections were due in 2005 but the


2005 government decided not to hold elections and instead made
Ghising the sole caretaker administrator of the DGHC.

Bimal Gurung, a close aide of Ghising, broke away and formed a


2007
new political party called the Gorkha Janmukti Morcha (GJM).

Mar-08 Ghising was forced to resign as caretaker of the DGHC.


Mamata Banerjee became CM of Bengal. The GJM signed a
tripartite agreement with her government and the Central
2011
government in July 2011, for the formation of the Gorkha
Territorial Administration (GTA) in the Darjeeling hills.

Jul- Elections to the GTA were held and the Gorkha Janmukti
2012 Morcha won unopposed.

Difference between DGHC vs GTA?

Darjeeling Gorkha Hill Council Gorkha Territorial Administration


(DGHC) (GTA)

GTA has 45 seats and five


The DGHC had 28 seats.
nominated members.

DGHC started with 19 GTA will start with 54 departments


departments in 1988 along with 14 executive members.

power has been decentralised and


Power in the DGHC was
there will be a chairman and chief
centralised and rested with
executive who will run the GTA
Subhas Ghising who was the
along with other executive
chief of the DGHC.
members.

DGHC did not have the power GTA can have its own budget and
to prepare the budget for its can allocate funds to various
departments. It would receive departments.
funds as part of the state
government’s budget.

DGHC was given an annual GTA will receive a grant of Rs 200


grant of Rs 22 crore by the crore every year for the next three
Central government years.

DGHC did not have the power


to create posts of Group C and GTA will have the power to create
Group D and it could not Group D staff.
generate employment.

GTA has the power to prepare its


DGHC did not have the power regulations and send them to the
to amend any rule. state government as
recommendation.

[Polity] Inter linking of Rivers in India : Benefits,


Problems, China dispute etc.

1. What is the inter-linking river project?


2. History
3. States : Favour and Oppose
4. What’re the benefits?
5. What is the cost?
6. Ken-Betwa river link
7. Constitutional Provisions: “Water”
8. What is the problem?
9. What is Convention on the Law of the Non-Navigational Uses of
International Watercourses (CLNNUIW)?
10. Indo China Water Disputes?
11. World Bank report on India’s Water Policy
12. What’s the solution?

What is the inter-linking river project?


 It aims to Transfer water from surplus to water deficit areas in
the country.
 Inter-Linking River Program will help saving the people living in
drought-prone zones from hunger and people living in flood-
prone areas from the destruction caused by floods”.

History
 During the British raj, an Engineer Sir Arthur Cotton had
sought to link the Ganga and the Cauvery to improve
connectivity for navigation purposes
 but due to the increased railway connectivity among the areas,
the idea was shelved.
 In 1982, the National Water Development Agency (NWDA) was
formed as an autonomous body entrusted with the task to carry
out the water balance and feasibility studies of the river linking
program.
 In Feb 2012, Supreme Court, gave its go-ahead to the
interlinking of rivers and asked the government to ensure that
the project is implemented expeditiously.

States : Favour and Oppose

State Reason

In Favour =Tamil  no major river originates in the state; it is


Nadu. dependent on inter-state rivers.

Assam, Sikkim  they want exclusive right to use their water


resources and that such transfers should
and Kerala
oppose the idea not affect any rights of these states.

 Due to reluctance of certain states, the Centre has not been


allowed to undertake detailed surveys.
What’re the benefits?
 Irrigating 35 million hectares;
 Enabling full use of existing irrigation projects;
 Generating power to the tune of 34,000 mw with added benefits,
including flood control.

What is the cost?


 Cost of the project was estimated at 5,60,000 crore;
 the true cost can known only when the detailed project reports of
the 30 river link projects are drawn up
 So far only Ken-Betwa project is under survey.

Ken-Betwa river link


 It is the only project for which the detailed project report has
been prepared,
 In 2005, MoU was signed between Union Water ministry, CMs of
MP and UP.
 Approximately 8,650 ha of forestland in Madhya Pradesh is
likely to be submerged for the project; and part of that forestland
is a part of the Panna National Park

Constitutional Provisions: “Water”


 Subject “water” is placed in the Constitution in Entry 17 of List II
(State List) of Schedule VII.
 However, the caveat is Entry 56 of List I (Union List), which
says, “Regulations and development of inter-state rivers and
river valleys to the extent to which such regulation and
development under the control of the Union is declared by
Parliament by law to be expedient in the public interest.”

What is the problem?


 Unfortunately, the Centre has made little use of the powers
vested in it vide Entry 56 of List I.
 The result is that by virtue of Article 246 read with Entry 17, List
II, states have exclusive jurisdiction over waters that are located
within their territories, including inter-state rivers and river
valleys.
 It is arguably this status of water in the Constitution that
constrains the highest in the executive and the judiciary, despite
their pronouncements on and commitment to resolving the
problem.
 It has also stopped the Centre from establishing allocation rules
and clearly defined water rights among states that have
unending disputes over the sharing of inter-state water
resources.
 The latest example is the second Krishna Water Disputes
Tribunal, which has turned into a warzone, with a battery of
lawyers, technical staff and irrigation department officials from
Maharashtra, Karnataka and Andhra Pradesh fighting to win the
maximum allocation of the Krishna river for their respective
state.

What is CLNNUIW)?
 Convention on the Law of the Non-Navigational Uses of
International Watercourses : it is
a document adopted by the UN on May 21, 1997, pertaining to
the use and conservation of all waters that cross international
boundaries, including surface and ground water.
 Unfortunately, the convention is not yet ratified.
 Alongside the US, China, Canada and Australia, India is among
the major opponents of the CLNNUIW.

Indo China Water Disputes?


 China has several projects in west-central Tibet that may reduce
the river water flow into India+Bangladesh.
 There are reports that China is planning to divert 200 billion
cubic metres (BCM) of the Brahmaputra from south to north to
feed the Yellow River.
 If this is true, India will face a severe crisis once the Chinese
projects are completed.
 Many of the hydel projects in the Northeast India may have to be
shelved.
 Of the 1,900 BCM of river runoff available in the country, about
600 BCM is generated in the Brahmaputra, one can imagine
what would happen if the bulk of this is diverted by China.

World Bank report on India’s Water Policy


It says:

 India is faced with poor water supply services, farmers and


urban dwellers alike have resorted to helping themselves by
pumping out ground water through tube-wells.
 it has led to rapidly declining water tables and critically depleted
aquifers, and is no longer sustainable (at many places).
 government actions — including the provision of highly
subsidised or even free power — have exacerbated rather than
addressed the problem
 India is getting seriously water-stressed; and we need to act
fast. Water has to be treated not as a local resource, but a
global resource.

What’s the solution?


 We need to see if a change in its constitutional status is required
 We also need to enhance our water-storage capacity, as we
suffer the most from the vagaries of the monsoon.
 river-linking project, alongside a chain of water-conservation
projects, would offer a solution.

Ref

1. http://www.indianexpress.com/news/status-of-water/982120/
2. www.downtoearth.org.in/content/supreme-court-go-ahead-
interlinking-rivers

[Polity] Right to bear guns under Article 21: India vs USA


the “Freedom”

1. Right to bear arms [weapons] (in India)


2. Arms before the British Era
3. Arms during British Raj
4. Why is right to bear arms Necessary?
5. Article 21
6. Rights inferred from Article 21
7. Why India should make a liberal gun law?
8. Licensed weapons will not increase crime
9. Anti-Arguments: USA gun laws

Earlier, we talked about freedom of speech and expression, now


continuing the discussion on freedom and liberty, here is some fodder
for Essay and Group discussion.

Right to bear arms [weapons] (in India)


 1931, in Karachi, the Indian National Congress passed the
resolution on Fundamental Rights, among them, was the right to
bear arms. It said “Every citizen has the right to keep and bear
arms in accordance with regulations and reservations made in
that behalf.”
 But, Due to the circumstances under which India gained
independence and the prevailing volatile conditions (rioting after
partition), it was decided not to include the right to keep and
bear arms as a fundamental right but to instead recognize it as a
legal right of every citizen, but a citizen's right all the same.

Justice Katju (present chairman of Press Council of India) had written


following, in a judgement

Arms before the British Era


 Before the British came to India the situation in our country was
that in almost every house there were some arms. Possession
of arms was regarded as a sign of dignity and self-respect. Even
today in our country in many communities on Dussehra day
arms are worshipped, which is symbolic of the respect given to
arms in earlier times.
 The Mahabharat, which is the longest and greatest of the epics
of the whole world, is full of the use of arms. Thus, Arjun goes to
Divya-Lok to get arms from the gods (which he subsequently
used in the Mahabharat War). Thus, in our culture the value of
arms for leading a life of self-respect and dignity has been
accepted.

Arms during British Raj


 When the British came to India they had to face armed
resistance from the feudal kings. Due to their technological and
organizational superiority they gradually overcome this
resistance and spread their rule in India. It was only after putting
down the Mutiny of 1857 that the British decided to disarm the
Indian people.
 Having been shocked by the sudden, widespread uprising
against them they decided that to avoid such revolts in future
they must (1) disarm the Indian people (2) divide the Indian
people. This policy was implemented so effectively that upto
1947 there was hardly any significant militant uprising against
them.
 first comprehensive arms Legislation in India was Act 28 of 1857
 This Act was a temporary measure and it only regulated the
import, manufacture, sale, possession and use of arms for two
years.
 It was passed when the Mutiny was still going on and it was a
hurriedly drafted law with the obvious aim of seeking to put down
the revolt.
 The Indian Arms Act, 1878, was intended to disarm the entire
nation. Even after independence, the law declaring 'swords
daggers, spears, spear-heads, bow and arrows' as 'arms' has
been allowed to continue unaltered on the statute book.

Why is right to bear arms Necessary?

With a gun, anyone can become a “Singham”

 The rigours of the Arms Act and Rules thereunder continue to


make it difficult for law abiding citizens to possess firearms for
self-defence whereas terrorists, dacoit-gangs and other anti-
social or anti-national elements are using not only civilian
weapons but also bombs, handgrenades, Bren-guns, Sten-guns,
303 bore service rifles and revolvers of military type, for
perpetrating heinous crimes against society and the State!
 The position in our country today is that unfortunately the law
and order enforcing authorities are not providing adequate
protection to the citizens.
 The result is that the decent, respectable and law abiding
citizens are defenceless if a gangster or criminal enters their
house with a weapon, or accosts them elsewhere.
 If such criminal enters one's house with a weapon he can loot
the entire property there, dishonour the women and do as he
pleases because an unarmed person cannot be reasonably
expected to put up resistance against a person carrying a gun or
revolver.
 If, on the other hand, a person has a revolver or pistol with him
he can put up resistance against such criminals.
 Mafia type gangs have established a reign of terror in many
cities and violence, kidnapping and extortion are rampant. Some
parts of the country are terrorist infested and even in other parts
hoodlums with country made weapons are on the rampage!
Peaceful and law abiding citizens are often afraid to stir out of
their houses after dark or to go to certain places.
 When we interpret an Act we must take into consideration the
existing social conditions and we cannot interpret it in a hyper-
technical or highly abstract manner which has no connection
with the existing social reality.

Article 21
 Article 21 states "No person shall be deprived of his life or
personal liberty except according to procedure established by
law".
 In my opinion the right to bear arms is embedded in Article 21 of
the Constitution and hence it is a fundamental right.
 No doubt this right, like all fundamental rights, is subject to
reasonable restrictions, but the reasonability of the restriction
must be judged from the point of view of the prevailing social
conditions and not in the abstract Hence what may have been
reasonable earlier may no longer be reasonable today.

Rights inferred from Article 21


 Maneka Gandhi v. Union of India and in a series of subsequent
decisions the Supreme Court has spectacularly widened the
scope of Article 21 (and also Article 14) and it is now settled that

1. Though Article 21 is couched in negative language, it confers


positive rights to life and liberty
2. The word 'life' in Article 21 means a life of dignity as a civilised
human being and not just animal survival
3. procedure for depriving a person of his life or liberty must be
reasonable, fair and just

Thus Article 21 includes within its scope:

1. The right to free education upto the age of 14 years


2. The right to livelihood
3. The right to speedy trial
4. The right to bail without economic restrictions
5. The right to free legal aid to the poor
6. The right to human treatment in prison
7. The right not to be handcuffed, fettered, or put in solitary
confinement
8. The right to live with dignity
9. The right against custodial violence
10. The right to shelter
11. The right against unauthorised intrusion into the home
12. The right of effective appeal

Why India should make a liberal gun law?

When Everyone is holding a gun, Everyone behaves in a civilized


manner!

 In the U. S. Constitution there is a specific provision stating that


citizens have the right to bear arms.
 There is no similar specific provision in the Indian Constitution.
 In these day when law and order has broken down it is only an
armed man who can lead a life of dignity and self-respect. No
criminal or gangster can dare to assault or threaten such a
person for fear of retaliation. Since the word 'Life' in Article 21
has been held by the Supreme Court to mean a life of dignity (as
discussed above), the right to carry non-prohibited fire-arms
must be deemed to be included in Article 21.

Licensed weapons will not increase crime


 In my opinion liberal grant of arms licences will reduce crimes
and not increase them (as some people imagine). The criminal
will be afraid to at lack law abiding citizens if the latter are
armed.
 In this connection, I may mention that in the second World War
when Germany was about to attack Britain, the British Prime
Minister Winston Churchill in one of his famous speeches said to
the British people "Arm yourselves and be the men of
valour".
 In other words, Churchill recognized the reality that an unarmed
person cannot reasonably be expected to be valourous
when confronted with an armed criminal!
 Some people apprehend that if there is liberal grant of armed
licences arms will be passed on by the licensees to dacoits and
other anti-social elements.
 This again is an unfounded apprehension. The criminal already
have firearms today (whether licensed or unlicensed). It is the
decent, law abiding people who need arms to protect
themselves.
 I am taking is a practical view for another reasons. If a person
wishes to commit a crime with a weapon he will ordinarily use an
unlicensed weapon.
 This is because when shots are fired the chances are that the
spent cartridge (or cartridges) will fall on the ground and this can
be recovered by the police and by nothing the markings on the
spent cartridge the particular weapon from which the bullet was
fired can be traced out
 Hence when a person wishes to commit a crime he will in all
likelihood use an unlicensed weapon because there are less
chances of this being detected and apprehended.

Please note: These are not my views, I have merely copy pasted
Justice Katju’s judgement.
Now coming to the
Anti-Arguments: USA gun laws
From Indian Express article
The Second Amendment of the US Constitution states, simply:
“A well regulated militia, being necessary to the security of a free
state, the right of the people to keep and bear arms, shall not be
infringed.”

 This is a terrible sentence. The best English teachers have not


been able to parse it, and the US Supreme Court has not been
able to clarify it. In the US, some people argue that the Second
Amendment means that all people are allowed to carry all types
of weapons at all times.
 They argue that people in rural areas should be allowed to use
guns to hunt game.
 In the US, hunting game is a long and historic tradition. Many
families teach their sons, and increasingly their daughters, to kill
game with a clean shot, during the state-proscribed hunting
season, and then to prepare the carcass as food.
 In the inner cities of America, guns are not used for food; they
are used to kill people.
 The Colorado massacre (2012) in which, during a midnight
screening of the film The Dark Knight Rises A gunman, dressed
in body armor, set off tear gas grenades and shot into the
audience with multiple firearms, killing 12 people and injuring 58
others.
 It highlights the culture of the US in a very simple way.
Individuals sometimes do odd things (like mass slaughter), but
that is simply the cost of “freedom.”
 US culture is deeply obsessed with making guns available to all,
while making sure that very few have access to mental
healthcare.
 And already I am beginning to hear the new narrative: if
everyone had been armed, there wouldn’t have been such a
tragedy; a good guy would have shot the bad guy, problem
solved. So, we wait, until the next “inexplicable” mass tragedy.
 But in the US, guns are political weapons. President Barack
Obama offered words of comfort to the nation last week for the
Colorado Massacre, but without raising the sticky issue of gun
control. Reason? Heavy lobbying and Political funding by
National Rifle Association, makes it difficult for any politician of
US, to pass strict gun laws.

[Polity] Constitutional Provisions for Scheduled Tribes


(rights issue for CSAT)

Topic is important for CSAT Paper I (rights issue) and for GS (Mains)
Paper I (Polity).

1. Article 15(4): Promotion of Social, Economic and Educational


interests
2. Article 19(5): Safeguard of Tribal Interests
3. Article 23: Human Trafficking
4. Article 29: Cultural and Educational Rights
5. Article 164
6. Articles 330, 332 and 334
7. Article 335
8. Article 338
9. Article 339(1)
10. Article 371(A, B, C)

Constitutional Provisions / Safeguards for Scheduled Tribes, can be


divided into two parts

1. Protective
2. Developmental.

( you read the following provisions and classify them into above
segments by yourself)

Article 15(4): Promotion of Social, Economic and Educational


interests

 This article empowers "the state to make any special provision


for the advancement of socially and educationally backward
classes of citizens or for the Scheduled Castes and Scheduled
Tribes".
 This clause has been especially incorporated to prevent any
special provision made by a state for the advancement of
socially or educationally backward classes of citizens from
being challenged in the law courts on the ground of
discrimination.

Article 19(5): Safeguard of Tribal Interests

 While the rights of free movement and residence throughout


the territory of India and of acquisition and disposition of
property are guaranteed to every citizen, special restrictions
may be imposed by "the state for the protection of the interests
of any Scheduled Tribe ".
 (For example state may impose restrictions on owning
property by non tribals in tribal areas.)

Article 23: Human Trafficking


'Traffic in human beings, begar and other similar forms of forced
labour are prohibited". This is a very significant provision so far as
Scheduled Tribes are concerned.

Article 29: Cultural and Educational Rights


According to this article a cultural or linguistic minority has right to
conserve its language or culture. 'The state shall not impose upon it
any culture other than the community's own culture."

Article 164
 It provides for a Minister-in-charge of tribal welfare in the states
of MP, Chattisgarh,Orissa and Jharkhand.*
 These states have substantial tribal population and special
provision of a Minister looking after tribal welfare is an evidence
of the concern of the framers of the constitution for safeguarding
the interests of Scheduled Tribes.

*Correction by our good friend Syed Waseem Pasha


Earlier it was mp, orissa amd bihar (MOB) but the new list is mp,
chattisgarh(after 2000), orissa & jharkhand(after 2000) bihar removed
Articles 330, 332 and 334

 According to these articles seats shall be reserved for


Scheduled Castes and Scheduled Tribes in legislative bodies.
There are provisions for reservations of seats in the parliament
as well as legislative Assembly of every state (Article
330,332).
 Such reservations were cease to be effective after a period of
10 years from the commencement of the constitution (Article
334) but after every ten years its being extended through
constitutional amendments.

Article 335
 The claims of the members of the Scheduled Castes and
Scheduled Tribes shall be taken into consideration in making the
appointments to services and posts in connection with the affairs
of the Union or of a State.

Article 338
 It says that there shall be a special officer for the Scheduled
Castes and Scheduled Tribes to be appointed by the President.
 National Commission for Scheduled Tribes, has been
established under 338A.

Article 339(1)
 The President may at any time and shall at the expiration of 10
years from the commencement of the constitution by order
appoint a Commission to report on the administration of
Scheduled areas and the welfare of the Scheduled Tribes in the
states.

Article 371(A, B, C)

 Provides for the special measures and


provisions with respect to the states of
Maharashtra and Gujarat (371),
Nagaland (371 A), Assam (371 B) , and
Manipur (371 C).
 Besides, provisions are also made in the
fifth and the sixth Schedule of the
constitution regarding the administration
of the tribal areas. [5th and 6th Schedules
are lucidly explained in M.Laxmikanth’s
Book on Indian Polity]

[Polity] Freedom of Speech for SMS, NGOs, Pirates and


John Doe

1. SMS =Protected under Art 19


2. NGO ‘Foreign Agents’ Law (Russia)
3. Middleman in Piracy (US/UK)
4. John Doe: How Kolaveri Di got SC’s Website hacked?
5. Important topics of GS Paper II

Three news items on Freedom of Expression.

SMS =Protected under Art 19


Timeline of Events 200 SMS

 September 2011: Telecom Regulatory Authority of India (TRAI)


ordered the Mobile companies, to set a cap of 100 SMSs per
day per users. This was done to curb the SMS-spamming (like
those MBA college admission and car loans.) Technical word for
Spam-SMS= UCCs (unsolicited commercial communication)
 November 2011: TRAI had raised the SMS limit upto 200 from
the earlier limit of 100 SMS per day.
 July 2012: Delhi HC, ordered the TRAI to lift this 200 SMS / day
restriction.

Observations of Delhi HC:

1. blanket cap on the number of SMSes imposed by the Telecom


Regulatory Authority of India was violative of the constitutional
provision and could not qualify as a “reasonable restriction” on
one’s freedom of speech and expression.
2. TRAI made these Regulations for curbing the menace of
commercial calls and SMSes. However, when the final
regulation came… it not only put an embargo on maximum voice
calls/SMSes that can be seen for commercial purposes, but all
categories of SMSes!
3. TRAI was not reasonable in “painting with the same brush”
SMSes meant for commercial advertisements and those sent
with the objective of propagation of ideas, social, political or
economic. (lolz, sending SMS jokes about Sonia/Mohan is also
one way of propogating such noble ideas)
4. it offends the fundamental rights of the mobile users enshrined
under Article 19(1)(a) of the Constitution. (freedom of speech
and expression)

NGO ‘Foreign Agents’ Law (Russia)


 In July 2012, Russia's Lok Sabha (Duma), passed a bill forcing
jholachhap NGOs engaged in political activity with foreign
financing to be classed as "foreign agents."
 Under the new legislation, NGOs would have to publish a
biannual report on their activities and carry out an annual
financial audit. Failure to comply with the law could result in four-
year jail sentences and/or fines of up to 300,000 rubles ($9,200).
 Non-profit organizations which fall under the law’s jurisdiction,
will be put on the “foreign agents” list what means that an NGO
will be required to put a foreign agent label on all printed
materials it publishes, including media materials.
 In addition an NGO will need to inform the Justice Ministry about
any foreign funding transactions greater than 200,000 rubles
(about $7,000), it may receive, according to the amendments
into the Law against Money Laundering and Terrorism Funding.

Apart from this, Russian Government is also in the process of passing


two more laws to clamp the freedom of Expression

 Internet Blacklist Bill for creation of a federal agency to rule on


which websites should be closed down.
 Criminal Defamation Bill: carry fines of up to five million rubles
($170,000) for misinformation damaging a person's reputation.
(People fear, it'll be misused to silence the critiques of President
Putin by charging them under this law.)

Middleman in Piracy (US/UK)


 Richard O’Dwyer, a student from England, started a website that
helped visitors find pirated American movies and television
shows online.
 Right now the Obama administration is seeking to extradite
O’Dwyer from Britain on criminal charges of copyright
infringement. America’s arguments:
 O’Dwyer’s website “TVShack.net” made about $230,000 from
advertising over the course of two years.
 Although O'Dwyer's own site did not serve up pirated content,
but it provided links to other piracy sites that did, and his site
made more than 2 lakh dollars in advertizement Revenue alone.
So, he is a middleman who himself didnot serve the pirated
content but a fair amount of money by pointing people to pirated
content.
 O’Dwyer’s argument : my website only listed the links to videos
hosted on other pirated websites, and google search engine also
does the same!
 The possible punishment: 10 years in a United States prison.

John Doe: How Kolaveri Di got SC’s Website hacked?


 makers of the Tamil movie "3" (Dhanush of "Kolaveri D" fame),
went to Madras High Court, to prevent the spreading of their
movie's pirated copy.
 The Court passed a John Doe order, telling the Department of
Telecom to direct all the Internet Service Providers (ISP) to
block pirate-sites like Piratebay, Vimeo, Dailymotion and
Pastebin.
 "John Doe" order = Ex parte injunctions =injunctions that are
granted even without hearing the other party. (in this case,
Piratebay and other pirate-sites.)
 In USA's legal terminology "John Doe" means an unknown or
fictitious man who is a party to legal proceedings.
 You can read more on this Hindu article:
http://www.thehindu.com/opinion/op-ed/article3446658.ece
 Anyways, the "Hactivists" got angry when Piratebay stopped
working. So they went ahead and hacked the websites of
Congress and Supreme Court of India. After sometime, those
two sites started working again but so did those pirate sites!
and both SC and Congress claim that their website was never
hacked!

Important topics of GS Paper II


1. Stop Online Piracy Act SOPA
2. Preventing Real Online Threats to Economic Creativity and
Theft of Intellectual Property Act of 2011 (PIPA)
3. Anti-Counterfeiting Trade Agreement (ACTA)

And these should also serve as fodder for any Essay related to
Freedom of Speech and Expression (particularly the pros and cons.)

[Polity] Art 74 vs RTI : Letters between President and PM


cannot be disclosed
1. What is the case?
2. What did Delhi HC say?
3. Questions for UPSC IAS GS Mains Paper 1

What is the case?


Using Right to information act, one Mr.C Ramesh had sought all the
letters sent by President Narayanan to Prime Minister AB Vajpayee
relating to Gujarat riots of 2002.

In 2006, Chief Information Commissioner had asked the union


government to disclose those letter.

But The union government had filed an appeal against this CIC order,
in Delhi High court.
Union Government’s argument is that under Articles 74 and 78 of the
Constitution, any advice tendered by the Union council of ministers or
correspondence exchanged between the president and the prime
minister enjoyed immunity from public scrutiny.

What did Delhi HC say?


1. Article 74(2) of the Constitution bars the disclosure of the advice
given by the Council of Ministers to the President.
2. Article 74(2) of the Constitution cannot be made subservient to
the RTI Act as the same could not have been the intention of the
legislature and even if it was, the same cannot come in effect
without amending the Constitution.
3. Only the judges of the Supreme Court and high courts had the
power to call for such material (the communications), to peruse
them, under Articles 32 and 226 of the Constitution.
4. But CIC cannot claim parity with the judges of the Supreme
Court and the high courts
5. Therefore, CIC cannot direct the Union to produce the
correspondence between the President and the Prime Minister.

Questions for UPSC IAS GS Mains Paper 1


1. Why were art 74 and 78 been in news recently?
2. What are the powers given to SC and HC under Art 32 and 226
of the Constitution of India.
3. (Interview) what is your take on Art 74 vs RTI?
4. (interview) Can the parliament amend 74(2)? Ans. Yes it can,
because #74(2) is not part of the “Basic structure” of the
Constitution.
5. (interview) Give examples of some Public Organizations
excluded from RTI? Are you in favor of it, given all the
allegations of corruption in every department?
President K R Narayan and PM Vajpayee
[Polity] Political Dynasties: Meaning, Factors
responsible, Demerits
1. What is a Dynastic Party?
2. What are the examples of Dynastic parties?
3. What are the disadvantages / Demerits of Dynastic Politics?
4. What are the factors responsible for existance of dynastic
parties?
o Factor #1: Selection of Successor
o Factor #2: Civil Society
o Factor #3: Party finance.
5. Dynsties around the world

What is a Dynastic Party?


Dynastic party to be one where the top leadership comes from within
one family or the successor is appointed without an organisational
election.

What are the examples of Dynastic parties?


1. The Congres (lolz)
2. Akali Dal in Punjab
3. Shiv Sena in Maharashtra;
4. NCP of Maharashtra;
5. DMK in Tamil Nadu;
6. TDP of Andhra Pradesh;
7. BJD in Orissa;
8. SP in UP.

What are the disadvantages / Demerits of Dynastic Politics?


1. There is a representation deficit when it comes to dynastic
parties.
2. In those areas where dynastic parties compete, voters are far
more likely to say that the politician (MLA or MP) does not look
after the interests of anyone in the constituency
3. Those states where the two main political parties are dynastic,
there are greater vote swings for a party from one election to the
other, with the average vote swing reaching 7 per cent.
4. Independent candidates are more likely to be elected and win
votes. The percentage of independent candidates winning
moves from 10 per cent under non-dynastic competition to 14
per cent under dynastic competition.
5. There is a proliferation of political parties, with the effective
number of political parties moving from less than four to more
than four.
6. In a dynastic party the top spot is limited to members of a family.
For ambitious politicians who want to rise to the top spot there is
only one option — to form their own political party or to switch
allegiance to another party that will give them a higher position.
This leads to larger number of parties competing for votes and/
or greater vote swings.
7. Still, why should we bother? Because ^above things lead to
Coalition Politics and Coalition politics leads to “policy Paralysis”
and “2G scams” at Union and State level.

What are the factors responsible for existance of dynastic


parties?
key to understanding why dynasties exist lies in party organisation. In
India, and elsewhere,

1. if a political party does not have a cadre-based organisation,


2. is not rooted in an independent civil society association and
3. has centralised financing of elections,

It is much more likely to be dynastic.


Elaborate.

Factor #1: Selection of Successor


If a party has a party organisation where other contenders to the chief
post can form their independent bases of power or lobby groups
within the party, it may be harder to sustain dynastic parties.
This was the case with the Congress in the 1960s when a strong
organisation could discipline the ruling Congress party.

Factor #2: Civil Society


If a party has strong ties to a civil society organisation that constrains
the party leader from appointing kin as successor, the party will be
non-dynastic. The classic case is the BJP. The RSS (in which the BJP
is societally rooted) exercises enough influence over the choice of
leadership to ensure that it is non-dynastic.

Factor #3: Party finance.


 As long as politicians raise their own campaign finances illegally,
their best insurance against disclosure is to keep the money in
the family.
 If all politicians in India raised funds independently and openly
(as they do in the United States) individual politicians could
challenge the party leadership. In India this independence is
discouraged and substantial campaign contributions are
undisclosed or “black” and collected centrally.
 This centralisation of finances is essential to avoid detection. As
many have observed, the bulk of the money for the 2009
election campaigns of various parties was allocated to Lok
Sabha hopefuls by the central command.
 This gives the central party enormous control and the party
leader is influenced by incentives that encourage keeping it all in
the family.

Dynsties around the world


 Political dynasties are found where they provide risk insurance
for politicians. Even in stable political systems like Japan,
dynasties are common.
 Not surprisingly, then, dynasties have been seen in parts of the
US, in Costa Rica, El Salvador, Nicaragua, the Philippines and
Colombia.

Ref

Original article by Vasundhara Sirnate , Pradeep Chhibber


from Department of Political Science, University of California.

[Polity] Constitutional Bench: Meaning Importance


1. What is a Constitutional bench?
2. Then What’s the problem?
3. Where small benches handled big cases
4. Case: Right to Education Act in private institutes
5. Case: Salva Judum (2011)
6. Case: Narco Analysis in Police Custody
7. Case: Passive euthanasia (Aruna Shanbaug)
8. Benefits of a larger bench
9. What is Narco Analysis (2m)?
10. What is Euthansia?

What is a Constitutional bench?


 According to Article 145(3) of the Constitution, “any “substantial
question of law” relating to the interpretation of the Constitution
must be heard by benches of at least five judges. Such bench is
called a “Constitutional bench”.

Then What’s the problem?


 At present Supreme Court’s has 27 judges, but very busy thanks
to 50,000+ pending, therefore even the important cases
involving “Substantial question of law” are handled by small 2-3
judges bench instead of a 5 judge “Constitutional bench”

Where small benches handled big cases


Case: Right to Education Act in private institutes
Three Judges bench

1. Justice Swatanter Kumar


2. Justice S H Kapadia
3. Justice Radhakrishnan

Verdict

 Majority of the bench,upheld the constitutional validity of the


Right to Education Act 2009, which mandates 25 per cent free
seats to the poor in government and private unaided schools
uniformly across the country.
 Justice Radhakrishnan took the view that the Act would not
apply to both unaided private schools as also minority
institutions which do not receive any aid or grant from the
government.
 Justice Radhakrishnan's view was overruled by justices Kapadia
and Justice Swatanter Kumar who took the stand that the Act
would be applicable even to unaided private schools.

Case: Salva Judum (2011)


Two judges bench

 Justice B. Sudershan Reddy


 Justice S.S. Nijja

Verdict
 The deployment of tribal youths as Special Police Officers –
either as 'Koya Commandos', Salwa Judum or any other force –
in the fight against the Maoist insurgency is illegal and
unconstitutional and ordered their immediate disarming.
 State of Chhattisgarh shall forthwith make every effort to recall
all firearms issued to any of the SPOs, whether current or
former, along with any and all accoutrements and accessories
issued to use such firearms. The word firearm as used shall
include any and all forms of guns, rifles, launchers etc., of
whatever calibre.
 State of Chhattisgarh to immediately cease and desist from
using SPOs in any manner or form in any activities, directly or
indirectly, aimed at controlling, countering, mitigating or
otherwise eliminating Maoist/Naxalite activities in the State of
Chhattisgarh.
 directed the Centre and the State of Chhattisgarh to provide
appropriate security forthwith, and undertake such measures “as
are necessary, and within bounds of constitutional permissibility,
to protect the lives of those who had been employed as SPOs
previously, or who had been given any initial orders of selection
or appointment, from any and all forces, including but not limited
to Maoists/Naxalites.”
 Whether SPOs have been effective against Maoist/Naxalite
activities in Chhattisgarh would seem to be a dubious, if not a
debunked, proposition given the state of affairs in Chattisgarh.
Even if we were to grant, for the sake of argument, that indeed
the SPOs were effective against Maoists/Naxalites, the doubtful
gains are accruing only by the incurrence of a massive loss of
fealty to the Constitution, and damage to the social order.

Case: Narco Analysis in Police Custody


Three judge bench

1. Chief Justice K.G. Balakrishnan


2. Justice R.V. Raveendran
3. Justice J.M. Panchal

Verdict
 no individual should be forcibly subjected to any of the
techniques in question, whether in the context of investigation in
criminal cases or otherwise. Doing so would amount to an
unwarranted intrusion into personal liberty.”
 compulsory administration of the impugned techniques violates
the right against self-incrimination. The test results cannot be
admitted in evidence if they have been obtained through the use
of compulsion. Article 20 (3) of the Constitution [No person
accused of any offence shall be compelled to be a witness
against himself] protects an individual's choice between
speaking and remaining silent
 Article 20 (3) aims to prevent the forcible conveyance of
personal knowledge that is relevant to the facts in issue. The
results obtained from each of the impugned tests bear a
testimonial character and they cannot be categorised as material
evidence.
 It is our considered opinion that subjecting a person to the
impugned techniques in an involuntary manner violates the
prescribed boundaries of privacy.”
 Forcible interference with a person's mental processes is not
provided for under any statute and it most certainly comes into
conflict with the right against self-incrimination.
 results obtained through the involuntary administration of either
of these tests come within the scope of ‘testimonial compulsion,'
thereby attracting the protective shield of Article 20 (3).
 if these techniques were used compulsorily if would violate
Article 20 (3).
 Even when the subject had given consent to undergo any of
these tests, the test results by themselves could not be admitted
as evidence because “the subject does not exercise conscious
control over the responses during the administration of the test.
However, any information or material that is subsequently
discovered with the help of voluntary administered test results
can be admitted, in accordance with Section 27 of the Evidence
Act.”

Case: Passive euthanasia (Aruna Shanbaug)


Two-judge bench
1. Justice Markandeya Katju
2. Justice Gyan Sudha Mishra

Verdict

 Laid a set of tough guidelines under which passive euthanasia


can be legalised through high court monitored mechanism.
 Allowed "passive euthanasia" of withdrawing life support to
patients in permanently vegetative state (PVS) but rejected
outright active euthanasiaof ending life through administration of
lethal substances.
 Bench also asked Parliament to delete Section 309 IPC (attempt
to suicide) as it has become "anachronistic though it has
become Constitutionally valid."
 A person attempts suicide in a depression, and hence he needs
help, rather than punishment,
 there is no statutory provision for withdrawing life support
system from a person in a permanently vegetative state, it was
of the view that "passive euthanasia" could be permissible in
certain cases for which it laid down guidelines and cast the
responsibility on high courts to take decisions on pleas for mercy
killings.
 dismissing writer Pinky Virani's plea for subjecting to mercy
killing of the KEM Hospital nurse who was sexually assaulted by
a ward boy, the apex court cast the responsibility of taking a call
on passive euthanasia on high courts, if the plea is made by
close relatives or friends who have strongly opposed such a
step.
 A decision has to be taken to discontinue life support either by
the parents or the spouse or other close relatives, or in the
absence of any of them, such a decision can be taken even by a
person or a body of persons acting as a next friend,
 It can also be taken by the doctors attending the patient.
However, the decision should be taken bona fide in the best
interest of the patient," and should be approved by the high
court

 Similarly, Naz Foundation case on the constitutionality of Article


377 of the Indian Penal Code (Homosexuality) was heard by just
two judges.
Benefits of a larger bench
 Why should we care if these cases are heard by three judges or
five or nine or just one?
 Because More judges mean that there will be more points of
view, greater reflection and more thorough analysis offered in
these vital cases that will help set the direction of the country for
decades to come.
 More judges also mean that it is likelier that the opinion of the
bench will reflect that of the overall Supreme Court and not just
two or three judges with a minority viewpoint.
 It is more difficult to overturn a five-judge bench than a two- or
three-judge bench, meaning the public can have more
confidence in the stability of the law on issues that affect millions
of lives.
 This is all the more critical in cases where novel questions of law
are being addressed and there is no clear precedent on the
issue.
 In the 1960s, a much less congested Supreme Court heard
about 100 five-judge or larger benches a year. By the first
decade of the 2000s, the court averaged only about 10
constitution benches a year.

Side questions

What is Narco Analysis (2m)?


Narco analysis technique involves the intravenous administration of
sodium pentothal, a drug which lowers inhibitions on part of the
subject and induces the person to talk freely.
Back to the point,

What is Euthansia?
 The act of killing someone painlessly (especially someone
suffering from an incurable illness)
 Find out the places where Euthansia is legal.

Ref
1. Original article written by Nick Robinson, a visiting fellow at the
Centre for Policy Research, Delhi,
2. Verdict compilation by yours unfaithfully.

[Polity] Senior Citizens Welfare Act 2007 : Salient


Features
Important question for General Studies (Mains) Paper 1
What are the Salient features of “Maintenance and Welfare of Parents
and Senior Citizens Act, 2007”?

Answer
 The act defines senior citizen as any citizen of India aged 60+,
whether living in India or not.
 Every Senior Citizen who is unable to maintain himself from his
own income, can claim maintenance from his children.
 A childless Senior Citizen can claim maintenance from his
relative who is in possession of, or would inherit his property.

Maintenance Tribunals
 State Governments are to constitute “Maintenance Tribunal” at
Sub Divisional Level.
 Senior Citizen may submit application for maintenance to this
tribunal.
 If Senior Citizen is incapable of making a application himself,
any other person or registered NGO can file complaint on his
behalf.
 State Governments have designate the District Social Welfare
Officer or an equivalent officer as Maintenance Officer, who can
then represent a parent, on request, before a Maintenance or
Appellate Tribunal.
 Lawyers cannot represent any party before the Tribunals

Punishments
 Maintenance Tribunal can award up to Rs. 10,000 per month as
maintenance allowance payable to the senior citizen by his
child/relative. They’ve to give judgment in 90 days.
 If child/relative is neglecting the senior citizen after getting his
property, then Tribunal Appeal can declare such property
transfer null and void and return it to the senior citizen.
 Abandonment of a Senior citizen is punishable with
imprisonment up to 3 months and or Rs. 5000

[Polity] Answerkey for CSAT Paper I (General Studies)


2012 Polity questions only
In CSAT Paper I (General Studies) 2012, Total 18 questions were
asked from Indian Polity. I’m providing the answer keys with
explanation and reference source.

1. President
2. Deadlock
3. CAG role
4. PM appointment
5. Delimitation Commission
6. Distribution of powers
7. Fundamental duties
8. SC Autonomy
9. Rajya Sabha special powers
10. 13th Finance Commission
11. Public Finance
12. Education in Constitution
13. Adjournment Motion
14. DPSP
15. UT in RajyaSabha
16. Speaker
17. SC jurisdiction
18. PESA Act

President

According to the Constitution of India, it is the duty of the


President of India to cause to be laid before the Parliament which of
the following?
1.The Recommendations of the Union Finance Commission
2.The Report of the Public Accounts Committee
3.The Report of the Comptroller and Auditor General
4.The Report of the National Commission for Scheduled Castes

Select the correct answer using the codes given below :


(a)1 only
(b)2 and 4 only
(c)1, 3 and 4 only
(d)1, 2, 3 and 4

Explanation:
Copy pasting from Indian Polity by M.Laxmikanth (TMH Publication)
(Chapter 37, CAG):
….CAG gives three audit reports to President…. he lays it before both
houses of the parliament. After this, the Public Accounts Committee
examines them and reports its findings to the parliament.

It means:

 President lays down CAG report.


 PAC lays down report in parliament on its own (President
doesn’t come in picture).

So,
Eliminate Choices involving Statement #2
Eliminate choices *not* involving Statement #3
Final- Answer: C

Deadlock
A deadlock between the Lok Sabha and the Rajya Sabha calls for a
joint sitting of the Parliament during the passage of
1.Ordinary Legislation
2.Money Bill
3.Constitution Amendment Bill
Select the correct answer using the codes given below :
(a)1 only
(b)2 and 3 only
(c)1 and 3 only
(d)1, 2 and 3
Copy pasting from Indian Polity by M.Laxmikanth (TMH Publication)
’s chapter on Parliament:
….it must be noted here that provisions of joint sitting is applicable to
ordinary bills or financial bills only and not to money bills or
Constitutional amendment bills.
Eliminate Choices involving Statement #2 and #3
Final- Answer: A

CAG role
In India, other than ensuring that public funds are used efficiently and
for intended purpose, what is the importance of the office of the
Comptroller and Auditor General (CAG)?

1.CAG exercises exchequer control on behalf of the Parliament when


the President of India declares national emergency/financial
emergency.
2.CAG reports on the execution of projects or programmes by the
ministries are discussed by the Public Accounts Committee.
3.Information from CAG reports can be used by investigating
agencies to press charges against those who have violated the law
while managing public finances.
4.While dealing with the audit and accounting of government
companies, CAG has certain judicial powers for prosecuting those
who violate the law.
Which of the statements given above is/are correct?
(a)1, 3 and 4 only
(b)2 only
(c)2 and 3 only
(d)1, 2, 3 and 4
Explanation:

Statement #1 and #4 are bogus. Eliminate choices accordingly.


We are left with B and C.
I’m not really sure whether Information from CAG reports can be used
by investigating agencies to press charges against those who have
violated the law while managing public finances
50/50 between B and C
(or perhaps may be 70/30 between B and C !)

PM appointment
The Prime Minister of India, at the time of his/her appointment

(a)need not necessarily be a member of one of the Houses of the


Parliament but must become a member of one of the" Houses within
six months
(b)need not necessarily be a member of one of the Houses of the
Parliament but must become a member of the Lok Sabha within six
months
(c)must be a member of one of the Houses of the Parliament
(d)must be a member of the Lok Sabha
Explanation:

Indian Polity by M.Laxmikanth (TMH Publication)


Chapter 19: Prime Minister

In 1977, SC held that a person who is not a member of either house


of parliament can be appointed as PM for 6 months, within which, he
should become a member of either house of parliament; otherwise he
cases to be a PM.
Final- Answer: A

Delimitation Commission
With reference to the Delimitation Commission, consider the following
statements :
1.The orders of the Delimitation Commission cannot be challenged in
a Court of Law.
2.When the orders of the Delimitation Commission are laid before the
Lok Sabha or State Legislative Assembly, they cannot effect any
modifications in the orders.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2
Explanation:
Indian Polity by Wizard Publication :
The delimitation Commission in India is a high power body whose
orders have the force of law and cannot be called in question before
any court of law. These orders come into force on a date to be
specifified by President of India. The copies of its orders are laid
before the House of People and the State legislative assembly
concerned but no modifications are permissible therein by them.
Therefore both statements are correct.
Final- Answer: C

Distribution of powers
The distribution of powers between the Centre and the States in the
Indian Constitution is based on the scheme provided in the
(a)Morley-Minto Reforms, 1909
(b)Montagu-Chelmsford Act, 1919
(c)Government of India Act, 1935br />
(d) Indian Independence Act, 1947
Indian Polity by M.Laxmikanth (TMH Publication) 1st Chapter
Government of India Act 1935 ->Features of the Act
The Act divided the powers between Centre and unit in terms of three
lists-

1. Federal List (for Centre, with 59 items)


2. Provincial List (for provinces, with 54 items) and
3. Concurrent List (for both, with 36 items)

Final Answer: (C)

Fundamental duties
Which of the following is/are among the Fundamental Duties of
citizens laid down in the Indian Constitution?
1.To preserve the rich heritage of our composite culture
2.To protect the weaker sections from social injustice
3.To develop the scientific temper and spirit of inquiry
4.To strive towards excellence in all spheres of individual and
collective activity
Select the correct answer using the codes given below :
(a)1 and 2 only
(b)2 only
(c)1, 3 and 4 only
(d)1, 2, 3 and 4
Fifth fundamental duty is “to promote harmony and spirit of
brotherhood amongst all the people of india transcending religious….”
But it doesn’t talk specifically about protecting weaker sections from
social injustice.
Eliminate Choices involving Statement #2
Rich heritage = Duty#6
Scientific temper=Duty#8
Excellence=Duty#10.
Therefore (C) is the correct choice.

SC Autonomy

What is the provision to safeguard the autonomy of the Supreme


Court of India?
1.While appointing the Supreme Court Judges, the President of India
has to consult the Chief Justice of India.
2.The Supreme Court Judges can be removed by the Chief Justice of
India only.
3.The salaries of the Judges are charged on the Consolidated Fund of
India to which the legislature does not have to vote.
4.All appointments of officers and staffs of the Supreme Court of India
are made by the Government only after consulting the Chief Justice of
India.
Which of the statements given above is/are correct?
(a)1 and 3 only
(b)3 and 4 only
(c)4 only
(d)1, 2, 3 and 4
Indian Polity by M.Laxmikanth (TMH Publication)
chapter on Supreme court:
Topic: Independnece of supreme court, Point #8: Freedom to appoint
staff:
The CJI can appoint officers and servents of SC without any
interference from Executive (the Government )
So statement #4 is incorrect.
Eliminate all choices involving Statement #4, and we are left with final
answer (A)

Rajya Sabha special powers


Which of the following special powers have been conferred on the
Rajya Sabha by the Constitution of India?
(a)To change the existing territory of a State and to change the name
of a State
(b)To pass a resolution empowering the Parliament to make laws in
the State List and to create one or more All India Services
(c)To amend the election procedure of the President and to determine
the pension of the President after his/her retirement
(d)To determine the functions of the Election Commission and to
determine the number of Election Commissioners
Indian Polity by M.Laxmikanth (TMH Publication)
Chapter : parliament , topic : Special powers of Rajya Sabha

1. It can authorize the parliament to make a law on a subject


enumerated in state list (Art.249)
2. It can authorize the parliament to create a new all india service
common to both the Centre and the State (art.312)

Accordingly, Final answer: Statement (b) is correct.

13th Finance Commission

Which of the following is /are among the noticeable features of the


recommendations of the Thirteenth Finance Commission?
1.A design for the Goods and Services Tax, and a compensation
package linked to adherence to the proposed design
2.A design for the creation of lakhs of jobs in the next ten years in
consonance with India's demographic dividend
3.Devolution of a specified share of central taxes to local bodies as
grants
Select the correct answer using the codes given below :
(a)1 only
(b)2 and 3 only
(c)1 and 3 only
(d)1, 2 and 3

Governance in India by M.Laxmikanth (TMH Publication)


Appendix #3: recommendations of 13th Finance Commission.

13th FC talks about GST and compensation to States.


Eliminate choices not involving Statement #1

While 13th FC does talk about disaster Management, It doesn’t talk


about “lakhs of jobs or demographic dividend.”
Eliminate choices not involving Statement #2
While the 13th FC does talks about giving 32% of the shareable
central taxes to the states and about providing Grant in Aid to States
for allocation to Local bodies. But the given statement “Devolution of a
specified share of central taxes to local bodies as grants” seems to be
incorrect / exaggerated. (Or may be I haven’t read the 11 page
recommendation properly!)
Final answer: Confused between (a) and (c). 70/30 for (a)/(c).

Public Finance
Which of the following are the methods of Parliamentary control over
public finance in India?
1.Placing Annual Financial Statement before the Parliament
2.Withdrawal of moneys from Consolidated Fund of India only after
passing the Appropriation Bill
3.Provisions of supplementary grants and vote-on-account
4.A periodic or at least a mid-year review of programme of the
Government against macroeconomic forecasts and expenditure by a
Parliamentary Budget Office.
5. Introducing Finance Bill in the Parliament
Select the correct answer using the codes given below :
(a)1, 2, 3 and 5 only
(b)1, 2 and 4 only
(c)3, 4 and 5 only
(d)1, 2, 3, 4 and 5
Explanation:

Statement #4 doesn’t make sense. There is no parliamentary budget


office to review programs of Government.
But there is an Estimate Committee of parliament to review policies
and continuous examination of estimates from time to time throughout
the year.
Eliminate choices involving Statement #4, and we are left with final
Answer (A)
Or may be all correct! Answer choice (D)?

Education in Constitution
Which of the following provisions of the Constitution of India have a
bearing on Education?
1.Directive Principles of State Policy
2.Rural and Urban Local Bodies
3.Fifth Schedule
4.Sixth Schedule
5.Seventh Schedule

Select the correct answer using the codes given below :


(a)1 and 2 only
(b)3, 4 and 5 only
(c)1, 2 and 5 only
(d)1, 2, 3, 4 and 5
Solution

Item Provision?

DPSP Art. 45 to provide early childhood care


and education for all children until they complete the
age of 6 years.

 11th schedule, 29 functions of Panchayat :


Rural and item#17: education including primary and
Urban Local secondary schools.
Bodies  12th Schedule,

 Administration of tribal areas under States other


than AMTM (Assam,
5th Sch. Meghalay,Tripura,Mizoram)
 Did not find anything specific on education.

 Administration of tribal areas in AMTM.


6th Sch.  District council can establish, construct or
manage primary schools.

Union, State and concurrent list. Has provisions


7th Sch.
related to “education”

Statement 4 is definitely correct (6th Schedule),


Eliminiate choices not involving Statement #4.
And since Statement #1 (DPSP) is definitely correct. We are left with
the final answer Choice (D) : all statements are correct.

Adjournment Motion
In the Parliament of India, the purpose of an adjournment
motion is

 (a)to allow a discussion on a definite matter of urgent public


importance
 (b)to let opposition members collect information from the
ministers
 (c)to allow a reduction of specific amount in demand for grant
 (d)to postpone the proceedings to check the inappropriate or
violent behaviour on the part of some members

Indian Polity by M.Laxmikanth (TMH Publication)


Chapter on Parliament
Topic: Devices of Parliamentary proceedings ? Motions ?
Adjournment motion.
…it is introduced in the parliament to draw attention of the house to a
definite matter of public importance, and needs the support of 50
members to be admitted.
Final answer: Statement A is correct.

DPSP
Consider the following provisions under the Directive Principles
of State Policy as enshrined in the Constitution of India :
1.Securing for citizens of India a uniform civil code
2.Organizing village Panchayats
3.Promoting cottage industries in rural areas
4.Securing for all the workers reasonable leisure and cultural
opportunities

Which of the above are the Gandhian Principles that are reflected in
the Directive Principles of State Policy?
(a)1, 2 and 4 only
(b)2 and 3 only
(c)1, 3 and 4 only
(d)1, 2, 3 and 4

Quoting Indian Polity by M.Laxmikanth (TMH Publication)


Chapter on Directive Principles of State Policy.
Topic: Classification of Directive Principles
Accordingly, given principles can be classified as following

Principle Type Art.No

Securing for citizens of India a uniform civil Liberal


44
code intellectual

Organizing village Panchayats Gandhian 40

Promoting cottage industries in rural areas Gandhian 43

Securing for all the workers reasonable


Socialistic ??
leisure and cultural opportunities
 Uniform Civil code is definitely not under Gandhian principle, so
eliminate all options involving Statement #1, and we are left with
final answer (B)

UT in RajyaSabha
Consider the following statements:
1.Union Territories are not represented in the Rajya Sabha.
2.It is within the purview of the Chief Election Commissioner to
adjudicate the election disputes.
3.According to the Constitution of India, the Parliament consists of the
Lok Sabha and the Rajya Sabha only.

Which of the statements given above is/are correct?


(a)1 only
(b)2 and 3
(c)1 and 3
(d)None
Indian Polity by M.Laxmikanth (TMH Publication)
Chapter on Parliament
Topic: organization of Parliament
…..Under the Constitution, the parliament of India consists of three
parts

1. The President
2. The Council of States (Rajya Sabha)
3. The House of People (Lok Sabha)

Options involving statement #3 are false. Eliminate them


Same chapter of M.Laxmikanth,
Topic: Composition of two houses -> Composition of Rajya Sabha ->
2. Representation of Union Terrirotiries.
….Out of the seven union territories, only two (Delhi and Pondicherry)
have representation in Rajya Sabha. The Population of other five
union territories are too small to have any representative in Rajya
Sabha.
Therefore Statement #1, is also incorrect.
Eliminate answer Choice (a)
We are left with the final answer (D) : None of the given statements
are correct.
ANSWER: (D)

Speaker
Regarding the office of the Lok Sabha Speaker, consider the following
statements:
1.He/She holds the office during the pleasure of the President.
2.He/She need not be a member of the House at the time of his/her
election but has to become a member of the House within six months
from the date of his/her election.
3.If he/she intends to resign, the letter of his/her resignation has to
be addressed to the Deputy Speaker.
Which of the statements given above is /are correct?
(a)1 and 2 only
(b)3 only
(c)1, 2 and 3
(d)None
Speaker is an autonomous Constitutional body by himself, he can be
removed by Lok Sabha, President has no role in this. So Speaker
doesn’t hold office during the pleasure of President.
Statement #1 is false.
Eliminate option s involving Statement #1
Statement #3: is correct, Speaker can resign by writing to the Deputy
Speaker.
Final Answer (B)

SC jurisdiction
Which of the following are included in the original jurisdiction of the
Supreme Court?
1.A dispute between the Government of India and one or more States
2.A dispute regarding elections to either House of the Parliament or
that of Legislature of a State
3.A dispute between the Government of India and a Union Territory
4.A dispute between two or more States
Select the correct answer using the codes given below :
(a)1 and 2
(b)2 and 3
(c)1 and 4
(d)3 and 4
Statement #1 and 4 fall under the original jurisdiction of Supreme
Court.
Therefore Final answer (C)

PESA Act

In the areas covered under the Panchayat (Extension to the


Scheduled Areas) Act, 1996, what is the role/power of Gram
Sabha?
1.Gram Sabha has the power to prevent alienation of land in the
Scheduled Areas.
2.Gram Sabha has the ownership of minor forest produce.
3.Recommendation of Gram Sabha is required for granting
prospecting licence or mining lease for any mineral in the
Scheduled Areas.
Which of the statements given above is/are correct?
(a)1 only
(b)1 and 2 only
(c)2 and 3 only
(d)1, 2 and 3

Governance in India by M.Laxmikanth (TMH Publication)


Chapter :Local administration, subtopic: Extension Act of 1996
(PESA)

According to the book:


Statement 1 is correct verbatim. (Point 13/(iii) of the chapter)
Statement 2 is correct verbatim. (Point 13/(ii) of the chapter)
Statement 3: problem
Point 10 says
“Recommendation of Gram sabha or Panchayat at the appropriate
level shall be mandatory for grant of prospecting licence or mining
lease for minor minerals in the scheduled area”

Notice the word: “Minor minerals”


The given statement says “any Mineral”
Therefore Statement #3 is false.
Eliminate choices accordingly, and we are left with the final answer
(B).

[Polity / Essay] Troop Movement and Freedom of Press


About the Gag order of Allahabad HC on Troop movement report of
Indian Express.
I’m copy pasting Justice Katju’s letter here as food for thought, fodder
material for Essay and group discussions (GD).

 I am of the opinion that regarding reporting of troop movement


by the Media a balanced approach has to be taken. On the one
hand freedom of the media is guaranteed as a fundamental right
in Article 19(1) (a) of the Constitution, on the other hand this
right is subject to reasonable restrictions in the public interest as
mentioned in Article 19(2).
 Reporting troop movement near the Indian border or during war
time should be prohibited as that may aid the enemy and cause
harm to our armed forces, by compromising national security.
However, in my opinion there can be no general prohibition of
reporting of all troop movements.
 As regards the reporting of alleged troop movement by the
Indian Express, without going into the question whether the
news reporting was factually correct or not, there could not have
been a valid prohibition of such reporting, because the troop
movement was not at the Indian border or during war time.
 On the other hand the allegation in the Indian Express report
was that there was some convention written or unwritten, that
troop movements towards Delhi should not take place without
notifying and getting consent of the government, and it was
alleged that the troop movement in question took place without
notifying the government.
 The further allegation was that this caused panic among the civil
authorities, and the troop movement was abruptly stopped.
 With great respect to the High Court, I am of the opinion that the
order of the High Court is not correct. The Media has a
fundamental right under Article 19(1) (a) of the Constitution to
make such publication, as it did not endanger national security.
 Indian Army is not a colonial army, but the army of the Indian
people who pay the taxes for the entire defence budget. Hence
the people of India have a right to know about army affairs,
except where that may compromise national security.
 The media did an excellent job in exposing the Adarsh and
Sukhna scams in which senior army officers were involved, and
they were well within their right under Article 19(1) (a) to do so.
 The Indian Express is not a fly by night newspaper, but a
responsible one. They took 11 weeks to complete the
investigation of the reported troop investigation before deciding
to publish the report. Hence I do not see how they can be
faulted.
 The Press Council of India will be challenging the order of the
Allahabad High Court in the Supreme Court of India very shortly.

PCI Katju bats for media, to challenge HC ban on


troop move reports, stands by ‘responsible’
Express
Written by Kian Ganz
| Thursday, 12 April 2012 16:49
| Bar, Bench & Litigation

Katju: Fighting for pressJustice Markandey Katju, chairman of


the Press Council of India (PCI), said that the PCI would challenge in the Supreme
Court the Allahabad High Court’s order directing the government to prevent the
media reporting troop movements.

Katju also added that that the Indian Express, which had come under fire and faced
government denials for its story on army movements near Delhi, could not be faulted
for its report.
Katju wrote in a press release today:

I have perused the order of the Hon’ble Allahabad High Court in writ petition No
2685 dated 10.4.2012. In that order a direction has been given to the Secretary,
Home Affairs, and Secretary Information & Broadcasting, Government of India and
the Principal Secretary (Home) , Govt. of U.P. to ensure that there is no reporting/
release of any news item by the print as well as electronic media relating to the
subject matter, namely the movement of troops as contained in the accompanying
annexures. (The news of alleged troop movement towards Delhi published by Indian
Express on 4.4.2012). In this connection, I am of the opinion that regarding
reporting of troop movement by the Media a balanced approach has to be taken. On
the one hand freedom of the media is guaranteed as a fundamental right in Article
19(1) (a) of the Constitution, on the other hand this right is subject to reasonable
restrictions in the public interest as mentioned in Article 19(2).

Now coming specifically to the question of reporting of movement of troops , I am of


the opinion that reporting troop movement near the Indian border or during war
time should be prohibited as that may aid the enemy and cause harm to our armed
forces, by compromising national security. However, in my opinion there can be no
general prohibition of reporting of all troop movements.

As regards the reporting of alleged troop movement by the Indian Express, I am of


the opinion that without going into the question whether the news reporting was
factually correct or not, there could not have been a valid prohibition of such
reporting, because the troop movement was not at the Indian border or during war
time. On the other hand the allegation in the Indian Express report was that there
was some convention written or unwritten, that troop movements towards Delhi
should not take place without notifying and getting consent of the government, and it
was alleged that the troop movement in question took place without notifying the
government. The further allegation was that this caused panic among the civil
authorities, and the troop movement was abruptly stopped.

The Allahabad High Court order was passed on a writ petition relating to the above
publication in the Indian Express. With great respect to the High Court, I am of the
opinion that the order of the High Court is not correct. The Media has a fundamental
right under Article 19(1) (a) of the Constitution to make such publication, as it did
not endanger national security.
I may add that the Indian Army is not a colonial army, but the army of the Indian
people who pay the taxes for the entire defence budget. Hence the people of India
have a right to know about army affairs, except where that may compromise national
security. The media did an excellent job in exposing the Adarsh and Sukhna scams in
which senior army officers were involved, and they were well within their right under
Article 19(1) (a) to do so.

The Indian Express is not a fly by night newspaper, but a responsible one. They took
11 weeks to complete the investigation of the reported troop investigation before
deciding to publish the report. Hence I do not see how they can be faulted.

The Press Council of India will be challenging the order of the Allahabad High Court
in the Supreme Court of India very shortly.

(Markandey Katju)

Chairman, Press Council of India

[Tips] "One-Word Approach" to master Indian Polity from


M.Laxmikanth (TMH Publication)
1. “One word approach” to Master Polity
2. Part one: Constitutional framework.
3. Chapter 1: historical background
4. Company rule: The Era of Charters
5. Crown rule: The Era of government of India acts
6. Candidates with Public Administration
7. Candidates without Public Administration
8. Polity is SCORING
9. About the Book
10. Other good books written by M.Laxmikanth

Question from a reader


I have started reading Indian Polity – M Laxmikanth (TMH Publication)
for the first time. What I wanted to know is:
Is it necessary to remember each act, constitution details and its important
features?
How to remember so many things, considering we have to read the entire
book?
For example, I am on the 'Features of the Constitution Chapter' and the
details in first chapter i.e Regulation Act 1973, Indian Act 1935, etc.; I don't
remember each and everything.
I am scared if I am the only one facing this problem and whether we have to
remember as we read?

“One word approach” to Master Polity


 Consider the following statement written by M.Laxmikanth in
Chapter-1 of his book.
 Regulating Act of 1773:

“… It made the governors of Bombay and madras presidencies


subordinate to the Gov. General of Bengal, unlike earlier, when the
presidencies were independent of one another”
How to make the statement going your memory?

 Just write a word in your book’s Margin “Bengal Boss.” You


don’t even have to write it in English, write it in Gujarati, Hindi,
Marathi, your mother tongue.
 Next time when You're doing revision, this word in help, you
recall the entire provision.
 Thus, you can go through this entire book in a very fast and
efficient manner.
 Bruce Lee had developed a special “one-inch” punch. He’ll move
his fist for an inch, and yet opponent will be thrown aside by the
force of his punch. Think of the one word (or a word-phrase) that
can help you punch off the difficult line in the book.
 Here's the best part: almost entire Polity book of M.Laxmikanth
in written in numbered bullets. Hence, there is plenty of free
space in the margin to write down these “One Words".
 Some candidates also use highlighters or ball pens to mark
sentences and words.
 My opinion (and advice) is that if you want something to go in
your long-term memory, you must write something with your own
hand.
 Because when you highlight a sentence, you are still reading the
author’s word and sentence, not your own.
 Don't worry if you book starts looking ugly and unappealing
because of your scribbling on the margin. You don't have to
return this book to the library, you own it; you must make
maximum use of it. Same advice for yours books on History,
Public Administration.
 Now back to Indian polity by M.Laxmikanth (Tata Macgrawhill’s
Publication), How to proceed with this book?

Part one: Constitutional framework.


Chapter 1: historical background
This chapter deals with how Constitution or the framework of
governance, evolved in India.

Company rule: The Era of Charters


 Dictionary meaning of word “Charter” = rental agreement; of
goods and services.
 In short, British government gave permission to East India
Company to manage the affairs of India for “rent” i.e. East India
Company collects the revenue and sends (a portion) to London.
 After some time East India Company doesn’t stay in its ‘aukaat’,
becomes too big for its shoes, The British government updates
the law to limit the powers of East India Company.
 1857, the Sepoy Mutiny. Now British government says we don’t
want these Commission-agents (East India Company), we're
going to run this colony on our own.
 Theymake a new law, we become a colony of the “CROWN”

Crown rule: The Era of government of India acts


 In the year 1858, with the British government takes away the
power from East India Company and starts running thiscolony.
 So we have Government of India act, 1858, later in 1861, 92,
1909, 1919, 1935 and finally, 1947.

Candidates with Public Administration


 This chapter is important for public administration (mains) paper
two: Indian administration >> Topic#1 Evolution of Indian
Administration >> Subtopic Legacy of British rule in politics and
 Administration.
 This is a no excuse Chapter. Once in a while you will get “static”
questions from the topic.
 Learn this chapter by heart. The provisions of each act must be
at your fingertips.
Candidates without Public Administration
 How much can you memorize, depends on your interest in
polity: but following subtopics of Chapter#1, are ‘essential’
 Must: Regulating act of 1773
 Must: Government of India act, 1858, 1909, 1919, 1935 and
1947. (Because Constitution of India evolves from them.)
 For Charter Act 1833/53, and Indian Council India’s act 1861/92,
try to see their most important feature only, rather than trying to
mugup all 5-6 points. I don't recall much questions in recent
history of UPSC, from these.

Polity is SCORING

 Indian polity is a scoring topic for both general studies and


public administration.
 It is not ‘vast’.
 It can be covered in a short time.
 Its syllabus has a definite boundary.
 It is important for all three stages of the exam:: CSAT,
mains+Essay and Interview.
 It can be mastered by any person from any graduation
background.
 However, if you’re going to prepare it with a negative mindset
“I can’t do this. Polity is not my cup of tea.” Then of course,
you will never master it, because your unconscious mind will
not let you master it.
 Don't force yourself to mug up dates, numbers and names
beyond a level, and you’ll do just fine in Polity.

About the Book

 Indian polity by the M.Laxmikanth (Tata Macgrawhill’s


Publication) is a book loved by IAS toppers and losers alike.
 Other books on Indian polity: D.D.Basu, Subhash Kashyap,
P.M.Bakshi or M.V.Paylee. Almost All of them write in
“paragraphs," from academic point of view. They assume you
already know plenty about Polity, hence don’t care much to
explain basic terms.
 M.Laxmikanth directly hits the bull’s eye. He doesn’t write
lengthy paragraphs. He gives a lot of subheadings and
provides provisions, features, in numbered bullets 1,2,3,4,5…
and
 He uses small sentences and words in such a way, even a
10th standard kid can understand it.
 So If you hate Polity, the most probable reason is you started
with D.D.Basu directly and did not go through M.Laxmikanth.

[Polity] It is Union Government not Central Government


Question by a Reader
In one of your articles you have written that the term “Central Government”
is incorrect and “Union Govt” should be used. Can you please tell me the
reason, as often Schemes are titled as “Centrally Sponsored” and in polity we
read about “Centre-State relationships” not “Union-State Relationships”.

Answer:

 Quasi-federal structure of our polity.


India is a Union of States.
 Constitution of India uses the word “Union Government ” and
“State Government”

It talks about the distribution of power between the Union


Government and the State Government. It provides for Central
Union List, State List and Concurrent list. It provides
for Central Union Public Service Commission and State Public
service Commission

 Official Government site of Agriculture ministry mentions Sharad


Pawar is Hon’ble Union minister of Agriculture (Not Hon’ble
Central Minister of Agriculture).
 Saying “Centre” would mean others are ‘peripheral’ chillar party,
It’s not the case. State Governments have their own authority,
jurisdiction and status derived from the Constitution.
 Same way “Dalit” it not the official word in Constitution, it is
“Scheduled Castes”.
 Some old professors and interview panelists are very peculiar
about choice of words, and get irritated pretty quickly over such
minute issues, so one should be careful.
 Ofcourse these words are so commonly used, we don’t
say Unionly Sponsered schemes :) But
When you keep saying “Central Government – Central
Government” everywhere in your answer during the interview,
They pick up a negative impression that you’re not well versed in
the Constitution or the concept of Federalism = just another
amateur player. (-Tip given by a retired IAS officer in a UPSC
prep-seminar in Ahmedabad).
 That’s why I was cautioning the readers.

[Polity] Difference Between CPI, CPM and other


Communist Parties of India
What is the ideological difference between CPI and CPM? or isn’t there any
difference?

The Split of CPI, CPM


 CPI=Communist Party of India, CPM =Communist Party of India
(Marxist)
 Official reason: After the Sino-India war of 1962, The Pro-
Chinese members of CPI, walked out to form their own party
CPI (Marxist) due to the ideological differences with the parent
organization.
 In terms of Seats won in Lok Sabha and Rajya Sabha and State
assembly elections, CPM is stronger party than CPI.

Other Differences

CPI CPM
(Marxist)

Leaders A.B.Bardhan Prakash


& Brinda Karat
D.Raja
Sitaram
Yechuri
Buddhadeb
Bhattachrya (Ex-CM of
Bengal)

Election Sickle Hammer,


Symbol and a cob of Wheat Sickle and Star.

Ideology National People’s


Democracy Democracy:
Joint Leadership
Leadership of Working of Working class only.
class+ Bourgeoisie

Power Don’t Don’t


mind becoming part of want to be part of any
(Becoming
Government run by other Government unless we enjoy
Ministers)
coalition partners majority in parliament/SLA.
(Congress et
al).

CPI (Marxist and Leninist)


 Formed in 1969
 Leaders: Kanu Sanyal, Charu-Majmudaar.
 Responsible for the Naxalite movement of 70s.
 Later after splits and mergers among different groups: it became
PWG (People’s War group).

CPI (Maoist)
 Founded in 2004, After merger of PWG with MCC (Maoist
Communist Centre of India)
 Leader: Muppala Lakshmana Rao (Ganapati)
 It aims to overthrow Government of India via violent means.
 It is a banned organization under Unlawful activities prevention
act.

Situation in Kerala
LDF (Left Democratic Front)
 It is the coalition of CPI, CPM and other leftist parties in Kerala.
(Just like UPA at Centre).
 VS Achyutanand was their leader and CM.

UDF (United Democratic Front)


 Coalition of Congress, Indian Union muslim league et al
 It defeated LDF in 2011 Kerala State assembly elections, and
Oman Chandy of Congress became the new CM of Kerala.

[Polity] Election Commission: Some GK some Issues


Elections: Some GK

 Security deposit for state assembly : Gen category 10000/-,


SC/ST=5,000/-
 For President /VP election :15,000/-
 If the defeated candidate fails to secure more than one sixth of
the valid
votes polled in the constituency will lose his security deposit.
 If a person is convicted of any offense and sentenced to an
imprisonment of 2 years or more, this will be disqualification to
contest elections.
 No person shall vote at any election if he is confined in a prison
 Person cannot contest from more than two constituencies for a
Lok Sabha election.
 Limits on election expenditure : Parliament 40 lakhs (earlier 25),
State assembly 16 lakhs (earlier 10)
 If there are more than 64 candidates, you cannot use Electronic
voting machine due to technical limitations.

Issues:

One candidate contesting on two seats:

 There have been several cases where a person contests


election from two constituencies, and wins from both. In such a
situation he vacates the seat in one of the two constituencies.
 The consequence is that a bye-election would be required from
one constituency involving avoidable labour and expenditure on
the conduct of that bye-election.
 Law should be amended to provide that a person cannot contest
from more than one constituency.

GOVERNMENT SPONSORED ADVERTISEMENTS

 on the eve of election, the Central and various State


Governments embark on advertisement spree in the guise of
providing information to the public.
 There is also the practice of putting up banners and hoardings in
public places, depicting achievements of governments.
 The expenditure on such advertisements is obviously incurred
from the public exchequer. It is common knowledge that the
advertisements are released with an eye on the elections, to
influence the electors.

Paid News
aka
SURROGATE ADVERTISEMENTS IN PRINT MEDIA

 Certain media houses give repeated news, elaborate details


about certain candidates, along with their individual
photographs, election speeches and rallies: all because of
financial motives. (famous case: Ashok Chavan)

Exit Polls

 First time in 2009 parliament election, EC banned opinion polls


during the 48 hours before the end of the poll in case of a single-
phase election. In case of a multi-phase election, there is a
blanket ban on exit polls till the last round of polling is over.
 Publishing the result of opinion poll on the earlier phases, will
have the potential to influence the voting pattern in the
subsequent phases.
 Similarly, the opinion polls, which are conducted during the run-
up to the poll, are also likely to influence the minds of the
electors.

USE OF COMMON ELECTORAL ROLLS


AT ELECTIONS CONDUCTED BY THE ELECTION COMMISSION
AND THE STATE ELECTION COMMISSIONS
 Many times, confusion among the electors because their names
may be present in one roll but absent in the other, or vice versa,
but also results in duplication of effort and expenditure.
 In almost all the cases, the same machinery at the field level is
entrusted the job of preparing and revising rolls for both types of
elections.
 Hence same electoral rolls should be used in both cases.

REGISTRATION OF POLITICAL PARTIES

 More than 650 parties are presently registered with the Election
Commission, out of which only 150 or so contested in the
general elections of 1998.
 Since the lay public is not aware as to how easy it is to get a
political party registered with the Election Commission, probably,
the motivation for the non-serious parties to get registered is to
give some sort of a distorted aura of their status and standing in
their localities, particularly in rural and mofussil areas.

Negative voting, right to recall etc require a different article altogether.

[Polity Q] Duration of President’s rule: 1 year or 3 years?


Question. plz let me knw tht under article 356 presidents rule once
approved it continues for 6 mnths.bt in one of the other books it shows
as 1 year.actly acc to 44th amen act it continues for 1yr.and at the
same time do it can be extended for a max perd of 3 years or 1yr.in
laxm it is 3 yrs and wen i serchd on net its 1yr.

Ans. In normal circumstances, it can be extended only upto 1 year.


However parliament can also extend it upto three years provided that
1.National emergency under 352 is also running simultaneously.
2.Election Commission certifies that it is difficult to hold general state
legislative assembly elections at the moment.

[Essay Points] Electoral Reforms


here are some more electoral reforms needed in our nation. To decrease the
cacophony :

1. Anybody who is not in top 2 in any election (LS, VS, Municipal, Gram Panchayat,
etc) should be barred from contesting any election from anywhere in India for the
next 3 years.
2. Any MP/MLA/Corporator who resigns (either verbally or in paper) should be
immediately discharged from duty. Appearance on TV uttering the words “i am
resigning” or equivalent should be considered valid resignation unless (s)he proves
otherwise within 2 days. this will reduce the blackmailing tactics. And a
resignee will be barred from contesting any election anywhere in India for 3 years.

3. Attendance in LS/RS/VS/Municipality should be 75% compulsory else the


candidate should be invalid for next 3 elections or 8 years whichever is maximum.
walkout from the parliament is considered equivalent to absence.

4. Anybody who wins confidence vote is eligible for a minimum of 2 years of validity.
The govt can be sacked only by impeachment (or equivalently difficult process in
case of VS) in this 2 year duration. And any such impeachment process must be
initiated by the leader of opposition.

5. finally a suggestion from swaminomics – any litigation against a legislator must be


heard on priority basis. And a convicted legislator must be punished twice the
punishment for normal citizens.
[Polity] Devolution, Delegation,Decentralization &
Deconcentration
Decentralization
 it has Administrative -political-legal nature.
 for example State Govt. transferring the power to Panchayats.
 Legal (because Constitution provides for it)
 Political (empowerment of people @ grassroots)
 Administrative (reduce work burden of field officers.)

Deconcentration
 has Administrative angle only.
 Maintaining Law and order is state Govt.’s responsibility but CM or
Chief Secretary or Divisional Commissioner can’t himself petrol around
everywhere.
 So this work is transferred to District collector. (and he maintains it
using the police force given to him.)
 so, When State Govt. gives powers to district collector for better
Administrative reasons – this is Deconcentration.

Devolution
 in the fedaral structure, States are given their own powers over which
they’ve complete authority, for example maintaining Law and order.
 Centre can’t send CBI everywhere as and when & where it pleases,
first it needs the permission of State Govt. to investigate the matter.
 This is devolution of powers. this is in political nature
 and its very hard to take way this power.
 (Except by modifying the Constitution but taking away the federal
structure means you’ll kill the basic structure = Supreme Court won’t allow
it. Thus its impossible.)

Delegation
 Suppose a police inspector collects bribe from entire district, but he’s
tired so he distributes the work amongs his sub-inspectors.
 This is delegation.
 the power can be taken away any time, (like when sub-inspectors are
not giving him every Rupee collected or if he is in bad mood!)
 so in Delegation the power can be taken away very easily.

now you might wonder then

Devolution vs Decentralization.
 its easier to take away powers in Decentralization compared to
devolution.
 Devolution is more powerful and make the recipient autonomous.
 More Autonomous in the sense, if Tehsildar goes to village
then Sarpanch are going to do ‘yes sir yes sir’ while if a Minister of State
from Centre Govt. goes to visit the state, then Chief Minister won’t fall into
his feet & say ‘yes sir yes sir’, because CM is the ‘autonomous & powerful
guy.’
 for example as a Chief minister you can easily get any
Gram Panchayat dissolved and call for new election after 6 months
but its not that easy for a PM to get the state legislative dissolved / order
Presidential rule in any state that easily. (Thanks to SC’s directions.)
 [these things are done via President/Governer's order but you should
know PM/CM & Cabinet has the real decision making power. and itsmerely
carried out in the name of President /Governer]

what’s difference in Delegation and


Deconcentration
 deconcentration is systematic method to improve efficiency & is done
via GR (Govt. resolution) etc.
 While delegation is for quick emergency solutions / for individual
cases it may or may not have written orders
 Deconcentration is ‘uniform’ in the sense suppose if you gave power
to one DC then you’ve to give that power to All DCs in the state.
 its quick to take away the power, it all depends on mood of boss,
while in case of Deconcentration its not that easy.

A comparative table

[Polity] CBI/ NCW etc Independent offices?


Q. i have a clarificatory question… in the government website
http://goidirectory.nic.in/exe.htm they have listed almost 19
independent offices like CBI, NCW, etc.. while the list you compiled
through yearbook has less.. this is just a technical difference or?
Ans. CBI is theoritcally ‘Independent ‘ as it derives its powers from
Delhi Special Police Estabilishment act 1946 otherwise CBI is
controlled by the Department of Personnel and Training in the Ministry
of Personnel, Public Grievances and Pension which reports to PM.
regarding Finance Commission + CAG + UPSC + Election
Commission
they’re Independent Commissions provided by the Constitution of
india. (they’re Constitutional offices)
regarding TRAI = its independent regulator = Administrative
adjudication (i.e. it works like a court but doesn’t fall under the
judiciary’s direct control like SC’s control over HC) and its not under
direct control of Executive either. so its ‘Independent’

Unique ID and planning Commission were made by Executive (i.e.


the PM) for the convenience in work but they don’t answer to any
ministry thus Independent.
CVC & CIC get its powers from laws made in 2003 & 2005
respectively, so its a statutory office and they don’t ‘answer’ to any
ministry so they’re also Independent.

[Role of Media] Are they playing it right? & their role in


National integration
Your views and counter views are very welcome and kindly requested
The ‘Media’ I’m referring to is not The Hindu / Indian Express etc but
the media that reaches to the masses, e.g Vernacular Press, Aaj Tak,
Star News, Zee News etc.
1st of all: what is / should be the role of media?
the media has a moral duty that goes beyond the routine “displaying
facts and interviewing people and doing sms polls”.

The Moral duty is…

 Exposing corruption / inefficiency of Govt. – asking questions,


gathering public opinion.
 Exposing the ill-practices in
o Religion: witch doctors, solar eclipse, child illness etc.
o society: female infanticide, dowry, caste violence, rural /
poor people’s problem, Maoists.
 National integration by covering all problems from each part of
the country.
 Educating people about the matters of international / scientific /
medical importance.
 Cherishing the achievements of
o Honest citizens/officers (and politicians, if any) / social
workers /
o inventors/scientists/etc.
o Sportsmen and women (other than cricketers)
o Army men living in harsh weather conditions of borders.
 *please add your list in this*

Now lets see what media is doing nowadays>>


End of the World
Before going to this topic, a flashback-
Previously there was ‘Large Headron Collider’, and the media
predicted the end of the World. And instead of directly giving the
mission details, they’d sensationalize everything like
<insert danger sounding loud background music, red flashing text>

 Kya ye Maut ki machine hai? ( या ये मौत क मशीन है ?) [is it the


machine of death?]
 Kya hoga Dharti ka aant issse ( या होगा धरती का अंत ईससे?) [will it cause
the end of the world ?]
 **Add some more poetic verses to attract and scare people**

Now after giving an introduction like this, their host starts talking, and
the exact details and purpose of the entire Headron mission will be
given at the end of the program (only for 5 minutes) but for the rest 25
minutes, they’ll talk in detail about all the negative things and
possibilities regarding the mission.

Result of that Headron coverage

1. One man died of heart attack watching the it


2. Another teen girl committed suicide thinking this was going to
end the world
3. Masses run to holy rivers, holy temples and holy priests: offer
prayer, rituals, donations – This time, money and work hours
could have been used in something more productive.

Fast forward to the new toy : Mayan Calendar ,2012

Past few weeks, the media anchors got a new toy to play with, known
as Mayan Calendar which predicts the end of the world in 2012 by
some sort of giant meteorite collision. Again insert those red flashing
texts here, and the trailer clips from the movie 2012.
They’ll add the issue of Glaciar melting and rise in ocean level to it-
again flash the facts like how much sq.km of glaciar was lost (they’ll
flash it for 10 minutes but won’t talk for the reasons and steps a
common Indian man should take to prevent it.)
Possible Result of 2012′s Coverage

1. Refer point #3 of previous headron coverage’s result = money


making business for priests and holymen.
2. No one has died in heart attack / suicide due to fear of 2012 yet
but I see it coming soon.

Terrorism
Some news channels (like Aaj Tak) spend 70% of their time showing
Taliban and drone attack and paki bomb blast coverage.
And if

 Union Govt. issues some terror alert to states (which they do


every 3rd day) or
 if Govt. beefs of security of something (nuke station / airport)
[which again they do every 4th day]

then its Christmas time for the news channels : covering it 24/7 until
they get some other thing to sensationalize.
Now you might say that its good because then people would keep an
eye on the suspicious activities, things and people around them when
Govt. has alerted them on possible terror strike- but are we Indians so
immature that we need nagging about it every 3rd day? + so much
terrorism coverage makes It look like India is very vulnerable to
terrorists and its unsafe to live in India. (If you were a foreign tourist/
businessman watching these terror sensationalizing news – would
you come to India?) I’m not saying that we shouldn’t cover it but there
is no reason why media should be talking about it 70% time of our
day.
David Headly / Rana

Another routine feature nowadays, media spending almost 70% of


their time on this duo.

 Their connection with Bollywood,


 their stay in different cities of India,
 their involvement in 26/11

its important news but I don’t think they deserve so much of news air-
time, when there are other important issues at hand. Like there is
nothing else happening in india and the world -worth talking about.

7th Dossier & Self Esteem

Yesterday Govt. of india gave 7th dossier regarding terror evidences of


9/11. Reminds me of the schooldays when some class bully keeps
teasing and beating you , you complaint to teacher and no action is
taken. On one hand the same ministers say pakis are not acting on
the evidences provided by them and on the other hand they give more
evidences.

1. When we are certain nothing is going to happen then why sell off
our self esteem with every dossier to pakis?
2. Why a Real man (which india is) should expect justice from a
eunuch (which Pakistan was, is and shall remain forever).

But this again is a non-issue for media.

1 year to 26/11 and Kasab is not hanged yet!

 We should let the law take its course. i.e if verdict goes against
Kasab, let him appeal in High Court then Supreme Court and
finally Mercy petition to President (if Kasab takes one year to
justice- even after having a special court for him, how much time
a common man’s case will take in a common court?)
 More than a hundred witnesses have to be examined and
thousands of pages worth chargesheets is to be read so it takes
time. Now in this case
o if one witness proves he killed people- Maximum
punishment he can get is death.
o if 100 witness prove he killed people- Maximum
punishment he can still get is death.
o So why waste everyone time?
 If we immediately hang him we wouldn’t be able to extract more
info from him
 First the involvement of pakis in 26/11 must be ‘exposed’ via him
and pakis must be humiliated for it.

Now my question : Expose and Humiliate pakis in front of whom?

1. America / EU / Western World


1. You think they don’t know about it already?
2. you think they’ll stop giving aid /visa to Pakis?
2. Indians (show me an Indian that thinks pakis are not involved )
3. many poor people in the distant rural parts of India who have no
access to TV/ newspapers, they might even not know who’s
kasab? What is difference between PM / CM / President
/Governer? .. but in that case we are humiliating ourselves for
failure to improve their lives.

I’m not saying hang kasab next minute. (Perhaps he can give more
info on David Headly issue) but atleast media shouldn’t go mute on it.
But this again is a non-issue for media.

Sports Coverage
Glorifying our sportsmen (other than crickers)

There aren’t many opportunities for sportsmen and women in hockey,


football, chess, badminton, billiards, swimming, atheletics, boxing,
wrestling etc: to earn lot money, compared to opportunities available
to the cricketers. But they’veRIGHT TO EARN OUR RESPECT,
FAME AND RECOGNITION, which can only be secured by the
media. But in reality, for the media- Saina Nehwal or Vijindar Singh
aren’t worth giving even half hour coverage.
Yesterday: Sri Lanka’s 591 Runs

Media got a refreshing change from the routine 2012 / Taliban


coverage when our cricketers gave them a new issue : 591 Runs by
Sri Lanka in Motera Stadium’s Test match and how our players were
white washed by them. So expect those 30 minutes coverage every
2nd hour for next few days till something new comes.

Positive side
 if you’re a non-cricket sportsman then you wouldn’t get 2 hours
criticism every day in case you fail in some game (unlike the
cricketers) hence you wouldn’t get Demoralized or demotivated
from your failure.

International events
Obama’s “Tibet belongs to China” Comment

 Obama went to China (& pleased Hu Jintao by saying Tibet


belongs to China) ,
 Obama hasn’t come to india & said “Kashmir Belongs to India”
(to please Manmohan Singh)
 Obama went to China but did not come to Delhi (which is just a
half hour’s ride for his superfast air-force one from China!)
 Instead Manmohan Singh is going to Washinton next week to
meet him.
 this shows that either
o India isn’t that important or powerful/hard nation that the
President of United States should pay a visit to it. (are we
a soft state?)
o India can’t play mind games and ransom tactics like
Chinese but acts like an obedient employee and would
oblige to all Climate change / economy issues unlike
China.
o Obama thinks that since we are purchasing nuke material
from them / or that they already have done us the favor by
getting us through N.S.G. hence we don’t deserve much
attention right now

but I guess this is a non-important issue for media.


there is nothing to sensationalize in this news so media isn’t covering
it. (and our media men lack the knowledge of foreign policy beyond
Pakistan / Taliban , to talk anything really meaningful on this.)

G8-WTO-Climate Change

What was the last time did you see any decent coverage of it by our
media, That’d inform a common man about the positive and negative
aspects of them with out going in to technical jargon and statistical
graphs?

Kids falling in bore-well


Thieves steal the lids of borewells, or Govt. forgets to put lids on the
first place.
In either case some poor Kid falls in it, gets 24/7 media attention until
he is rescued or declared dead.

 What was the last time you saw a media man doing coverage of
other lid-less bore wells after the episode was over?
 What was the last time when a media man tried to investigate
find where all those lids go?

National integration & Role of media


Crime

If someone is robbed, committed suicide or killed in accident in Delhi-


its shown in headlines.
Media is addicted to sensational crime reporting, but the crimes
happened in other states/ places will find place only in their special
‘crime reporter’ program- but rarely in the ‘headlines’
Naxal / Maoists

Their attacks are rarely reported for more than 2-5 minutes. (except
the last hijack of Rajdhani Express but then there was no follow up-
media stopped covering it from on 3rd day.)
Result

1. The news are heavily biased – covering more about things


important for urban centres.
2. The problem of poor states rarely finds coverage. (except
Madhu Koda but now they forgot him because we’ve got David
Headly.)
3. The people of North / West states are uninformed of the
problems of other areas (South/NE./Red corridor)
4. The people of Southern / North Eastern states won’t watch these
news channels (as they see no coverage of their areas) and
would see their own regional channels = they also remain
uninformed of the problems of North / West India.

this in turn creates a passive psychological unawareness –lack of


sensitivity of the urban people that their problems (of the poor states)
are not our problems. Anything good or bad happening in South India
or North East India is again not our concern=harm to national
integration. . + Christmas Time for politicians because their failure to
curb insurgency/maoists is not exposed by media.

Rural / Urban integration

Drinking water/ sewage/ traffic problems of cities would get more


attention by media men.

The problem of rural people that rarely find coverage in media-

1. payment of NREGA Wages (Airlines strikes is more imp.)


2. education – absenteeism of teachers (rise in fees in Delhi’s
Posh schools / admission problems are more imp.)
3. medical facilities (Seasonal Dengue coverage in Delhi is more
imp than the 2 Lakh people dying from TB in rural areas every
year.)
4. identification of beneficiaries / BPL list (scandals of plot
allotment in Delhi Housing board is more imp.)

again this creates a barrier in rural / urban integration because people


on each side would think that the problems of other side are not
important. + Christmas Time for politicians because their failure to
bring change in rural areas is not exposed by media.

Besides too much coverage of terrorism (urban India’s problem) and


too less coverage of Maoist (rural /tribal India’s problem) = harm to
integration.
The counter argument to all this
1. if you don’t like news turn of the tv
2. if you feel there is so much wrong in Indian media – start your
own TV channel
3. the national integration is politicians’ responsibility.
4. Media shows what people want to see. If they start showing
boring things, they’ll lose advertisement revenue.

Conclusion:-
Media shows the things people want to see. (the kids always want to
play games and avoid school- but it’s the responsibility of the parents
to send them to school –get them educated.) hence media should
never forget their moral duty of educating the people rather than
entertaining (and scaring) them.

[Polity] Language in Parliament


Lok Sabha Speaker Meira Kumar Saturday said she is “having a look
at” the request of DMK ministers to answer questions in parliament in
Tamil.

Chemicals and Fertilisers Minister M.K. Azhagiri had said in Chennai


last week that

DMK ministers and MPs had requested parliament authorities to allow


them to raise and answer questions in Tamil.
“The request is before me. I’m having a look at it,” the speaker told
reporters here.
Citing precedents, senior Lok Sabha officials said that the

ministers should answer the questions either in English or Hindi as the


files containing the answers to questions are written in English and
Hindi.
The MPs, however, could ask questions and make speeches in their
regional languages,
AIADMK chief J. Jayalalithaa had supported Azhagiri’s request that
the Lok Sabha secretariat should extend an “interpreter service” to
him to answer the queries of MPs in Tamil. She said ministers who do
not know Hindi and English would remain mute spectators if an
interpretation service was not provided.

[Polity] Pocket Veto


The constitution gives the President the power to return a bill
unsigned but it circumscribes the power to send it back only once for
reconsideration.
If the Parliament sends back the bill with or without changes, the
President is duty bound to sign it. However, deliberately or
inadvertently, theconstitution does not set a time-limit in which the
President is obliged to approve the bill, so they may withhold
assent indefinitely. This has come to be known in legal and
constitutional circles as the “Pocket Veto”, and has been used on a
number of occasions against controversial Bills.

Use in India
 In the mid-1980s, President Zail Singh withheld assent to a Bill
passed by Parliament that gave sweeping powers to the State to
intercept mail. This was considered by the President to be an
encroachment on citizens’ freedom of speech and liberty as
guaranteed by the Constitution.
 In early 1990, President Venkataraman withheld assent to a Bill
passed by the outgoing Parliament that gave pension benefits to
themselves. This was interpreted by the President to be self-
aggrandisement.

[Polity] Human rights


What are Human Rights?
■ Human Rights are moral claims which are inalienable and inherent
to all individuals by virtue of their being humans alone.
History
■ Throughout history, there has been a conflict between ruling elite
and ruled.
e.g. Magna Carta-England 1215.
■ French Declaration of Rights of Man and of Citizen-1789.
■ American Bill of Rights.
■ Since First World War, League of Nations took some initiative.
■ ILO was created in 1919.
■ International Slavery Convention was signed in 1926
■ But during 1920s and 30s massive abuse of human life and dignity
based on race, religion and nationality were there.
■ UNO was established after World War II.
■ Art I of UN Charter: ‘To achieve international co-operation in
promoting and encouraging respect for human rights and for
fundamental freedom for all without distinction as to race, sex,
language or religion.’

Universal Declaration of Human Rights


General Assembly of United Nations adopted and proclaimed
Universal Declaration of Human Rights on December 10, 1948.
■ Art 1: All human beings are born free and equal in dignity and rights.
■ Art 2: Everyone is entitled to all rights and freedoms set forth in this
declaration without distinction of any kind such as race, colour, sex,
language, religion, nation, property, birth or other status.
■ Art 3: Everyone has right to life, liberty and security of person.
■ Art 4: Slavery and slave trade is prohibited.
■ Art 5: No one shall be subject to torture.
■ Art 7: All are equal before law and are entitled to equal protection of
law.
■ Art 9: No one shall be subject to arbitrary arrest, detention or exile.
■ Art 15: Everyone has right to a nationality.
■ Art 18: Freedom of thought, conscience & religion.
■ Art 23: Right to work.
■ Art 26: Right to education.

Indian Constitution and Human Rights


■ Art 13: Boldly declares that all laws in so far they are inconsistent
with Fundamental Rights, be void, to extent of inconsistency, and
further State shall not make any law which takes away or abridges
these rights and any law made in contravention, shall be void.
■ Art 14: Secures equality before law to all persons.
■ Art 15: Prohibits discrimination among citizens on ground of religion,
race, caste, sex or place of birth.
■ Art 16: Ensures equal opportunity to them in matters of public
employment.
■ Art 19: Assures freedom of speech and expression, right to
assemble peacefully and without arms; to form association and
unions; to move freely throughout territory of India; to reside and settle
in any part of country, trade and business etc.
■ Art 21: Guarantees equal protection of law and prohibits deprivation
of life and personal liberty.
■ Art 23: Prohibits traffic in human beings and forced labour.
■ Art 24: Prohibits child labour.
■ Art 25-30: Assures freedom of conscience and right to manage
religious institutions; as well as makes provisions for protection of
minorities and their places of worship and educational institutions.
■ Directive Principles of State Policy (DPSP) provides for a lot of
social and economic benefits for citizens to be attained in future.
■ In addition to these, there are several laws of a reformative
character like Employees State Insurance Acts, Dowry (Prohibition)
Act, Bonded Labour (Abolition) Act, Minimum Wages Act, Workmen
Compensation Act, Protection of Civil Rights Act, Environmental
Protection Act, etc. which try to ensure safety and security against
various evils.

National Human Rights Commission


■ In keeping with spirit of human rights movement all over world,
National Human Rights Commission (NHRC) came into existence
in India through an Ordinance promulgated on 28th September 1993
by President of India.
■ However, soon Ordinance was replaced by a statute called
Protection of Human Rights Act, 1993 which came into force in 1994.
This Act provides for setting up NHRC at Centre as well as one
Commission each at State level.
■ National Human Rights Commission is designed to protect human
rights, defined as “rights relating to life, liberty, equality and dignity of
individual guaranteed by Constitution or embodied in International
covenant and which are enforceable by Courts in India” (Protection of
Human Rights Act, 1993).

Composition
• NHRC consists of a Chairperson and four members, all of them
being full-time members.
• Apart from these full-time members, Commission also has its
deemed members as Chairpersons of National Commission for
Minorities, National Commission for SCs & STs and National
Commission for Women.
• multi-membership is intended to reinforce independence and
impartiality of Commission. Of five members including Chairperson,
three are to possess high level judicial background and remaining
must have knowledge of or practical experience in matters relating to
Human Rights.
• Chairperson must be no less than a former Chief Justice of India.

Functions
• It can intervene in any legal proceedings involving an allegation of
violation of Human Rights.
• It can also, visit, with prior approval of State Government, any jail to
study living conditions of inmates and make recommendations.
• It can review safeguards provided by or under Constitution or any
law for protection of Human Rights and recommend measures for
their effective implementation.
• Commission also reviews factors, including acts of terrorism, that
inhibit enjoyment of Human Rights and recommends remedial
measures.
• It also undertakes and promotes research in field of Human Rights.
• Finally, it encourages NGOs working in field of Human Rights.

Autonomy of Commission
• autonomy of Commission is derived from method of appointment of
its members, their fixity of tenure, and statutory guarantees.
• Chairperson and members of Commission are appointed by
President on basis of recommendations of a committee comprising
Prime Minister as chairperson, Speaker of Lok Sabha, Home Minister,
leaders of Opposition in LS and RS and Dy. Chairperson of RS as
members.

Working of Commission
• Commission has all powers of a Civil Court.
• It has its own investigating staff for investigation into complaints of
Human Rights violations.
• It is open to Commission to utilise services of any officer or
investigation agency of Central Government or any State
Government.
• Commission while inquiring into complaints of violations of human
rights may call for information or report from Central Government or
any State-Government, or any other authority or organisation
subordinate thereto within such time as may be specified by it.
Commission may take any of following steps upon completion of an
enquiry:
1. Where enquiry discloses Commission of violation of Human Rights
or negligence in prevention of violation of Human Rights by a public
servant, it may recommend to concerned Government or authority
initiation of proceedings for prosecution or such other function.
2. Approach SC or HC concerned for such directions, orders, or writs
as that court may deem necessary.
3. Recommend to concerned Government or authority for grant of
such immediate interim relief to victim or members of his family.
authority or State Government or Some of Programmes and Human
Rights issues taken up by Commission include:
• Review of Child Marriage Restraint Act, 1929
• Protocols to Convention on Rights of Child
• Preventing Employment of Children by Government Servants:
Amendment of Service Rules
• Abolition of Child Labour
• Guidebook for Media on Sexual Violence against Children
• Trafficking in Women and Children : Manual for Judiciary for Gender
Sensitization
• Sensitization Program on Prevention of Sex Tourism and Trafficking
• Maternal Anaemia and Human Rights
• Rehabilitation of Destitute Women in Vrindavan
• Combating Sexual Harassment of Women at Work Place
• Harassment of Women Passengers in Trains
• Abolition of Manual Scavenging
• Dalits issues including atrocities perpetrated on them
• Problems faced by Denotified and Nomadic Tribes
• Rights of Disabled
• Right to Health . HIV/AIDS
Central Government to whom Commission recommends for action
has to indicate its comments/ action taken on report/recommendations
of Commission within a period of one month in respect of general
complaints and within a period of three months in respect of
complaints relating to Armed Forces.

[Polity] Constitutional body vs statutory body.


From a question asked in IO forum
Please tell me the basic difference between a Constitutional body and
a Statutory body? I got confused from this case:- Panchayati Raj
bodies were created after amending the constitution and Central
Administrative Tribunal was also created after amending the
constitution but former is a constitutional body whereas other is a
statutory body.Both were created after amending the consitution, both
have origin from a constitutional article and both were implemented by
an act of Parliament, so why they have different nomenclature?

My answer:-
A statutory body
can simply be abolished by an act of the parliament with simple
majority.

Parliament could get tired of them and get rid of them easily.
e.g. CAT,CVC,CIC.

Constitutional authorities,
on the other hand, are written into the Constitution of a nation
and can’t be abolished without amending that part of the Constitution
which sometimes also requires consent of the states. And also can be
invalidated by the Supreme court.
e.g. EC,CAG,SC/ST Commission.

Immunities given to Constitutional bodies


1. they can be removed : only on proved misbehavior. and its the
Supreme court that Decided whether they misbehaved or not. = their
office doesn’t depend on the ruling party’s majority in the Parliament.
2. their salary, powers and rights are mentioned in the Constitution
itself-and parliament can’t reduce it once they’re appointed.
Its charged on the Consolidated Fund of India = Parliament can’t
vote on It during budget. (however the salary can be reduced if
President declares a financial emergency.)
and if parliament wants to do this- then they need to amend the
Constitution. and Supreme Court has power to invalidate it, if found
inconsistent with the basic principles/Structure.
Such immunities are not enjoyed by Statutory bodies.

the main difference we can say is the Word may and


Shall
CAT
323A. (1) Parliament may, by law, provide for the Administrative

adjudication or trial by administrative tribunals of tribunals.

so following this ‘May’ – parliament made an Act to provide for CAT


hence its statutory.
there is no Constitutional obligation on the parliament / Central Govt.
to make a law to appoint CAT etc.
so-their office can simply be abolished by an act of the parliament with
simple majority and Supreme court can’t repeal it because of the
discretion given to parliament regarding this part.
Panchayati Raj ( Constitutional body)

on the other hand for for Panchayati Raj (for Constitutional body)

as 243B. (1)

There shall be constituted


in every State,

Panchayats at the village, intermediate and district levels

in accordance with the provisions of this Part.


the ‘shall’ means – it must be formed – doesn’t depend on the mood
and majority of the parliament /states.here its the Constitutional
obligation on the Govt. form Panchayati Raj bodies.
if State Govt. obstructs it- then it amounts to ‘state Govt. unable to
carry out business as per provisions of Constitution’= President’s rule
can be declared.
other ‘Shalls’ in the Constitution (Constitutional bodies)…
CAG ( Constitutional body)
148. (1) There shall be a Comptroller
and Auditor-

General of India who shall be appointed by the President

by warrant under his hand and seal and shall only be

removed from office in like manner and on the like

grounds as a Judge of the Supreme Court.

EC( Constitutional body)


324. (1) The superintendence, direction and contro

of the preparation of the electoral rolls for, and th

conduct of, all elections to Parliament and to th

Legislature of every State and of elections to the office

of President and Vice-President held under thi

Constitution shall be vested in a Commission.

(referred to in this Constitution as the Election


Commission).

Constitutional Reforms in British India (Study note for


GS History, Public Administration )
Regulating Act, 1773:
 End of Dual govt.
 Governor of Bengal to be the Governor – General of British
territories of India.
 Establishment of Supreme Court in Calcutta.

Pitts Act of 1784:


 gave the British Government a measure of control over the
company’s affairs.
 company became a subordinate department of the State.

Act of 1786:
 Governor General given the power to over-ride the Council and
was made the Commander-in-chief also.

Charter Act of 1793:


 Company given monopoly of trade for 20 more years.
 laid the foundation of govt. by written laws, interpreted by courts.

Charter Act of 1813:


 Company deprived of its trade monopoly in India except in tea
and trade with China.

Charter Act of 1833:


 End of Company’s monopoly even in tea and trade with China.
 Company was asked to close its business at the earliest.
 Governor General of Bengal to be Governor General of India
 (1st Governor General of India was Lord William Bentinck).

Charter Act of 1853:


 The Act renewed the powers of the Company and allowed it to
retain the possession of Indian territories in trust of the British
crown.
 Recruitment to Civil Services was based on open annual
competition examination (excluding Indians).

Government of India Act, 1858:


 Rule of Company in India ended and that of the Crown began.
 A post of Secretary of State (a member of the British cabinet) for
India created.
o He was to exercise the powers of the Crown.
o Secretary of State governed India through the Governor
General.
 Governor General received the title of Viceroy. He represented
Secretary of State and was assisted by an Executive Council,
which consisted of high officials of the Govt.

Indian Council Act, 1861:


The Executive Council was now to be called Central Legislative
Council.

Indian Council Act, 1892:


Indians found their way in the Provincial Legislative Councils.

Indian Council Act, 1909 or Morley-Minto Act:


It envisaged a separate electorate for Muslims.

Government of India Act, 1919 Or Montague-Chelmsford


Reforms:
 Dyarchy system introduced in the provinces.
 The Provincial subjects of administration were to be divided into
2 categories:

1. Transferred
1. administrated by the Governor with the aid of ministers
responsible to the Legislative Council
2. Reserved
1. The Governor and the Executive Council were to
administer the reserved subjects without any
responsibility to the legislature.

 Indian legislature became bicameral for the first time, it actually


happened after 1935 Act.

Government of India Act, 1935:


 Provided for the establishment of All-India Federation consisting
of
o British Provinces
o Princely States.
 The joining of Princely States was voluntary and as a result the
federation did not come into existence.
 Dyarchy was introduced at the Centre (Eg, Department of
Foreign Affairs and Defence were reserved for the Governor
General).
 Provincial autonomy replaced Dyarchy in provinces. They were
granted separate legal identidy.

Burma (now Myanmar) separated from India.


This is Very Important topic for

1. General Studies – Prelims + Mains (History Section )


2. Public Administration (Evolution of Indian Administration , Union
Govt.) – Prelims+ Mains