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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 companys affairs.

company became a subordinate department of the State.

Act of 1786:

Governor General given the power to over-ride the Council and was made the Commander-in-chief also.
Charter Act of 1793:

Company given monopoly of trade for 20 more years.

laid the foundation of govt. by written laws, interpreted by courts.

Charter Act of 1813:

Company deprived of its trade monopoly in India except in tea and trade with China.
Charter Act of 1833:

End of Companys monopoly even in tea and trade with China.

Company was asked to close its business at the earliest.

Governor General of Bengal to be Governor General of India

(1st Governor General of India was Lord William Bentinck).

Charter Act of 1853:

The Act renewed the powers of the Company and allowed it to retain the possession of Indian territories in trust of the
British crown.

Recruitment to Civil Services was based on open annual competition examination (excluding Indians).
Government of India Act, 1858:

Rule of Company in India ended and that of the Crown began.

A post of Secretary of State (a member of the British cabinet) for India created.

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He was to exercise the powers of the Crown.

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

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.

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CBI/ NCW etc Independent offices?

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Ans. CBI is theoritcally Independent as it derives its powers from Delhi Special Police Estabilishment act 1946 otherwise CBI is
controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension which
reports to PM.
regarding Finance Commission + CAG + UPSC + Election Commission
theyre Independent Commissions provided by the Constitution of india. (theyre Constitutional offices)
regarding TRAI = its independent regulator = Administrative adjudication (i.e. it works like a court but doesnt fall under the
judiciarys direct control like SCs control over HC) and its not under direct control of Executive either. so its Independent
Unique ID and planning Commission were made by Executive (i.e. the PM) for the convenience in work but they dont answer to
any ministry thus Independent.
CVC & CIC get its powers from laws made in 2003 & 2005 respectively, so its a statutory office and they dont answer to any
ministry so theyre also Independent.
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Election Commision : Some GK concepts and 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.

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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.

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[Polity] It is Union Government not Central Government

Quasi-federal structure of our polity.

India is a Union of States.

Constitution of India uses the word Union Government and State Government

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It talks about the distribution of power between the Union Government and the State Government. It provides for Central
Union List, State List and Concurrent list. It provides for Central Union Public Service Commission and State Public
service Commission

Official Government site of Agriculture ministry mentions Sharad Pawar is Honble Union minister of Agriculture (Not
Honble Central Minister of Agriculture).

Saying Centre would mean others are peripheral chillar party,

Its not the case. State Governments have their own authority, jurisdiction and status derived from the Constitution.

Same way Dalit it not the official word in Constitution, it is Scheduled Castes.

Some old professors and interview panelists are very peculiar about choice of words, and get irritated pretty quickly over
such minute issues, so one should be careful.

Of course these words are so commonly used, we dont say Unionly Sponsered schemes :) But
When you keep saying Central Government Central Government everywhere in your answer during the interview,
they pick up a negative impression that youre not well versed in the Constitution or the concept of Federalism = just
another amateur player. (-Tip given by a retired IAS officer in a UPSC prep-seminar in Ahmedabad).

Thats why I was cautioning the readers.

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Senior Citizens Welfare Act 2007 : Salient Features

The act defines senior citizen as any citizen of India aged 60+, whether living in India or not.

Every Senior Citizen who is unable to maintain himself from his own income, can claim maintenance from his children.

A childless Senior Citizen can claim maintenance from his relative who is in possession of, or would inherit his property.
Maintenance Tribunals

State Governments are to constitute Maintenance Tribunal at Sub Divisional Level.

Senior Citizen may submit application for maintenance to this tribunal.

If Senior Citizen is incapable of making a application himself, any other person or registered NGO can file complaint on
his behalf.

State Governments have designate the District Social Welfare Officer or an equivalent officer as Maintenance Officer, who
can then represent a parent, on request, before a Maintenance or Appellate Tribunal.

Lawyers cannot represent any party before the Tribunals

Punishments

Maintenance Tribunal can award up to Rs. 10,000 per month as maintenance allowance payable to the senior citizen by
his child/relative. Theyve to give judgment in 90 days.

If child/relative is neglecting the senior citizen after getting his property, then Tribunal Appeal can declare suchproperty
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

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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.

Constitutional Bench: Meaning Importance
What is a Constitutional bench?

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

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

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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?

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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,
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

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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.

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Art 74 vs RTI : Letters between President and PM cannot be disclosed
What is the case?
Using Right to information act, one Mr.C Ramesh had sought all the letters sent by President Narayanan to Prime Minister AB
Vajpayee relating to Gujarat riots of 2002.
In 2006, Chief Information Commissioner had asked the union government to disclose those letter.
But The union government had filed an appeal against this CIC order, in Delhi High court.
Union Governments argument is that under Articles 74 and 78 of the Constitution, any advice tendered by the Union council of
ministers or correspondence exchanged between the president and the prime minister enjoyed immunity from public scrutiny.
What did Delhi HC say?
1.

Article 74(2) of the Constitution bars the disclosure of the advice given by the Council of Ministers to the President.

2. Article 74(2) of the Constitution cannot be made subservient to the RTI Act as the same could not have been the intention
of the legislature and even if it was, the same cannot come in effect without amending the Constitution.
3. Only the judges of the Supreme Court and high courts had the power to call for such material (the communications), to
peruse them, under Articles 32 and 226 of the Constitution.
4. But CIC cannot claim parity with the judges of the Supreme Court and the high courts

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5.

Therefore, CIC cannot direct the Union to produce the correspondence between the President and the Prime Minister.

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Constitutional Provisions for Scheduled Tribes (rights issue for CSAT)
Constitutional Provisions / Safeguards for Scheduled Tribes, can be divided into two parts
1.

Protective

2. Developmental.
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 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

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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).

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Besides, provisions are also made in the fifth and the sixth Schedule of the constitution

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Inter linking of Rivers in India : Benefits, Problems, China dispute etc.
What is the inter-linking river project?

It aims to Transfer water from surplus to water deficit areas in the country.

Inter-Linking River Program will help saving the people living in drought-prone zones from hunger and people living in
flood-prone areas from the destruction caused by floods.
History

During the British raj, an Engineer Sir Arthur Cotton had sought to link the Ganga and the Cauvery to improve
connectivity for navigation purposes

but due to the increased railway connectivity among the areas, the idea was shelved.

In 1982, the National Water Development Agency (NWDA) was formed as an autonomous body entrusted with the task to
carry out the water balance and feasibility studies of the river linking program.

In Feb 2012, Supreme Court, gave its go-ahead to the interlinking of rivers and asked the government to ensure that the
project is implemented expeditiously.
States : Favour and Oppose

State

Reason

In Favour =Tamil Nadu.

no major river originates in the state; it is dependent on inter-state rivers.

Assam, Sikkim and Kerala

oppose the idea

they want exclusive right to use their water resources and that such transfers should
not affect any rights of these states.

Due to reluctance of certain states, the Centre has not been allowed to undertake detailed surveys.

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Whatre the benefits?

Irrigating 35 million hectares;

Enabling full use of existing irrigation projects;

Generating power to the tune of 34,000 mw with added benefits, including flood control.
What is the cost?

Cost of the project was estimated at 5,60,000 crore;

the true cost can known only when the detailed project reports of the 30 river link projects are drawn up

So far only Ken-Betwa project is under survey.

Ken-Betwa river link

It is the only project for which the detailed project report has been prepared,

In 2005, MoU was signed between Union Water ministry, CMs of MP and UP.

Approximately 8,650 ha of forestland in Madhya Pradesh is likely to be submerged for the project; and part of that
forestland is a part of the Panna National Park

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Constitutional Provisions: Water

Subject water is placed in the Constitution in Entry 17 of List II (State List) of Schedule VII.

However, the caveat is Entry 56 of List I (Union List), which says, Regulations and development of inter-state rivers and
river valleys to the extent to which such regulation and development under the control of the Union is declared by
Parliament by law to be expedient in the public interest.
What is the problem?

Unfortunately, the Centre has made little use of the powers vested in it vide Entry 56 of List I.

The result is that by virtue of Article 246 read with Entry 17, List II, states have exclusive jurisdiction over waters that are
located within their territories, including inter-state rivers and river valleys.

It is arguably this status of water in the Constitution that constrains the highest in the executive and the judiciary, despite
their pronouncements on and commitment to resolving the problem.

It has also stopped the Centre from establishing allocation rules and clearly defined water rights among states that have
unending disputes over the sharing of inter-state water resources.

The latest example is the second Krishna Water Disputes Tribunal, which has turned into a warzone, with a battery of
lawyers, technical staff and irrigation department officials from Maharashtra, Karnataka and Andhra Pradesh fighting to
win the maximum allocation of the Krishna river for their respective state.
What is CLNNUIW)?

Convention on the Law of the Non-Navigational Uses of International Watercourses : it is

a document adopted by the UN on May 21, 1997, pertaining to the use and conservation of all waters that cross
international boundaries, including surface and ground water.

Unfortunately, the convention is not yet ratified.

Alongside the US, China, Canada and Australia, India is among the major opponents of the CLNNUIW.
Indo China Water Disputes?

China has several projects in west-central Tibet that may reduce the river water flow into India+Bangladesh.

There are reports that China is planning to divert 200 billion cubic metres (BCM) of the Brahmaputra from south to north
to feed the Yellow River.

If this is true, India will face a severe crisis once the Chinese projects are completed.

Many of the hydel projects in the Northeast India may have to be shelved.

Of the 1,900 BCM of river runoff available in the country, about 600 BCM is generated in the Brahmaputra, one can
imagine what would happen if the bulk of this is diverted by China.
World Bank report on Indias Water Policy

It says:

India is faced with poor water supply services, farmers and urban dwellers alike have resorted to helping themselves by
pumping out ground water through tube-wells.

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it has led to rapidly declining water tables and critically depleted aquifers, and is no longer sustainable (at many places).

government actions including the provision of highly subsidised or even free power have exacerbated rather than
addressed the problem

India is getting seriously water-stressed; and we need to act fast. Water has to be treated not as a local resource, but a
global resource.
Whats the solution?

We need to see if a change in its constitutional status is required

We also need to enhance our water-storage capacity, as we suffer the most from the vagaries of the monsoon.

River-linking project, alongside a chain of water-conservation projects, would offer a solution.

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Gorkha Territorial Administration (GTA): Origin, Difference from Darjeeling Gorkha Hill Council (DGHC)
Difference between DGHC vs GTA?
Darjeeling Gorkha Hill Council (DGHC)

Gorkha Territorial Administration (GTA)

The DGHC had 28 seats.

GTA has 45 seats and five nominated members.

DGHC started with 19 departments in 1988

GTA will start with 54 departments along with 14 executive

members.

Power in the DGHC was centralised and rested with Subhas

Ghising who was the chief of the DGHC.

power has been decentralised and there will be a chairman and

chief executive who will run the GTA along with other executive
members.

DGHC did not have the power to prepare the budget for its
departments. It would receive funds as part of the state
governments budget.

GTA can have its own budget and can allocate funds to various
departments.

DGHC was given an annual grant of Rs 22 crore by the

Central government

GTA will receive a grant of Rs 200 crore every year for the next
three years.

DGHC did not have the power to create posts of Group C and
Group D and it could not generate employment.

GTA will have the power to create Group D staff.

DGHC did not have the power to amend any rule.

GTA has the power to prepare its regulations and send them to
the state government as recommendation.

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Surrogate Mothers: Meaning, Arguments in favor and against, legal framework in India
What is Surrogate reproduction?

Husband has healthy sperms and Wife has healthy eggs

but Wife cannot carry a baby to its full term. For example, Aamir Khans wife Kiran Rao suffered a miscarriage earlier and
had uterine medical problems so the couple opted for surrogacy.

In surrogacy: Wifes egg is fertilized with husbands sperm through in-vitro fertilization (IVF) and an embryo is created.
(In Vitro=outside body. In-vivo=inside body.)

This embryo is implanted in the womb of a surrogate mother, she will carry It for nine months and deliver the baby.

Baby thus produced, will have genetic make-up of the husband and wife (and not that of surrogate mother.)

The cost for a surrogate and the entire procedure in India is one-third that in North America or Europe, which makes
India the favourite destination of the reproductive tourist industry.

Besides, Surrogacy is banned in France, Germany, Italy, Spain, 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.

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It provides for advisory and regulatory bodies at central and state levels.

Regulators will be able to receive and evaluate complaints and pass them on to a magistrate for trial, if necessary.

But it is still a bill and not a law.

Arguments for Essay/ Group discussion (GD)
Anti-Surrogacy

1.

Because of (relatively) cheap Surrogacy in India, less orphans are getting adopted by well to do families abroad.

2. Isn't it self-indulgent to demand a "copy" of oneself, when so many orphans stand in need of loving homes?
3. The physical stress, risks, emotional and physical trauma to the surrogate mother, and then the abrupt separation from
the baby carried in the womb for nine months are immaterial.
4. (pro) Surrogate mother is asserting her independent agency to make choices to better her life and those of her family.
(anti) But what does choice mean when she did not choose to be poor, she did not choose to be unemployed, she did not
choose to live in a country where children die of starvation?
5.

It is inhumane to use a womans social and economic vulnerability to commercially exploit her womb as a commodity to
make handsome profits.

6. The use of surrogacy, especially the wide use, might lead to a cheapening of our idea of what it is to be a person, to a
decline in self-respect. It might cause future generations, for example, to think of the human embryo or fetus as
interchangeable parts, reproduction as a mechanical process, wombs as organs for rent, etc. The implication is that
thinking of ourselves in this fashion would bring serious negative consequences the designer baby syndrome for
example, pick DNA of Sachin for Stamina, DNA of Bacchan for Height, Hrithik Roshan for white skin and thus assemble
an embryo like assembling a mobile phone or computer.
Pro-Surrogacy Arguments
1.

Surrogate mother is asserting her independent agency to make choices to better her life and those of her family

2. The argument given that less orphans are getting adopted- well there is no reason why the infertile couple should have a
special duty to adopt needy children; those with their "own" could also adopt others If their financial situation permits.
3. If Government makes a law to ban surrogacy in India, then market will go underground and the surrogate mothers would
be exploited even further, because they cannot approach the law enforcement agencies. So, surrogacy should not be
banned, it should be regulated.
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National Intelligence Grid (NATGRID): Meaning, Use, Controversy
NATGRID

26/11 attacks on Mumbai led to the exposure of several weaknesses in Indias intelligence gathering and action networks.
So, Chindu came up with the idea of National Intelligence Grid (NATGRID)

NATGRID will integrate 21 categories of data from agencies like

1.

Banks,

2. Railways and airlines,

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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

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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

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 Indias NATGRID.

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+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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National Counter Terrorism Center (NCTC): Meaning, functions, Controversy
Introduction: The Need for NCTC

National Counter Terrorism Center (NCTC)

After the 26/11 attacks, Government felt the need to setup a separate body to deal with terrorism.

NCTC is modeled on the American NCTC and Britains 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?

USAs 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.
Power to Arrest without informing State Government

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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]

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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Amicus Curiae: Meaning, Significance
The expression `PIL' means a legal action initiated in a Court of law for the enforcement of public interest or general interest in
which the public or a class of the community has pecuniary interest or some interest by which their legal rights or liabilities are
affected - See more at: http://www.legalblog.in/2011/02/public-interest-litigation-definition.html#sthash.S3UYL0zH.dpuf
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

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In many high-profile PILs, the courts appoint an amicus curiae, to assist them in formulating a viewpoint and to make
inquiries and reports.

In several major PIL judgments on prison reform, terrorism, environment, mentally deficient litigants, freedom of the
media, unauthorised occupation of government premises and unauthorised constructions, decisions have been based on
the assistance provided by the amicus.
#2 Doing Investigation

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

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Article 371-J: Special Status for Hyderabad-Karnataka region (118th Constitutional Amendment Bill)
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
soilpolicy in education and employment)

Has been amended many times, to include new articles, for example
What is Article 371-J?

Itll grant special status to six backward districts of Hyderabad-Karnataka region to

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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. Theyve district / area wise vacancies and separate educational qualifications
according to areas. For example Soldier (General Duty) minimum requirement
a.

Candidate should have passed class 10, if he is from Jaisalmer and Barmer Dists of Rajasthan.

b. But if hes from Andaman & Nicobar Group of Islands, he can compete even if he is merely passed class 8.
4. Earlier, if you wanted to contest for Rajya Sabha election from a particular state, you had to be ordinary resident of that
state (e.g. Mohan had to buy a house in Dispur to get the voters card and fight Rajya Sabha elections from Assam.) But
then parliament amended to Representation of People in 2003 and removed this provision.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Public Procurement Bill 2012: Meaning, Salient Features, explained
What is Public Procurement?

public procurement means how the public authorities the Central and State governments, ministries/departments,
public sector undertakings or state-owned enterprisesspend public money buying goods and services.

For example, a department purchasing vehicles, office equipment, computers, stationary, air-conditioners, refrigerators,
buildings, etc.
What is the problem in Public Procurement system?

A back-of-the-envelope assessment reckons that Indias public procurement systems account for more than Rs. 10 lakh
crore of business every year which is more than 30 per cent of countrys GDP.

Lot of Corruption during the tender/bidding process.

There are imperceptible pressures from trading partners such as the EU that foreign companies should be allowed to
easily participate in Indias public procurement process.

At present there is no single legislation providing guidelines for public procurement and for giving punishments to bribe
givers and bribe takers.

So Finance ministry introduced Public Procurement Bill, 2012 in Lok Sabha.

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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.

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Ministry/Department shall not limit participation of bidders or discriminate against or amongst bidders except for the
protection of public order and morality, animal or plant life, intellectual, national security. (means foreign companies can
also fill up tenders without trouble- thats what EU and USA wanted.)

central government may make procurement mandatory from certain bidders only on the grounds of promotion of
domestic industry, socio economic policy, or other considerations in public interest. (means Government can prevent
foreign companies from bidding, in special cases)

Government shall constitute one or more independent procurement redressal committees [under the chairmanship of a
retired High Court Judge].
o

if any prospective bidder (seller) feels that a particular ministry/department etc. did not consider his
product/services for any foul reasons (e.g. if he feels that since he did not give bribe so his tender was rejected) -so
in that case he may file an application with such a committee.
Punishment

Bill states different degree of penalties for offences such as taking bribes in respect of procurement, interference with the
process, making vexation, frivolous or malicious complaints, and abetment of offences.

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.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
2nd ARC : Disaster Management (3rd Report) Gist of Chapter 1 to 3
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.

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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

Geological events:

earthquakes,

tsunamis,

landslides

avalanches;

by environmental degradation

by accidents.
o

by biological activities

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by hostile elements

public health crises, epidemics etc;

war, terrorism, extremism, insurgency etc;

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,

during crisis

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.

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40 million hectares of the countrys land area is prone to flood

68% of the area is susceptible to drought

investment in disaster prevention and mitigation is highly cost effective: for example, every dollar spent on mitigation
saves three to five dollars on relief and rehabilitation

Unfortunately, long-term benefits of crisis prevention and mitigation have not been duly factored into our planning and
administrative systems

A brief description of some major crises/disasters, which India faces is given in the following paragraphs
Earthquakes

Himalayas the youngest among the mountain ranges

very severe earthquakes in several parts of the Himalayan and surrounding regions

This makes the entire region covering fourteen states (located in western and central Himalayas, northeast, and parts of
Indo-Gangetic basin) highly prone to earthquakes.

The other seismically active regions of the country include the

o

Gulf of Khambhat

Rann of Kutch in Western Gujarat,

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

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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.

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

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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.

The total estimated value of damages is Rs.11,000+ crores (Approx US $2.56 billion)
Floods

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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;

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

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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,

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.

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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

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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

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Slow vs Rapid Onset disasters

Slow onset disaster

Rapid onset disaster

climate change (global warming), desertification, soil degradation, and droughts,

Earthquakes, cyclones, floods, tsunamis

Also known as Creeping Emergencies.their impact is not felt immediately.

Climatic Change

Climate change is defined as a statistically significant variation in either the mean state of the climate for an extended
period (typically decades or even longer)

Global warming caused due to the Greenhouse effect is one of the major reasons for climate change.

Global warming leads to melting of glaciers, rise in sea level and threatens low lying coastal areas (Like the Sunderbans
and entire nations such as Bangladesh and Maldives)

Combating global warming requires urgent and concerted efforts by the international community.
Droughts

Droughts refer to a serious shortfall in availability of water, thus affecting agriculture, drinking water supply and
industry.

Droughts in India have their own peculiarities requiring appreciation of some basic facts. These are:

India has an average annual rainfall of around 1150 mm; no other country has such a high annual average, however, there
is considerable annual variation

More than 80% of rainfall is received in less than 100 days during the South-west monsoon and the geographic spread is
uneven.

Inadequacy of rains coupled with adverse land-man ratio compels the farmers to practice rain-fed agriculture in large
parts of the country

Irrigation, using groundwater aggravates the situation in the long run as ground-water withdrawal exceeds replenishment;
in the peninsular region availability of surface water itself becomes scarce in years of rainfall insufficiency
Desertification and Soil Degradation

Any kind of land degradation can be termed as desertification.

This can take place due to soil erosion, increasing alkalinity in soil and water-logging

Land degradation is estimated to affect one third of the total area of the country

process of desertification is accelerated due to continuing cultivation.

alkalinity and salinity coupled with water-logging= seriously reduces agricultural productivity and has grave implications
for our food security system.

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Sea Erosion

landward displacement of the shoreline caused by the forces of waves and currents is termed as erosion.

Coastal erosion occurs when wind, waves and long shore currents move sand from the shore and deposit it somewhere
else.

this results in permanent changes in beach shape and structure.

The impact of the event is not always seen immediately, but it is equally important when we consider loss of property that
it causes.

It takes months or years to note the impact. So, this is generally classified as a long term coastal hazard

While the effects of waves, currents, tides and wind are primary natural factors that influence the coast,

construction of artificial structures, mining of beach sand, building of dams

About 23 per cent of Indias mainland coastline of 5423 km is getting affected by erosion
Crisis/Disaster Response Mechanism in India

Arthashastra, (a treatise on public administration by Chanakya in the 4th century B.C), devoted a section to mitigation
measures to combat famines

Modern methods of crisis management began to be applied from the late 1870

After Independence, drought relief works were undertaken in areas affected by severe droughts.

With the onset of the green revolution in the late 1960s the necessity for famine relief work declined

holistic drought management programme was taken up in the form of the Drought Prone Areas Programme (DPAP).

Legislation on disaster management at the national level was enacted in the year 2005 with the Disaster Management Act,
2005
Disaster Response Mechanism in India

community is usually the first responder in case of a disaster

in urban areas the response is articulated by agencies like the civic authorities, the fire brigade and the local police station

At present, panchayats do not have the capacity to react in case of disaster.

So, it is the district administration, which retains the basic responsibility of handling crises situations with the Collector
playing a pivotal role.
Constitution of India: Disaster Management

Indian Constitution has specified specific roles for the Union and State Governments.

However, the subject of disaster management does not find mention in any of the three lists in the Seventh Schedule of the
Indian Constitution.

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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

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.

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To finance such relief work, lot of money is required.

The allocation of this money is governed by the recommendations of the Finance Commission.

Finance Commission is appointed by the Government of India every five years.

Under the existing scheme, each state has a corpus of funds called Calamity Relief Fund (CRF)

In case the funds under CRF are not sufficient to meet the specific requirements, State Governments can seek assistance
from the National Calamity Contingency Fund (NCCF)

Both these funds, as the names suggest, are meant for relief and rehabilitation and do not cover either mitigation or
reconstruction works, which have to be funded separately by the State or Union Government
Role of Army

Theyre most effective in dealing with Natural Disaster relief because of

o

their ability to organize action in adverse ground circumstances,

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:

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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

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

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.

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It may not always be possible to establish the criminal offence of misappropriation in a court, but a Government servant
can still be removed from service for unethical conduct.

E.g. An engineer may have deliberately permitted the construction of a defective irrigation dam or building. It may not be
possible to get him convicted in court on charges of corruption but he could be removed from service on grounds of
incompetence.
What is problem in Ethics?

The present codes of conducts are not direct and to the point.

They are full of vague sermons that rarely indicate prohibitions directly.

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

We always find alibi for our lapses by quoting trespass from other democratic institutions, by resorting to a blame game.

legislators blame the judiciary and vice versa

civil services blame interference by the political executive or legislatures and vice versa.

(but) The standard should be one of not only the conduct of Caesars wife but of Caesar himself.

If any of the democratic institutions leaves space, the mafia or extra-constitutional authority occupies that space.
What is Rule of Law?

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

The purpose of a government is to make it easy for people to do good and difficult to do evil (British PM Gladstone)

The word corrupt is derived from the Latin word corruptus, meaning to break or destroy.

The word ethics is from the original Greek term ethikos,meaning arising from habit.

Corruption is so deeply entrenched in the system that most people regard corruption as inevitable and any effort to fight it
as futile.

This cynicism is spreading so fast that it bodes ill for our democratic system itself.
Two Viewpoints in Fighting Corruption

First Approach:Instill
Values

The implicit assumption is that until values are restored, nothing much can be done to
improve the conduct of human beings

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Second Approach:Punish
the Guilty

most human beings are fundamentally decent and socially conscious, but there is always a
small proportion of people, which cannot reconcile individual goals with the good of
society.

purpose of organized government is to punish such deviant behaviour

If good behaviour is consistently rewarded and bad behaviour consistently punished, the
bulk of the people follow the straight and narrow path.

Both approaches should be pursued side by side because

1.

Values are needed to serve as guiding stars, and they exist in abundance in our society. A sense of right and wrong is
intrinsic to our culture and civilization

2. But Values without institutional support (and punishment) will soon be weakened and dissipated.
Mindmap
Check this Excellent Mindmap prepared from unthta.wordpress.com

3 Factors behind Corruption in India

colonial legacy of unchallenged authority and propensity to exercise power arbitrarily.

In a society which worships power, it is easy for public officials to deviate from ethical conduct

colonial-legacy

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asymmetry of
power

asymmetry of power in our society. Nearly 90% of our people are in the unorganized sector.

And nearly 70% of the organized workers with job security and regular monthly wage are employed
by the state directly or through public sector undertaking

Such asymmetry of power reduces societal pressure to conform to ethical behaviour and makes it easy
to indulge in corruption.

In the pre-LPG era, the over regulation, severe restrictions on economic activity, excessive state
control, near-monopoly of the government in many sectors and an economy of scarcity all created
conditions conducive to unbridled corruption.

many state subsidies and beneficiary-oriented programmes enhanced opportunities to indulge in

corruption and reduced the citizens capacity to resist extortionary demands.

Opportunity

Two types of Corruption

coercive corruption

Citizens are forced to pay bribes. (for example Ration card, Driving license, telephone connection).

collusive corruption

Bribe giver and bribe taker benefit at immense cost to society. (for example 2G, Coal scam)

Post-LPG Reform Era

monopoly and discretion increase the propensity to corruption while competition and transparency reduce corruption.

Telephones, steel, cement, sugar and even two-wheelers are among the many sectors, which have seen enhanced supply
and choice, reducing or even eliminating corruption after LPG reforms. (Liberalization, Privatization and Globalization)

wherever technology and transparency have been introduced, corruption has been significantly contained.

over-centralization increases corruption

The more remotely power is exercised from the people, the greater is the distance between authority and accountability

large number of functionaries between the citizen and final decision-makers makes accountability diffused and the
temptation to abuse authority strong

Right to Information, effective citizens charters have dramatically curbed corruption and promoted integrity and quality
of decision making.
The way ahead

The deregulation, liberalization and privatization are not necessarily the solution to fix corruption.

Public example has to be made out of people convicted on corruption charge.

All procedures, laws and regulations that breed corruption will have to be eliminated.

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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.

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Election reforms already in process

Improvement in Accuracy of Electoral Rolls.

provision of photo-identity cards for all voters

Supreme Court has directed that a candidate should declare any conviction by a court or whether a criminal case is
pending against him

EC has directed every candidate to file a declaration of assets and liabilities of the candidate and family members.

Article 324 = EC has power to to superintend, control and direct elections.

Using this power, Election Commission has made the Code of Conduct for elections binding in all respects.

Similarly, EC has put prohibition of festoons/cutouts,

required candidate to file on daily expenditure statements, during Election campaigns.

appointment of a large number of observers, ordering of re-poll in specific polling booths.

Electronic voting machines have been introduced throughout the country (in the parliamentary elections of 2004).

It has been decided that the death of an independent candidate would not lead to the cancellation of an election.
Election Funding

Large, illegal and illegitimate expenditure in elections is another root cause of corruption.

While there are formal limits to expenditure, in reality, actual expenditure is alleged to be far higher.

Therefore Cleansing elections is the most important route to improve ethical standards in politics
Three Patterns of State Funding of Elections

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

minimalist
pattern

UK, Ireland, Australia, New Zealand and Canada are examples of this pattern

maximalist
pattern

public funding not merely for elections but even for other party activities, as in Sweden and
Germany.

mixed pattern

partial reimbursement for public funding of elections as in France, Netherlands and South Korea

Election Funding In India

Representation of the People Act puts limits on election expenditure,

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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

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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 candidates right to contest and the communitys right to good
representation.

election outcome must be decided by the people who are the ultimate sovereigns through the ballot box.

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

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Head

Selection Committee

Chief Vigilance Commissioner (CVC)

National Human Rights Commission (NHRC)

PM

HM

Opp Leader Lok Sabha

PM

HM

Opp Leader Lok Sabha

Opp Leader Rajya Sabha

Speaker

Depty. Chairman Rajya Sabha

2nd ARC recommends that CEC and other EC should be selected through such Committee.
Disposal of Election Petitions

at present Election petitions in India are to be filed in the High Court

such petitions should be disposed of within a period of 6 months (required under Representation of Peoples Act)

(but) In actual practice however, such petitions remain pending for years and in the meanwhile, even the full term of the
House expires thus rendering the election petition infructuous.

National Commission to Review the Working of the Constitution (NCRWC) headed by Venkatchelliah, recommended that
special election benches should be constituted in the High Courts for the disposal of election petitions

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;

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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:Integrity,Objectivity,Accountability,Openness,Honesty,Leadership
Code of Conduct for 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 before his
appointment as Minister.
While being Minister

so long as he remains a Minister, he shall furnish annually by the 31 st March to the Prime Minister, or the Chief Minister,
as the case may be, a declaration regarding his assets and liabilities.

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refrain from buying from or selling to, the Government any immovable property

refrain from starting, or joining, any business;

ensure that the members of his family do not start, or participate in, business concerns, engaged in supplying goods or
services to that Government

if any member of his family sets up, or joins in the conduct and management of, any other business.

report the matter to the Prime Minister, or the Chief Minister

No Minister shoul accept contribution for any purpose, whether political, charitable or otherwise, personally, or through a
member of his family,

No Minister should not permit their spouse and dependents to accept employment under a Foreign Government.

A Minister should-not accept valuable gifts except from close relatives, and he or members of his family should not accept
any gifts at all from any person with whom he may have official dealings.

A Minister should avoid attending, as far as possible, ostentatious or lavish parties given in his honour.

He should stay in accommodation belonging Government such as circuit houses, dak bungalows etc)
Foreign Gifts

A Minister may receive gifts when he goes abroad or from foreign dignitaries in India

These gifts are of two types

#1: Symbolic gifts

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

It can be retained by the recipient minister

#2: Non-Symbolic gifts

second category of gifts would be those which are not of symbolic nature

If its value is less than Rs. 5,000/- it can be retained by the Minister.

Otherwise he will have the option to purchase it from the Toshakhana

Only gifts of household goods which are retained by the Toshakhana, such as carpets, paintings, furniture etc.

They will be kept in Rashtrapati Bhavan, Prime Ministers House or Raj Bhavan as State property.

Commission
2nd ARC on Ministers code of conduct

Ministers in the Lok Sabha must keep separate their roles as Minister and constituency member;

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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.

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#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 ARCs 4th report :Ethics in Governance. (upto Chapter #2 Minus Ethical Framework for Bureaucrats,
Judges and Regulators.)

The Member of Parliament Local Area Development Division is entrusted with the responsibility of implementation of Member of
Parliament Local Area Development Scheme (MPLADS). Under the scheme, each MP has the choice to suggest to the District
Collector for, works to the tune of Rs.5 Crores per annum to be taken up in his/her constituency. The Rajya Sabha Member of
Parliament can recommend works in one or more districts in the State from where he/she has been elected. The Nominated
Members of the Lok Sabha and Rajya Sabha may select any Districts from any State in the Country for implementation of their
choice of work under the scheme. The Department has issued the guidelines on Scheme Concept, implementation, and
monitoring. The Department has initiated all necessary steps to ensure that the scheme is successfully implemented in the field.
The progress of the works being implemented under the scheme is monitored on a regular basis
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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Indecent Representation of Women: IRWA Act amendment
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

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:

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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.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Rights of Persons with Mental illness and [Public Health] Mental Healthcare Bill: Features, Criticism
Two issues with Mental illness
#1: Taboo

Mental illness is curable just like a physical disease. Although there are some diseases where 100% cure is not available
but still with the use of drugs and therapy, a patient can serve as a productive member of the society.

Yet there exists lot of stigma and misunderstanding in the society.

By and large, society believes that if a person was mentally ill, he will remain mentally ill forever. Therefore such person
has hard time finding a job/bride/getting accepted by the society.
#2 Abuse

Sometimes the relatives of mentally ill persons, are interested in lodging him into the asylum forever- to grab his property.

Sometimes family members donot send the mentally ill person to the asylum fearing that his brothers and sisters wont
find suitable marriage partners. Then such person is forcibly confined at home, sometimes even chained and ill-treated.

There are many bogus mental health care institutes, where patients are ill-treated, sometimes even sexually abused.

The Draft Mental Healthcare bill, tries to fix both this issues.
What is Mental Illness?

a disorder of mood, thought, perception, orientation and/or memory.

Includes mental conditions associated with the abuse of alcohol and drugs, but excludes mental retardation
(e.g.Downs syndrome).
Examples of Mental Illness

Name

Symptoms

Paranoia

Patient has deep conviction that everyone, including his or her closest family members, wants to
injure or destroy him.

Heavy Depression

Patient feels that life is so dreary and unhappy that it is better to commit suicide.

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Anorexia

person has an intense fear of gaining weight. He severely restricts food intake and usually
becomes extremely thin.

Phobia

intense and persistent fear of a specific object for example telephone, spiders etc.

Obsessive-Compulsive
Disorder(OCD)

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

Schizophrenia

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

Dementia/Alzheimers
Disease

In the early stages, patient experience some memory loss then to a decrease in thinking ability
such as decision making. Later such patient cannot perform daily activities or recognize his loved
ones, because of damage in brain cells.

Rights given to 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.

A person cannot be labeled as mentally ill merely because

He took past treatment or hospitalization in mental health establishment

His behavior is in non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing in a
persons community

proof of a persons current or past treatment for mental illness shall not by itself be ground for granting divorce

No person with mental illness shall continue to remain in an asylum, merely because he does not have a family or is not
accepted by his family or is homeless. Itll be responsibility of the Government to provide them shelter/community
homes.

Mentally ill person cannot be locked up in police custody or in jail.

Right to Confidentiality

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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

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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

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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

Itll entertain the complaints from mentally ill persons / their nominated representatives.

In exceptional circumstances, the State Panel shall accept an application made verbally over telephone from a person
admitted to a mental health establishment.

Itll have judicial powers to call for evidences, witnesses.

It can impose punishment ranging from six months to two years and/or fine from Rs 10,000 to Rs five lakh

Visit jails to make sure no mentally ill person is forcibly lodged in it.

Registration, renewal and modification of advanced directives (and maintain electronic database) and give that database
to concerned psychiatrist. (explained in bottom part of this article)
Authority#3: State Mental Health Authority

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

1.

Inspect and register all mental health establishments in the state.

2. maintain and publish (including online on the internet) a register of such establishments.

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3. supervise all mental health establishments in the State and receive complaints about deficiencies in provision of services.
4. make rules and regulations for the registration of clinical psychologists, mental health nurses and psychiatric social
workers in the State.
5.

Train judicial officers, police officers, mental health professionals etc. about the provisions and implementation of this
Act.

6. Advise the State Government on all matters relating to mental health care and services.
Duties of Police Officers
Wandering people

If the police officer believes that xyz person wandering around his area, and has mental illness -then he shall to take him
to the nearest public health establishment. Two situations can happen

Situation 1:

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

Police officer shall lodge an FIR of missing person, try to find the relatives/family members of that patient.

hell produce the patient in front of magistrate, and magistrate will send him to a mental asylum for treatment.

Situation 2:

If the psychiatrist certifies that xyz person doesnt have mental illness, then

Such person will be sent to either his home or to Government establishment for homeless people.

In either situation, a homeless/wandering person cannot be locked up in police custody.

Cruel family members

If the police officer believes that xyz person living (not wandering) in his area, has some mental illness but he is forcibly
confined in his home or neglected or mistreated by his family members. (just like Anupam Kher in the movie Betaa)

Then the police officer shall bring this matter before a Magistrate, who shall decide the future course of action.
Duties of Prison Authorities

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

All sounds well and good until now. But still the experts are criticizing this bill heavily, why?
Lets examine those provisions of the bill.
Diagnosis and treatment
There are two types of patient:
Independent patients: Advanced Directives

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1.

Those in a early stage / mild disease. They are aware of what theyre doing and theyre capable of making decisions e.g.
yes I feel Ive xyz disease and I need to get treated

2. These people can write an application called advanced directives this is similar to property will. It lists the directives like
where do you want to get treatment, who is your nominated representatives to decide treatments or legal actions on your
behalf etc.
3. State Panels of the Mental Health Review Commission will keep this database and provide it to the concerned hospital or
psychiatrist.
Incapable patient
1.

Those who are suffering from some severe mental disease/emergency situation

2. Theyre completely dependent on family and relatives for every decision.

3. Such person can be admitted to a mental care institute on the written consent by his guardian/nominated representative.
But he cannot be kept in the institute for more than 30 days. After every 30 day, the psychiatrists will have to give
certificate whether he is treated or required further medical care.
4. State Panels of the Mental Health Review Commission will keep an eye on such cases.
Criticism

The State Panels will be usually under-staffed, they cannot physically visit and check every patient. And this give ample
opportunity to abuse the law for example

A private mental institute has profit motive to keep writing reports that person still needs treatment after every 30 days.

If the family members/relatives of the patient want to grab his property, theyll also not raise objection to above practice.
In fact they might encourage the private institute to keep the patient lodged in forever.

Thus this bill deprives liberty of disabled persons and favours medical professionals and psychiatrists.

the role of the judiciary has been taken off and a psychiatrist can decide whether a person can be put in mental asylum or
not.
Minor Patient

A person less than 18 years shallnot be admitted to mental care institute except in exceptional circumstances.

He cannot be given Electro Convulsive Therapy (ECT) or shock therapy.

Criticism

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

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

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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.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
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.

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Why in News?
Because CABE has come up with a Prohibition of Unfair Practices in Schools Bill 2012
Objectives of the bill?
1.

Put an end to the unfair practices prevalent in Indian schools.

2. Protect the interests of teachers and students.

Unfair Practices Prohibited under the Bill
Exploitation of Teachers
1.

recruiting teachers without qualification

2. recruiting teachers on part-time basis.

3. giving teachers and other administrative staff lesser salary than shown in the school records.
4. Exploitation of teachers through various other means (e.g. asking them to teach in more than one school ran by the same
Management.)
Exploitation of parents
1.

Demanding capitation fees/donation for admission.

2. Not giving the receipts of fees-payment.

3. Charging fees for information brochure, prospectus, admission form or an admission test (Theyll have to provide all such
information on its website or notice board.)
4. forcing students to purchase books, uniforms and other stationery from a particular shop.
5.

Insisting for private coaching in the school or outside after the school hours.

6. Providing false or misleading advertisement.

Students
1.

Allowing students to appear for board exams, without conducting classes.

2. Helping students to cheat during board exams.

3. withholding students to appear in any examination (e.g. for not paying fees)
4. expelling a student due to poor academic performance.
5.

Not showing answersheets to parents/students.

6. discrimination of SC, ST, OBC, physically challenged students.

7.

denying admission or expelling any student if he/she is reported to have any serious diseases such as HIV/AIDS.

8. corporal punishment in class. (e.g. beating the students for not doing homework.)

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9. Any type of sexual harassment.
Punishment
The bill proposes to setup following authorities
1.

State Education Tribunal

2. National Education Tribunal

Theyll receive the complaints and give punishments.

Courts cannot interfere/give stay-orders in ^their proceedings.

The burden of proof would be on the schools.

Punishment

Upto

Fine

10 lakhs (will goto the consolidated fund of India)

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))
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++
Right to carry cash and Right to be left alone
Background: Right to Carry Cash

December 2012= State Assembly elections in Gujarat. Model code of conduct (MCC) is in effect since October.

Under this Model code of conduct, EC officials started searching vehicles and premises to seize cash/(desi) liquor meant
for influencing voters.

Whenever cash, gold etc worth Rs 2.5 lakh/more were found, theyd notify the income tax (I-T) department.

and I-T officials will reach the spot in the shortest possible time for inspection.
Problems in implementation of MCC

Among Gujarati businessmen, much of the cash-transactions are carried by private couriers (and not through regular
banking channels).

So EC squads ended up seizing lot of cash that was not meant to influence voters, but just part of
routine business activities.

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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.

324

Power of supreintedence, direction and control of election =vested in an Election Commission.

HC Verdict on Right to carry cash

Supreme Court has already said that a person, as long as he does not break the law, would be entitled to enjoy life and
liberty.

Therefore, Right to be let alone is recognised to be a right that falls under Article 21 (right to life and personal liberty).

Hence Election Commissions order of seizing cash above Rs 2.5 lakh is Ultra vires (beyond powers) of EC, because it
violates Article 21

We direct the EC to stop this activity.

Search and seizure should not take place unless there is some specific input/intelligence that money is being transferred to
influence the voters.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++
IOA Suspension from IOC, National Sports Code: controversy, implications explained
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.

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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

Who

What

Total items

List I

Union

Only Union (parliament) can make laws in these matters.

100

List II

State

Only State legislature can make laws in these matters.

61

List III

Concurrent

Both union + state

52

And only (Union) Parliament can make laws for residuary matters, i.e. topics that are not covered in Iist I, II and III

Sports, cinema, theatre, amusement: these matters fall under jurisdiction of State List (item No. 33). So the first question
is
How can Union Government regulate sport?

For long, the National Sports Federations (NSF) and Indian Olympic association (IOA) have maintained that theyre
autonomous and independent. Theyre only accountable to their respective international bodies for example, BCCI to ICC,
IOA to IOC.

Therefore, Government shouldnot, cannot and must not interfere with their internal functioning!

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But in 2010, Delhi High court gave following verdict:
1.

Yes, National Sports Federations have autonomy to conduct sports. BUT international sporting events are an essential
part of diplomatic relations (Foreign affairs). That matter falls under Union list, 7 th Schedule.

2. Although Sports, cinema, entertainment fall under State List, 7th schedule BUT there are issues such as whether we
should participate in a sports event held in a particular country or not? Thatd require diplomatic clearance from Union
Government.
3. Therefore, Union Government has full jurisdiction to make regulations and laws on National Sports Federations (NSF)
and Indian Olympic Association (IOA).
National Sports Development Code 2011
Ministry of Youth and Sports, created National Sports Development Code, 2011 to set out guidelines for election and working of
IOA and NSFs.
The National Sports Code deals with many things such as
1.

Fair and transparent elections for IOA/NSF

2. Age-tenure limit for Office bearers of IOA/NSF

3. Sexual harassment of Women athletes
4. Selection of coaches
5.

Anti-Doping rules

6. Making them answerable under Right to Information Act (R.T.I).

What does National Sports Code say about elections?
1.

You cannot serve as President of IOA/NSF for more than 12 years. (4 years x 3 terms)

2. If youve already held any of these posts for more than 12 years, you cannot not compete in the elections.
3. If your age is 70 years or above, youre not eligible for the post of President, Secretary General or the Treasurer of
IOA/NSF.
Delhi High Court verdict on IOA/NSF election
A PIL was filed in Delhi High court that most of national sports federations are mismanaged and have become feudal empires of
politicians, they donot retire and keep getting elected again and again.
This has led to gross mismanagement of Sports. For example

For example, Mr Vijay Kumar Malhotra, age 80 (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.

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Why did IOC ban IOA?

Indian Olympic Association (IOA) had to conduct elections, according to National sports code (meaning buddha-log
cannot compete etc.).

If IOA did not follow National sports code, itd amount to contempt (disrespect) to Delhi High courtss order = 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 governments sports code for the elections
because it would imply that Government is interfering in sports. Thatll be a violation of the Olympic Charter and
compromise of sports autonomy.

Therefore when IOA conducted the elections, IOC suspended IOA.

Implication of IOAs Suspension?

It leads to following consequences:

1.

International Olympic Committee (IOC) gives about 90,000 dollars per year to every nations Olympic association + other
monetary help in training, coaching, scholarships etc. India will no longer receive it.

2. The officials of Indian Olympic Association, will not be invited by the IOC to attend its events like the Olympics and
Paralympics.
3. Indian athletes will not be allowed to compete under the Indian flag.
4. However, Indian athletes can to compete as as Independent Olympic Athletes But that means whatever new medals
Sushil Kumar or Mary Kom wins, they will not be counted as medals won by India.
This is not the first time. Other countries have been banned in past

Country

Why suspended?

1.

South Africa

for its apartheid policy (i.e. policy of discriminating between black and while people).

Kuwait

For Government interference.

Netherlands Antilles

South Sudan

for not forming their national Olympic Committees.

But then things are sorted out with dialogues and peaceful negotiations.
De-recognition by Government ?

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Except BCCI, no sports federation in India gets earns truckload of money. So they depend on Government for ca$h and
patronage.

If any Sports Federation doesnt fall in line with Government regulations then Government can De-recognize it.

Derecognition leads to following outcomes:

1.

Those Sport federations will not receive cash from Government.

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

After IOC suspended IOA, the Government of India also got in mood and tempo and has derecognized Indian Archery
and Boxing associations. But the reason is different.

Recently Archery Association held elections for its president and same Mr.Vijay Malhotra (age 80) got re-elected.
Similarly Boxing federations election was not held in transparent manner.

So this is against the National Development Code.

Besides Delhi High Court had ordered Government that if any National sports federation doesnt follow the code then you
must deregonize it.
Solution?

Once Archery and Boxing associations will have conduct elections again, and comply with National Sports Code,then theyll be rerecognized (if there such a word in dictionary).
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Chhattisgarh Food Security Bill 2012: Salient Features
Who is not covered?
Following families have been excluded from the benefits of Chhattisgarh Food security Bill:
1.

Those who pay income tax or property tax

2. Those who own over 4 hectares of irrigated or 8 hectares of non-irrigated land in non-scheduled areas
Given these conditions, only 10% of Chhattisgarh residents will be excluded, and 90% of the public will get the benefits of Food
security.
Who gets benefit?

Everyone who doesnt fall in above category, is covered under Food security bill.

The people are then classified into three categories and given benefits accordingly

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household

Antyodaya

priority

General

foodgrain

35 kg for Rs.1/kg

35kg for Rs.2/kg

Rice @9.50,Wheat @Rs.7.50,Max 15 kg

iodized salt

free

free

NO

black gram

2 kg for Rs.5/kg

2kg for Rs.5kg

NO

Pulses

2kg for Rs.10

2kg for Rs.10/kg

NO

Cost to the State treasury= Nearly Rs 2,500 crore.

That is almost 6% of Chattisgarh states GDP.
Other features:
1.

covers the public distribution system, school meals, anganwadis (including take-home rations for pregnant/lactating
women and children under three

2. free meals for the destitute and homeless.

3. It provides for not just food grain (what, rice etc) but also gram, iodized salt.
4. Plus the food given to children (under mid-day meal) pregnant women and lactating mothers, will have additional
nutritional standards like calorie and protein value.
5.

Ration cards would be issued on the name of the eldest woman in a family. (Women empowerment)

6. Panchayat and Municipalities will be responsible for implementation of the Act.

7.

entitlements will be given on the basis of per household and not on per person.

8. Going beyond the Centres definition of Antyodaya, the Chhattisgarh Government has declared as Antyodaya
households= all families of vulnerable social groups including tribal groups, widows or single women, terminally ill
persons, physically challenged persons, elderly-headed households with no assured means of subsistence and persons
freed from bonded labour.
To prevent such leakage and corruption, the Bill provides for
1.

Computerisation of records and publication of all beneficiary and benefits given to them.

2. Gram Panchayats will be allowed to run ration outlets.

3. Officials will be punished for non-compliance, under Essential commodities act.
4. Vigilance committees
5.

social audits by Gram Sabha etc.

Arguments: Chhattisgarh Food Security bill

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Anti

Pro

No need to give them actual food.Just

transfer cash directly transferred to poor
families bank account and let them purchase
stuff from market.

This bill covers everyone except those who

pay income tax, property tax or own big farm
land.

But a lot of people who can otherwise buy

food at market rate, are also covered for votebank purpose.

This will unnecessarily increase fiscal deficit

of the State.

Government should only care for extremely

poor people and not everyone, who can afford
to live without state support.

Not enough bank/post-office branches in Rural areas,

particularly Maoist affected areas of Chattisgarh. Besides,
no guarantee that if cash transfer is done, poor man wont
waste it on desi-liquor.

Inflation has eroded the purchasing power of lower middle

class people. Therefore, Government should provide them with
cheaper foodgrains, so whatever money is saved, the family
can spend it on other things such as education.

National Food Security Bill fiasco =Direct Cash transfer?

UPA Government at the centre, also wanted to introduce National food security. But this dream hasnt materialized just like those
non-serious applicants in UPSC and other competitive exam. Why?
#1: Fiscal Deficit

Government doesnt have enough incoming money (Revenue) to buy so much foodgrain and give it to poor people at
cheaper rate. Itd require approx Rs.2 lakh crores per year.

Consider it this way: one on side, Mohan wants to keep the minimum support price (MSP) high for the farmers. At the
same time, he also wants to sell cheap food grain, so from whose pocket will the difference come out? Obviously taxpayers.

But people cannot be taxed beyond a level. And Governments outgoing money (Expenditure) is already high thanks to
fuel, fertilizer subsidies and defense purchases.

One can look at the recent hike in petrol, LPG as a measure to reduce outgoing money, to make room for affording the
Food security Act (or similar other scheme.)

Government tried to increase the incoming money by disinvestment (that is selling Governments shares in PSUs) but
investors are not interested in buying shares at high price, hence money collection target is not achieved.
#2: Identification of Beneficiaries

1.

There is already disagreement between Planning Commission and various ministries over who should get how much
subsidized foodgrain.

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2. UPA wants the National Food security Act to have a Comprehensive coverage (=marketing-shockvalue during
elections).
3. For example Chhattisgarh Food security gives benefit to everyone except those who pay income tax/ property tax/ own big
farm-land= 90% public covered, only 10% people are not-eligible. So this is wide coverage.
4. Similarly States such as Tamilnadu already have provision for very cheap food grains.
5.

So, if beneficiary coverage is small (e.g. only those earning less than Rs.3000/month are covered), then it wont create
the marketing shock value for elections.

6. Hence wide-coverage necessary but to do such wide-coverage on a national-scale=>need truckload of cash, which
central Government doesnt have.
7.

And if Government tries to implement food security without increasing its incoming money (Revenue), itll lead to huge
fiscal deficit= other problems such as inflation, depreciation of rupee, decline in IIP etc. (more explained in earlier fiscal
deficit article).

8. So Mohan will have to nit-pick on who should get how much cheap foodgrain = new survey, new ID cards need to be
issued= lengthy and time consuming process, cannot be finished before 2014 Lok Sabha election.
#3: lack Manpower and 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 doesnt have the infrastructure or manpower to implement Food
security on its own.

And doing this food security work via State Governments machinery = opens up room for all sort of corruption, leakages.

Therefore Mohan seems to have concluded that Food Security is an implausible idea in its present form. Better just to send
money directly to bank accounts of poor people, rather than relying on State Administrative machinery to run a fullfledged 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. Countrys resources should be allocated to the state and central
plans equally. (Karnataka Chief Minister Jagdish Shettar).

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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

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Cauvery/Kaveri Water Dispute between Tamil Nadu and Karnataka,History, 2012 flare up and future
Introduction

The peninsular rivers as one must have studied in geography , are depended on the annual monsoon. So their flow is
dependent on the success/failure of monsoon.

This year the monsoons were not even close the expectations.

So the states that have been sharing the river waters have come under extra pressure to save their farmers, among which,
the already heightened battle is the Cauvery water dispute between Tamil Nadu and Karnataka.

This issue is definitely not new and has been raging for more than 5 decades now.
Terms

Tmcft

Thousand million cubic feet. Unit of volume which means total water released.

Cusecs

Cubic feet per second. Unit of flow which means the water flow released continuously.

History of the issue

The river Cauvery has been shared by the states under 2 agreements The Interstate agreements of 1872 and 1924.

All was well, till the late 1960s when Karnataka wanted to build 4 new reservoirs in the tributaries of Cauvery.

Indian Polity 72
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The Planning commission did not approve to give funds and neither did the Central government.

But Karnataka state went ahead with the building of the reservoirs with its own funds. These reservoirs were

1.

Harangi

2. Kabini
3. Hemavathi
4. Suvarnavathy

This diverted some of the water of Cauvery due to which Tamil Nadu protested.

It directed the Centre to create a Tribunal.

But since the Centre did not create one, Tamilnadu moved the SC to order the centre. The tribunal was finally formed in
1990.
Why confusion over creation of Tribunal?

Article 262

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

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

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

region

Water (tmcft)

TN

419

Karnataka

270

Kerala

30

Puducherry

Indian Polity 73
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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

1.

Low monsoons, so low

flow in Cauvery. Water
not enough for their
own farmers.

2. Very unstable political

situation in Karnataka
with 3 CMs changing.
3. So Cauvery being a very
sensitive issue nobody
wants to give it up
easily.

Tamil Nadu side

1.

Samba crop growers are mainly dependent on Cauvery river. Irrigation is the main
water source in the area. So their livelihood in danger.

2. The government not wanting to notify the final order of CWDT is also agitating, as
there seems to be no end to the problem.
3. The government replied that it will notify the CWDT tribunals award by December
end. But it has not done so. The reason is still not known(maybe even political). TN
was wishing that there could be some relief if the gazette notification comes (in
2007 itself) but even after the Tribunals award the issue has been politically and
legally entangled for the past 5 years. So TNs position is in a deadlock.

Amid this the Supreme Court had asked the 2 Chief Ministers to meet up and try to finalize on the issue but that too failed.

Supreme Court also asked the Central government whether it had any intention to publish the CWDT tribunal award for
which the Centre has replied that it will publish the award by December end but it has not done it.
The future, what lies ahead:

1.

The Centre must publish the CWDT order as soon as possible.

2. In the middle of all this the CWDT chairman has resigned, and no new chairman has been assigned yet. So the new
chairman has to be assigned who has to be going-to-retire SC judge.
3. The CRA and CMC were only interim measures and thus when the award is published they will cease to exist. A new
Cauvery Management Board (CMB) has to be formed to oversee the proper distribution of the river.
4. The major cause for the confusion is the SLPs being admitted in the SC. They have been pending for the last 5 years. They
must be done away with as soon as possible.

Indian Polity 74
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5.

Proper use of the Cauvery water by both sides so that they dont become too dependent on the water.

6. The water sharing formula in low flow years must be formed with as soon as possible.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
DNA Profiling Bill: Features, Applications, Criticism
What is DNA profiling?

It involves collection of a few skin cells, muscle tissues, a hair root or a tiny amount of blood or saliva etc. body fluids.

Then, DNA strands are extracted from the sample.

DNA profiling is useful for solving crimes, confirming if people are related to each other, paternity testing, identifying
dead bodies, missing persons etc.
Why DNA profiling?

DNA profiling = best method to identify a person.

DNA can be collected from body fluids, hair or even from a wine glass or spoon you just used.

An individual gets 50% of ones DNA from each of ones parents= can be be used to identify parents, siblings and relatives
of an individual.

Can help to trace people who are suspected of committing a crime.

Can exonerate (free) the suspects who are innocent.

An individual punished by the court can demand DNA testing to prove his innocence.
Real life 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 suspects involvement in a
crime.
DNA Profiling India vs China+USA?

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

China

India

Police DNA Laboratories

~280

~6

DNA profiles

~53 lakh DNA profiles

Lolz, yet to pass the bill.

Indian Polity 75
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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.

ThisDNA database will be used for

1.

crime detection

2. as an evidence in judicial proceedings for admissibility of evidence

Bill legalises collection and analysis of the DNA samples for

1.

Repeat offenders,

DNA profiling in cases related to

1.

murder

2. suspects,

2. miscarriage (abortion),

3. missing persons,

3. dowry deaths

4. unknown deceased persons

4. sexual assault

5.

5.

volunteers for forensic purposes.

paternity suits (like N.D.Tewari) etc.

Using these profiles, Bill creates indexes within every databank including: crime scene indexes, suspects index, offenders
index, missing persons index, unknown deceased persons index, volunteers index etc. This will help searching particular
entery very quickly.

The DNA profile of an individual will be deleted if that person were to be acquitted after the trial.

DNA profiles can be shared with other countries for cases related to terrorism, narcotics, illegal human organ sale etc.
Structure

The Bill establishes following organizations:

DNA Profiling Board

@National and State levels.

To laydown laboratory standards

procedures for collection analysis of DNA samples etc.

Will be headed by molecular biologists+ members from legal, police, biology etc
fields.

State DNA labs will collect samples and feed the data to National DNA Database= can

National DNA Data Bank

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be accessed anywhere. Help to solve inter-state crime.

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

1.

caste is an immutable genetic trait.

It ignores the fact that individuals change their caste and that caste is not uniformly passed on in marriage.
the experts and NGOs fear that in long term, such caste DNA database could be misused, for example

Asking every person for DNA test, before granting him/her caste certificates.

2. Instead of conventional population survey, Government could use DNA profiles for Extrapolating statistics and then
increase/decrease reservation for a particular category in particular state.
3. Excluding a particular caste or a group of people from reservation benefits.
4. Screening potential suspects on basis of caste. Can be used to brand certain individuals and communities as people with
criminal traits, just like Britishers had branded certain tribes of Northern and Central India as criminal tribes in past.
5.

knowledge of an individuals exact social background can damage the institution of an arranged marriage.

Furthermore, using caste for forensic purposes and to develop DNA databases could far too easily be abused and result in
the profiling of individuals, and identification errors.
Mistake is possible

Assumption
Problem

DNA evidence is infallible (100% full proof)

Bill ignores the possibility of false matches, cross-contamination, and laboratory error.

Indian Polity 77
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For example
forensic expert who testified failed to remember which samples were collected at the
scene of the crime!

1.

Aarushi murder case

French diplomat rape

case

DNA report came out with both negative and positive results!

Abhishek rape case

DNA sample had to be reanalysed after initial analysis did not prove conclusive.

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

Ideally court order should be necessary if a private citizen wishes to see the DNA database.

But here, the DNA Data Bank Manager is empowered to grant access to any person or Government agency that he
considers appropriate!

This can lead to tampering of evidence in case of high profile cases involving VVIP criminals and politicians. Thus leading
to conviction of innocent person and or exoneration of real criminal.

Although DNA Profiling Bill, provides penalties for misuse of data : jail up to three years and a fine of up to 10,000.
Suggestions

DNA profiling should be done only for serious crimes and not minor offenses.

Destruction of DNA samples once a DNA profile is created.

Clearly defining when a court order is needed to collect DNA samples,

defining when consent is required and is not required from the individual for a DNA sample to be taken

ensuring that the individual has a right of appeal.

Timeline

2007

draft Human DNA Profiling Bill was made public

but it had many shortcomings, led to lot of opposition from NGOs, activists etc. hence this bill was never
introduced in parliament.

Then Govt. asked Department of Biotechnology + Centre for DNA Fingerprinting and Diagnostics (CDFD)
Hyderabad, to update the 2007 Bill.

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2010

Tamil Nadu State Governmnt sought to amend the Prisoners Identification Act 1920 to allow for the
establishment of a prisoners DNA database

DNA data bank for armed forces personnel is setup. Itll help identification of mutiliated dead bodies during
war etc. This is unique as so far only USA and Israel have such facilities.

Uttar Pradesh government ordered mandatory sampling for DNA fingerprinting of dead bodies.

2012

Feb
2012

New version of bill leaked.Bill is sent to various ministries for their comment and feedback.

Dec
2012

CBI writes letter to Government, to quickly pass this bill.

Mock Questions
1.

What is DNA profiling? List its applications. (12 marks)

2. Write a note on the Salient features of Draft DNA profiling Bill. (10 marks)
3. Ethical issues involved in DNA profiling. What is your personal view on them? (Interview).
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Juvenile Justice Act: features, Controversy post Delhi-Gangrape, National Commission for Protection of Child Rights (NCPCR)
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

Who?

Child in need of care and protection

Juvenile in conflict
with law

Children found in difficult circumstances and are in danger of survival and growth.For
example rescued from a brothel, illegal factory etc.

Children involved in
crime.

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Authorit
y

Juvenile Justice
Board.

Child Welfare Committee.

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 theyre 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, hell 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 hell be released.

This so called juvenile accused, had beat that Delhi gangrape-victim with an iron rod mercilessly. Yet the law calls him a
juvenile and hell be released with very light punishment.

Indian Polity 80
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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.

Indian Polity 81
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whether the individual is to be tried as a minor or an adult depends again on the heinousness of the crime.
India

In India, were giving blanket protection to everyone less than 18 years old. Hell, 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 criminalminded 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.

Indian Polity 82
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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

Government

Look into matters relating to

Indian Polity 83
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1.

Terrorism

2. Communal Violence
3. Riots

1.

4. Natural Disasters
5.

2. Marginalised and disadvantaged children,

Domestic Violence

3. Children in conflict with law (juveniles

offenders)

6. HIV AIDS
7.

Children in distress,

4. Children without family

Trafficking

5.

8. Maltreatment

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.

Indian Polity 84
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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.

Indian Polity 85
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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.
Survival
4. Adequate nutrition, housing, recreation and medical services.
5.

Child shall not be separated from his mother, unless exceptional circumstances.

6. Child shall be among the first to receive protection and relief, in all circumstances and disasters.

State shall provide special treatment for physically, mentally or socially handicapped children.

Society and the public authorities shall provide special care to children without a family or means of
support.

Shall not be the subject of traffic, in any form.

Protected against all forms of neglect, cruelty and exploitation

Shall not be employed before an appropriate minimum age.

Free and compulsory education, at least in the elementary stages.

Full opportunity for play and recreation.

Protection

Developmen
t

^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

Indian Polity 86
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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

23

Forced labour

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.

Indian Polity 87
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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?
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++++
lity] Judicial Impeachment, reforms, Judicial accountability Bill,Sri Lankan CJ Impeachment
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

Indian Polity 88
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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 2/3 rd 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.

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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.

Indian Polity 90
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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)
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++
Crime and Criminal Tracking Network Systems (CCTNS): features, Benefits

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Lets first see how police database system used to work earlier.Ok so whats the problem in above system?

Duplication of records.

Criminals will just move from one state to another.

Very hard to track Repeated Offenders.

Each police station has lot of individual records and files =just gathering dust. (plus very time consuming to search data in
paper files)
Crime and Criminal Tracking Network Systems(CCTNS)

Project started in 2009. (In the wake of 26/11 attack.)

This is a project under the National e-Governance plan.

Itll set up infrastructure (computers, printer, scanner, UPS, router etc) in each police station.

Itll connect each police station to a centralized framework. (total about 14000 police stations in country)

Indian Polity 92
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Make biometric profile (fingerprints, blood group, birthmarks etc) of convicts.

Details of Arrested/ Missing/ Kidnapped.

Online tracking of complaints etc.

The core software is developed by Wipro. (of Azim Premji)

What are the advantages of CCTNS?

Easy to track convicts.

Biometric records of convicts are taken= no confusion in future. (e.g. if a criminal has done plastic surgery or got a fake
driving license/election card to create new identity to settle in a different city/state.)

In the old Don movie (starring Big B), criminals kept contacts and payment details in a Red coloured Diary.

But in the remake of Don (starring Shah Rukh Khan), theyre using sophisticated hard disks! So, if criminals have
upgraded their office-procedures, then police definitely needs more tech upgrades. Hahaha

In many schemes (such as right to education), the state Governments need to contribute some money and they always
keep crying that we dont have money so we cant implement it properly.

But this CCTNS scheme is 100% centrally funded scheme=States cant make excuses.

central data system is very useful for research on crime and for framing policies related to certain crimes.

This is very important considering the recent rape incidents, the juvenile issue and also the nature/origin/background of
convicts.

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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 theyve to manually call people or write paper-letters or send their staff to collect the information. For example

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1.

Did xyz suspect was in jail during this xyz date or was he out on parole?

2. Did Mr.X visit xyz country on xyz date?

3. Is this car belong to Mr.X and was it previously owned by Mr.Y?

They can file On-line reports to senior officers reduction of day to day paper work= now they can spent more time and
energy doing actual investigation.

They can access On-line library containing checklist on investigations, court judgments, police manuals etc. to prepare a
full-proof charge sheet against the suspect.

They can allot assignments, patrolling-schedules etc. to the staff quickly.

Benefits to Citizen

You can register complaints can online.

You can track the progress on your FIRs online. (Similar to Track your application in Passport Seva Kendras- software
developed by TCS company for Ministry of External affairs.).

You can download various forms (police clearance for domicile certificate etc.)

You requests police to verify background for servants, employment, tenants.

senior citizen registrations can register themselves (so policeman will visit your home once in a while to see everything is
ok)

Motor Vehicle Tracking System,

List of missing persons, unidentified persons & dead bodies. So you dont have to go from pillar to post to get such
information.

FIR registration software

Future ahead: CCTNS

Centralized IT enabled Police Passport Verification= Faster verifications.

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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?

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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

Criminal law, including all matters in IPC.

Union

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

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+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+
Lobbying: Meaning, pro-anti arguments, Nira Radia, Gulam Nabi Fai, Wal-mart
Introduction

Lobbyist?

Employers of
Lobbyist?

Aim of
Lobbying?

Target of
lobbyist

Lobbyist is a person employed to persuade legislature/executive to make some policy/act/rule that

favors the lobbyists employer.

Lobbyists are hired by Interest groups e.g. businessmen, spy agencies (ISI/CIA), etc.

Trade unions, environmental associations, NGOs, womens rights group etc. also demand
Government to make particular policy/act/rule via dharna-pradarshan, strikes, bandh, fasts,
protests, rastaa-roko etc. But theyre interest groups. Theyre not lobbyist.

Lobbyist is a sophisticated professional who does this work for money. (And theyre usually very
expensive to hire.)

To get a favorable Government policy/rule/law etc. OR

To eliminate / modify unfavorable Government policy/rule/law etc.

Members of parliament, politicians, ministers, bureaucrats, regulatory agencies etc. (anyone who has
power to make or modify some policy/act/rule).

Why is it called Lobbying?

In the early 19th centuary, many US Congressmen (=MPs of USA) and officials would gather and eat together at a
particular hotel in Washington, D.C.

And People seeking to influence the government, waited for these members in the lobby of the hotel, and talking to them
as they came in and out.

Thus the activity came to be known as Lobbying

How is lobbying done?

Lobbyist is a sophisticated professional. He provides briefing material, pamphlets, charts, presentations etc. to concerned
legislators (MP, MLA, Senators) and executives (ministers high ranking bureaucrats).

Hed also run media campaigns, online campaigns etc. (he has connections everywhere.)

He arranges meetings, parties, seminars, conferences in some expensive 5 star hotels, golf-resorts. He invites journalists,
intellectuals, politicians, bureaucrats etc. gives them free travel food and lodging.

Lobbying is legally allowed in EU, US, Australia, Canada, Israel, Italy. (list not exhaustive).

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Lobbying in USA

As per the American laws, the companies are required to disclose the issues and expenditures associated with lobbying.

This helps public and media to who is paying how much for a particular cause.

+ professional Lobbyists are required to register with the House of Representatives (=their lok sabha) and the Senate
(=their Rajya Sabha).

Lobbying is so widespread in USA that in 2011 alone, there were 12000+ registered lobbyists, and more than 3 billion US
Dollars were spent on lobbying! (This is not bribe, It is the cost of hiring lobbyists, Technical documents, research etc.)
Lobbying in India:

Lobbying is not officially recognized in India in any form (by Government or legislature).

There is no formal organization for regulating/ controlling/ overseeing/ supervising the act of lobbying. (for example,
newspapers have press council of India, banks have RBI. but there no such regulatory body for lobbying).

Still, lobbying is (unofficially) done through Public Relations Firms and some well connected individuals (such as Nira
Radia).

Often, big corporate houses hire retired bureaucrats, (or sons/daughters of high ranking bureaucrats/ ministers) as
liaison officers.

Such liaison officers do the lobbying work.

The Planning Commission of India has set up an expert committee to look into the issue of lobbying.

Lobbying activities in India are primarily tested in terms of the existing law, i.e., the Prevention of Corruption Act, 1988.
(In India, Lobbying has become synonymous with Bribe)
Lobbying vs Bribery

Lobbying

Bribery

Lobbyist will hold some seminar/conference for MLAs / Excise

minister and officials of Gujarat State.
He will show powerpoint presentation on how state can earn
more revenue from sale of liquor and use that money for health
and education etc.

Same person is carrying a box full of desiliquor bottles in his car, inside Gujarat.

He is caught by police and gets away by

offering some cash + a few bottles to those
policemen!

But in reality this guy is paid by Kingfisher, McDonalds, Bagpiper

or some other prominent liquor company.

How is lobbying different from bribery

1.

A briber wants to circumvent the law. A lobbyist wants to change it.

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2. As Laws affect everyone, lobbying is supposedly more legitimate than bribing, as lobbyist is not asking for any special
treatment like a briber.
3. The power of the lobbyist is arguably far greater than the power of the briber.
4. Broadly speaking, Lobbying is the preferred means for exerting political influence in developed countries and corruption
the preferred one in developing countries.
Controversies related to Lobbying:
#1: RadiaGATE
Before that, lets understand what is -gate, for example Radia-gate, coal-gate and other scams. Why are they given the -gate
suffix?
For that, weve to understand the origin and meaning of the word Watergate scandal
What is Watergate scandal?

In USA there are two political parties: Democrats and republicans.

1972: President Nixon (Republican party), orders his men to break into the office of Democratic party and install spy
devices. (so Republican President Nixon can monitor the conservations, activities, plans and election strategies of
Democratic party.

This office was located in a building known as Watergate.

So when the whole scandal broke out, it was called Watergate scandal, and President Nixon had to resign because of this
Watergate scandal.

Taking that analogy, Indian media give -gate suffixes to scandals for example Radia-gate, Coal-gate.
Who is Nira Radia?

She is a political Lobbyist and an acquaintance of (infinitely Awesome) A.Raja.

Nira Radia used to run a public relations firm whose clients include big names like the Tata Teleservices and Mukesh
Ambanis Reliance Industries.
What is the controversy?

Nira Radia lobbied to get A Raja to be appointed as Telecom Minister.

Income Tax department tapped Radias phone lines for 300 days in 20082009 as part of their investigations into
possible money laundering, tax evasion etc.These recordings are known as Radia Tape.In 2010-end, OPEN magazine
showed some of the telephone conversations of Nira Radia with senior journalists (Barkha Dutt, Veer Singhvi), politicians,
and corporate houses.

According to these phone conversations, Radia lobbied against the reappointment of Dayanidhi Maran.

She attempted to use some media persons (Barkha Dutta) to influence the decision to appoint A. Raja as telecom minister.
#2: Gulam Nabi Fai: Anti-Kashmir lobbying in USA

Ghulam Nabi Fai used to lobby for Kashmiri cause in USA.

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Hed hold conference and seminars of Pakistani and Indian intellectuals, discussing the future of Kashmir. After the
seminar, hed show documents/resolutions/minutes of such seminars/conferences to US lawmakers and ask them to show
support for Kashmiri cause. i.e. Kashmir should be given freedom from India.

He had received millions of dollars from ISI to carry out this activity.

But He hid this money detail from the tax authorities of USA.

He was arrested and given 2 years jail time.

Many of the Jholachhap NGOs and intellectuals of India were also part of his wining-dining-debating circuit.

US Attorney told the court that some of ^these activists had links with the ISI and that chairman of the Hurriyat
Conference, Mirwaiz Umar Farooq, was supported and controlled by the ISI.
#3: Wal-Mart Lobbying: FDI in Multibrand Retail

Walmart = big player of Multibrand retail.

Recall that, as per the US Lobbying law, company has to disclose how much money did it spent on lobbying.

Accordingly, WalMart disclosed that it had spent $25 million (about Rs 125 crore) since 2008 for various lobbying
activities, including for gaining access to Indian markets.

In India, Opposition parties created uproar in parliament regarding this. They wanted the names of ministers/officials in
India who got this money.

Govt. said theyd initiate a time-bound inquiry by a retired judge into reports of lobbying by Walmart.

What is the problem then? In India as we know, Lobbying is not regularized, It is alleged that this 120 crores was used to
bribe Indian legislatures & Executive through its Indian arm (Bharti).
Wal-Marts defense

1.

As per US law, we had to file lobbying Expenditure report with the US Senate. But report doesnt say that entire 125 crores
have been spent exclusively in India.

2. Lobbying is totally legal in USA, so even if some Indians may find it distasteful or unethical, weve committed nothing
wrong!
Lobbying: Pro arguments
1.

Lobbying makes sure that minority interests are fairly defended against the tyranny of the majority. For example, a
medical association, or a trade association of health insurance companies, may lobby to counteract the influence of
tobacco companies (while tobacco companies have more money, provide employed to lot many people.)

2. There is nothing wrong in lobbying, so long as no bribe is involved.

3. Lobbying is a legitimate practice around the world.
4. Lobbyists provide high quality intelligence (Research work) for formulating policies.
5.

If lobbying is legalized in India, itll bring more transparency in the functioning of Government and parliament. (atleast
well know who paid the money to get particular law/rule to be passed?).

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6. In the corporate world Sales pitch, advertisements, marketing, public relations, and roadshows before IPOs, are all
legitimate corporate activities. These activities are akin to lobbying.
Lobbying: Anti-Arguments
1.

Lobbying is an aggressive and intense form of persuasion. (Not a dialogue.)

2. Lobbying is simply a case of government going to the highest bidder.

3. A powerful lobbyist can get laws changed even if theres no public consensus to do so, and those laws still apply to
everyone. The opening up of the multi-brand retail sector in India to foreign investment is one example.
4. Against Right to Equality: Businessmen with extensive money power can indulge in lobbying and get things done.
While common man has to wait for hours or days to meet his MP/MLA. Thus, those with (financial) resources will win
and those without cash will lose.
5.

Our country does not have requisite safeguards for accountability in such lobbying cases. So if Lobbying is legalized in
India, Itll lead to more 2Gs, and more Radiagates.
Mock Questions
For interview:

1.

Should we legalize lobbying in India? Yes/No why?

2. With reference to Gulam Nabi Fai case, should Indian Government also hire this type of lobbyists in US/EU on the issues
of Kashmir, China-border etc.?
3. For a moment, lets assume that FDI in Multibrand retail is in best interest of farmers and common men of India. And
Wal-Mart and other companies paid lot of money in lobbying to get this approved. Is it good or is it bad? Does the end
justify the means?
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++

[Rights Issue] Socio Economic Caste Census (SECC) 2011: Purpose, Benefits, Features, Deprivation index
SECC-2011: WHY needed?
#1: Beneficiary identification

Socio Economic Caste Census (SECC) 2011 ranks the households based on their socio-economic status.(=a database is
created)

State Governments can use this database to prepare the list of families living below poverty line (BPL).

(Combined with UID) This database can be utilized for identification of beneficiaries for various socio-economic welfare
schemes.
#2: Policy Making

SECC census database will provide authentic information to policy makers about caste-wise population breakup in the
country (e.g. socio-economic, educational status of a particular caste.)

Based on that, Government can evaluate the performance of its past schemes/policies and update them accordingly.

Indian Polity 102

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Census Difference: Regular vs SECC
Census= A periodic count of the population.

Regular population census 2011

Apex
organization

Socio Economic Caste Census (SECC) 2011

Census Commissioner (Home

Ministry)

Conducted every 10 year.

Last census was done in 2011 and

data collection is finished.

Time

Rurul Development ministry + Planning Commission.

First time started in 2011 itself.

But as of March 2013, Manipur, West Bengal,

Jharkhand, Uttar Pradesh, Bihar and Lakshadweep
are yet to finish the data collection for SECC census
2011.

Act?

carried under census of India act 1948

Not carried under that Act.

Personal Data
confidential

yes

No. (more explained below).

Purpose?

Provide general demographic information:

age, gender, religion, occupation,
migration etc.

help preparing BPL list and identifying beneficiaries for

welfare schemes.

Motto?

Our Census, Our future

Our Census, UPSC aspirants tension

Confidential?

The regular Population Census is Carried out under Census Act, 1948.

According to this Act, Government must keep individuals personal information confidential.

For example religion of Sonia/Rahul Gandhi.

Besides aim of regular Population Census = provide overview, it is not concerned with any particular individual /
household.

In short personal data given in Population census =confidential.

Now speaking of Socio Economic Caste Census (SECC).

All the personal information given in SECC, will be put in public display (in Gram Sabha) except caste/tribe/religion
details.

State Governments will also use this personal data to identify beneficiaries for food/pension /other welfare schemes and
for preparing BPL list.

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In future Data could be used to update individuals detail in NPR, UID.

In short, the data given in SECC census= NOT confidential. Thats why, Government is not carrying out SECC under
Census Act, 1948.
BPL: SECC vs Planning Commission

Planning Commission

SECC

How many BPL? (=number)

Which individual is BPL? (=name)

for example, the Planning Commission estimate for a State could be that
say 55% of the rural population and say 30%of the urban population is
living below the poverty line.

SECC, 2011 will enable that particular State to

identify the households who comprise this 55% and
30% respectively.

Poverty: UN Definition
According to United Nations (UN) poverty means following

Fundamentally, poverty is a denial of choices and opportunities, a violation of human dignity.

It means lack of basic capacity to participate effectively in society.

It means not having enough to feed and clothe a family, not having a school or clinic to go to, not having the land on which
to grow ones food or a job to earn ones living, not having access to credit.

It means insecurity, powerlessness and exclusion of individuals, households and communities.

It means susceptibility to violence, and

it often implies living in marginal or fragile environments, without access to clean water or sanitation
Poverty Line: India

Poverty line helps identifying the weaker, vulnerable sections of the society who cannot meet even their minimum food
requirement [measured in terms of calorific intake].

This line also decides the beneficiaries for government programs like Targeted PDS, Indira Awas Yojana, food security
entitlements etc., which depend on poverty line standards and hence gets huge public attention.

But Every time we try to fix this line there is a conflict of interest between the people and state because:

Ruling party (@union and State level) would want to show that every year % percentage of population living below poverty
is decreasing otherwise opposition parties will start shouting poverty is increasing under this regime.

Similarly international arena, Government would not want to make India look like a failed state in terms of poverty
removal.

So Governments always want less people fall Below poverty line)

Tendulkar

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Last year a big controversy erupted when the planning commission said, weve accepted the Tendulkar Committee report,
according to which poverty line is following:

Area

Person earning lessthan Rs. ** per day

Urban

32

Rural

26

But due to public uproar later Government and planning Commission had to clarify that we are is not going to use this line to
identify beneficiaries for government programs and only the figures given by SECC to be considered.
SECC-Players involved
1.

Ministry of Rural Development

2. Ministry of Housing and Urban Poverty Alleviation

3. Registrar General and Census Commissioner, India
4. State Governments
5.

Each Collector/District Magistrate

6. Enumerators + Data entry operators.

Procedure

For SECC Census, Union Government will provide cash + technical help.

State Government machinery will do the data collection.

District magistrate/collector will be responsible for overall SECC census in his district.

State Government will appoint Enumerators to visit houses and do the survey.

The primary school teachers will not be used as Enumerators for this purpose due to the ban imposed by the Right to
Education Act, 2009.
Data collection

Two men team: 1 Enumerator (to ask questions) + 1 Data Entry operator (to record data in Tablet PC)

They visit households.

They will also reach out to homeless populations (eg. people living in railway stations, roadsides etc)
SECC: Methodology

It uses separate methodology for surveying rural and urban households.

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Area

Methodology basedon ** Committee

Rural

Saxena

Urban

Hashim

now lets check the methodology adopted for surveying rural households : it is a three part approach
SECC for Rural Households
1.

Automatically Exclude some households (based on income/assets)

2. Automatically Include some household

3. For the remaining houses: rank them based on seven deprivation factors.
#1: Automatically Excluded
If a household own any of these items: theyll be excluded. (list not exhaustive)
1.

Vehicle

2. Kisan Credit Card with credit limit of Rs. 50k and above
3. Any member is Government employee
4. Any member is earning more than Rs.10k per month.
5.

Paying income tax

6. Paying professional tax

7.

House has pucca walls and roof + Three or more rooms

8. Own a refrigerator
9. Own Landline phone
10. Owns irrigated land above a limit.
#2: Automatically Included
household with any of the following will be included automatically:
1.

Households without shelter

2. Destitute/ living on alms

3. Manual scavengers
4. Legally released bonded labourers

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5.

Primitive tribal groups

What is Primitive tribal groups (PTG)?

There are the poorest of poor amongst the Scheduled Tribes (STs). Theyre identified based on three parameters
1.

They use pre-agricultural level of technology for farming.

2. Very low level of literacy

3. They population is either Declining or stagnant.
#3: Deprivation indicator
So far we know that
1.

SECC-2011 census aims to rank households.

2. It automatically includes/excludes certain households (as seen above)

3. Now for the remaining households (which are not automatically included or excluded) the census will rank them based
on 7 Deprivation Indicators.
7 deprivation indicators:
1.

Households with only one room, kucha walls and kucha roof

2. No adult member between the ages of 16 and 59

3. Female headed households with no adult male member between 16 and 59
4. Households with disabled member and no able bodied adult member
5.

SC/ST household

6. Households with no literate adult above 25 years

7.

Landless households deriving a major part of their income from manual casual labour

Households with the highest deprivation score will

1.

Be first included in the BPL list.

2. Be first given benefit of Government welfare schemes.

ok so ^this was the methodology for doing SECC census in Rural area. Now speaking of methodology for Urban areas.
SECC urban area
It is a similar a three stage process to identify the urban poor automatic exclusion, automatic inclusion and a scoring index. A
family stands to be automatically excluded if it has either a four room house or possess any one of the asset (four wheeler, AC set,
laptop) or any three of the following assets (fridge, landline phone, washing machine or a two wheeler.)
Followup

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Once the survey is complete in all States and union territories, the database will be given to Abhijit Sen Committee.

Abhijit Sen Committee will analyse this data and come up with the exclusion criteria for Government welfare
schemes. (particularly food security and pension) (e.g. if you earn xx rupees and own xx assets then you are not
eligible for xyz welfare schemes.)

Earlier Mihir Shah task force has said whoever is covered under food security, should automatically be covered under
pension benefit (National Social assistant program)

So at the moment, immediate plan of Government is SECC-2011>> use data to identify beneficiaries for Food + Pension.
SECC Advantages?
#1: Paperless

Survey is carried by 2 men team (Enumerator + Data entry operator).

Data entry operator is given a tablet PC.

When Data entry operator is entering data in the table PC, hell also see the scanned form of National Population register
(NPR)= it means he can cross check the information provided by given household.This will drastically reduce data entry
errors and enumerator discretion.

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#2: Transparent

Once data collection is complete, itll be given to Gram Sabha and put on public display.

This will ensure that there is no misreporting.

At the higher stage, data will be cross verified at block and district level officers.
SECC: Criticism

1.

In the Table PC, Under sex column: only male/ female= Transgender not included.

2. Information of caste details may be misused, for more casteist politics especially when next general election is coming
soon.
3. Basic amenities like a telephone connection, motorized two wheeler possession is considered a luxury.
4. For Urban area, Any household that has laptop =excluded.
5.

But in Tamilnadu, many poor families are given free laptop, TV etc by State Government. Similarly UP Government is also
planning to give free laptops. So poor people are afraid theyll loose rank in deprivation index/BPL list. (although now
Government is considering dropping laptop from the exclusion list.)

6. SECCs deprivation parameters donot consider food consumption/calorie intake. So the whole Malnutrition angle (of
women and children) is missing. Similarly expenditure on health is also not considered.
Mock Questions
Q1. Which of the following ministries are involved in Socio-Economic Caste Census 2011?
1.

Ministry of social justice and empowerment

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2. Ministry of Rural development
3. Ministry of minority affairs
4. Ministry of Housing and Urban Poverty Alleviation
Ans
a.

Only 1

b. Only 2
c.

Only 2 and 3

d. 2 and 4
Q2. Correct statements about Socio-Economic Caste Census 2011?
1.

Motto is Our Census, Our future

2. It is being carried under Census of India act 1948.

Ans
a.

Only 1

b. Only 2
c.

Only both

d. None.
Mains

1.

True social empowerment cannot be achieved by censuses and schemes. Comment.

GS1
2. Discuss the role of state in Social empowerment.

GS2

Write a note on Socio-Economic Caste Census of 2011.

Essay
1.

Poverty and Deprivation

2. Caste Politics
Interview
1.

If you were given the task of designing a new poverty line, how will you do it?

2. What do you understand by the term deprivation?

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3. If weve to measure deprivation objectively, what parameters should be looked into? Do you think the 7 parameters
adopted in SECC census are sufficient?
4. Who or what is responsible for large-scale deprivation in India?
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++
Citizens Charter Bill 2011: Salient Features, Issues, Criticism explained
What is a Citizens charter?

You may have seen the Dominos Pizza Ad: delivery in 30 minutes otherwise free.

Citizen charter is a similar concept- applied to public organizations.

Basically a public organization will write on a paper we provide this this and this services with this this and this time
limit. If you dont get the service within that time, contact xyz officer.

Such written document is called citizens charter. You can see citizen charters in the websites of almost all union
ministries, PSUs, and Public sector banks. click me to see the citizens charter of Environment Ministry.

Prime Minister John Major introduced the first citizens charter in early 1990s in UK.
Components of a Citizens Charter:

1.

Vision mission statement

2. The list of services delivered. Names and contanct numbers of officials responsible. Grievances redressal mechanism, in
case service is not delivered.
3. List of responsibilities of the citizens in the context of the charter. (that youre supposed to bring this this and this
documents if you want to get xyz service in time.)
Advantages of Citizen charter?
1.

He can avail services in a time bound manner.

2. Will not have to depend on the mercy of the bureaucracy.

3. He will not have to face long delays due to red tape.
4. For a passport, a birth or death certificate, a driving licence or a ration card, Aam Aadmi need not have to sweat it out.
There will not be any need to grease palms of corrupt officials.
5.

He can seek compensation for undue delay in delivery of service.

6. For ex: In Europe people are compensated if the train gets delayed.
7.

Basic thrust of Citizens Charter is to make public services citizen centric by ensuring that these services are demand driven
rather than supply driven.
Indian Experience

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At the central level, Ministry of Personnel> Department of Administrative Reforms. This department helps other organizations to
formulate the citizens charters. However, 2nd Administrative Reforms Commission found following problems with Citizens
charters in India:
1.

Measurable standards of delivery are rarely spelt out in the charter.

2. Standards are poorly defined, it becomes tough to assess whether the desired level of service has been achieved or not.
3. Most charters are verbose. (containing too many words).
4. Promises contained in the Charter were vague and meaningless. (like those stupid vision and mission statements.)
5.

If the service is not delivered then very hard for citizen to get compensatation. (he has to make trip to this office and that
office, bring this Xerox and that receipt.)

6. Citizen Charters are not revised with time.

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7.

The needs of senior citizens and disabled are not considered while drafting charters.

8. Resistance to change.
9. Lack of Public Awareness.
10. End Users (public) & NGOs are not consulted when the charters are drafted.
Recommendations of 2nd ARC:
1.

The Charters should clearly spell out the remedy / penalty / compensation in case there is a default in meeting the
standards spelt out in the Charter.

2. better give a few promises that can be kept, rather than a long list of lofty but impractical aspirations!
3. Before the organization makes charter, it should restructure its internal system and processes.
4. One size does not fit all. Citizens Charter should be close to ground reality and local conditions.
5.

Consult all the stakeholders before finalizing the charter (including civil society).

6. Firm Commitments should be made. There must be redressal mechanism should be citizen friendly..
7.

Organization should evaluate the Citizens charters periodically.

8. Hold officers accountable for results.

Citizens Charter Bill 2011: Salient Features
Full name
The Right of Citizens For Time Bound Delivery of Goods & Services & Redressal of Their Grievances Bill 2011.
Applies to?
1.

The Bill deals with government departments that deal directly with citizens: they include

2. Constitutional bodies,
3. Statutory authorities,
4. Public-private partnerships,
5.

NGOs substantially funded by the government and companies that provide services under a statutory obligation.
Provisions

1.

The Bill makes it mandatory for every public authority to publish a Citizens Charter within six months of the
commencement of the Act.

2. Every citizen is given right to get time bound delivery of goods and services.
3. If not delivered, there is redressal mechanism.
According to the bill, citizens charters should be in following format:

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1.

List the details of the goods and services provided by a public authority;

2. The name of the person or agency responsible for providing the goods or services;
3. The time frame within which such goods or services have to be provided;
4. The category of people entitled to the goods and services; and
5.

Details of the complaint redressal mechanism.

Here is an example:

Name of service

designated officer

time limit for

service

first appeal
officer

time limit for

disposal

second appellant
authority

Domicile certificate,
land records.

Tehsildar

7 days

SDO
(Revenue)

15 days

Collector

New Electricity
Connection

Zolan distribution in
charge

10 days

Executive
Engineer

30 days

Superintendent
Engineer

Public Grievance Redressal Commissions

Bill aims to establish Public Grievance Redressal Commissions @Centre and State level.

Strength

1 Chief Commissioner + a maximum number of 10 Commissioners.

1.
Qualificatio
n

Present or former Supreme Court judges or Chief Justices of a High Court (district court judges for 10
years, or High Court judges); or

2. Present or former Secretaries to the central (state) government;

3. Eminent persons with at least 20 years of experience in social sectors with a post graduate degree in a
relevant sector.(15 years for state panel)

Appointed
by

1.

Governor (in state Commission)

2. President (in Central Commission)

But President /Governor will make appointments as per the recommendations of select Committee. The select Committee will
consist of

Union level
PM

State level
CM

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Leader of opposition in Lok Sabha

In Legislative assembly (Vidhan Sabha)

Sitting just of SC

Of HC

The Commissioners may be removed by an order of the President /Governor under certain conditions.
Grievance Redressal Mechanism:
In right to information Act, the mechanism/ structure / hierarchy is:

R.T.I structure

What?

Public information officer (PIO)

(Central or State)

You send R.T.I application to him. He must give information within 30 days.

First Appellant authority (FAA)

He is an officer above the rank of PIO.You approach him if your R.T.I is not replied
within 30 days (or if PIO did not give you the necessary information).

Central/State Information
Commissioner (CIC or SIC)

Finally you can appeal to him in case FAA doesnt help.

Similar appeal structure is provided in Citizens Charter bill

R.T.I act 2005

Citizen charter bill 2011

Public information officer (PIO)

Grievance Redress Officers (GRO). You send your complaint to him. He must
address the issue within 30 days.

First Appellant authority (FAA)

Designated Authority (DA), if GRO doesnt help.

Central/State Information Commissioner

(CIC or SIC)

State or Central Public Grievances Redressal Commission. If DA doesnt help.

In relation to an offence under the Prevention of Corruption Act, 1988, a third appeal against the decision of the Commissions
shall lie with the Lokpal or the Lokayukta.
Penalty

DA and Commission can impose fine of Max.Rs.50000 to concerned officials/GRO.

The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the
appellant.
Criticism

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#1: Against federal Spirit

(BJP says) Yet Citizens charter bill provides for GRO and Grievances Commission @state and central level. But
Parliament doesnt not have jurisdiction to enact such law. Because 7th schedule of constitution->State list ->State Public
services (Entry 41).

It means, only State legislature has jurisdiction to make laws regarding state public services.

More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states.

The states of Jammu and Kashmir, Delhi, Bihar, Madhya Pradesh, Uttar Pradesh, Rajasthan, Punjab, Uttrakhand and
Himachal Pradesh have their own laws in place.

Many of ^these state laws have provisions that are much better than the proposed Bill.

The Central government can and should enact Citizen Charter for central services but should not encroach upon the states
domain. At best, the Centre can suggest a model law.

However, the Ministry of personnel affairs, defends this bill saying Provisions of the Bill relate to actionable wrongs
which comes under the concurrent list.
#2: Duplication of work

Several states such as Delhi, Punjab and Bihar have also enacted their own grievance redressal laws. The mechanism
provided under these laws is different from that provided under the Bill.

So this will lead to duplication of work and organizations.

Similarly, MNREGA Act, RTE Act, National Food Security Bill, 2011, and the Public Procurement Bill, 2012 also have their
own grievances redressal forums. = duplication.

Similar to R.T.I act, this bill also applies to organizations funded by Government. (e.g. Air India, Public Sector Banks,
LIC.) However, if those organizations donot provide services on time, the matter also falls under jurisdiction of consumer
courts, Banking ombudsman, IRDA respectively= lot of duplication.

So it seems Government hasnt done the homework, they just want to pass a bill to divert peoples attention from more
important issue, that is Lokpal.
#3: Autonomy

According to the bill, the commissioners may be removed without judicial inquiry. This is unheard of!
#4: Lokpal yet to come
Government officials intentionally delay the service delivery because they want to demand bribe. So the whole Citizen charter
thing is incomplete, without Lokpal and Lokayukta.
#5: Exclusion of Non Citizens:
Only Citizens can seek redressal, NRI & PIO are not entitled.

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#6: Distribution of responsibility
For example, if a passport is held up because the police verification took too long, should the passport office be responsible? Or
should the police be held responsible? Bill is silent over the issue, this will only lead to blame games and further delays while
seeking redressal.
Mock Questions
Q1.Find Correct statements about Citizen Charter
1.

It is a document listing the fundamental rights and duties of citizens.

2. Citizens charter was first introduced in United States by President Nixon.

a.

Only 1

b. Only 2
c.

Both

d. None
Q2. Which of the following is not part of the Concurrent list under 7th schedule?
a.

Actionable wrongs

b. Bankruptcy
c.

Lunacy

d. Fisheries.
Mains GS2
1.

Right to information and right to service (citizens charter) should be turned into fundamental rights under the
Constitution. Discuss the pros and cons of such Constitutional amendment.
Mains GS4 (Ethics)

1.

Define following terms (2 marks each)

a.

Citizens charter

b. Transparency
c.

Accountability

d. Good governance
2. Write a note on the salient features of Citizens Charter bill 2011.
3. Right to information and right to service, are pre-requisite for good governance. Comment.
4. What are the major impediments in implementing Citizens Charter? List the recommendations of 2 nd ARC in this regard.

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5.

If implemented properly, Citizens Charter will have more positive impact on the lives of citizens than RTI. Comment.
Interview

1.

This citizens charter bill provides for deadlines and hefty penalties. Dont you think it will lead to mistakes and errors on
part of lower bureaucracy, when they try to finish things in haste/fear?

2. Instead of having two parallel streams: R.T.I and Citizens charter, they should be merged and a new combined law
should be created. Yes/No why?
3. Apart from right to food, education, service, information and all those other fundamental rights listed in Constitution, can
you suggest any new rights that should be introduced?
4. Opposition parties say that Citizen charter bill encroaches upon on the jurisdiction of state legislature and hence against
the spirit of fedaralism. Agree / Disagree? Why?
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
++

[Rights Issue] Jarawa Tribes, Human Safari, Buffer Area, Tribal Commission, 13th Schedule
Who are the Jawaras?

They are tribal people living in the South Andaman islands. (approx. just 400 of them left)

Anthropologists believe that Jarawa are descendants of first humans that move out from Africa to Asia.
What is Andaman Trunk Road (ATR)?

Government of India started construction of Andaman Trunk road in the 80s.

This road connects North Andaman Middle Andaman Port Blair (Capital
in southern most part).

Jarawa tribes mostly live in the jungles on the western side of this road. (see
the map).

After construction of the road, tourism started flourishing and this bought
outsiders (guides, tourists) in contact with Jarawa tribes.

Human Safari?

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Safari = tourists sit in a bus, go in jungle and observe animals.

Unfortunately, Andaman tour operators have been running what is termed as Human Safari

Meaning, they take a bus full of tourists on the Andaman Trunk road. The guide will bring Jarawa tribals from the
surrounding villages, make them dance in front of tourists and offer them food as payment.

Human rights activists have been demanding that Road must be shut down.
Road: To shut or Not to Shut?

Shut the road

Dont shut the road

Barely 400 Jarawas left. The road brings the general tourist population
into unwanted contact with the Jarawa every day.

Road is needed to carry essential food and supplies

for both Jarawa and the settlers living outside Jarawa
reserves.

This has resulted in the Jarawa being exposed to diseases against

which they have no natural protection: e.g.measles and mumps.

If the road is shut down, the tourists cannot

visitlimestone caves and mud volcanos. So
ultimately tourism industry will collapse.

The increasing trade and tourism in the area is endangering their

traditional skills. For example, some of the jarawas do not know how
to make a fire without a matchstick.
Jarawas have picked up the the vices of the outsiders: tobacco, gutka,
Zarda, bidi and alcohol.

It is their free will.

Bo people= Another tribe in Andaman Nicobar. Its last member died

in 2010. Do we want same thing to happen to Jarawa? Jarawa
protection is important as they form the centuries old link of Indian
civilization with African civilization.

Do we want these people to live rest of their lives as

primitive hunters and gatherers? Agreed very few of
them left, doesnt mean outside contact should be
stopped.

Because of above reasons, Jarawas must not be allowed to mingle with

outside world.

Dance for Food controversy

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A reporter had gone to Andamans. He recorded a disturbing video,

in which an Indian policeman is offering food to Jarawa tribal girl
and making her dance to entertain the tourists.

This story was published in The Observer (sister newspaper

ofGuardian), last year.

This led to huge uproar in India and abroad.

Buffer Zone Case Chronology

In past few weeks, you might have read Supreme court giving orders on Jarawa buffer Zones. But it is not that Supreme court
picked up the matter after reading that Jarawa dancing video controversy.
The issue of buffer zone has been going on since 2007. Here is the chronology:

2007

A&N administration brought a Buffer Zone notification in 2007.

This notification prohibited any trade or tourism activity within 5 kms radius of the Jarawa Tribal Reserve.

2007

A tourist resort went to court against this order.

2009

Calcutta High court says notification is invalid.

2010

Supreme court says notification is valid. Orders the A&N administration to implement it.

2010-11

A&N administration doesnt implement the notification due to widespread protests by local people who depend on
tourism.

Mid2012

Supreme court asks why notification is not implemented?

Jan 2013

March
2013

Supreme court puts interim ban on tourists from using Andamana Trunk Road.

Only government officials, persons residing in the reserve and vehicles carrying essential commodities for
the Jarawas would be allowed on the Andaman Trunk Road.

This ban will be in effect until authorities come up with notification and seriously implement It (=no
trade/tourism within 5kms radius of Jarawa reserves=buffer zone).

Authorities come up with notification, Supreme court lifts the interim ban.

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click to enlarge
Now lets check a related topic
Tribal Commissions

Article 339 of the Constitution says President needs to appoint a tribal commission after 10 years of commencement of
Constitution and thereafter as and when he deems fit. So far two tribal Commissions have been made:

Tribal Commission

Year

Chairman

Main suggestion

1st

1960

UN Dhebar

Need to update laws about tribal land transfer.

2nd

2002

Dileep Singh Bhuria

Need to make a comprehensive tribal policy.

Now Government is planning to constitute third tribal Commission. Mainly to deal with following issues
a.

examine various issues of development and welfare of tribals, especially primitive tribal groups.

b. formulate a new legislation to protect tribal land.

c.

Is there is a need to add 13th schedule in Constitution? Lets understand this one:

As you know,

11th schedule

Functions of Panchayat.

12th schedule

Functions of Municipalities.

But these are not applicable to tribal areas. The tribal areas are governed by 5 th and 6th Schedule.

Administration of scheduled tribes areas in all states except AMTM.( (assam, Meghalaya, Tripura, Mizoram). This
5th schedule is applicable to 9 states.
5thschedul
e

1.

Rajasthan-Gujarat-Maharashtra-Madhya Pradesh (RAGU MAMA 4 states)

2. Himachal-Jharkhand-Chattisgarh-Andhra-Orissa (5 states)

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6thschedul
e

Administration of tribal areas in AMTM (assam, Meghalaya, Tripura, Mizoram).

Although Government earlier made PESA Act, to extend the provisions of Panchayati Raj to above areas but it hasnt worked out
as planned. So Now Government is thinking about creating 13th schedule for traditional governing bodies in tribal areas. The
3rd Tribal Commission will look into this matter.
Mock Questions
CSAT MCQS
1.

Correct statements about Jarawa tribe

a.

Majority of them live in car Nicobar.

b. Their ancestors are believed to have come from Africa.

c.

At present, Jarawa population is estimated to be around 2000.

d. None of above.
2. The jurisdiction for Andaman and Nicobar Islands is with which High Court?
a.

Calcutta

b. Madras
c.

Cuttack

d. Hyderabad
3. Which of the following place is famous for its Limestone Caves and mud volcano?
a.

Ajanta & Ellora

b. Andaman islands
c.

Khasi Hills

d. None of above.
4. Incorrect statement about tribal Commissions.
a.

Constitution mandates that President must setup tribal Commission every 15 years.

b. Last tribal Commission was setup in 1990.

c.

So far, four tribal Commissions have been setup.

d. All of above.
5.

5th schedule of Constitution is applicable to which of the following states?

a.

Punjab, Haryana, Jammu and Kashmir.

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b. Assam, Meghalaya, Tripura and Manipur.
c.

Rajasthan, Gujarat, Maharashtra, Madhya Pradesh.

d. Bihar, West Bengal, Andhra and Tamilnadu.

Mains
Essa
y

1.

Tribals in India after 66 years of independence.

200m

GS1

Discuss the contribution of tribals in freedom struggle.

20m

The conflicting nature of development with indigenous people has come to the fore in Andaman
and Nicobar islands. Analyze the situation and comment on the status quo.

The State has failed to give the tribals a stake in the modern economic processes. Comment.

List the Constitution safeguards for tribals in India.

List the tribal welfare schemes

Write a note on structure and functions of National Commission for STs.

Tribal Development under 12th five year plan.

GS2

GS3

Each for
15m

12m

Interview
1.

One group says Jarawas should be allowed to continue hunting, foraging and their primitive ways of living. Some people
would say Jarawas should be assimilated into Modern human civilization-education, jobs, business, money and the joy
that money brings in: cable TV, fridge, bike, car, mobile and internet. Where do you stand on this?

2. People living in Union territories are at disadvantage compared to people living in big states. For example, State
Governments of UP and Tamilnadu are giving free laptops to students, but you never hear that for Diu Daman or
Andaman-Nicobar. Therefore, all Union territories should be merged with nearby States. Agree / Disagree why?
3. Do you think there is a need to create 13th schedule in the Constitution, for tribal governing institutions- Yes/ No why?
4.
++++++
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

[Polity] Inner Line Permit (ILP) issue in Manipur: Background, implications, controversy explained
What is Inner Line Permit (ILP)?

If youre an outsider and want to travel to MiNA (Mizoram, Nagaland, Arunachal Pradesh), youll need this Inner Line
permit (a type of certificate/paper).

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Even if youre an Indian citizens and wish to travel to these places, youll need an ILP.

This provision was made by Britishers under an Act called as Bengal Frontier Provision Act,1873.

+ An outsider cannot take away any rubber, wax, ivory or other forest product (or any book, diary, manuscript, map,
picture, photograph, film, curio or article of religious or scientific interest outside these inner line permit areas.

This ILP provision was made to give special protection to the indigenous people.

Whatre the Implications of ILP?

ILP certificate can be used only for travel and not for permanent residency in the area.

Outsiders cannot buy property in the state.

Inter-caste marriages are not possible as residences of outsiders are not permitted.

There is no competition among the backward tribes and inflowing foreigners.

Although such provisions though are not valid for Central govt employees, security personal, etc.
Why ILP in MiNA but not in Manipur?

ILP is applicable only to MiNA (Mizoram, Nagaland, Arunachal Pradesh), but it is not applicable to Manipur. So, question:
Why doesnt Manipur fall under ILP system?

Because MiNA (Mizoram, Nagaland, Arunachal Pradesh) were under the British control till independence. So Britishers
implemented ILP permit there, but Manipur was princely states so ILP wasnt implemented here.

Although, Manipur (as a princely state before independence) had created its own system of Permits/ passports but it was
abolished in 1951.

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Now people of Manipur have made an organization Federation of Regional Indigenous Societies (FREINDS) and theyre
demanding Government of India to implement Inner Line Permit system (ILP) in Manipur as well.

In 2012, Manipur State Assembly also passed a resolution urging Government of India, to implement the ILP system to
Manipur.
Pro ILP arguments for Manipur

Inner line permit should be implemented in Manipur because

#1: competition increased
1.

After independence, the influx of foreigners/non-locals/outsiders in Manipur has increased exponentially. This has led to
increased competition (in jobs, business, election) among locals and outsiders.

2. Foreigners like the Bangladeshi, the Nepalese and the Myanmarese have started standing for local elections and some of
them have also emerged victorious!
3. Local youth has to compete with outsiders for state Government jobs, college admissions.
4. Influx of outsiders, changes the demographic structure of the state= in long term, this could post to reservation quota for
scheduled Tribes and Scheduled Castes.
#2:social problems
1

Outsiders bring their language and culture. It poses threat to Manipuri language, scripts and local dialects.

Drug trafficking cases, incidents of rape and other crimes in the State have become more rampant due to the inflow of
outsiders into Manipur.

Manipur is one of the six high HIV prevalence states in the country. The influx of migrants is worsening this problem.

lands in tribal belts and blocks are being occupied by non-tribals and Bangladeshis, but the government machineries have
done nothing to protect these lands from the encroachers.

Since the NE states are already backward in areas of education, infrastructure, etc such a competition has been passing
onto the even younger generations.

The recent violent riots in Assam is an example on how if immigration is unchecked can lead to severe problems. (Click me
to learn more about it)

Outsiders are ready to work for lower wages. This makes difficult for the local Manipuri tribals to get any employment.
#3: Valid demand

ILP system is already in place in MiNA (Mizoram, Nagaland, Arunachal Pradesh), then why should it not be implemented
in Manipur, which is in the same geographical area, facing similar problems for immigration.

ILP system doesnt prohibit outsiders from entering into a state. It merely requires them to get registered so they can be
easily identified.

Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture
of its own shall have the right to conserve the same. This demand is therefore constitutional and legal.
Anti ILP argument

Indian Polity 125

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1.

The North Eastern states lack labour and trained professionals. (Doctors, CAs etc.) Hence ILP permit will be a setback for
the already under-developed region.

2. Migration is an issue for all regions in the country. It is unavoidable.

3. The problem of illegal migrants (Bangladeshi, Nepali, Burmese) can be tackled easily by increasing the border security.
Therefore, ILP is not necessary.
4. If ILP system is implemented in Manipur, other states will also start demanding the same, this political propaganda will
be harmful for national integration.
The case of Meghalaya

Very similar arguments of rise of immigrants are present in Meghalaya also.

The government created a committee under its Dy.Chief Minister to recommend steps.

Another solution was to provide for a 3-tier ID card for immigrants.

There are already other strict provisions in Meghalaya to prohibit outsiders from buying property.

Also, contractors employing more than 5 immigrant workers need to register with the state.
Persons in News: Manipur

1.

Khundrakpam Pradipkumar

HIV positive bodybuilder. has won a bronze in the Mr World competition in Bangkok
(2012)

Mary Kom

London Olympics, 2012. Bronze in Female Boxing (Flyweight (51kg))

Okram Ibobi Singh

CM of Manipur. (third consecutive term)

MCQs
Q1. Find Correct Statement
1.

The system of ILP is required for tourists visiting the states of Nagaland, Meghalaya and Arunachal Pradesh.

2. Indian tourists are not required to get these ILP permits.

Choice
A. Only 1
B. Only 2
C. Both
D. none

Indian Polity 126

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Q2. Which among the following were princely states during the making of Constitution?
1.

Manipur

2. Junagarh
3. Baroda
4. Bhopal
Choice
A. Only 1, 2 and 3
B. Only 1 and 3
C. Only 2 and 3
D. All of them
Q3. Moving from North to South, which is the correct order?
A. Mizoram, Manipur, Nagaland
B. Manipur, Mizoram, Nagaland
C. Nagaland, Manipur, Mizoram
D. Mizoram, Nagaland, Manipur
Q4. Find Incorrect Statement
1.

Mary Kom won 2012 Olympic Bronze for female boxing under Lightweight category.

2. Khundrakpam Pradipkumar is a famous HIV positive bodybuilder from Mizoram.

Choice
A. Only 1
B. Only 2
C. Both
D. none
Mains
1.

Khundrakpam Pradipkumar (2m)

2. The case for Inner Line Permit in the North Eastern states is a complex one. Analyze the situation and give possible
solutions.
3. Indias Economic Policy has changed but its Population policy is yet to change. Comment with respect to the recent
immigration issues of the country.

Indian Polity 127

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Interview
1.

What are your views on the Inner Line Permit issue? Is there a possible middle path?

2. Can you suggest a few possible measures that can be a possible win-win situation to both immigrants and locals?
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+
Delegated legislation: meaning, advantages, criticism explained

What is Delegated Legislation?

MP/MLAs make the law only in a broad skeletal form.

Then executive (union/state Government and its bureaucrats) fill up the minor technical details.

When legislators outsources the law making work (partially) to the executives (Bureaucrats), this is known as Delegated
Legislation / subordinate legislation.

In other words, delegated legislation =When parliament confers the law making power to the executive.

For example, legislature enacts a law regarding the registration of Motor Vehicles. Then executive (Government and its
bureaucracy) make provisions regarding who will get the license and how? (Bring proof of residence, Passport size photos
etc. youll have to pass a written test on traffic signs, then youll have to drive vehicle in presence of RTO inspector and so
on)
Advantages of Delegated Legislation

Delegated Legislation is universally recognized and is both desirable and legitimate.

Lack of Time

Parliament and State Legislative assembly (SLA) are too busy, theyve to make laws affecting every ones life from womb to
tomb.

And often these houses are adjourned due to shouting and ruck sacking of MPs/MLAs.

In such situation, delegated legislation is inevitable.

Lack of Expertise

Modern legislation requires technical expertise of the subject matter for example IT security, money laundering, clinical
research etc.

MP/MLAs are representatives of people. Theyre not representatives of physics, chemistry, economics or medical science.

Therefore, Parliament / SLA is not omniscient (=knowing everything).

Parliament/SLA does not possess the expertise to decide whether thalidomide or lomotil should be administered to
expecting mothers, or what type of powers should be given to an investigating officer dealing with IT security.

So it is better to allow bureaucracy to fill out those details in a law.

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More flexible

In delegated legislation, parliament / SLA makes law in a broad skeletal form. Then executive (Government/ bureaucrats)
fill up the minor details. So those minor details can be changed immediately without requiring a formal amendment in the
parliament / SLA. = more flexible.

Delegated legislation can be rapidly adjusted to meet the local requirements. (e.g. during outbreak of epidemic, natural
disaster).

Delegated legislation helps during unforeseen crisis e.g. war, epidemic, natural disaster, economic crisis etc.

Delegated Legislation allows experimentation. In the light of experience, you can change it immediately.
Anti-Arguments

1.

The argument that politicians lack technical expertise is hollow because even executives (bureaucrats) are not expert on all
technical matters, theyd need to consult the experts in the respective field (e.g. medicine, IT, economics etc.)

2. Government (and its Bureaucrats) often make provisions under delegated legislation that it becomes difficult and
cumbersome for common man to seek remedy even in the courts. For example, in 1999, Department of
Telecommunications had issued a notification under the TRAI Act that if there is any dispute between licensee (company)
vs Government, then only Government can make reference to TRAI. (Meaning company cannot directly approach TRAI in
case of telecom related dispute.) this is a blatant misuse of delegated legislative powers.
3. Law making power in the hands of executive = curtails individual liberty, leads to arbitrariness and injustice.
4. sometimes even tax related laws are also delegated, it goes against the principle of no taxation without representation.
5.

Administrators dont consult common people even while making laws that affect their lives.

6. Delegated legislation will decrease the control of legislature over executives.

7.

The constitution entrusts the duty of law making to the parliament and the various state legislatures. They cannot betray
the trust and transfer this duty to some other authority.

8. In the name of technical law making by executive sometimes even basic or those that can be made by the legislature.
9. The executive is unconnected with the people and thus they would not take into account a lot of substantive interests of
people. Theyre more focused on technicalities of implementation or whatever serves their interest. (e.g. presently under
R.T.I act, the bureaucracy must give information within 30 days. But if the same R.T.I law making was delegated to them,
theyd have given deadline of 90 days instead of 30 days!)
10. Parliament does not have adequate facilities to scrutinize every piece and section of delegated legislation. (The
parliamentary committee on subordinate legislation is not a Committee of technical experts. hence lacks the acumen to
check.) this turn delegated legislation into one form of despotism.
Safeguards
#1L Parliamentary Safeguards:

Parliament has various Committees (like Public accounts Committee, departmental standing Committees). Similarly there
is one Committee on Subordinate legislation. It carries out detailed scrutiny of all the rules framed by the executives
through delegated legislation.

The committee then submits its report to the speaker of the Lok. A copy also tabled in Rajya Sabha.

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If executives make some mischief in law making, parliament / SLA can always over ride it. Delegated legislation is meant
to save the time of legislators without undermining their responsibility .
#2: Judicial Safeguards:

Judiciary can declare a delegated legislative acts as invalid if

1.

The parent act (enabling act) itself is ultra vires (against the Constitution).

2. The provisions of subordinate legislation violates the Constitution

3. Subordinate legislation is moving in a different direction than the parent act (enabling act).
Mock Questions
1.

What is the meaning of Delegated legislation

a.

When parliament confers the law making power to the judiciary.

b. When executive confers the law making power to the parliament.

c.

When parliament confers law making power to state legislative assemblies.

d. When parliament confers the law making power to the executive.

2. Which among the following Committees of parliament, is responsible for scrutinizing delegated legislation?
a.

Committee of privileges

b. General purpose Committee

c.

Rules Committee

d. Committee on subordinate legislation.

3. What is the purpose of Art 50 in the Constitution of India?
a.

Separation of legislature from the executive.

b. Separation of law making power from law executing power.

c.

Separation of judiciary from executive.

d. Separation of delegated legislation from enabling legislation.

4. Which among the following arguments favors delegated legislation?
a.

Bureaucrats are incompetent and greedy.

b. Legislators have sufficient time and expertise to enact every law in full detail.
c.

legislators donot have sufficient time and expertise to enact every law in full detail.

d. judiciary is better equipped to enact laws than legislature.

5.

The prerequisite for a delegated legislation is:

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a.

2/3rd majority of all members of both the houses.

b. 2/3rd majority of all members of only lok sabha

c.

2/3rd majority of all members of only Rajya Sabha

d. None of above.
6. Delegated legislation concept is applicable to
a.

Only parliament

b. Only state legislative assembly

c.

Both

d. None of above.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
+++
Education: Government schemes, organizations, SABLA, NPEGEL, Jalmani, Bal Shree, mock questions
Introduction

List is not exhaustive. Article is written mainly keeping the MCQs worthy information and skimming the rest.

Article is subject to revision.

Constitutional provisions abt. Education

15

Right

Prohibition of discrimination.

21/A

Right

Free and compulsory education for 6-14 y.o. kids

30/1

Right

Minority educational institutions.

51h

Duty

Develop scientific temper, humanism, spirit of inquiry and reform (lolz tell that to devotees ofDhongi
Baba-log)

51A(K
)

Duty

Parent/guardian provide education to their 6-14 y.o kids.

45

DPSP

State shall give early childhood care and education for all kids upto 6 y.o.

46

DPSP

State to look after Educational and economic interests of SC, ST,OBC.

1.

SC=15%

2. ST=7.5%

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3. OBC=27%
^these % apply to central (not state) educational institutions.
In state edu. Institutes, reservation depends on population. E.g. Punjab has no ST reservation.
Tamilnadu only 1% ST reservation.

86th

93rd

Amendmen
t

Amendmen
t

86th Constitutional amendment 2002

It inserts 21/A= kids have right to education.

It inserts 51A(k)=adults have duty to provide education to their kids.

93rd Constitutional amendment act 2005

It amended art 15 (Fundamental Right) to provide reservation for SC,ST and OBC in private
institutions. (including self-financed but excluding minority educational institutions.)

it nullified Supreme courts judgment in Inamdar case that State cannot impose reservation on
private unaided institutions.

Scheme: Food

Midday
meal

SABLA

Class 1 to 8. Applicable to Govt.schools, Government aided schools, local body schools, EGS, AIE
centre , Madrasas and Maqtabs.

Started in 1995.

Rajiv Gandhi Scheme for Empowerment of Adolescent Girls

To provide nutrition for growing adolescent girls by provision of food grains.

All girls will be given a kishori card which will be updated with details of the girls growth and
provision of the food grains.

Kids

Girl
s

Schemes: infra/Services
Term

Target

Provision

RTE09.

Kids

Fundamental right

notes

Art 21A / 86th amendment 2002

Right to education act passed in 2009.

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Sarva Shiksha
Abhiyan (SSA)

Kids

Became operative from 1st April 2010 (april fool?)

Free and compulsory edu. Age 6-14

Started in 2001.

RTE is being implemented via SSA.

alternative schools,

Bridging gender-social gaps in enrolment, learning.

Infra+services

Infra, services

Rahstriya Madhyamik Shiksha Abhiyan

Started in 2009.
To enhance access to secondary education.
To increase the enrollment rate from current 52% (2005-06s
number) to 75% within five years.
Provide secondary school within reasonable distance from any
habitation.
Provide affordable (not free) secondary education to all.
universal access to secondary education by 2017
universal retention by 2020.

Sakshar Bharat

Illiterate
adults.

Infra+service

Earlier known as National Literacy mission (NLM)

For illeterates above 15+ age.
Setup Lok Shiksha Kendras (Adult Education Centres).
Primary focus is on Women.

Kasturba Balika
Vidhyalaya

girls

Infra+service

Residential upper primary schools for girl SC,ST,OBC,Minority

girlsTarget: scattered habitation.

NPEGEL

Girls
@elementary
level.

Service/supervision

National Programme for Education of Girls at Elementary Level

to reduce the school dropouts by giving special attention to
weak girls. In villages, womens group are formed. These groups
do follow up/supervision on girls enrollment, attendance,
achievement.

Awareness

Educating rural women for empowerment. Under this scheme

womens forums (Mahila Sangha) created. It provides space for
rural women to meet, discuss issues, ask questions, make
informed choices. Implemented in ten states.

RMSA

Teens

Mahila Samakya

Girls hostel 4
secondary+higher

IDEDSS

Rural women

Girls

Disabled
students

Class 9 to 12

SC/ST/OBC/BPL

In educationally backward blocks.

This will be merged with RMSA in 12th FYP.

Infra (hostel)

Services + cash to
girls.

Inclusive Education for Disabled at Secondary StageEnroll

disabled students in highschool (class 9-12)

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School Health
Programme

kids

service

A wide range of activities to target healthiness among school

students.Biannual health screenings and early management of
disease,disability,etc.
Weekly Iron and Folic Acid Supplement (WIFS) to tackle
anemia in boys and girls.
Immunization schemes,etc

Babu Jagjivan Ram

Chhatrawas Yojana

highschool
Teens
collegians

Hostel, infra

Hostel Facilities to SC boys and girls in Middle and Higher

Secondary Schools, Colleges, Universities.
Funds given to states, NGOs to create infrastructure.

Infra

Installation of standalone water purification systems in rural

schools.
100% central assistance. This is done by Ministry of Drinking
Water and Sanitation.

Jalmani

Bal Shree scheme

Rural kids

Kids

teaching/training

EGS

Kids in
remote areas

Teaching

AIE

Deprived kids
child laborers
street kids etc.

Teaching

ICT in schools

All

e-learning

Launched by national Bal bhavan.

Identify kids in four areas of creativity : art,

performance, science, writing

And then train and nurture them.

Education guarantee scheme

25 kids in the given habitation but no school within

distance of 1 kms. (15 for hill, tribal, desert hemlet.)

Alternative education interventions

High speed internet connection.

Virtual classrooms, online teaching and other fancy

stuff.

Organizations
Scheme

National council for

teacher education

National bal bhavan

target

Teachers

Notes

Norms for techer training institutes

Minimum qualification for appointment of teachers

Survey, research and other fancy stuff.

Funded by HRD ministry

kids

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Kendriya vidhyalaya
(KV)

CBSE

NIOS

NCERT

Jawahar Navodaya
Vidhyalaya (JNV)

Kids of transferable central

Govt.employees
+Defence personnel.

Teens

Develop creativity in kids aged 5-16. Dance, drama,

painting, craft workshop etc. fancy stuff.

No fees for boys upto class 8 and SC/ST upto 12

100 KV in North East

100% centrally funded.

Central Board of secondary education.

Board exams (10,12)

All India pre-Medical, dental, engineering exam

Entrance test for Navodaya Vidhyalaya

Designing syllabus

National institute of open schooling.

Distance education for secondary and senior secondary

Vocational courses

Largest open schooling org in the world

Established in 60s.

national council of educational research and training.

Teacher training through EDUSAT

Educational content via Gyan Darshan and Gyan Vani.

Identify bright rural students give them better schooling.

(free textbook, uniform, hostel).

Class 6 to 12.

Teens

Kids
+Teens
+UPSC aspirants

Rural kids

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Jan Shikshan Sansthan

UGC

IGNOU

INDEST

NBT

Admission based on entrance test.

33% reservation for girls.

National integration by exchanging students from hindi,

non-hindi belt.

Has 2 lakh + students, in 500+ JNV.

Vocational training to non-literate, neo-literature, school

dropouts.

Tailoring, soft toys, cottage, leather etc.

University grants Commission.

Statutory org.

Established in 50s

Coordination between union and states regarding higher

education.

Established in 85.

Higher education for those who cannot attend regular

college.

Gyandarshan=24 hr edu. Channel

Gyan Vani=Educational FM radio

EDUSAT=exclusive educational satellite.

Indian national digital library for sci-tech.

Under HRD ministry

National Book trust.

Autonomous under HRD Ministry

Adults

Collegians

Collegians, UPSC aspirants

e-library

readers

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WIPO

Model schools

Pirates

Publication of books

Promotion of books abroad

Increase reading habit

Organize book fairs

World intellectual property organization.

Specialized agency of UN

Indias Commerce ministry coordinates with WIPO.

These are based on Kendriya Vidhyalaya template.

Setup in Educationally backward blocks under 11th FYP.

Kids

Schemes: CASH/scholarship/award

Dhanlakshmi

Rajiv Gandhi National

Fellowship Scheme

National Overseas
Scholarship

Girls

Conditional Cash Transfer for Girl Child following 3

conditions.

At birth and Registration of Birth.

Progress of Immunization and Completion of

Immunization.

Enrolment and Retention in School.

The scheme is to change attitude of a thinking a girl child as

financial burden.

Assistance to SC/ST students for M.Phil, PhD programmes.

UGC is the nodal agency.

To SC,ST,artisans,tribals,weavers,etc.

For higher studies abroad (Masters/PhD) in the field of

Engineering,Technology,Science.

Collegians

collegians

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Dr.Ambedkar national
scholarship scheme.

Class 10 student from

SC/ST/poor family

One time cash award of Rs.1 lakh to 3 students scoring

highest marks in class 10

Maharshi Badrayan Vyas

Samman

30-40 yo Sanskrit
Scholars.

Award for Research on Sanskrit / ancient Indian wisdom.

Mock Questions
1.

Which of the following org. is associated with HRD ministry

a.

INDEST

b. National Book Trust

c.

National Bal Bhavan

d. All of above
2. What is the purpose of Jan Sikshan Sansthan?
a.

Provide vocational training to non-literate, neo-litearate and school dropouts.

b. Provide basic education to illiterate adults.

c.

Create awareness about health and reproduction among rural people.

d. None of above.
3. Correct chronological order? (older to newer)
a.

Mid Day meal, RTE, SSA

b. SSA, Mid Day Meal, RTE

c.

RTE, Mid Day meal, SSA

d. Mid Day Meal, SSA, RTE.

4. What is the purpose of Jalmani Yojana?
a.

Install water purifiers in remote hemlets with population less than 500.

b. Installation of water purifiers in rural schools.

c.

Provide drinking water in desert areas

d. Provide subsidy to farmers for installing drip irrigation system.

5.

What is the primary aim of Dhanlakshmi Yojana?

a.

Prevent child marriages.

b. Promote intercaste marriages

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c.

Change the mentality of seeing girl child as a financial burden.

d. Provide scholarship to bright girl students to pursue PG or Ph.D.

6. Which among the following Indian ministry coordinates with WIPO?
a.

HRD

b. External affairs
c.

Commerce and industries.

d. Science and technology

7.

UGC is a
a.

Statutory organization

b. Attached office of HRD ministry

c.

Constitutional body

d. Subordinate office of HRD ministry

8. Who releases Educational content via Gyan Darshan and Gyan Vani?*
a.

Education ministry

b. IGNOU, NCERT
c.

National Bal Bhavan

d. None of Above.
9. Who is responsible for conducting All India Pre-Dental entrance test?
a.

AICTE

b. Medical Council of India

c.

Dental Council of India

d. CBSE
10. Who among the following looks into the Minimum qualification for appointment of teachers?
a.

UGC

b. HRD ministry
c.

NCERT

d. National council for teacher education

11. What is the purpose of Bal Shree scheme?

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a.

Identify creative children and nurture them.

b. Provide extra protein and iron supplements to kids suffering from malnutrition
c.

Provide free medical checkup in Government schools.

d. None of above.
12. Purpose of Mahila Samakhya scheme?
a.

Provide incentives to female graduates to join teaching profession.

b. Provide reservation to females in Government college lecturer jobs.

c.

Empower rural women by educating them.

d. None of above.
13. Target beneficiaries of SABLA scheme are
a.

Dowry victims

b. Adolescent girls
c.

Rural women

d. All of above.
14. The Kendriya vidhyalaya are meant for
1.

Wards of Transferable state Government employees

2. Wards of Transferable central Government employees

3. Wards of Defense personnel
4. Bright students from naxal affected areas
Choice
a.

Only 1 and 4

b. Only 2 and 3
c.

Only 1, 2 and 4

d. Only 2
15. Correct statements about Rahstriya Madhyamik Shiksha Abhiyan (RMSA)
1.

Provide free and compulsory education to high school children.

2. Increase the highschool enrollment rate from 52% to 75%

Choice

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a.

Only 1

b. Only 2
c.

Both

d. none
16. What was the purpose of 86th Constitutional amendment act?
1.

Make right to education a fundamental right

2. Impose duty on parents and guardians to provide for education to their children.
Choice
a.

Only 1

b. Only 2
c.

Both

d. none
17. correct statement
1.

93rd amendment inserted article 21/A and 51A(K) in the Constitution.

2. 86th amendment modified article 15 of the Constitution.

Choice
a.

Only 1

b. Only 2
c.

Both

d. None