SC strikes down 8(4) of RPA

Section 8(1), 8(2) & 8(3) deals with crimes whose conviction entails disqualification. Section 8(4) says disqualification of MPs/MLAs shant take place if they have filed for appeal within 3 months & case isnt yet disposed by court. It was called as ultravires as it was inconsistent with Constitutional provisions of of disqualification of MLAs/MPs 1. 102(1) says person is disqualified from being chosen as MLA/MP if he is disqualified under any law of Parliament. SC concluded just like he cannot be chosen, similarly his elected seat too stands vacant. 2. The court said MP/ordinary citizen cannot suffer disqualification if he obtains stay on his/her conviction & not just on sentence. 3. This isnt applied retrospectively as it would create practical & administrative problems. <Today if someone is convicted, he loses his seat> Implications of this law: Decriminalisation of politics Stability in Indian politics would be hurt. But if stability is on basis of criminals, we censure it. We need stability with ethics & morality. Creates conflicts b/w judiciary & executive?? Judgement was just clinical interpretation of law. Both know their limits well. Now the civil society of India is very active & it should play it role very well. Centres of powers should be developed or wise government would run like an organisation based on client-patron relationship.

Strategic relationship meaning??

Encompasses political-diplomacy, defence and trade ties. Strategic relationship is like making rise in relationship to a next level. Oxford Dictionary defines strategic as anything relating to long term interests and goals; a strategic partnership, by extension, would relate to long term shared interests and ways of achieving them. Eg: Russia is Indias best strategic partner but fairs poor in trade, US is 2nd besthelps in trade ties but poor in diplomacy (Stand on Pakistan, Af is inconsistent). Two strategically close countries shouldnt have conflicting goals.

Ordinance route??
Related to 123(Pres) & 13 (Governor)| Even GoI, 1935 act had. Why given?? Ambedkar said, ..when circumstances warrant a necessary legislative action & Parliament not in session; existing law maybe deficient in dealing with contingencies. This power is different than other executive powers of President. Exploits: TRAI (for attracting private investors), SARFAESI , NTT (Natl tax tribunal)(unblocking the revenue blocked due to pendency of litigation

issues).deliberate attempts to push through policy issues by using prerogative of ordinance. Rightly used: IMC (A) O 2011 which dissolved MCI. Judicial Review: Ordinances are law under Art. 13, Validity of ordinance is just like that of other laws; Court refrains from scrutinising motives (moral policing??) of legislatures. Why does exploitation of this power takes place?? Strong & Muscular executive Weak, Fragile & Divided legislature. The above two are signs of coalition government. Highest ordinances/yr were 32 recorded during 1995s when coalition govt. was emerging in India. Solution Executive should see if situation warrants necessary action.shouldnt encroach on Legislative. 3 wings of democracy should converge with shared powers rather than compete for power, for successful rise as theoretical & practical democratic nation in new world order.

NAC recommends major role of Private sector in health care

UHC: Providing equitable (fair & just), <Preventive, Curative, Prohibitive, Promotive > healthcare universally to all the citizens irrespective of discrimination on the basis of caste, religion, gender, income, social status in any part of country & services addressing wider determinants of health. Govt. is enabler & guarantor of health services though he maynt be the only one. NAC recommends operations of PHC & sub-centre through PPP. Plus the mandatory burden on under-funded PHCs to carry out functions like safe drinking water, sanitation needs should be done away with. Govt. centres face resource crunch due to under-funding & diversion of resources to private sector. <Why PPP?? Because it would increase much needed private infra for burgeoning health demands & govt. funds would flow in.similar to managed care suggested by PC> NAC recommends integration of private insurance schemes into govt. infrastructure. <Even HLEG suggested but with caution since induced demands, moral hazards & provider-purchaser split would result in breakdown of health machinery>. JSA (Jan Swasthya Abhiyan..Group of individual..like NGO) opposes this move saying integrate govt. insurances with govt. infrastructure. Private would lead to profiteering. NAC recommends NHRDA (National Health regulatory & Development Authority) but its unclear how it is different from existing legislations like NCEA (National Clinical establishment Act). A strong integrated Govt. healthcare system would provide better UHC with accountability; no need of regulations--JSA My take: With burgeoning needs, it is essential to join hands with Private sector to provide the much needed UHC but at the same time ethical issues & accountability shouldnt be compromised for it is necessity of a full-proof & holistic healthcare system. A regulator with PPP & transparency with accountability with sensitization regarding ethical practices would make the dream of UHC take practical & more importantly a success. The whole private sectors capability & ethics shouldnt be undermined due to few corrupt individuals.

Snowden issue
UDHR art. 14 state every individual has right to seek & to enjoy asylum from persecution (maltreatment) in other countries. Was he right?? Yes, humanitarian duties transcend the national boundaries. It is necessary to support his case for more such Snowdens. Rights of humanity are more important than parochial regional laws. US pressuring China, HK, Russia & S.American nations??<Morales wasnt given air transit in FPS & frisked in Vienna for 13 hours> The natural corrective response would be to show solidarity in dealing such cases. It is countrys sovereign right to grant asylum or not. Pressuring isnt the way ahead in democratic world order. While most people of US celebrate Snowden as whistleblower, Govt. condemns him as traitor. Regional groups & International groupings should control the hegemony of few nations. <MERCOSUR, UNASUR> US govt. was carrying out espionage & secret surveillance operations infringing upon privacy rights of citizens as well as countries. This shows strong nexus b/w powerful government & capitalist technology giants. <Ethics in professional sphere is new of the hour. >