Let’s first see how police database system used to work earlier.Ok so
what’s the problem in above system?
Duplication of records.
Criminals will just move from one state to another.
Very hard to track Repeated Offenders.
Each police station has lot of individual records and files =just
gathering dust. (plus very time consuming to search data in
paper files)
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?
Benefits to Citizen
You can register complaints can online.
You can track the progress on your FIRs online. (Similar to
Track your application in Passport Seva Kendras- software
developed by TCS company for Ministry of External affairs.).
You can download various forms (police clearance for domicile
certificate etc.)
You requests police to verify background for servants,
employment, tenants.
senior citizen registrations can register themselves (so
policeman will visit your home once in a while to see everything
is ok)
Motor Vehicle Tracking System,
List of missing persons, unidentified persons & dead bodies. So
you don’t have to go from pillar to post to get such information.
These are just some of the planned expansions. Many more can be
introduced. (and you can asked to give suggestions during interview.)
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?
a. Only 1
b. Only 2
c. Both
d. None
a. Only 1
b. Only 2
c. Both
d. None
Subject List
Mains
1. BPRD. (5 marks)
2. CCTNS.(5 marks)
3. Discuss the features and benefits of Crime and Criminal
Tracking Network System.(15 marks.)
Essay
1. Police Reforms
2. Policing the Police
[Polity] Judicial Impeachment, reforms, Judicial
accountability Bill,Sri Lankan CJ Impeachment
Reforms necessary
The judges can easily escape the embarrassment of an
impeachment proceeding by resigning from their post.
So even if a judge has resigned, the proceedings should
continue against him for impeachment.
A resignation can be accepted only if the President accepts it.
Even without amending the law, the President can withhold the
resignation letter of the judge till the proceedings follow through.
For a long term solution, an amendment has to be passed to
make sure that if an impeachment proceeding has been
accepted in the Parliament, then resignation is not an option!
Now, let us look at some other current affairs related to Judicial
Impeachment.
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?
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
Juvenile in
Child in need of care and protection conflict with
law
Juvenile
Authority Child Welfare Committee. Justice
Board.
Why in News/Controversy?
One of the rapist in Delhi case, claims to be a Juvenile.
Delhi police will file a separate charge sheet against him in a
juvenile court.
Even if he is convicted, he’ll get maximum 3 years stay in a
Juvenile reform facility.
Once he attains majority (18+), he cannot be kept with minor
convicts at Juvenile reform facility AND he can he be sent to jail
with adult convicts. So he’ll be released.
This so called “juvenile accused”, had beat that Delhi gangrape-
victim with an iron rod mercilessly. Yet the law calls him a
juvenile and he’ll be released with very light punishment.
Therefore, people are angry.
Reforms Sought
Rape 1200
Murder 1100
Kidnapping 500
Burglary 500
Australia
Any individual over 14 years of age is held accountable of any
crime committed by him.
whether the individual is to be tried as a minor or an adult
depends again on the heinousness of the crime.
India
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.
Functions of NCPCR?
Review national laws, policies regarding Child rights.
Recommend measures to Government for their effective
implementation.
Present annual reports to central Government.
1. Terrorism
2. Communal Violence
1. Children in distress,
3. Riots
2. Marginalised and
4. Natural Disasters
disadvantaged children,
5. Domestic Violence
3. Children in conflict with
6. HIV AIDS
law (juveniles offenders)
7. Trafficking
4. Children without family
8. Maltreatment
5. Children of prisoners.
9. Torture And Exploitation
10. Pornography
Other functions
Constitutional Provisions
24 Child labour
Mock questions
Q1. Which of the following is/are correct about Juvenile Justice Act
Ans
a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. None.
Ans.
a. Only 1
b. Only 2
c. Both
d. none
2. 23 Forced labour
3. 24 child labour
a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. All
Essay
Interview
China India
Police DNA
~280 ~6
Laboratories
1. crime detection
2. as an evidence in judicial proceedings for admissibility of
evidence
Structure
The Bill establishes following organizations:
Anti-Arguments
While the DNA profiling bill aims to modernize the crime detection and
conviction, the experts give following arguments against the bill.
1. Asking every person for DNA test, before granting him/her caste
certificates.
2. Instead of conventional population survey, Government could
use DNA profiles for “Extrapolating” statistics and then
increase/decrease reservation for a particular category in
particular state.
3. Excluding a particular caste or a group of people from
reservation benefits.
4. Screening potential suspects on basis of caste. Can be used to
brand certain individuals and communities as people with
‘criminal traits’, just like Britishers had branded certain tribes of
Northern and Central India as ‘criminal tribes’ in past.
5. knowledge of an individual’s exact social background can
damage the institution of an arranged marriage.
Mistake is possible
Yet the Bill does not mandate a set of best practices that could
help in minimising these errors.
Evidence Tempering
Ideally court order should be necessary if a private citizen
wishes to see the DNA database.
But here, the DNA Data Bank Manager is empowered to grant
access to any person or Government agency that he considers
appropriate!
This can lead to tampering of evidence in case of high profile
cases involving VVIP criminals and politicians. Thus leading to
conviction of innocent person and or exoneration of real criminal.
Although DNA Profiling Bill, provides penalties for misuse of
data : jail up to three years and a fine of up to 10,000.
Suggestions
DNA profiling should be done only for serious crimes and not
minor offenses.
Destruction of DNA samples once a DNA profile is created.
Clearly defining when a court order is needed to collect DNA
samples,
defining when consent is required and is not required from the
individual for a DNA sample to be taken
ensuring that the individual has a right of appeal.
Timeline
draft Human DNA Profiling Bill was made public
but it had many shortcomings, led to lot of opposition
from NGOs, activists etc. hence this bill was never
introduced in parliament.
2007
Then Govt. asked Department of Biotechnology +
Centre for DNA Fingerprinting and Diagnostics (CDFD)
Hyderabad, to update the 2007 Bill.
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).
1. Introduction
2. History of the issue
3. Why confusion over creation of Tribunal?
4. Cauvery Water Dispute Tribunal(CWDT)
5. 2012 and the final showdown:
6. The future, what lies ahead:
Introduction
The peninsular rivers as one must have studied in geography ,
are depended on the annual monsoon. So their flow is
dependent on the success/failure of monsoon.
This year the monsoons were not even close the expectations.
So the states that have been sharing the river waters have come
under extra pressure to save their farmers, among which, the
already heightened battle is the Cauvery water dispute between
Tamil Nadu and Karnataka.
This issue is definitely not new and has been raging for more
than 5 decades now.
Terms
Cubic feet per second. Unit of flow which means the water
Cusecs
flow released continuously.
History of the issue
The river Cauvery has been shared by the states under 2
agreements – The Interstate agreements of 1872 and 1924.
All was well, till the late 1960s when Karnataka wanted to build 4
new reservoirs in the tributaries of Cauvery.
The Planning commission did not approve to give funds and
neither did the Central government.
But Karnataka state went ahead with the building of the
reservoirs with its own funds. These reservoirs were
1. Harangi
2. Kabini
3. Hemavathi
4. Suvarnavathy
Article neither the Supreme Court nor any court shall exercise
262 jurisdiction in water dispute between states.
But the Supreme Court commented that it can however order the
Centre to create a Tribunal which it is supposed to do so under the
Art.262 and the Interstate Water Disputes Act,1956.
TN 419
Karnataka 270
Kerala 30
Puducherry 7
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.
Mock Questions
Q1. find Correct statements
1. The SC enjoys original jurisdiction over Interstate water disputes
2. Article 262 empowers the SC to create Tribunals for Interstate river
dispute
a. only 1 correct
b. only 2 correct
c. Both correct
d. Both Wrong
a) 1,2
b)1,2,4
c)1,2,3
d)All the four
interview
househ
Antyodaya priority General
old
iodized
free free NO
salt
Anti Pro
No need to give them Not enough bank/post-office
actual food.Just transfer branches in Rural areas,
cash directly transferred particularly Maoist affected
to poor families’ bank areas of Chattisgarh. Besides,
account and let them no guarantee that if cash
purchase stuff from transfer is done, poor man
market. won’t waste it on desi-liquor.
1. What is IOC?
2. What is IOA?
3. Jurisdiction over Sports
4. How can Union Government regulate sport?
5. National Sports Development Code 2011
6. What does National Sports Code say about elections?
7. Delhi High Court verdict on IOA/NSF election
8. Why did IOC ban IOA?
9. Implication of IOA’s Suspension?
10. De-recognition by Government ?
11. Why Archery and Boxing Banned?
12. Mock Questions
What is IOC?
International Olympic Committee.
It is the supreme authority for organizing Olympic Games.
Created by Pierre de Coubertin (the father of Modern Olympics)
Motto: Citius, Altius, Fortius (Latin) =Faster, Higher, Stronger.
HQ: Switzerland.
Next Olympics:
What is IOA?
Indian Olympics Association.
1. Olympic Games
2. Commonwealth games
3. Asian Games
Total
Who What
items
List
Concurrent Both union + state 52
III
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.
This is not the first time. Other countries have been banned in past
3. Netherlands
Antilles for not forming their national Olympic
4. South Sudan Committees.
But then things are sorted out with “dialogues and peaceful
negotiations”.
De-recognition by Government ?
Except BCCI, no sports federation in India gets earns truckload
of money. So they depend on Government for ca$h and
patronage.
If any Sports Federation doesn’t fall in line with Government
regulations then Government can “De-recognize” it.
Derecognition leads to following outcomes:
Solution?
Mock Questions
Q1 Find Correct Statements:
a. Only 1
b. Only 2
c. Both
d. None
a. Only 1
b. Only 2
c. Both
d. None
a. Only 2
b. Only 1 and 3
c. Only 2 and 3
d. Only 1 and 2
a. Only 1
b. Only 2
c. Both
d. None
a. Only 1
b. Only 2
c. Both
d. None
Mock questions
1. Which of the following statements are correct?
a. Only 1
b. Only 2
c. Both
d. None
Essay
1. “Any society that would give up a little liberty to gain a little
security will deserve neither and lose both.”
2. “The liberty of speaking and writing guards our other liberties.”
Composition /Members
Why in News?
Because CABE has come up with a “Prohibition of Unfair Practices in
Schools Bill 2012”
Exploitation of parents
Students
1. Allowing students to appear for board exams, without conducting
classes.
2. Helping students to cheat during board exams.
3. withholding students to appear in any examination (e.g. for not
paying fees)
4. expelling a student due to poor academic performance.
5. Not showing answersheets to parents/students.
6. discrimination of SC, ST, OBC, physically challenged students.
7. denying admission or expelling any student if he/she is reported
to have any serious diseases such as HIV/AIDS.
8. corporal punishment in class. (e.g. beating the students for not
doing homework.)
9. Any type of sexual harassment.
Punishment
The bill proposes to setup following authorities
Punishment Upto
Jail 3 years.
Anti-argument
We are against corporal punishment and instruct the teachers not to
beat students. But a teacher cannot be forced to undergo jail term for
punishing the students to follow the right path. (-Progressive
Recognised Teachers Union (PRTU))
Mock Questions
MCQ
Which of the following statements are correct?
Descriptive (Mains)
Essay
Interview
#2 Abuse
Sometimes the relatives of mentally ill persons, are interested in
lodging him into the asylum forever- to grab his property.
Sometimes family members donot send the mentally ill person to
the asylum fearing that his brothers and sisters won’t find
suitable marriage partners. Then such person is forcibly
confined at home, sometimes even chained and ill-treated.
There are many bogus mental health care institutes, where
patients are ill-treated, sometimes even sexually abused.
The Draft Mental Healthcare bill, tries to fix both this issues.
Name Symptoms
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 Confidentiality
No person or authority shall classify that a person has (or had) a
mental illness, except for purposes directly relating to the
treatment of mental illness. For example, a newspaper cannot
write a report like “Thieves robbed Mr.X but he unable to recall
their faces because of dementia.”
A person with mental illness has a right to confidentiality in the
context of his mental health, mental health care and physical
health care.
Protection of privacy, in particular for women – during and after
treatment.
Right to confidentiality also applies to all information stored in
electronic format / website / in public or private sector.
Right to Information
1. A person with mental illness and his Nominated Representative
shall have the right to know the nature mental illness and the
proposed treatment plan including the side effects of drugs.
2. If the patient is unable to understand such information because
of his illness, still his nominated representative can ask for the
information.
3. When the treatment is complete, the ex-patient can ask for all
the details regarding the treatment and medicines given to him.
Criticism
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
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
Functions
Situation 1:
Situation 2:
If the psychiatrist certifies that xyz person doesn’t have mental
illness, then
Such person will be sent to either his home or to Government
establishment for homeless people.
All sounds well and good until now. But still the experts are criticizing
this bill heavily, why?
Incapable patient
1. Those who are suffering from some severe mental
disease/emergency situation
2. They’re completely dependent on family and relatives for every
decision.
3. Such person can be admitted to a mental care institute on the
written consent by his guardian/nominated representative. But
he cannot be kept in the institute for more than 30 days. After
every 30 day, the psychiatrists will have to give certificate
whether he is treated or required further medical care.
4. State Panels of the Mental Health Review Commission will keep
an eye on such cases.
Criticism
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)
Criticism
Criticism
1. What is IRWA?
2. Why do we need to amend it?
3. Proposed amendments
4. Critiques of IRWA amendment
5. Constitutional angle:
What is IRWA?
Indecent Representation of Women (Prohibition) Act, (IRWA)
was enacted 1980.
Why? Ans. To prohibiting the indecent representation of women
through advertisement, publication, writing, and painting.
Proposed amendments
In Oct 2012, the Union Cabinet approved following Amendments in
IRWA 1986
Constitutional angle:
1. Fundamental duty (Art 51): It should be duty of every citizen of
Inida to renounce practices derogatory to the dignity of women.
2. National Commission for Women (NCW; a Statutory body)
reviews the Constitutional and Legal safeguards for women.
Ref
1. http://www.livemint.com/Politics/9HbpgYwWDrY1iaXMaEnhYI/U
pdate-to-indecency-law-worries-ad-TV-industry.html?facet=print
2. http://timesofindia.indiatimes.com/india/Cabinet-OKs-tougher-
indecency-legislation/articleshow/16774368.cms
1. What is Ethics?
2. What is Rule of Law?
3. Two Viewpoints in Fighting Corruption
4. 3 Factors behind Corruption in India
5. Politics and Ethics
1. Election =Mother of corruption
2. Criminalization of politics
3. Election reforms already in process
6. Election Funding
1. Three Patterns of State Funding of Elections
2. Election Funding In India
3. Dinesh Goswami Committee on Electoral Reforms
4. Indrajit Gupta Committee on State Funding of
Elections
5. Election and Other Related Laws Act 2003
6. 2nd ARC Recommendation on Election Funding
7. anti-defection legislation
1. 91st Amendment 2003
2. Anti Defection : EC
8. Disqualification of Candidate
9. Publication of Accounts by Political Parties
10. Coalition Politics and Ethics
11. CEC Appointment method should be changed
12. Disposal of Election Petitions
13. Disqualification for Membership (art.102)
14. Ethics in Public Life
15. Code of Conduct for Ministers
16. 2nd ARC on Ministers’ code of conduct
17. 2nd ARC on Legislators’ Code of Conduct
18. Separation of Powers: Executive vs Legislative
19. 2nd ARC on Separation of Powers
20. Mock Questions
First some fodder quotes for Essays related to Corruption and Ethics:
All that is necessary for the triumph of evil is that good men do
nothing (Edmund Burke)
The punishment suffered by the wise who refuse to take part in
government, is to suffer under the government of bad men (-
Plato)
Righteousness is the foundation of good governance and peace.
(Confucius)
Man himself must become righteous and then only there shall be
righteousness in the world.
Be the change you wish to see in the world (Gandhi)
The line separating good and evil passes not between states nor
between classes… but through the middle of every human heart.
(Aleksandr Solzhenitsyn)
What is Ethics?
Ethics is a set of standards that helps guide conduct.
Ethics is a set of standards that society places on itself
Ethics helps to guide behaviour, choices and actions of citizens.
The Crux of ethical behaviour does not lie in bold words and
expression, but in their adoption in action.
It may not always be possible to establish the criminal offence of
misappropriation in a court, but a Government servant can still
be removed from service for unethical conduct.
E.g. An engineer may have deliberately permitted the
construction of a defective irrigation dam or building. It may not
be possible to get him convicted in court on charges of
corruption but he could be removed from service on grounds of
incompetence.
Law should be so succinct that it can be carried in the pocket of the coat and
it should be so simple that it can be understood by a peasant (-Napoleon)
Blame games
We always find alibi for our lapses by quoting trespass from
other democratic institutions, by resorting to a blame game.
legislators blame the judiciary and vice versa
civil services blame interference by the political executive or
legislatures and vice versa.
(but) The standard should be one of not only the conduct of
Caesar’s wife but of Caesar himself.
If any of the democratic institutions leaves space, the mafia or
extra-constitutional authority occupies that space.
Mindmap
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.
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
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.
Anti Defection : EC
Election Commission has also insisted on internal elections in
political parties to elect their leaders.
Election Commission has recommended that the question of
disqualification of members on the ground of defection should
also be decided by the President/Governor on the advice of the
Election Commission.
Therefore, 2nd ARC recommends that the issue of
disqualification of members on grounds of defection should be
decided by the President/Governor on the advice of the Election
Commission
Disqualification of Candidate
Given the delays in our criminal justice system, disqualification
after conviction for crimes may be an insufficient safeguard.
There are candidates who face grave criminal charges like
murder, abduction, rape and dacoity, unrelated to political
agitations.
There is need for a fair reconciliation between the candidate’s
right to contest and the community’s right to good
representation.
election outcome must be decided by the people who are the
ultimate sovereigns through the ballot box.
2nd ARC recommends that Representation of the People Act
needs to be amended to disqualify all persons facing charges
related to grave and heinous offences and corruption. But only
for the cases filed six months before an election would lead to
such disqualification
Publication of Accounts by Political Parties
Political parties have a responsibility to maintain proper
accounts of their income and expenditure and get them audited
annually.
This needs to be acted upon early. The audited accounts should
be available for information of the public.
PM
Chief Vigilance Commissioner HM
(CVC) Opp Leader Lok Sabha
PM
HM
National Human Rights
Opp Leader Lok Sabha
Commission (NHRC)
Opp Leader Rajya Sabha
Speaker
Depty. Chairman Rajya
Sabha
1. Selflessness:
2. Integrity
3. Objectivity
4. Accountability
5. Openness
6. Honesty
7. Leadership
Foreign Gifts
#2: MPLADS
Concluding words
All great democracies went through the tortuous process of
democratic transformation, which included corruption and blatant
misuse of power.
India has the strength and resilience to build a great democracy
(but) We need to promote a culture of zero-tolerance of
corruption
and men and women of integrity, competence should enter
politics.
This is the gist of 2nd ARC’s 4th report :”Ethics in Governance”. (upto Chapter
#2 Minus Ethical Framework for Bureaucrats, Judges and Regulators.)
To be Continued…
Mock Questions
MCQ
Descriptive
1. All that is necessary for the triumph of evil is that good men do
nothing
2. The line separating good and evil passes not between states nor
between classes, but through the middle of every human heart.
3. Rule of Law in India: ground realities and the road ahead
Interview
1. Crisis vs Disaster
2. Disasters: why increasing?
3. Disasters in India
1. Earthquakes
2. Cyclones
3. Tsunamis
4. Floods
5. Landslides
6. Avalanches
7. Industrial Disasters
8. Reforms after Bhopal Gas tragedy
9. Epidemics
10. Nuclear Hazards
11. Desert Locusts
4. Slow Onset disasters
1. Climatic Change
2. Droughts
3. Desertification and Soil Degradation
4. Sea Erosion
5. Disaster Response Mechanism in India
1. Constitution of India: Disaster Management
2. State Government & Disaster Management
1. Role of CM
2. Role of Chief Secretary
3. Role of District Collector
3. Union Government & Disaster Management
1. Role of cabinet Secretary
2. Where does the money come?
3. Role of Army
6. Timeline of Events: Disaster Management in India
Crisis vs Disaster
crisis’ may be defined as “an emergency situation arising out of
natural or human activity which poses a threat to human life and
property or leads to large scale disruption of normal life.
A crisis may degenerate into a disaster if it is not properly
managed resulting in avoidable loss of human life and property
on a large scale.
Second Administrative Reforms Commission, in its 3rd report
discussed the Crisis Management.
Earthquakes
Himalayas – the youngest among the mountain ranges
very severe earthquakes in several parts of the Himalayan and
surrounding regions
This makes the entire region covering fourteen states (located in
western and central Himalayas, northeast, and parts of Indo-
Gangetic basin) highly prone to earthquakes.
The other seismically active regions of the country include the
o Gulf of Khambhat
o Rann of Kutch in Western Gujarat,
o Lakshadweep and Andaman and Nicobar Islands.
Earthquakes can neither be prevented nor predicted in terms of
their magnitude, or place and time of occurrence
Therefore, the most effective measures of risk reduction are
Building construction norms
effective rescue and relief actions immediately after the
occurrence of the earthquake.
Cyclones
More than 8000 km of coastline in the east and the west face the
hazards of tropical cyclones,
A ‘super cyclone’ hit x Orissa in 1999
o caused extensive damage killing about 10,000 people and
lakhs of livestock population.
o The economy, infrastructure and environment were
devastated
An effective cyclone disaster prevention and mitigation plan
requires
efficient cyclone forecast – and warning services
rapid dissemination of warnings to the government agencies,
particularly marine interests like ports, fisheries and shipping
and to the general public
construction of cyclone shelters in vulnerable areas, a ready
machinery for evacuation of people to safer areas and
community preparedness
Tsunamis
Floods
Landslides
Landslides
Avalanches
sliding down of snow cover on mountain slope causes
avalanches
Avalanches create various crisis situations for the local
administration;
road traffic may be blocked and communication links to vital
areas may be disrupted
winter sports may be disturbed stranding tourists in places with
scant facilities.
Small rivers may be blocked creating danger of down stream
flooding.
Avalanches may sometimes hit or bury human settlements down
the slopes
Solution
o remove snow deposits on slopes by blasting,
o predicting avalanches and evacuating people from
vulnerable areas.
Industrial Disasters
Among the man made disasters, probably the most devastating
(after wars) are industrial disasters.
These disasters may be caused by chemical, mechanical, civil,
electrical or other process failures in an industrial plant due to
accident or negligence,
But they also cause widespread damage within and/or outside
the plant
worst example = Methyl Iso-cynate gas leak in 1984 from the
Union Carbide Factory in Bhopal (known as the Bhopal Gas
Tragedy) which has
so far claimed more than 20,000 lives and injured several lakh
persons
Epidemics
In India, the major sources of epidemics can be broadly categorized
as follows
Nuclear Hazards
Desert Locusts
Swarm of Desert Locust
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
Sea Erosion
landward displacement of the shoreline caused by the forces of
waves and currents is termed as erosion.
Coastal erosion occurs when wind, waves and long shore
currents move sand from the shore and deposit it somewhere
else.
this results in permanent changes in beach shape and structure.
The impact of the event is not always seen immediately, but it is
equally important when we consider loss of property that it
causes.
It takes months or years to note the impact. So, this is generally
classified as a “long term coastal hazard”
While the effects of waves, currents, tides and wind are primary
natural factors that influence the coast,
construction of artificial structures, mining of beach sand,
building of dams
About 23 per cent of India’s mainland coastline of 5423 km is
getting affected by erosion
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 Army
They’re most effective in dealing with Natural Disaster relief
because of
o their ability to organize action in adverse ground
circumstances,
o Their speed of operational response and also their
resources and skills (army engineer, doctors etc)
Thus, they play a major role in assisting the civil administration.
They provide communications, search and rescue operations,
health and medical facilities, transportation, power, food and civil
supplies, public works and engineering, in the immediate
aftermath of major disasters
laws
1999
2001
Following the Gujarat earthquake, the Government of India took
important policy decisions/measures for reforming the disaster
management system in the country. These are:
Disaster management was moved from the purview of the
Ministry of Agriculture to the Ministry of Home Affairs
Although Ministry of Agriculture retains the responsibility for
droughts, pest attacks and hailstorms;
State Governments were advised to create separate Disaster
Management Department
State Governments were further advised to constitute
o State Disaster Management Authority under the
Chairmanship of State Chief Ministers
o District Disaster Management Committee under the
Chairmanship of District Collectors
A specialized force comprising eight battalions to be named as
National Disaster Response Force to be constituted with state-
of-the-art equipment and training to respond to various natural
and man made disasters;
advanced fail-proof disaster communication network
National Institute of Disaster Management was set up at Delhi
for training research
Basics of disaster management to be introduced in school
education
disaster resistant technologies to be introduced in engineering
and architecture
disaster- Management topic introduced in medical and nursing
education
2005
separate law on disaster Management. (more on that later)
To be Continued………
With this article, I’ve done upto only Chapter 3 of Report #3 of 2nd ARC, so
more stuff yet to come in this topic- in upcoming days.
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.
#1 Helping in PIL
In many high-profile PILs, the courts appoint an amicus curiae,
to assist them in formulating a viewpoint and to make inquiries
and reports.
In several major PIL judgments on prison reform, terrorism,
environment, mentally deficient litigants, freedom of the media,
unauthorised occupation of government premises and
unauthorised constructions, decisions have been based on the
assistance provided by the amicus.
#2 Doing Investigation
There is another kind of amicus curiae, appointed in cases that
are not PILs, where important questions of law are involved and
both parties are represented but the court still wants a senior
lawyer to assist it. (e.g. Supreme Court appointed Raju
Ramachandran as amicus to investigate allegations of Narendra
Modi’s complicity in the Gujarat riots.)
Raju Ramachandran
#3 Defending the accused
The “traditional” amicus curiae is the one who is asked to
represent the accused in a criminal appeal.
This happens in two situations:
1. when the Accused is too poor and/or requests the court to
provide him a lawyer (for example same Raju
Ramahandran defending Kasab.)
2. or when the criminal does not engage his own lawyer to
defend him against the State. (For example members of
the LTTE refused to represent themselves in Indian court)
Supreme Court and the high courts maintain panels of lawyers
who are assigned amicus work in criminal appeals.
The Supreme Court has mandated that legal aid, that is, a
lawyer representing a poor accused, is a must in criminal cases.
Ref
http://www.indianexpress.com/news/a-friend-and-lawyer/997812/0
Earlier this MAC was under Intelligence Bureau under Home Ministry.
But in future, the MAC will be placed under the NCTC.
1. NATGRID
2. Concerns
3. Privacy and misuse
4. Wikileaks like situation
NATGRID
26/11 attacks on Mumbai led to the exposure of several
weaknesses in India’s intelligence gathering and action
networks. So, Chindu came up with the idea of National
Intelligence Grid (NATGRID)
NATGRID will integrate 21 categories of data from agencies like
1. Banks,
2. Railways and airlines,
3. Income tax department,
4. Credit card companies etc.
5. Visa and immigration
This combined data will be made available to 11 central
agencies including the R&AW, the National Investigation
Agency, the CBI, the Directorate of Revenue Intelligence, the
Intelligence Bureau, the Narcotics Control Bureau and the
Enforcement Directorate to help them prevent terrorist attacks
and criminal activities.
NATGRID Will become fully operational in 2013-14
1. What is Ragging?
2. 2007: Raghavan Committee
3. Raghavan Committee Report on Anti-Ragging
4. 2001: SC Order
5. 2009: Aman Kachroo Case
6. Laws made by State Governments
1. Himachal Pradesh
2. Haryana
7. 2009: UGC Regulation
8. Why Affidavit?
9. Mock Questions
10. GS Mains Paper I
11. Interview
What is Ragging?
A damaging form of interaction of the seniors in college or
school with the juniors or the newcomers or the first years.
It involves insults (simple or suggestive sexual, sarcastic and
even physical), running errands for seniors, and many other
complex activities.
2001: SC Order
In 2001, Supreme Court of India passed an order that once a
student complaints about ragging, it is the responsibility of the
college to lodge the FIR with Police.
Haryana
principals of schools and colleges and V-Cs of universities shall
be punishable upto six months in jail and fines upto Rs 25000 for
not complying with anti-ragging measures.
hefty fines against institutions – Rs two lakh in case of schools
and colleges and Rs five lakh in case of universities.
Why Affidavit?
The UGC regulation says Every student and his/her parents to
file an affidavit avowing not to indulge in ragging.
So what’s the point in filling such ‘affidavit’?
Well, one of the strongest reasons for ragging to happen is that
the raggers are dead sure that parents would never ever get to
know their heinous acts.
The affidavit filed by parents to the institution has the name,
address and telephone numbers of the parents of the senior
students.
A fresher can file RTI applications, even without disclosing
identity by using a friend’s help and name, to get a copy of this
affidavit, and then call/ write himself or make his parents talk to
ragger’s parents to rein in him.
To sum up,
Mock Questions
GS Mains Paper I
1. Write a short note on Raghavan Committee’s report on Ragging
(12 marks)
2. What’re the steps taken by UGC, to curb the menace of ragging
in India (12 marks)
Interview
1. Have you heard about Aman Kachroo case?
2. What do you know about Anti-ragging measures in colleges? Do
you think they’re sufficient?
3. What measures would you suggest to stop ragging in colleges?
Pro-Surrogacy Arguments
1. Surrogate mother is asserting her independent agency to make
choices to better her life and those of her family
2. The argument given that less orphans are getting adopted- well
there is no reason why the infertile couple should have a special
duty to adopt needy children; those with their "own" could also
adopt others If their financial situation permits.
3. If Government makes a law to ban surrogacy in India, then
market will go underground and the surrogate mothers would be
exploited even further, because they cannot approach the law
enforcement agencies. So, surrogacy should not be banned, it
should be regulated.
You are welcome to add more ‘pro’ and ‘anti’ arguments in the
comments.
For earlier articles on Polity, visit mrunal.org/polity
Ref
1. http://moses.creighton.edu/csrs/news/S92-1.html
2. http://www.indianexpress.com/news/everyone-forgets-the-
surrogate/975372/0
1. Kokrajhar,
2. Baksa,
3. Chirang and
4. Udalguri. (Total 35% area of Assam.)
Timeline of Events
Bodos started demanding autonomy, varying from
1960s separate statehood to outright sovereign status.
Why resentment?
The Bodos, constitute the largest tribal community
out of a total of 34 tribal communities in Assam.
They feel they have been neglected, exploited and
discriminated against for decades, look at this
accord as a historic opportunity to fulfil their
Bodos longstanding demands
But due to the changing demographics of the
BTAD and the consequent land alienation, they
fear they may become a minority in their own state
and in hitherto Bodo-dominated areas.
1. Population pressures
2. land rights
3. illegal migration and occupation
Timeline of Events
Jul- Elections to the GTA were held and the Gorkha Janmukti
2012 Morcha won unopposed.
DGHC did not have the power GTA can have its own budget and
to prepare the budget for its can allocate funds to various
departments. It would receive departments.
funds as part of the state
government’s budget.
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.
State Reason
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.
Ref
1. http://www.indianexpress.com/news/status-of-water/982120/
2. www.downtoearth.org.in/content/supreme-court-go-ahead-
interlinking-rivers
Article 21
Article 21 states "No person shall be deprived of his life or
personal liberty except according to procedure established by
law".
In my opinion the right to bear arms is embedded in Article 21 of
the Constitution and hence it is a fundamental right.
No doubt this right, like all fundamental rights, is subject to
reasonable restrictions, but the reasonability of the restriction
must be judged from the point of view of the prevailing social
conditions and not in the abstract Hence what may have been
reasonable earlier may no longer be reasonable today.
Please note: These are not my views, I have merely copy pasted
Justice Katju’s judgement.
Now coming to the
Anti-Arguments: USA gun laws
From Indian Express article
The Second Amendment of the US Constitution states, simply:
“A well regulated militia, being necessary to the security of a free
state, the right of the people to keep and bear arms, shall not be
infringed.”
Topic is important for CSAT Paper I (rights issue) and for GS (Mains)
Paper I (Polity).
1. Protective
2. Developmental.
( you read the following provisions and classify them into above
segments by yourself)
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.
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)
And these should also serve as fodder for any Essay related to
Freedom of Speech and Expression (particularly the pros and cons.)
But The union government had filed an appeal against this CIC order,
in Delhi High court.
Union Government’s argument is that under Articles 74 and 78 of the
Constitution, any advice tendered by the Union council of ministers or
correspondence exchanged between the president and the prime
minister enjoyed immunity from public scrutiny.
Ref
Verdict
Verdict
The deployment of tribal youths as Special Police Officers –
either as 'Koya Commandos', Salwa Judum or any other force –
in the fight against the Maoist insurgency is illegal and
unconstitutional and ordered their immediate disarming.
State of Chhattisgarh shall forthwith make every effort to recall
all firearms issued to any of the SPOs, whether current or
former, along with any and all accoutrements and accessories
issued to use such firearms. The word firearm as used shall
include any and all forms of guns, rifles, launchers etc., of
whatever calibre.
State of Chhattisgarh to immediately cease and desist from
using SPOs in any manner or form in any activities, directly or
indirectly, aimed at controlling, countering, mitigating or
otherwise eliminating Maoist/Naxalite activities in the State of
Chhattisgarh.
directed the Centre and the State of Chhattisgarh to provide
appropriate security forthwith, and undertake such measures “as
are necessary, and within bounds of constitutional permissibility,
to protect the lives of those who had been employed as SPOs
previously, or who had been given any initial orders of selection
or appointment, from any and all forces, including but not limited
to Maoists/Naxalites.”
Whether SPOs have been effective against Maoist/Naxalite
activities in Chhattisgarh would seem to be a dubious, if not a
debunked, proposition given the state of affairs in Chattisgarh.
Even if we were to grant, for the sake of argument, that indeed
the SPOs were effective against Maoists/Naxalites, the doubtful
gains are accruing only by the incurrence of a massive loss of
fealty to the Constitution, and damage to the social order.
Verdict
no individual should be forcibly subjected to any of the
techniques in question, whether in the context of investigation in
criminal cases or otherwise. Doing so would amount to an
unwarranted intrusion into personal liberty.”
compulsory administration of the impugned techniques violates
the right against self-incrimination. The test results cannot be
admitted in evidence if they have been obtained through the use
of compulsion. Article 20 (3) of the Constitution [No person
accused of any offence shall be compelled to be a witness
against himself] protects an individual's choice between
speaking and remaining silent
Article 20 (3) aims to prevent the forcible conveyance of
personal knowledge that is relevant to the facts in issue. The
results obtained from each of the impugned tests bear a
testimonial character and they cannot be categorised as material
evidence.
It is our considered opinion that subjecting a person to the
impugned techniques in an involuntary manner violates the
prescribed boundaries of privacy.”
Forcible interference with a person's mental processes is not
provided for under any statute and it most certainly comes into
conflict with the right against self-incrimination.
results obtained through the involuntary administration of either
of these tests come within the scope of ‘testimonial compulsion,'
thereby attracting the protective shield of Article 20 (3).
if these techniques were used compulsorily if would violate
Article 20 (3).
Even when the subject had given consent to undergo any of
these tests, the test results by themselves could not be admitted
as evidence because “the subject does not exercise conscious
control over the responses during the administration of the test.
However, any information or material that is subsequently
discovered with the help of voluntary administered test results
can be admitted, in accordance with Section 27 of the Evidence
Act.”
Verdict
Side questions
What is Euthansia?
The act of killing someone painlessly (especially someone
suffering from an incurable illness)
Find out the places where Euthansia is legal.
Ref
1. Original article written by Nick Robinson, a visiting fellow at the
Centre for Policy Research, Delhi,
2. Verdict compilation by yours unfaithfully.
Answer
The act defines senior citizen as any citizen of India aged 60+,
whether living in India or not.
Every Senior Citizen who is unable to maintain himself from his
own income, can claim maintenance from his children.
A childless Senior Citizen can claim maintenance from his
relative who is in possession of, or would inherit his property.
Maintenance Tribunals
State Governments are to constitute “Maintenance Tribunal” at
Sub Divisional Level.
Senior Citizen may submit application for maintenance to this
tribunal.
If Senior Citizen is incapable of making a application himself,
any other person or registered NGO can file complaint on his
behalf.
State Governments have designate the District Social Welfare
Officer or an equivalent officer as Maintenance Officer, who can
then represent a parent, on request, before a Maintenance or
Appellate Tribunal.
Lawyers cannot represent any party before the Tribunals
Punishments
Maintenance Tribunal can award up to Rs. 10,000 per month as
maintenance allowance payable to the senior citizen by his
child/relative. They’ve to give judgment in 90 days.
If child/relative is neglecting the senior citizen after getting his
property, then Tribunal Appeal can declare such property
transfer null and void and return it to the senior citizen.
Abandonment of a Senior citizen is punishable with
imprisonment up to 3 months and or Rs. 5000
1. President
2. Deadlock
3. CAG role
4. PM appointment
5. Delimitation Commission
6. Distribution of powers
7. Fundamental duties
8. SC Autonomy
9. Rajya Sabha special powers
10. 13th Finance Commission
11. Public Finance
12. Education in Constitution
13. Adjournment Motion
14. DPSP
15. UT in RajyaSabha
16. Speaker
17. SC jurisdiction
18. PESA Act
President
Explanation:
Copy pasting from Indian Polity by M.Laxmikanth (TMH Publication)
(Chapter 37, CAG):
….CAG gives three audit reports to President…. he lays it before both
houses of the parliament. After this, the Public Accounts Committee
examines them and reports its findings to the parliament.
It means:
So,
Eliminate Choices involving Statement #2
Eliminate choices *not* involving Statement #3
Final- Answer: C
Deadlock
A deadlock between the Lok Sabha and the Rajya Sabha calls for a
joint sitting of the Parliament during the passage of
1.Ordinary Legislation
2.Money Bill
3.Constitution Amendment Bill
Select the correct answer using the codes given below :
(a)1 only
(b)2 and 3 only
(c)1 and 3 only
(d)1, 2 and 3
Copy pasting from Indian Polity by M.Laxmikanth (TMH Publication)
’s chapter on Parliament:
….it must be noted here that provisions of joint sitting is applicable to
ordinary bills or financial bills only and not to money bills or
Constitutional amendment bills.
Eliminate Choices involving Statement #2 and #3
Final- Answer: A
CAG role
In India, other than ensuring that public funds are used efficiently and
for intended purpose, what is the importance of the office of the
Comptroller and Auditor General (CAG)?
PM appointment
The Prime Minister of India, at the time of his/her appointment
Delimitation Commission
With reference to the Delimitation Commission, consider the following
statements :
1.The orders of the Delimitation Commission cannot be challenged in
a Court of Law.
2.When the orders of the Delimitation Commission are laid before the
Lok Sabha or State Legislative Assembly, they cannot effect any
modifications in the orders.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2
Explanation:
Indian Polity by Wizard Publication :
The delimitation Commission in India is a high power body whose
orders have the force of law and cannot be called in question before
any court of law. These orders come into force on a date to be
specifified by President of India. The copies of its orders are laid
before the House of People and the State legislative assembly
concerned but no modifications are permissible therein by them.
Therefore both statements are correct.
Final- Answer: C
Distribution of powers
The distribution of powers between the Centre and the States in the
Indian Constitution is based on the scheme provided in the
(a)Morley-Minto Reforms, 1909
(b)Montagu-Chelmsford Act, 1919
(c)Government of India Act, 1935br />
(d) Indian Independence Act, 1947
Indian Polity by M.Laxmikanth (TMH Publication) 1st Chapter
Government of India Act 1935 ->Features of the Act
The Act divided the powers between Centre and unit in terms of three
lists-
Fundamental duties
Which of the following is/are among the Fundamental Duties of
citizens laid down in the Indian Constitution?
1.To preserve the rich heritage of our composite culture
2.To protect the weaker sections from social injustice
3.To develop the scientific temper and spirit of inquiry
4.To strive towards excellence in all spheres of individual and
collective activity
Select the correct answer using the codes given below :
(a)1 and 2 only
(b)2 only
(c)1, 3 and 4 only
(d)1, 2, 3 and 4
Fifth fundamental duty is “to promote harmony and spirit of
brotherhood amongst all the people of india transcending religious….”
But it doesn’t talk specifically about protecting weaker sections from
social injustice.
Eliminate Choices involving Statement #2
Rich heritage = Duty#6
Scientific temper=Duty#8
Excellence=Duty#10.
Therefore (C) is the correct choice.
SC Autonomy
Public Finance
Which of the following are the methods of Parliamentary control over
public finance in India?
1.Placing Annual Financial Statement before the Parliament
2.Withdrawal of moneys from Consolidated Fund of India only after
passing the Appropriation Bill
3.Provisions of supplementary grants and vote-on-account
4.A periodic or at least a mid-year review of programme of the
Government against macroeconomic forecasts and expenditure by a
Parliamentary Budget Office.
5. Introducing Finance Bill in the Parliament
Select the correct answer using the codes given below :
(a)1, 2, 3 and 5 only
(b)1, 2 and 4 only
(c)3, 4 and 5 only
(d)1, 2, 3, 4 and 5
Explanation:
Education in Constitution
Which of the following provisions of the Constitution of India have a
bearing on Education?
1.Directive Principles of State Policy
2.Rural and Urban Local Bodies
3.Fifth Schedule
4.Sixth Schedule
5.Seventh Schedule
Item Provision?
Adjournment Motion
In the Parliament of India, the purpose of an adjournment
motion is
DPSP
Consider the following provisions under the Directive Principles
of State Policy as enshrined in the Constitution of India :
1.Securing for citizens of India a uniform civil code
2.Organizing village Panchayats
3.Promoting cottage industries in rural areas
4.Securing for all the workers reasonable leisure and cultural
opportunities
Which of the above are the Gandhian Principles that are reflected in
the Directive Principles of State Policy?
(a)1, 2 and 4 only
(b)2 and 3 only
(c)1, 3 and 4 only
(d)1, 2, 3 and 4
UT in RajyaSabha
Consider the following statements:
1.Union Territories are not represented in the Rajya Sabha.
2.It is within the purview of the Chief Election Commissioner to
adjudicate the election disputes.
3.According to the Constitution of India, the Parliament consists of the
Lok Sabha and the Rajya Sabha only.
1. The President
2. The Council of States (Rajya Sabha)
3. The House of People (Lok Sabha)
Speaker
Regarding the office of the Lok Sabha Speaker, consider the following
statements:
1.He/She holds the office during the pleasure of the President.
2.He/She need not be a member of the House at the time of his/her
election but has to become a member of the House within six months
from the date of his/her election.
3.If he/she intends to resign, the letter of his/her resignation has to
be addressed to the Deputy Speaker.
Which of the statements given above is /are correct?
(a)1 and 2 only
(b)3 only
(c)1, 2 and 3
(d)None
Speaker is an autonomous Constitutional body by himself, he can be
removed by Lok Sabha, President has no role in this. So Speaker
doesn’t hold office during the pleasure of President.
Statement #1 is false.
Eliminate option s involving Statement #1
Statement #3: is correct, Speaker can resign by writing to the Deputy
Speaker.
Final Answer (B)
SC jurisdiction
Which of the following are included in the original jurisdiction of the
Supreme Court?
1.A dispute between the Government of India and one or more States
2.A dispute regarding elections to either House of the Parliament or
that of Legislature of a State
3.A dispute between the Government of India and a Union Territory
4.A dispute between two or more States
Select the correct answer using the codes given below :
(a)1 and 2
(b)2 and 3
(c)1 and 4
(d)3 and 4
Statement #1 and 4 fall under the original jurisdiction of Supreme
Court.
Therefore Final answer (C)
PESA Act
Katju also added that that the Indian Express, which had come under fire and faced
government denials for its story on army movements near Delhi, could not be faulted
for its report.
Katju wrote in a press release today:
I have perused the order of the Hon’ble Allahabad High Court in writ petition No
2685 dated 10.4.2012. In that order a direction has been given to the Secretary,
Home Affairs, and Secretary Information & Broadcasting, Government of India and
the Principal Secretary (Home) , Govt. of U.P. to ensure that there is no reporting/
release of any news item by the print as well as electronic media relating to the
subject matter, namely the movement of troops as contained in the accompanying
annexures. (The news of alleged troop movement towards Delhi published by Indian
Express on 4.4.2012). In this connection, I am of the opinion that regarding
reporting of troop movement by the Media a balanced approach has to be taken. On
the one hand freedom of the media is guaranteed as a fundamental right in Article
19(1) (a) of the Constitution, on the other hand this right is subject to reasonable
restrictions in the public interest as mentioned in Article 19(2).
The Allahabad High Court order was passed on a writ petition relating to the above
publication in the Indian Express. With great respect to the High Court, I am of the
opinion that the order of the High Court is not correct. The Media has a fundamental
right under Article 19(1) (a) of the Constitution to make such publication, as it did
not endanger national security.
I may add that the Indian Army is not a colonial army, but the army of the Indian
people who pay the taxes for the entire defence budget. Hence the people of India
have a right to know about army affairs, except where that may compromise national
security. The media did an excellent job in exposing the Adarsh and Sukhna scams in
which senior army officers were involved, and they were well within their right under
Article 19(1) (a) to do so.
The Indian Express is not a fly by night newspaper, but a responsible one. They took
11 weeks to complete the investigation of the reported troop investigation before
deciding to publish the report. Hence I do not see how they can be faulted.
The Press Council of India will be challenging the order of the Allahabad High Court
in the Supreme Court of India very shortly.
(Markandey Katju)
Polity is SCORING
Answer:
Other Differences
CPI CPM
(Marxist)
CPI (Maoist)
Founded in 2004, After merger of PWG with MCC (Maoist
Communist Centre of India)
Leader: Muppala Lakshmana Rao (Ganapati)
It aims to overthrow Government of India via violent means.
It is a banned organization under Unlawful activities prevention
act.
Situation in Kerala
LDF (Left Democratic Front)
It is the coalition of CPI, CPM and other leftist parties in Kerala.
(Just like UPA at Centre).
VS Achyutanand was their leader and CM.
Issues:
Paid News
aka
SURROGATE ADVERTISEMENTS IN PRINT MEDIA
Exit Polls
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.
1. Anybody who is not in top 2 in any election (LS, VS, Municipal, Gram Panchayat,
etc) should be barred from contesting any election from anywhere in India for the
next 3 years.
2. Any MP/MLA/Corporator who resigns (either verbally or in paper) should be
immediately discharged from duty. Appearance on TV uttering the words “i am
resigning” or equivalent should be considered valid resignation unless (s)he proves
otherwise within 2 days. this will reduce the blackmailing tactics. And a
resignee will be barred from contesting any election anywhere in India for 3 years.
4. Anybody who wins confidence vote is eligible for a minimum of 2 years of validity.
The govt can be sacked only by impeachment (or equivalently difficult process in
case of VS) in this 2 year duration. And any such impeachment process must be
initiated by the leader of opposition.
Deconcentration
has Administrative angle only.
Maintaining Law and order is state Govt.’s responsibility but CM or
Chief Secretary or Divisional Commissioner can’t himself petrol around
everywhere.
So this work is transferred to District collector. (and he maintains it
using the police force given to him.)
so, When State Govt. gives powers to district collector for better
Administrative reasons – this is Deconcentration.
Devolution
in the fedaral structure, States are given their own powers over which
they’ve complete authority, for example maintaining Law and order.
Centre can’t send CBI everywhere as and when & where it pleases,
first it needs the permission of State Govt. to investigate the matter.
This is devolution of powers. this is in political nature
and its very hard to take way this power.
(Except by modifying the Constitution but taking away the federal
structure means you’ll kill the basic structure = Supreme Court won’t allow
it. Thus its impossible.)
Delegation
Suppose a police inspector collects bribe from entire district, but he’s
tired so he distributes the work amongs his sub-inspectors.
This is delegation.
the power can be taken away any time, (like when sub-inspectors are
not giving him every Rupee collected or if he is in bad mood!)
so in Delegation the power can be taken away very easily.
Devolution vs Decentralization.
its easier to take away powers in Decentralization compared to
devolution.
Devolution is more powerful and make the recipient autonomous.
More Autonomous in the sense, if Tehsildar goes to village
then Sarpanch are going to do ‘yes sir yes sir’ while if a Minister of State
from Centre Govt. goes to visit the state, then Chief Minister won’t fall into
his feet & say ‘yes sir yes sir’, because CM is the ‘autonomous & powerful
guy.’
for example as a Chief minister you can easily get any
Gram Panchayat dissolved and call for new election after 6 months
but its not that easy for a PM to get the state legislative dissolved / order
Presidential rule in any state that easily. (Thanks to SC’s directions.)
[these things are done via President/Governer's order but you should
know PM/CM & Cabinet has the real decision making power. and itsmerely
carried out in the name of President /Governer]
A comparative table
Now after giving an introduction like this, their host starts talking, and
the exact details and purpose of the entire Headron mission will be
given at the end of the program (only for 5 minutes) but for the rest 25
minutes, they’ll talk in detail about all the negative things and
possibilities regarding the mission.
Past few weeks, the media anchors got a new toy to play with, known
as Mayan Calendar which predicts the end of the world in 2012 by
some sort of giant meteorite collision. Again insert those red flashing
texts here, and the trailer clips from the movie 2012.
They’ll add the issue of Glaciar melting and rise in ocean level to it-
again flash the facts like how much sq.km of glaciar was lost (they’ll
flash it for 10 minutes but won’t talk for the reasons and steps a
common Indian man should take to prevent it.)
Possible Result of 2012′s Coverage
Terrorism
Some news channels (like Aaj Tak) spend 70% of their time showing
Taliban and drone attack and paki bomb blast coverage.
And if
then its Christmas time for the news channels : covering it 24/7 until
they get some other thing to sensationalize.
Now you might say that its good because then people would keep an
eye on the suspicious activities, things and people around them when
Govt. has alerted them on possible terror strike- but are we Indians so
immature that we need nagging about it every 3rd day? + so much
terrorism coverage makes It look like India is very vulnerable to
terrorists and its unsafe to live in India. (If you were a foreign tourist/
businessman watching these terror sensationalizing news – would
you come to India?) I’m not saying that we shouldn’t cover it but there
is no reason why media should be talking about it 70% time of our
day.
David Headly / Rana
its important news but I don’t think they deserve so much of news air-
time, when there are other important issues at hand. Like there is
nothing else happening in india and the world -worth talking about.
1. When we are certain nothing is going to happen then why sell off
our self esteem with every dossier to pakis?
2. Why a Real man (which india is) should expect justice from a
eunuch (which Pakistan was, is and shall remain forever).
We should let the law take its course. i.e if verdict goes against
Kasab, let him appeal in High Court then Supreme Court and
finally Mercy petition to President (if Kasab takes one year to
justice- even after having a special court for him, how much time
a common man’s case will take in a common court?)
More than a hundred witnesses have to be examined and
thousands of pages worth chargesheets is to be read so it takes
time. Now in this case
o if one witness proves he killed people- Maximum
punishment he can get is death.
o if 100 witness prove he killed people- Maximum
punishment he can still get is death.
o So why waste everyone time?
If we immediately hang him we wouldn’t be able to extract more
info from him
First the involvement of pakis in 26/11 must be ‘exposed’ via him
and pakis must be humiliated for it.
I’m not saying hang kasab next minute. (Perhaps he can give more
info on David Headly issue) but atleast media shouldn’t go mute on it.
But this again is a non-issue for media.
Sports Coverage
Glorifying our sportsmen (other than crickers)
Positive side
if you’re a non-cricket sportsman then you wouldn’t get 2 hours
criticism every day in case you fail in some game (unlike the
cricketers) hence you wouldn’t get Demoralized or demotivated
from your failure.
International events
Obama’s “Tibet belongs to China” Comment
G8-WTO-Climate Change
What was the last time did you see any decent coverage of it by our
media, That’d inform a common man about the positive and negative
aspects of them with out going in to technical jargon and statistical
graphs?
What was the last time you saw a media man doing coverage of
other lid-less bore wells after the episode was over?
What was the last time when a media man tried to investigate
find where all those lids go?
Their attacks are rarely reported for more than 2-5 minutes. (except
the last hijack of Rajdhani Express but then there was no follow up-
media stopped covering it from on 3rd day.)
Result
Conclusion:-
Media shows the things people want to see. (the kids always want to
play games and avoid school- but it’s the responsibility of the parents
to send them to school –get them educated.) hence media should
never forget their moral duty of educating the people rather than
entertaining (and scaring) them.
Use in India
In the mid-1980s, President Zail Singh withheld assent to a Bill
passed by Parliament that gave sweeping powers to the State to
intercept mail. This was considered by the President to be an
encroachment on citizens’ freedom of speech and liberty as
guaranteed by the Constitution.
In early 1990, President Venkataraman withheld assent to a Bill
passed by the outgoing Parliament that gave pension benefits to
themselves. This was interpreted by the President to be self-
aggrandisement.
Composition
• NHRC consists of a Chairperson and four members, all of them
being full-time members.
• Apart from these full-time members, Commission also has its
deemed members as Chairpersons of National Commission for
Minorities, National Commission for SCs & STs and National
Commission for Women.
• multi-membership is intended to reinforce independence and
impartiality of Commission. Of five members including Chairperson,
three are to possess high level judicial background and remaining
must have knowledge of or practical experience in matters relating to
Human Rights.
• Chairperson must be no less than a former Chief Justice of India.
Functions
• It can intervene in any legal proceedings involving an allegation of
violation of Human Rights.
• It can also, visit, with prior approval of State Government, any jail to
study living conditions of inmates and make recommendations.
• It can review safeguards provided by or under Constitution or any
law for protection of Human Rights and recommend measures for
their effective implementation.
• Commission also reviews factors, including acts of terrorism, that
inhibit enjoyment of Human Rights and recommends remedial
measures.
• It also undertakes and promotes research in field of Human Rights.
• Finally, it encourages NGOs working in field of Human Rights.
Autonomy of Commission
• autonomy of Commission is derived from method of appointment of
its members, their fixity of tenure, and statutory guarantees.
• Chairperson and members of Commission are appointed by
President on basis of recommendations of a committee comprising
Prime Minister as chairperson, Speaker of Lok Sabha, Home Minister,
leaders of Opposition in LS and RS and Dy. Chairperson of RS as
members.
Working of Commission
• Commission has all powers of a Civil Court.
• It has its own investigating staff for investigation into complaints of
Human Rights violations.
• It is open to Commission to utilise services of any officer or
investigation agency of Central Government or any State
Government.
• Commission while inquiring into complaints of violations of human
rights may call for information or report from Central Government or
any State-Government, or any other authority or organisation
subordinate thereto within such time as may be specified by it.
Commission may take any of following steps upon completion of an
enquiry:
1. Where enquiry discloses Commission of violation of Human Rights
or negligence in prevention of violation of Human Rights by a public
servant, it may recommend to concerned Government or authority
initiation of proceedings for prosecution or such other function.
2. Approach SC or HC concerned for such directions, orders, or writs
as that court may deem necessary.
3. Recommend to concerned Government or authority for grant of
such immediate interim relief to victim or members of his family.
authority or State Government or Some of Programmes and Human
Rights issues taken up by Commission include:
• Review of Child Marriage Restraint Act, 1929
• Protocols to Convention on Rights of Child
• Preventing Employment of Children by Government Servants:
Amendment of Service Rules
• Abolition of Child Labour
• Guidebook for Media on Sexual Violence against Children
• Trafficking in Women and Children : Manual for Judiciary for Gender
Sensitization
• Sensitization Program on Prevention of Sex Tourism and Trafficking
• Maternal Anaemia and Human Rights
• Rehabilitation of Destitute Women in Vrindavan
• Combating Sexual Harassment of Women at Work Place
• Harassment of Women Passengers in Trains
• Abolition of Manual Scavenging
• Dalits issues including atrocities perpetrated on them
• Problems faced by Denotified and Nomadic Tribes
• Rights of Disabled
• Right to Health . HIV/AIDS
Central Government to whom Commission recommends for action
has to indicate its comments/ action taken on report/recommendations
of Commission within a period of one month in respect of general
complaints and within a period of three months in respect of
complaints relating to Armed Forces.
My answer:-
A statutory body
can simply be abolished by an act of the parliament with simple
majority.
Parliament could get tired of them and get rid of them easily.
e.g. CAT,CVC,CIC.
Constitutional authorities,
on the other hand, are written into the Constitution of a nation
and can’t be abolished without amending that part of the Constitution
which sometimes also requires consent of the states. And also can be
invalidated by the Supreme court.
e.g. EC,CAG,SC/ST Commission.
on the other hand for for Panchayati Raj (for Constitutional body)
as 243B. (1)
Act of 1786:
Governor General given the power to over-ride the Council and
was made the Commander-in-chief also.
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.