::TRIPLE TALAQ BILL::

The Supreme Court in the matter of Shayara Bano Vs. Union of India and others and other connected matters, on 22nd August, 2017, in a majority judgement of 3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain Muslim husbands to divorce their wives. This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation. The petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said practice is discriminatory and against dignity of women. The judgement vindicated the position taken by the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution.

The All India Muslim Personal Law Board (AIMPLB), which was the 7th respondent in the above case, in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on the same. They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice.

In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce.

In order to prevent the continued harassment being meted out to the hapless married Muslim women due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them. The Bill proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children.

The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.

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::The Age of Crypto-Economics::

• Promotion of Digital economy is in integral part of Government’s strategy to clean the system and weed out corruption and black money. The earlier initiatives of the Government to promote financial inclusion and the Jan Dhan-Aadhaar-Mobile (JAM) trinity were important precursor. However, RBI has cautioned the users, holders and traders of Virtual Currencies (VCs), including Bitcoins about the potential financial, operational, legal customer protection and security related risks that they are exposing themselves to. The creation, trading or usage of VCs including Bitcoins, as a medium for payment have not been authorised by the Reserve Bank of India.
• There has been a phenomenal increase in recent times in the price of Virtual ‘Currencies’ (VCs) including Bitcoin, in India and globally. The VCs don’t have any intrinsic value and are not backed by any kind of assets. The price of Bitcoin and other VCs therefore is entirely a matter of mere speculation resulting in spurt and volatility in their prices. There is a real and heightened risk of investment bubble of the type seen in ponzi schemes which can result in sudden and prolonged crash exposing investors, especially retail consumers losing their hard-earned money. Consumers need to be alert and extremely cautious as to avoid getting trapped in such Ponzi schemes. VCs are stored in digital/electronic format, making them vulnerable to hacking, loss of password, malware attack etc. which may also result in permanent loss of money. As transactions of VCs are encrypted they are also likely being used to carry out illegal/subversive activities, such as, terror-funding, smuggling, drug trafficking and other money-laundering Acts.

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::Online portal ‘NARI’ for women empowerment::

• There are various challenges which are faced by the women in India, which provides a hindrance for the equal participation of women in India. Illiteracy is one of the biggest challenges. Though literacy among women have improved it is still less than that of men. Poor Sex ratio is another problem which leads to the problem for women to participate in politics. Sex ratio in India has just started improving in the last census still it is 943/1000. However more alarming is child sex ratio at 914/1000. Government scheme Beti bachao Beti Padhao will help in improving the sex ratio and also developing future leaders. Probably the most important hindrance for women to participate in politics is physical and sexual violence. It highly discourages women to come into politics. Economic dependence on men is very big factor in developing women leadership. However the biggest challenge which women in India faces is about security. Nirbhaya issue shocked the conscience of the nation and it still lingers in the memory of the countrymen.
• In a path breaking initiative to empower women, the Minister of Women & Child Development, inaugurated an online portal NARI in New Delhi. Developed by the Ministry of Women & Child Development, the portal will provide women citizens with easy access to information on government schemes and initiatives for women. Further to provide a platform for NGOs and Civil Societies to interact with the Ministry of Women & Child Development, e-Samvad portal has also been developed.
• The user trials of panic button, backed with a full real time emergency response system, began in Uttar Pradesh from 26th January this year. The Childline will be expanded to 500 Cities (currently in 412 cities) and Railway Childline will be expanded to 88 Railway stations (currently in 33) by March, 2018. 150 new One Stop Centres will be added in 2018 beyond 165 centres which are operating. The inter-ministerial authority on issues related to NRI marriages has already been constituted. The Law Ministry is already examining legislative amendments pertaining to this issue which will be taken up in 2018, WCD Minister explained.

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Current Based

::The Office of Profit and disqualification under constitution of India::

• The President in exercise of powers conferred under Section 15 (4) of the Government of National Capital Territory of Delhi Act, 1991 has disqualified 20 Aam Aadmi Party members of the Delhi Assembly for holding the “office of profit” as parliamentary secretaries to the Ministers of the National Capital Territory. The reference was sent to the Election Commission by then President Pranab Mukherjee in 2015 to examine the question of alleged disqualification on account of office of profit.
  An office of profit is an office which is capable of yielding a profit or pecuniary gain. Holding an office under the Central or State government, to which some pay, salary, emolument, remuneration or non-compensatory allowance is attached, is “holding an office of profit” for the purpose of Article 102 of the Constitution of India.
• The 20 MLAs were appointed as parliamentary secretaries to Delhi Ministers on March 13, 2015. Upon filing of present petition before the President, the AAP government in Delhi introduced the Delhi Members of Legislative Assembly (Removal of Disqualification) (Amendment) Bill, 2015 on June 23, 2015. The Bill sought to save these MLAs from disqualification.
  The proceedings before the Election Commission commenced on June 24, 2016 and the poll panel also considered several intervention applications in the matter. It is pertinent to mention here that while these proceedings were pending before ECI, a Public Interest Litigation was filed by an outfit called Rashtriya Mukti Morcha challenging the appointments.

PIL before Delhi High Court

• The High Court of Delhi placing reliance on its decision in the Delhi govt. vs Union of India [powers of Delhi LG case under Constitution of India which has been reserved by the Constitution Bench of Supreme Court in December 2017] set aside the appointment order saying:
• “Having considered the very same issue in W.P.(C) No.5888/2015 and batch titled Government of NCT of Delhi v. Union of India & Ors., by judgment dated 04.08.2016 this Court held that :-
• “…It is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the Lt. Governor even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the Lt. Governor does not take a different view and no reference to the Central Government is required in terms of the proviso to clause (4) of Article 239AA of the Constitution read with Chapter V of the Transaction of Business of the Government of NCT of Delhi Rules, 1993."
• “…Therefore, we find force in the submission of the learned counsel for the petitioner that the issue is squarely covered by the decision in W.P.(C) No.5888/2015 and batch titled Government of NCT of Delhi v. Union of India & Ors. Accordingly, without going into the other contentions raised in the writ petition, the impugned order dated 13.03.2015 is hereby set aside.”
• Only time would allow us to understand the validity of the above order as the Supreme Court is yet to pronounce its decision in the Centre-Delhi power tussle over who between them wields the power of administration and governance over the National Capital.
• However, as the ECI had decided the Reference Case No. 5 of 2015 on merit separately, the only recourse for these disqualified MLAs is to challenge the January 21, 2018 notification by way of a writ petition before a court.

Tests to determine ‘office of profit’

• The ECI examined the rich jurisprudence of office of profit and disqualification of a Member of Legislative Assembly and enlisted three determinative tests — test of pecuniary gain, executive nature of office, test of exercise of constitutional/ executive powers while functioning as parliamentary secretary. The poll panel placed much reliance of the third test as under:
• “The third test in the criteria noted above is of great significance in the present case. The office of Parliamentary Secretary allowed the incumbents to participate in high level meetings of the Government and to even Chair those meetings. The Parliamentary Secretaries were allotted office space in the Legislative Assembly Secretariat and in many cases even elsewhere and were allotted official transportation. These Parliamentary Secretaries were to assist the concerned Minister in the discharge of his functions and the actual delegation of work or authority was left to the discretion of the Minister. These Parliamentary Secretaries had full time access to the Ministers and ministerial files and notings and this access enabled them to wield influence and power by way of patronage.”
• The ECI relied on these criteria, which have been adopted and developed in the Report of Joint Parliamentary Committee on Offices of Profit (16th Lok Sabha).
• The ‘potential doctrine’ as established in Jaya Bachchan case The Supreme Court in its seminal decision in the Jaya Bachchan v. Union of India case developed the doctrine of ‘potential effect of an office’ to ascertain the nature of office, which reads as under:
• “…The question whether a person holds an office of profit is required to be interpreted in a realistic manner. Nature of the payment must be considered as a matter of substance rather than of form. Nomenclature is not important. In fact, mere use of the word “honorarium” cannot take the payment out of the purview of profit, if there is pecuniary gain for the recipient. Payment of honorarium, in addition to daily allowances in the nature of compensatory allowances, rent free accommodation and chauffeur driven car at State expense, are clearly in the nature of remuneration and a source of pecuniary gain and hence constitute profit. For deciding the question as to whether one is holding an office of profit or not, what is relevant is whether the office is capable of yielding a profit or pecuniary gain and not whether the person actually obtained a monetary gain. If the “pecuniary gain” is “receivable” in connection with the office then it becomes an office of profit, irrespective of whether such pecuniary gain is actually received or not. If the office carries with it, or entitles the holder to, any pecuniary gain other than reimbursement of out of pocket/actual expenses, then the office will be an office of profit for the purpose of Article 102(1)(a).”
• The ‘potential doctrine’ presumes certain things associated and attached with the ‘office’ in question. It calls for further facts to be established beyond a particular standard. Too much reliance on the ‘potential doctrine’ by the ECI makes it more susceptible for challenge on that account alone. It is time for the Supreme Court to examine and streamline the confusing elements related to the ‘office of profit’ and tests evolved thereto.

(Source : The Hindu News by S. Sivakumar)

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::Pradhan Mantri Vaya Vandana Yojana::

• Government has launched the ‘Pradhan Mantri Vaya Vandana Yojana (PMVVY)’ to provide social security during old age and to protect elderly persons aged 60 and above against a future fall in their interest income due to uncertain market conditions. The scheme enables old age income security for senior citizens through provision of assured pension/return linked to the subscription amount based on government guarantee to Life Insurance Corporation of India (LIC).
• The scheme provides an assured return of 8% per annum for 10 years. The differential return, i.e. the difference between return generated by LIC and the assured return of 8% per annum would be borne by Government of India as subsidy on an annual basis. Pension is payable at the end of each period during the policy tenure of 10 years as per the frequency of monthly/quarterly/ half-yearly/yearly as chosen by the subscriber at the time of purchase. Minimum purchase price under the scheme is Rs.1,50,000/- for a minimum pension of Rs. 1,000/- per month and the maximum purchase price is Rs.7,50,000/- for a maximum pension of Rs.5,000/- per month. The scheme is exempted from Goods and Services Tax (GST). The scheme is open for subscription till 3rd May 2018.
• Senior Citizens Savings Scheme, 2014 is a deposit scheme for individuals who have attained the age of 60 years. However, persons retiring on superannuation or under any Voluntary Retirement Scheme (VRS) who have attained the age of 55 years and retiring defense personnel who have attained the age of 50 years can also open the account subject to certain conditions. The upper limit of investment under this Scheme is rupees fifteen lakh. The rate of interest under the scheme for the quarter 01.01.2018 to 31.03.2018 is 8.3%. The deposits made in the scheme are exempt from income tax under section 80C of Income Tax Act, 1961. However, the interest earned on the deposit is not exempt from income tax. Provisions of Tax Deduction at Source (TDS) are applicable to the Scheme.

Some of the important aspects of this scheme are given below:

Benefits :

Pension Payment : On survival of the Pensioner during the policy term of 10 years, pension in arrears (at the end of each period as per mode chosen) shall be payable.

Death Benefit: On death of the Pensioner during the policy term of 10 years, the Purchase Price shall be refunded to beneficiary.

Maturity Benefit: On survival of the pensioner to the end of the policy term of 10 years, Purchase price along with final pension installment shall be payable.

Eligibility Conditions and Other Restrictions:

• Minimum Entry Age: 60 years (completed)
• Maximum Entry Age: No limit
• Policy Term : 10 years
• Minimum Pension: Rs. 1,000/- per month
• Rs. 3,000/- per quarter
• Rs.6,000/- per half-year
• Rs.12,000/- per year
• Maximum Pension: Rs. 5,000/- per month
• Rs. 15,000/- per quarter
• Rs. 30,000/- per half-year
• Rs. 60,000/- per year

Ceiling of maximum pension is for a family as a whole i.e. total amount of pension under all the policies allowed to a family under this plan shall not exceed the maximum pension limit. The family for this purpose will comprise of pensioner, his/her spouse and dependents.

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::Jal Marg Vikas Project::

Inland Water Transport (IWT) is a much more energy efficient and economically viable mode of transport then road and rail mode of transport. Internationally also Inland water transport is regarded as most energy efficient mode of bulk transport. Inland water transport also has a great employment potential, in a country like India where so many rivers runs across the year Inland water transport is great potential.On top of it the Inland water transport can help in solving the unemployment problem in India as well.

The Government of India has thus set up Inland Waterways Authority of India (IWAI), a statutory body under Ministry of Shipping in 1986 with the responsibility of regulation and development of National Waterways in the country for shipping and navigation.Ganga-Bhagirathi-Hooghly river system from Allahabad to Haldia was declared as National Waterway No.1 video National Waterway (Allahabad-Haldia stretch of the Ganga Bhagirathi- Hooghly river) Act 1982 (49 of 1982). It became operative from 27th Oct 1986 after the formation of the IWAI. The waterway extends from Haldia to Allahabad for a distance of 1620 kms.

The Cabinet Committee on Economic Affairs, chaired by the Prime Minister Shri Narendra Modi has given its approval for implementation of the Jal Marg Vikas Project (JMVP) for capacity augmentation of navigation on National Waterway-1 (NW-1) at a cost of Rs 5369.18 crore with the technical assistance and investment support of the World Bank. The Project is expected to be completed by March, 2023.

Major Impact:

• Alternative mode of transport that will be environment friendly and cost effective. The project will contribute in bringing down the logistics cost in the country.
• Mammoth Infrastructure development like multi-modal and inter-modal terminals, Roll on - Roll off (Ro-Ro) facilities, ferry services, navigation aids.
• Socio-economic impetus; huge employment generation.

No. of beneficiaries:

• NW-1 development & operations will lead to direct employment generation to the tune of 46,000 and indirect employment of 84,000 will be generated by vessel construction industry.

States/districts covered

• States: Uttar Pradesh, Bihar, Jharkhand, West Bengal
• Major Districts: Varanasi, Ghazipur, Ballia, Buxar, Chhapra, Vaishali, Patna, Begusarai, Khagaria, Munger, Bhagalpur, Sahibganj, Musrhidabad, Pakur, Hoogly, Kolkata.

Project details:

• Funding pattern: IBRD loan component: Rs. 2, 512 crore (US$ 375 million).
• Government of India counterpart funds: Rs. 2,556 crore (US$ 380 million), to be sourced from budgetary allocation and proceeds from bond issue.
• Private sector participation under PPP mode: Rs. 301 crore (US$45 million).
• However there are many challenges to the in implementing this project, some of the important ones include low depth upstream of Farakka other problem includes environmental challenges. Important challenges among others are mentioned below:
• One of the major problems for a commercially viable and safe navigation on NW-1 is low depth upstream of Farakka due to low discharges from tributaries and difficult hydro morphological characteristics of river Ganga.
• A pilot study on the Allahabad-Ghazipur stretch was commissioned by Inland Waterways Authority of India (IWAI) to find solutions to this problem.
• Based on the findings of this study, a proposal for development of NW-1 at an estimated cost of Rs. 4,200 crore (US$ 700 million) was taken up for seeking technical assistance and investment support from the World Bank to the tune of US$ 350 million in three Phases.
• Finance Minister announced JMVP in Budget Speech in July 2014, to enable commercial navigation of at least 1500 tonnes vessels in Ganga.

Funding Pattern:

• IBRD loan component: Rs. 2, 512 crore (US$ 375 million).
• Government of India counterpart funds: Rs. 2, 556 crore (US$ 380 million), to be sourced from budgetary allocation and proceeds from bond issue.
  Private sector participation under PPP mode: Rs. 301 crore (US$45 million).

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Civil Society

::Three cheers for civil society::

As thousands of agitating and agitated Europeans crowded the streets in eastern European cities in 1989, Stalinist states collapsed like the proverbial house of cards. A self-limiting social movement, which had carved out a free zone called civil society outside the sphere of the state and the household, was transformed into a political movement. Not surprisingly, the term civil society as a companion concept of democracy came readily onto the lips of policymakers, politicians, journalists, activists, and scholars. Democratic theory holds that citizens have the political competence to participate in political processes through public debates, campaigns, and non-violent direct action in civil society. To challenge this is to deny the basic right of citizens to share in the making of a public discourse and an accessible political discourse. The rider is that a democratic state is a necessary precondition for a vigilant civil society.

The rise of Jignesh Mevani

• However, in recent years, the space of civil society in India has shrunk dramatically because the present government has neither patience for civil society activism nor respect for the political competence of citizens. Under the indomitable and relentless attack of the government, civil society might just wither. But a kindly fate intervened. At a time when the future of India’s democracy appeared bleak, three young men heading social movements in Gujarat catapulted core issues of well-being, rights and solidarity onto the political platform. Their combined agenda might rejuvenate civil society as the sphere of non-violent protest. Jignesh Mevani, Hardik Patel, and Alpesh Thakor might just aid in replenishing the energies of the sphere.
• Of the three, Mr. Mevani stands out as forceful and motivated. He appeared onto the political scene in the wake of the stomach-turning lynchings in Una in July 2016. Armed with the slogan, “You keep the cow’s tail, just give us our land”, he radically shifted the Dalit discourse from an overwhelming preoccupation with identity politics to the political economy of land and occupation. By skilfully welding caste and class vide the twin slogans of Jai Bhim and Lal Salaam, he challenged the ‘Gujarat model of development’. He also questioned the wider notion of development that concentrates on economic growth and leaves workers and peasants on the wayside.
• His ideology is cogent and hard-hitting. Targeting the Bharatiya Janata Party (BJP) government as well as neo-liberalism, he reaches out to a national audience of the most vulnerable, impoverished, and marginalised. He has taken into his ideological fold not only doubly disadvantaged Dalits, but also poor Brahmins, the beleaguered Muslim community, and tribals. Above all, Mr. Mevani has foregrounded agrarian distress compellingly and emphatically to illustrate the shortcomings of the Modi model of development. Caste discrimination, he argues, can be tackled only when Dalits have access to land and jobs, and when they attain self-respect as producers of value. As long as they are dependent on handouts, they will continue to be stripped of self-respect. Prime Minister Narendra Modi appeals to a Gujarati constituency on the basis of asmita (pride). Mr. Mevani asks whether asmita can be realised if the Dalits in Gujarat are bereft of land and income. More significantly, the Azadi Kooch, organised by the Rashtriya Dalit Adhikar Manch, has disseminated the legacy of the Una movement across India. The movement is not only about the four victims of the lynching by cadres of the Hindutva brigade, it is about demanding and securing basic rights that accrue to every citizen. Mr. Mevani defends a form of politics that dares the legitimacy of a social, political and an economic order based on exploitation and oppression, and suggests that the only way this can be fought is by a trans-caste and trans-religious alliance of the oppressed. The phase of identity politics which capitalised caste identities to seek benefits from the state is sought to be replaced by the politics of egalitarian democracy.

Forging a coalition

• The three leaders can be credited with the forging of a politically significant coalition of castes that have historically been at loggerheads: the Dalits, the Patidars, and the Thakors. Hardik Patel’s Patidar Anamat Andolan Samiti was initiated soon after Mr. Modi left Gujarat for New Delhi. The Patidars demanded inclusion of their community in the list of Other Backward Classes (OBC) to avail the benefits of reservations, and Mr. Patel was soon propelled into the competitive arena of caste politics as the most visible face of the agitation. State repression and arrests followed, but Mr. Patel nevertheless managed to galvanise substantial opposition against the BJP. By the time the 2017 Assembly elections came around, the reservation issue was accompanied by a wider political economy focus on the exorbitant costs of education, lack of jobs, non-existent health facilities, and poor remuneration given to Gujarati farmers. Not every demand for reservations can be considered legitimate, but the demand itself is understandable. The agrarian economy is in dire straits, agriculture promises few rewards, and urban-based professions promise even less for young people. The demand for reservations simply epitomises the lack of opportunities — the same ones that Mr. Modi had promised when campaigning for the 2014 elections.
• Alpesh Thakor, who heads the OBC, SC, ST Manch, that opposes the demand for reservations by the Patels, has also elaborated the dismal economic scene in Gujarat. He accuses the BJP government of ignoring the interests of the poor and middle classes. He points to the ready availability of liquor that has wreaked havoc on families in a prohibition State. He focusses on losses in agriculture, unemployment, the demolition of the public educational system, and corruption. And he gestures to the general malaise that clouds the lives of thousands of Gujaratis.
• Together these three leaders have mobilised social movements around substantive issues of livelihood by concentrating on the hardships that rack the lives of citizens, on declining public support for education, the dismal state of health facilities, unemployment, and agrarian hardship. More significantly, they have mounted a challenge to the legitimacy of the Gujarat model of development. Fearlessly confronting a leadership that had been considered for over a decade to be above criticism, they have charted out a course of coalition politics that combines caste and class.
• The message is clear: the narcissism of small identities appears inconsequential in front of basic needs for all. This is preciselythe task that civil society, which appears to have retreated from confrontation with the state, has to take up with gusto. Civil society organisations have to come together and reinvent themselves as the guardian of substantive freedom in India. Social movements in Gujarat have shown us the route across stormy seas. We have to harness the tide, before it ebbs and leaves citizens stranded on the shores of an uncaring India.

(Source : The Hindu opinion by Neera Chandhoke)

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Cover Issue : Feb 2018

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Table of Contents:

HOT Topics Articles:

• Jal Marg Vikas Project

• Pradhan Mantri Vaya Vandana Yojana

• Online portal ‘NARI’ for women empowerment

• The Age of Crypto-Economics

• TRIPLE TALAQ BILL

• Amendments to the Arbitration and Conciliation Bill, 2015

Current Affairs:

• National Issues

• International Issues

• India & The World

• Economy

• Science & Technology

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Law and Order Administration

::Crime and Callousness::

• The Pradyuman Thakur murder case raises multiple issues. It reflects the inadequacy of security in our schools. Parents, too, are answerable, if the behaviour of their children raises questions for which they don’t have answers and if they fail to share their concerns with teachers and, if necessary, the management. These issues need to be addressed across the school system.
• But what this tragic incident also reveals is the sheer callousness with which our investigating agencies deal with such situations. The utter lack of professional competence and insensitivity is clear from the alacrity with which they identified the accused, a school bus conductor. We were informed through the media that the accused had already confessed. Imagine the consequences for the bus conductor and his family if the investigation had not been transferred to the CBI. Had the CCTV footage not been carefully scrutinised, the named accused would never have been enlarged on bail.
• After long years of trial, had the accused not got the benefit of doubt, he would not only have languished in jail but might have suffered a life sentence, if not capital punishment. His family would not only be agonised during his incarceration but would have to face the ignominy of being related to an accused in the murder of a child. Societal angst and TV channels baying for blood would have nailed any chance of his acquittal. No one would have shed tears if he stood convicted.
• The Pradyuman case shows how important it is to first investigate and only after objectively assessing the evidence, arrest and prosecute the accused. In India, not always but usually, it happens the other way around. The investigation authorities first arrest, then investigate. Where they want to shield someone, they catch hold of innocent victims. Where they are unable to identify the real accused, they implicate someone innocent only to show their investigative prowess. Our investigation agencies are handicapped in several ways. Their knowledge of the law is scant, to say the least.
• Agencies also lack professional skills and are not adept at using technology. So it is easy to arrest, extract a confession, then proceed to create evidence and go to trial. Factors of caste and creed have become so important that investigators are hand-picked for particular cases and where the establishment so wishes, the investigation is tailored to achieve a particular result.
• Today, the malaise runs deeper. The political class is using investigating agencies as tools for partisan political objectives. Heads of agencies are chosen to do hatchet jobs. The carrot of extension of service is followed by the grant of permanent status to those who oblige. The spectre of terrorism is sometimes used to eliminate people in fake encounters. These encounters, if discovered and proved, are used to polarise society. National fervour is stoked and the spirit of nationalism invoked. Those responsible for fake encounters are regarded as defenders of the faith.
• Courts, at times, turn a blind eye to such victimisation. The prosecution looks on unabashedly when each of its witnesses turns hostile. We know that those obliged to uphold the law have turned a blind eye to crimes committed before their eyes. How else does one explain the absence of prosecutions after the 1993 Mumbai bomb blasts?
• The Supreme Court had to intervene to ensure investigations through SITs in response to complaints of state complicity in dealing with the riots in Gujarat in 2002. Had the investigations by Gujarat police evoked confidence, the SC need not have intervened. In other jurisdictions, too, investigations have been found wanting where criminal acts acquire a political flavour.
• Justice, in all its manifestations, is essential if the culture of democracy is to flourish. Unbiased investigations are essential to delivering justice to the victims of crime. Many horrendous stories of people being accused of serious crimes without adequate evidence, suffering incarceration, being acquitted after seven to 10 years in jail, have come to light. The poor and the defenceless, like the bus conductor in the Pradyuman case, are often the victims. This speaks volumes about the cavalier way in which crimes are investigated. Many innocent victims and their families have suffered at the hands of agencies. There is no one to answer or to be held accountable.

(Source- The Indian Express Column by Kapil Sibal)

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::Pradhan Mantri Awas Yojana::

• Public housing programme in the country started with the rehabilitation of refugees immediately after independence and since then, it has been a major focus area of the Government as an instrument of poverty alleviation. In 1957, as a part of Community development movement, a village housing programme was introduced providing loans to individuals and cooperatives, of upto 5,500/- per unit. Only 67,000 houses could be constructed till 1979.
• Specific focus on rural housing has its origin in the wage employment programme of National rural employment programme. By allowing construction of houses for SC/STs and freed bonded labourers. Rural housing programme,as an independent programme , started with Indira Awaas Yojana (IAY) in January 1996. Although IAY addressed the housing needs in the rural areas, certain gaps were identified during the concurrent evaluations and the performance Audit by Comptroller and Auditor General (CAG) of India in 2014. These gaps, i.e. non assessment of housing The shortage, lack of transparency in selection of beneficiaries, low the quality of the house and lack of technical supervision, lack convergence, loans not availed by beneficiaries and weak the mechanism for monitoring was limiting the impact and outcomes of the programme.
• To address these gaps in the rural housing program and in view of Government’s commitment to providing “Housing for All’’ by the scheme 2022, the of has IAY has been re-structured into Pradhan Mantri Awaas Yojana –Gramin (PMAY-G) w.e.f. 1st April 2016.PMAY-G aims at providing a pucca house, with basic amenities, to all houseless householder and those households living in
  kutcha and dilapidated house, by 2022. The immediate the objective is to cover 1.00 crore household living in kutcha house/dilapidated house in three years from 2016-17 to 2018- 19.The minimum size of the house has been increased to 25 sq.mt (from 20 sq.mt) with a hygienic cooking space. The unit assistance has been increased from Rs. 70,000 to Rs. 1.20 lakh in plain
  and from Rs 75,000 to Rs 1.30 lakh in hilly states, difficult areas and IAP district. The beneficiary is entitled to 90.95 person day of unskilled labour from MGNREGA. The assistance for construction of toilet shall be leveraged through convergence with SBM-G, MGNREGS or any other dedicated the source of funding. Convergence for piped drinking water, electricity connection, LPG gas
  connection etc. different Government programmers are also to be attempted.
• The cost of unit assistance is to be shared between Central and State Government in the ratio 60:40 in plain areas and 90:10 for North Eastern and the Himalayan States. From the annual budgetary grant for PMAY-G,90% of funds is to be released to States/UTs for the construction of new house under PMAY-G This would also include 4%allocation towards Administrative expenses .5%of the budgetary grant is to be retained at the central Level as reserve found for special Projects. The annual allocation to the states is to be based on the Annual Action Plan (AAP) approved by the Empowered Committee and the found to States /UTs is to be released in two equal installments.
• One of the most important features of PMAY-G is the selection of beneficiary. To ensure that assistance is targeted at those who are genuinely deprived and that the selection is objective and verifiable, PMAY-G instead of selecting a the beneficiary from among the BPL households selects beneficiary using housing deprivation parameters in the Socio Economic and Caste Census (SECC), 2011 data which is to be verified by the Gram Sabhas. The SECC data captures specific deprivation related to housing among households. Using the data households that are homeless and living in 0,1 and 2 kutcha wall and kutcha roof houses can be segregated and targeted . The Permanent Wait List so generated also ensures that the states have the ready list of the household to be covered under the scheme in the coming years (through Annual Select Lists) leading to better planning of implementation. To address grievances in beneficiary selection an appellate process has also been put in place.
• Towards better quality of construction, setting up of a Nation Technical Support Agency (NTSA) at the national level is envisaged. One of the major constraints in quality house construction is the lack of the sufficient number of skilled masons. To address this, a pan-India training and certification programme of Masons has been launched in the States/UTs. This will, in addition, and career progression for rural masons. For timely construction/completion to ensure good quality of house construction, it has also been envisaged to tag a PMAY-G the beneficiary with a field level Government functionary and a Rural Mason.The beneficiary to be assisted by in-house construction with a bouquet of house design typologies inclusive of disaster resilience features the are suitable to their local geo-climatic conditions . These designs are developed through an elaborate public consultative process. This exercise will ensure that the beneficiary does not over-construct in the initial stages of house building which often results in the incomplete house or the beneficiary is forced to borrow money to complete the house.
• In PMAY-G, programme implementation and monitoring is to be carried out through an end to end e-Governance model- Using AwaasSoft and Awaas App. While AwaasSoft is a workflow enabled, web-based electronic service delivery platform through which all critical function of PMAY-G, right from identification of beneficiary to providing construction linked assistance (through PFMS),will be carried out; AwaasApp-a the mobile application is to be used to monitor real time, evidence based progress of house construction through date and time stamped and georeferenced photographs of the house. The tow IT application help identify the slip ups in the achievement of targets during the course of implementation of the programme. All payments to beneficiary is to be through DBT to beneficiary’s Bank/post office accounts registered in AwaasSoft IS.The States have to come up with their Annual Action Plan of PMAY-That will include a plan for convergence in with other Government programme . The mechanism for convergence in PMAY-G is also to be strengthened through a system to system real-time transfer of information between the programme that are to converge with PMAY-G.
• A willing beneficiary is to be facilitated to avail institution finance up to Rs.70,000.-which would be monitored through the SLBC, DLBC and DLBC.The programme implementation is to be monitored not only electronically, but also through community participation (Social Audit), Member of Parliament (DISHA Committee), Central and State Government officials, National Level Monitors etc.

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National Nutrition Mission:

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Accountability and Control

A truly independent judiciary cannot be subverted from within or outside

• When the Indian Constitution was being written, Constitutional adviser B N Rao met Justice Felix Frankfurter of the US Supreme Court. Justice Frankfurther advised that the Indian Supreme Court always sit ‘en banc’ (all together). He warned that if the Supreme Court sat in benches, there would be as many supreme courts as there were benches of the court.
• That advice was not followed. There has been sharply divided use of the Supreme Court on various questions. Today’s press conference with four of the senior judges, including the putative Chief Justice of India Ranjan Gogoi, airing their grievances about the working of the court by Chief Justice Dipak Mishra is the starkest example of a divided Supreme Court.
• What the judges have done by coming out is to destroy the cosy illusion that the judiciary is a collegial family of the holies where decisions are given entirely based on law. It is now apparent that personal predilections of judges also sometimes dictate the fate of cases and that men of law, both lawyers and judges, both know that to be true.
• The judges have in their letter objected to the CJ using his powers as the Master of the Roster to assign sensitive matters to benches which could be reasonably expected to take a particular kind of view. Examples from the past come to mind. No tenant used to lose before Justice D A Desai. A husband in a divorce case could be expected to have a tough time before Justice Ahmadi. And it was well known that Justice M B Shah would not give death sentences.So therefore the luck of the roster is clear in the success and dismissal of appeals. But when the Chief Justice of India as the Master of the Roster is accused in writing by four of his seniormost brethren, of using his powers to assign matters to particular benches, then it changes from the luck of the draw to a “fixed” match. The difference between random arbitrariness and deliberate tweaking of the result.
• It is time to ensure that the institution is again put back on an even keel, to ensure that there are no outside forces which can dictate the course of events. It is all too easy to dismiss this as a clash of personalities. There are serious issues which have been highlighted by the four judges who have otherwise not been expected to go public.
• Appealing to the court of public opinion is a dangerous precedent, not to be easily resorted to. The invitation to public opinion will intrude into judicial working and bring with it the attendant dangers of political polarization into judicial questions.
• The issues flagged by the four judges should be resolved within the judicial family itself without resorting to any political or media platform whatsoever. Senior statesmen of the profession including people like Fali Nariman and Chief Justice MN Venkatachaliah must be resorted to for their wise counsel.Over and above everything else there must be concentrated effort to assure the nation that a truly independent judiciary can exist which cannot be subverted from without or within.

(Source- The Indian Express Opinion by Sanjay Hegde)

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::Cabinet Approves Ordinance to Amend Insolvency & Bankruptcy Code::

• India was lacking the legal and institutional machinery for dealing with debt defaults as per the global standards. The recovery proceedings by creditors, either through the Contract Act or through special laws such as the Recovery of Debts due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has not had desired outcomes. Similarly, action through the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) and the winding up provisions of the Companies Act, 1956 have neither been able to aid recovery for lenders nor restructuring of firms. Laws dealing with individual insolvency, the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920, were almost a century old. This has hampered the confidence of the lender and development of the credit markets in India. Resultantly, credit by banks is the largest component of the credit market in India and corporate bond market has not yet developed to the desired level.
• The Government decided to embark on a fundamental and systemic reform which would address this problem, both commercially and judicially. The idea was to come up with a comprehensive solution, which would encompass borrowing by firms and by individuals. In recognition of the fact that major sub-components of lending are done by non-banks, in particular the corporate bond market which serve infrastructure projects, bankruptcy reforms needed to have a consistent treatment of default. While the systems of well -functioning advanced economies were studied, the design that was implemented for India reflects a careful judgment about what would work under India conditions.
• The Insolvency & Bankruptcy Code Aimed to consolidate the laws relating to insolvency of companies and limited liability entities(including limited liability partnerships and other entities with limited liability), unlimited liability partnerships and individuals, presently contained in a number of legislations, into a single legislation and provide for their reorganization and resolution in a time bound manner for maximization of value of their assets. Such consolidation will provide for a greater clarity in law and facilitate the application of consistent and coherent provisions to different stakeholders affected by business failure or inability to pay debt. This law will thus promote entrepreneurship, availability of credit and balance the interest of all stakeholders.
• The vision of the Insolvency & Bankruptcy Code Was to encourage entrepreneurship and innovation. It is true that some business ventures will always fail, but such failures will be handled rapidly and swiftly.Entrepreneurs and lenders will be able to move on,instead of being bogged down with decisions taken in the past. The Code empowers the operational creditors (workmen, suppliers etc.) also to initiate the insolvency resolution process upon non-payment of dues. In order to develop the credit market in India, in case of liquidation, financial debts owed to unsecured creditors have been kept above the Government’s dues in the list of priorities (waterfall)
• Facilitating early resolution and exit is as important as facilitating investment. The essential idea of the new law is that when a corporate entity defaults on its debt, control shifts from the shareholders/promoters to a committee of creditors, who have 180 days (extendable by 90 days in deserving cases) to evaluate proposals from various players about resuscitating the company or taking it into liquidation. When decisions are taken in a time-bound manner, there is a greater chance that the corporate entity can be saved as a going concern, and the productive resources of the economy (labour and capital) can be put to the best use. This is in complete departure from SICA regime where there were delays leading to destruction of the value of the firm.
•  However due to some technical difficulties Insolvency & Bankruptcy Code Could not reach the desired output. In order to improve the efficiency of the Insolvency & Bankruptcy Code , The Ordinance to amend the Insolvency and Bankruptcy Code, 2016 (the Code) was signed by the President.
• The Ordinance aims at putting in place safeguards to prevent unscrupulous, undesirable persons from misusing or vitiating the provisions of the Code. The amendments aim to keep out such persons who have wilfully defaulted, are associated with non-performing assets, or are habitually non-compliant and,therefore, are likely to be a risk to successful resolution of insolvency of a company. In addition to putting in place restrictions for such persons to participate in the resolution or liquidation process, the amendment also provides such check by specifying that the Committee of Creditors ensure the viability and feasibility of the resolution plan before approving it. The Insolvency and Bankruptcy Board of India (IBBI) has also been given additional powers.
• It may be recalled that the regulations by the IBBI were also amended recently to ensure that information on the antecedent of the applicant submitting the resolution plan along with information on the preferential, undervalued or fraudulent transactions are placed before the Committee of Creditors in order for it to take an informed decision on the matter.
• Along with other steps towards improving compliances, actions against defaulting companies to prevent misuse of corporate structures for diversion of funds, reforms in the banking sector, weeding out of unscrupulous elements from the resolution process is part of ongoing reforms of the Government. These would help strengthen the formal economy and encourage honest businesses and budding entrepreneurs to work in a trustworthy, predictable regulatory environment.
• The Ordinance amends sections 2, 5, 25, 30, 35 and 240 of the Code, and inserts new sections 29A and 235A in the Code.

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Gist of the amendments is given below:

::India's Membership for European Bank for Reconstruction & Development::

• The European Bank for Reconstruction and Development (EBRD) was established to help build a new, post-Cold War era in Central and Eastern Europe. It has since played a historic role and gained unique expertise in fostering change in the region - and beyond.The EBRD is committed to furthering progress towards ‘market-oriented economies and the promotion of private and entrepreneurial initiative’. This has been its guiding principle since its creation at the beginning of the 1990s and, new challenges and the welcoming of new countries to the EBRD world notwithstanding, will continue to be its mission in years to come.
• The EBRD was set up in haste to meet the challenge of an extraordinary moment in Europe’s history, the collapse of communism in its East. In fact, a mere 18 months elapsed between the first mooting of the idea of a European bank, by President François Mitterrand of France, in October 1989 and its opening for business with headquarters in London in April 1991.Urgency and the ability to respond to momentous events swiftly and decisively, whether it be the end of the Soviet Union, financial crises or the ‘Arab Spring,’
  have been among the EBRD’s hallmarks from the start.
• During the frenetic years of the early 1990s the EBRD’s emphasis on the private sector as the main driver for change in Central and Eastern Europe was vindicated many times over. This was the period that
  established the EBRD’s reputation as an expert on transition to the open market.It was heavily involved in areas such as banking systems reform, the liberalisation of prices, privatisation (legislation and policy dialogue) and the creation of proper legal frameworks for property rights, all vital ingredients for change.
• Uniquely for a development bank, the EBRD has a political mandate in that it assists only those countries ‘committed to and applying the principles of multi-party democracy [and]pluralism’. Safeguarding the environment and a commitment to sustainable energy are also central to the EBRD’s activity.The EBRD serves the interests of all its shareholders - 66 countries from five continents plus the European Union and the European Investment Bank - not just those countries which receive its investments (€9.4 billion in 2016). We all stand to gain from the EBRD region’s closer and deeper integration into the global economy. The Union Cabinet chaired by the Prime Minister Narendra Modi has approved India's Membership for European Bank for Reconstruction & Development (EBRD). Necessary steps will be initiated by the Department of Economic Affairs, Ministry of Finance to acquire the membership of the EBRD. The issue relating to acquiring the membership of the "European Bank for Reconstruction & Development (EBRD)" had
  been under consideration of the Government. With the country's impressive economic growth over the years and enhanced international political profile, it was considered appropriate that India should expand its presence on the global developmental landscape beyond its association with the Multilateral Development Banks (MDBs) such as the World Bank, Asian Development Bank and African Development Bank. The decision to join the Asian Infrastructure Investment Bank (AIIB) and the New Development Bank (NDB) was taken earlier in this backdrop.

What will be its Impact:

Membership of EBRD would enhance India's international profile and promote its economic interests. Access to EBRD's Countries of Operation and sector knowledge.

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::India's rating upgrade::

• Since the present union government took over in may 2014, there has been a consistent effort to improve the quality and quantity of Indian economy. The vision of JAM trinity has led to decrease in the leakage of the subsidies and unnecessary wastage of the public finances. Jan dhanyojana has led to the opening of more than 25 crore bank accounts in the country and the poor is now mostly integrated in the economy of the country. Similarly through Mudra yojana loans have been disbursed to the needy section of the society. NDA Government’s push to infrastructure has been evident. Be it Railways, Roads, or Shipping the Government is focusing on augmenting the infrastructure to aid in connectivity. For the first time, Railways budget focused on structural reforms and infrastructure changes. Probably the most important reform of all is single indirect tax in the form of Goods and services tax in the country. Single indirect tax will lead to improvement business activity in the country, it will make the doing of business completely hassle free.
• All this has led to the improvement of economic health of the country. India is the fastest growing large economy in the World. India has also seen a large jump of 30 places in the World Bank’s Ease of doing business index. This will also make India more attractive as an investment designation. Ease of doing business index has improved due to various factors but important among them is Govt has repealed Close to 1800 obsolete legislations, transparency in the auctioning and functioning of government.
• Key elements of the reform program include the recently-introduced Goods and Services Tax (GST) which will, among other things, promote productivity by removing barriers to interstate trade; improvements to the monetary policy framework; measures to address the overhang of non-performing loans (NPLs) in the banking system; and measures such as demonetization, the Aadhaar system of biometric accounts and targeted delivery of benefits through the Direct Benefit Transfer (DBT) system intended to reduce informality in the economy. Other important measures which have yet to reach fruition include planned land and labor market reforms, which rely to a great extent on cooperation with and between the States.
• Most of these measures will take time for their impact to be seen, and some, such as the GST and demonetization, have undermined growth over the near term. Moody's expects real GDP growth to moderate to 6.7% in the fiscal year ending in March 2018 (FY2017). However, as disruption fades, assisted by recent government measures to support SMEs and exporters with GST compliance, real GDP growth will rise to 7.5% in FY2018, with similarly robust levels of growth from FY2019 onward. Longer term, India's growth potential is significantly higher than most other Baa-rated sovereigns.
• After taking into consideration the above mentioned reform initiatives Moody's Investors Service ("Moody's") has upgraded the Government of India's local and foreign currency issuer ratings to Baa2 from Baa3 and changed the outlook on the rating to stable from positive. Moody's has also upgraded India's local currency senior unsecured rating to Baa2 from Baa3 and its short-term local currency rating to P-2 from P-3.The decision to upgrade the ratings is underpinned by Moody's expectation that continued progress on economic and institutional reforms will, over time, enhance India's high growth potential and its large and stable financing base for government debt, and will likely contribute to a gradual decline in the general government debt burden over the medium term. In the meantime, while India's high debt burden remains a constraint on the country's credit profile, Moody's believes that the reforms put in place have reduced the risk of a sharp increase in debt, even in potential downside scenarios.
• Moody's has also raised India's long-term foreign-currency bond ceiling to Baa1 from Baa2, and the long-term foreign-currency bank deposit ceiling to Baa2 from Baa3. The short-term foreign-currency bond ceiling remains unchanged at P-2, and the short-term foreign-currency bank deposit ceiling has been raised to P-2 from P-3. The long-term local currency deposit and bond ceilings remain unchanged at A1.
• The government is mid-way through a wide-ranging program of economic and institutional reforms. While a number of important reforms remain at the design phase, Moody's believes that those implemented to date will advance the government's objective of improving the business climate, enhancing productivity, stimulating foreign and domestic investment, and ultimately fostering strong and sustainable growth. The reform program will thus complement the existing shock-absorbance capacity provided by India's strong growth potential and improving global competitiveness.

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::Amendments to the Arbitration and Conciliation Bill, 2015::

The amendments to this Bill are based on the Law Commission’s recommendations and suggestions received from stakeholders. Law Commission of India (LCI) in its 246th Report had recommended various amendments in Arbitration and Conciliation Act, 1996 in order to pave way for India to become a hub of International Commercial Arbitration.

Law commision observed in its 246th report that the Act the enacted withanaim to consolidate and amend the law relating to domestic arbitration and international commercial arbitration. Statement of objects andreasons in the Arbitration and conciliation bill, 1995 are as follows.

• Comprehensively coverr inrternational commercial arbitration and domestic arbitration;
• Minimise the supervisory role of courts in the arbitral process;
• ensure that final arbitral award is enforced in the same manner as the decree of court.

Aggrevied party from the arbitration decision has the power to go to court under the section 34 of the act. Law commission believes that the power given under this section to the courts should not be excessively used otherwise it undermines the whole process of arbitration. Award from arbitration should be set aside only in the following cases.

• if it is against the fundamental policy of India;
• against the justice and morality;
• if the award is illegal, illegality should not be mere a technical illegality;

In light of this government has come up with the changes to the Arbitration and conciliation act. The salient features of the amendments are as under:

1. In order to ensure neutrality of arbitrators, it is proposed to amend Section 12 to the effect that when a person is approached in connection with possible appointment of arbitrator, he shall disclose in writing about existence of any relationship or interest of any kind, which is likely to give rise to justifiable doubts. Further, if a person is having specified relationship, he shall be ineligible to be appointed as an arbitrator.
2. Insertion of a new provision that the Arbitral Tribunal shall make its award within a period of 12 months. Parties may extend such period up to six months. Thereafter, it can only be extended by the Court, on sufficient cause. The Court while extending the period may also order reduction of fees of arbitrator(s) not exceeding five percent for each month of delay, if the court finds that the proceedings have been delayed for reasons attributable to the arbitral tribunal. If the award is made within a period of six months, arbitrator may get additional fees if the parties may agree.
3. It is proposed to insert a provision for fast track procedure for conducting arbitration. Parties to the dispute may agree that their dispute be resolved through fast track procedure. Award in such cases shall be given in six months period.
4. Amendment of Section 34 relating to grounds for challenge of an arbitral award, to restrict the term 'Public Policy of India" (as a ground for challenging the award) by explaining that only where making of award was induced or affected by fraud or corruption, or it is in contravention with the fundamental policy of Indian Law or is in conflict with the most basic notions of morality or justice, the award shall be treated as against the Public Policy of India.
5. A new provision to provide that application to challenge the award is to be disposed of by the Court within one year.
6. Amendment to Section 36 to the effect that mere filing of an application for challenging the award would not automatically stay execution of the award. Award can only be stayed where the Court passed any specific order on an application filed by the party.
7. A new subsection in Section 11 to be added to the effect that an application for appointment of an Arbitrator shall be disposed of by the High Court or Supreme Court as expeditiously as possible and an endeavour should be made to dispose of the matter within 60 days.
8. A new Section 31A is to be added for providing comprehensive provisions for costs regime. It is applicable both to arbitrators as well as related litigation in Court. It will avoid frivolous and meritless litigation/arbitration.
9. Section 17 is to be amended for empowering the Arbitral tribunal to grant all kinds of interim measures which the Court is empowered to grant, under Section 9 and such order shall be 'enforceable in the same manner as if it is an order of Court.

The Government of India has under its consideration proposals for making Arbitration a preferred mode for settlement of commercial disputes by making it more userfriendly and cost effective. This will lead to expeditious disposal of cases. The Govt. of India is committed to improve its legal framework relating to Arbitration. These changes will introduce fairness, speed and economy in the resolution of disputes arbitration. It will also bring arbitration practice in India in conformity with the arbitration practices in international community. It will also reduce the unecessary judicial interference in the arbitration proceedings. Shortcomings of the present procress has led to Indian parties starting arbitration proceedings abroad.

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Civil Society

::The power of many::

• Bad ideas seldom wither away — they can resurface and return to haunt in the President’s address to the joint sitting of the two Houses of Parliament, or in the Prime Minister’s meeting with allies. The notion of simultaneous elections to the Lok Sabha and state legislative assemblies, in the public domain for long, has in the past been advocated by the Election Commission, examined by the parliamentary standing committee and the Niti Aayog, and promoted by senior politicians. Now, it seems to be acquiring a troubling new momentum. Frequent elections “adversely impact the economy and development” said President Ram Nath Kovind to Parliament this week, as he called for a “sustained debate” and “a consensus” on simultaneous polls.
• And PM Narendra Modi reportedly urged the BJP’s allies to create an atmosphere in its favour. Simultaneous polls is a bad idea not just because it is impractical and unworkable in the current constitutional framework, but more because it is anti-democratic and disrespectful of the spirit of federalism at its core.
• Elections were simultaneously held to the Lok Sabha and to state assemblies when independent India first began holding them, but the cycles diverged after 1967 due to premature dissolution of some assemblies and because general elections were called early in 1970. Ever since, and especially after the splintering of the Congress system, the rise of regional parties, the intensification of multi-party competition and onset of coalition politics, different states have evolved their own formats and electoral cycles that may or may not coincide with each other or with the Centre.
• Imposing an artificial uniformity and fixity on the several election calendars in the name of reducing expenses, or greater convenience or better governance — arguments for which no persuasive case has been made yet — will have costs that must be seen to be fundamental and intolerable in a diverse, federal democracy. Amendments will be required to the Constitution and to laws like the Representation of the People Act to fix the terms of legislatures and to ensure that a no-confidence motion should also propose an alternative governing arrangement.
• In effect, that will mean a dilution of the representativeness and accountability of governments. It will also potentially flatten out political diversities and smooth the way for a more presidential, more unitary system that would ill fit a country as plural as India.
• That different sets of issues and players are salient at different levels of a federal polity should be seen as a sign of the deepening of democracy.“One nation, one poll” may sound like a promise of more neatness and order, but its underlying threat of forcible homogenisation must be recognised and resisted.
• And then, in a country where accountability structures are still only weakly institutionalised, elections offer vital opportunities for the people to confront their elected representatives, demand answers from them and a hearing.

(Source : The Indian Express Editorials)

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::INDIAN SATELLITE SYSTEM::

Indian satellite missions have a long history from 1975. In 1975 Aryabhatta,

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Indian Administration

::Divide and Misrule::

• India in 2018 confronts mounting challenges of critical proportions. These are a product of the divide and misrule of the BJP-led NDA regime in the past three years. Never before has the country faced such intense and devious polarisation, of the magnitude last seen at the time of Partition. The NDA regime is recreating that situation in a calculated manner for political gains and with an understanding that such a strategy brought them to office. India in the 21st century is being pushed back to the medieval age, with people being mobilised on religious lines. The Constitution, idea of the Indian nation and the secular fabric of our society are all under threat. The divisive ideology of the BJP is mounting a serious assault on India’s unity and integrity.
• This divisive ideology was revealed in the statement of the Union minister, who scornfully called secularists people ignorant of their parentage and ancestry. Instead of subscribing to a secular identity, he wanted people to define themselves as Hindus, Muslims, Christians, Brahmins, Rajputs, etc. He even had the audacity to say that the Narendra Modi government is here to remove secularism from the Constitution.
• By reducing people to their immediate, primordial identities, the minister went against the very essence of the Constitution which recognises the individual citizen as an Indian regardless of religious, caste or linguistic affiliation. Strangely, the top leadership of the BJP and NDA government did not utter a word against the minister for his disparaging remarks. It was only when the matter was raised in Parliament by the Opposition that the minister expressed regret. Thereafter, the government dissociated itself from the minister’s statement. The fact that the government did not come forward on its own to defend the Constitution speaks volumes about its understanding of the ideals of the nation. These ideals are ingrained in the Constitution; the assault mounted on it is indicative of the gathering crisis confronting the nation.
• Let us not forget that during the NDA government headed by Atal Bihari Vajpayee, attempts were made to review the Constitution. K R Narayanan, the then President of India, responded sharply. He said: “Let us examine if the Constitution has failed us or we have failed the Constitution.” It forced the then NDA regime to abandon the idea and instead opt for a commission to review the working of the Constitution. We need to be inspired by this rich legacy when the Constitution is under threat from diabolical forces masquerading as nationalists.
• Babasaheb Ambedkar, in his historic speech in the Constituent Assembly on November 25, 1949, said that “however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happened to be a bad lot. However bad a constitution may be, it may turn out to be good if those who are called to work it happened to be a good lot”. By now, it has become clear that the Constitution is in the hands of a bad lot. They are asking the people to accept a Constitution based on the Manusmriti in place of the present republican Constitution.
• Apart from the Constitution, the institution of Parliament is being undermined. The law-making process and the democratic method of governance based on deliberation, dialogue and consultation has been irreversibly compromised by declaring many bills as money bills and, thereby, depriving the Rajya Sabha of the opportunity to scrutinise those proposals. Never have we witnessed such a situation wherein the money bill route is being taken to bypass deliberation, consultation, dialogue and better scrutiny. Ambedkar famously said that Parliament belonged to the Opposition. But unfortunately, the space for Opposition to debate and discuss legislative proposals is being shrunk. Besides, the well-established convention of referring bills to Parliamentary Standing Committees for scrutiny is being dispensed with, with the objective of diluting critical examination. In undermining Parliament, the present leadership is negating the people’s will and mandate. In other words, it is an assault on democracy. This constitutes a serious challenge. India, known for a million mutinies, would explode if such challenges are not mitigated by a full flowering of democracy. What we need is more democracy, more freedom and less restrictions.
• The country is already suffering from convulsions because of cow vigilantism, “love jihad” and the profiling of people primarily based on religion. History is being distorted to promote divisive agendas. The Mumbai High Court, in a judgement in the early 1960s, had observed that when the ruling class uses history as its handmaiden it would spell undesirable consequences for the society as a whole. The Sangh Parivar is spreading social obscurantism by questioning the theories of gravity and evolution to promote a communal fascist agenda.
• The alarming consequences of neoliberalism, imposed almost three decades ago, are now manifesting in the growing income inequality, rising levels of corruption in the corporate sector and monopolisation of quality education by a few. This is a serious challenge to the Constitution, which celebrates liberty, equality, fraternity and secularism.
• The growing disaffection of people against the present regime is unmistakable. Let us follow the method of education, organisation and agitation to deepen public reasoning so that the mounting challenges faced by India today can be addressed.

(Source: The Indian Express Opinion by D. Raja)

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