Saturday 30 December 2017

Sample English Short Notes

[Some Material on English Short notes worth 25 marks and around 125 words - take reference and make your own notes]
[Remember topics for short notes keep changing as per latest development in the new - choose topics which are most in news at present]

RIVER GANGA AND ITS POLLUTION
River Bhagirati and River Alaknanda originate in Garhwal Himalayas and join at Devprayag to give birth to River Ganga. The River Ganga courses through Uttrakhand, Uttar Pradesh, Bihar, Jharkhand, West Bengal and thereafter enters Bangladesh to meet Bay of Bengal. The Ganga Basin is thus largest in India covering almost 2525 kms and touching almost half a billion population.
The Pollution of River Ganga accounts of municipal waste (75%) and industrial effluents (25%) is due to two sources – firstly, point sources which are organized source i.e. drainage, sewerage, etc.; and secondly, non-point source which include soil contamination, chemicals, run-off discharge directly into the river, open defecation, dhobi ghat and dumping of half burnt bodies.
The Impact is three fold – (a)marine life; (b)wildlife; and (c)human being.
Action against Pollution – Ganga Action Plan I and II (GAP) commenced in 1987 finally withdrawn in 2000.
National Ganga River Basin Authority (NGRBA) on 20.02.2009 u/S.3(3) EP Act, 1986. Also, $1 Billion granted by World Bank. The National Mission for Clean Ganga (NMCG) a registered society is currently implementing the NGRBA. Recently Namami Gange Programme was launched with 100 crores initial amount and programmes at 231 locations.

PREAMBLE – CONSTITUTION OF INDIA
Preamble is an 85 worded window to our Constitution, and provides the two fold objective of our Constitution – one, the structure of the Government and other, the ideals which it seeks to achieve. Hence, Preamble is ‘Key to the Constitution’.
The Preamble provides India’s structure as –
Sovereign – independent and not under any Control/Rule;
Socialist – in context of resources, to remove inequalities and provides the basic amenities to all;
Secular – the Constitution is neither religious nor anti-religious; it rather gives Freedom to all to choose his/her religion;
Democratic – the real sovereign are the public ensured by electing representatives to govern; and
Republic – means the head i.e. the President is indirectly elected and is not under any Monarch or Dictator.
The goals to be achieved by Preamble are ultimately unity and fraternity among individuals by ensuring them justice, equality, liberty and freedom in various walks of life.
Preamble is non-justiciable part of the Constitution; any amendment would be un-fruitful, but still is a basic structure [His holiness Keshvanand Bharti & Ors v. State of Kerala & Anr. (23.4.1973 – 13 Judges Bench, Supreme Court)].

GENERAL ELECTION
‘India’ a democratic country, sees World’s largest General Election every 5 years to give a ‘popular Government’ chosen by citizen above 18 years and eligible to vote. The Constitutional Body which conducts the election is ‘Election Commission’ derives its powers under Article 324 and follows the Representative of People’s Act, 1951. It consists of one Chief Election Commissioner and two Election Commissioners at the Centre (since 1989 two Commissioners were added to check any action of the Chief from acting aggressively).
The two basic function of Election Commission are – delimitation of constituency which is the smallest unit from which one elected representative is chosen by the people (543 in 16th GE); and electoral rolls i.e. separate roll for each constituency of people who are eligible for voting (84million in 16th GE). The Commission also recognizes - National and Regional Parties; also individual candidates are recognized and election symbols are allocated.
Process includes – nomination and affidavit, scrutiny, withdrawal and campaign. The simple majority is required to win the election. People also have right to know about the candidates and NOTA i.e. not to choose any of the candidate contesting in his/her constituency.

ARTICLE 370 CONSTITUTION OF INDIA
Part XXI of the Constitution is ‘Temporary, Transitional and Special Provisions’. The State of Jammu and Kashmir has been accorded Special Status under Article 370. Upon Partition in 1947, the State (Riyasat) of Jammu and Kashmir chose to remain independent. However, the Pakistan supported ‘Azad Kashmir Force’ attacked Kashmir for forceful accession. Thereupon, Maharaj Hari Singh choose to accede to Dominion of India.
The accession in October 1947 was based upon certain commitment by India’s then Prime Minister, which today is ‘Special Status’. The Special Features are certain provision like – Separate Constitution, dual citizenship, Jurisdiction of Union Parliament limited to only Union List under Schedule VII, Emergency Provision under Article 360 does not apply and also Article 352 (National Emergency) applies only on ground of war or external aggression, etc.
The Parliament cannot limit or extend boundary of Jammu and Kashmir unless the State itself passes a resolution. Other general laws non applicable upon the Northern State are Indian Penal Code, Delhi Special Police Establishment Act, Protection of Human Rights, Representation of Peoples’ Act, etc.

ARTICLE 21 CONSTITUTION OF INDIA
Article 21 of our Constitution penned as ‘No person shall be deprived of his life and personal liberty except according to procedure established by law’. It is a mere acknowledgment with a negative connotation restricting State not to interfere in the Natural Rights of an individual – citizen or alien. Any encroachment by State action must resort to ‘procedure established by law’ more so ‘due process of law’ i.e. ‘test of just, fair and equitable’ ever since Menaka Gandhi v. Union of India; a trinity from the reading together of Articles 14, 19 and 21.
The realm of the Article has over the period of time been extended to cast a positive duty upon State to ensure to every person. Some of the Directive Principles were also casted upon State to ensure, few are –
Ø Infrastructure – public health, pollution free water and air, road, communication, education, professional degree, etc.
Ø Procedure – speedy trial, special treatment of children in jails, no bar fetter, no handcuffing, open trial, etc.
The Article till date remains the most interpreted Article and with more means at the hands of State, greater assurance is being benefitted to every person.

TRANSGENDERS AND THEIR RIGHTS IN INDIA
National Legal Service Authority (NLSA) v. Union of India and Ors. judgment dated 21.04.2014 came as the dawn of equal rights to the marginalized, abused, discriminated Trans Gender (TG) in our Country. The TG community has a long history in our Country and references are drawn from the two epics – Ramayana and Mahabharata. However, throughout the history, the TGs have been subject to discrimination, as being no part to the main stream. Commonly known as Hijras, Eunuch, Aravanis, Kothi, etc, all refer to a gender not belonging to either of the two biological group i.e. male-female.
The Supreme Court have paved way for equality of status. The Hon’ble Court interpreted that sexual identity and determination is fundamental right of all individual under Article 21 and a person of third gender is protected equally under the Articles of 14, 15 and 16. The Supreme Court further issued directions to recognize Third Gender as a column in all schools, colleges, hospitals, public amenities, etc.

SECTION 377, INDIAN PENAL CODE, 1860
Section 377 IPC, 1860 criminalizes any sexual intercourse against the order of the nature, that means, sex other than hetrosexual penile-vaginal is prohibited. The legislative history dates back to 12th Century, when sodomy and buggery was punishable by death penalty under Buggery Act. Lord Macaulay’s drafted Indian Penal Code in 1860 incorporated separate sub-chapter “of unnatural offence”.
In 1886 the English Court in Govindarajula In Re held “inserting penis into mouth (voluntarily) is not included in Section 377”, but the Supreme Court 1968 in Lohana Devchand v. State refused to accept the above contention. The law was settled until the Delhi High Court in 2009 opened a fresh round of debates by recognizing that sexual orientation and preferences are biological and personal to every individual hence, protected under Article 19(1)(a) [Freedom of Expression] and Article 21 [Right to life and personal liberty]. However, the curtains were brought down by the Supreme Court in December 2013 which upheld Section 377 and held that sex other than hetrosexual penile-vaginal was “sexual perversity”, any change can only be brought by way of amendment through Legislative process.

LAW COMMISSION REPORT SUMMARY: ELECTION DISQUALIFICATION
Corruption and Criminalization of Politics has led to a serious debate to cleanse the process and the system. Money and Power have attracted criminals to the election process therefore the Hon’ble Supreme Court upon Public Interest Litigation issued direction in December 2013 favoring cleansing of the system by proper rules and regulations on qualifications and disqualification.
The Twentieth Law Commission chaired by Justice (Retd.) A.P. Shah submitted Report No. 244 on ‘Electoral Disqualification’ which examined two aspects –
One, ‘stage of criminal proceeding’ to attract disqualification was stated to by ‘framing of charge’, with the following safeguards –
(a) charge must be for an offence punishable by five years or more;
(b) charge within one year from date of nomination to be excluded;
(c) trial must be conducted on day to day basis and decision must be made within one year; and
(d) conviction will mean disqualification for period of sentence and 6 years after sentence.
Second, ‘false affidavit’ shall be ground for disqualification and punishment shall be raised to two years (raised from existing 6 months).
The Law Commission submitted Report 255 which is second in electoral reforms, which further recommended –
(a) mandatory disclosure of any contribution above Rs.20,000  to any candidate.
(b) contributions by companies be passed in Annual General Meeting and not  by Board of Directors.
(c) mandatory disclosure of true and fair accounts and strictly penalty and disqualification upon failure within 75/90 days and punishment for default to be raised to 5 years from current 3 years, so that disqualification can be invoked.
(d) contesting election from only one seat.
(e) collegium system in appointing the Chief Election Commissioner and other Commissioners.
(f) restriction on opinion polls and paid news be prohibited carrying stricter penalty.
(g) the government be disallowed six months prior to election from publishing advertisement of achievement at the cost of state exchequer.

THE AGONY OF AWAITING DEATH
On January 21, 2014 the Hon’ble Supreme Court pronounced a landmark judgment relieving the agony of convicts in India sentenced to death but awaiting their execution for prolonged period. A death convict as a final resort has been given a statutory right to Petition the President of India for mercy. It is not an act of grace or mercy, but a statutory right of the convict. However, as any other executive action, the decisions are being kept languished for years and even decade.
The Hon’ble Supreme Court strongly opposing such a process has leaned in favour of the convicts who usually suffer mentally and physically due to every day agonizing fear of death. The Apex Court further directed to hear all such curative petition by a Bench of atleast three judges and held that prolonged delay in deciding mercy petition infringes the Fundamental Right to Life under Article 21. The decision is another safeguard over and above ‘rarest of rare case’ principle applied in death penalty cases, even as India continues to retain death as punishment.

GLOBAL WARMING
Great challenge – increasing temperature – 0.5degreeCelcius in last century and about 1.4 to 5.8 degree Celsius in next century – greenhouse gases/ozone depletion – deforestation/erosion/glaciers/polar ice-caps.
Recent report ozone growing back, yet not enough, fossil will ultimately end this century so better to look for alternative, trees-plantation, reduce-reuse-recycle, awareness.

HONOUR KILING
No honour in honour killing, it is only customary killing on wrong notion that status degraded. States near Capital the most becoz of cultural differnces. Reason is illiteracy, inequality, archaic notion of class and caste. Fact more alarming that Panchayat are too involved.
Law must take its course, Lata Singh v. State of UP [2006 SC]; and Bhagwan Das v. State (GNCTD) [2011 SC] have held, Panchayat court are not adjudicatory body, same gotra marriages allowed, hindu marriage sec. 5 already available. Nothing Honourable in Honour Killing, and are nothing but barbaric and brutal murder by bigoted, feudal minded people.

AADHAAR BILL AND DIRECT BENEFIT TRANSFER (DBT)
JAM – JAN DHAN, AADHAAR & MOBILE
[introduction] If we look at the recent budgetary figures, India spends maximum on interest payment and the second largest expenditure is on subsidy. Subsidy accounts for Rs.4.2 trillion of our budget and another figures reveals that only 48% of the above budgetary allocation reaches target population. To curb this corruption which accounts of 2% of our GDP the Government has introduced Aadhaar Bill and Direct Benefit Transfer (DBT).
Under DBT program, the purchase is made at the actual market rate, the benefits and entitlements would be transferred to the beneficiaries bank accounts, which would be directly linked through biometric based Aadhaar system because biometrics are unique and DBT will remove duplication and falsification. The entire system runs on an Aadhaar Payment Bridge (APB) and Aadhaar enabled Payment System (AePS) which are now enabled and can handle millions of transactions on a daily basis.
LPG PAHAL SCHEME – The beneficiary have to get a unique biometric card called the Aadhaar Card. Biometrics like fingerprints and retinal scan are unique and they negate any duplication and falsification. The LPG distribution and the aadhaar subscription numbers are linked by filing up a form. The Bank account of the beneficiary is linked to the aadhaar subscription number. Each time a cylinder is booked the purchase is to be made at the market price and government then deposits the subsidy directly to the bank account of the beneficiary.
Progress as achieved by the above system promises some hopes. Currently 100 crore people have aadhaar card. The PAHAL Scheme was launched on June 1, 2013 in 291 districts. Under this scheme the beneficiary have to link together their LPG subscribers number, aadhaar number and the bank account to receive the benefits. However, pursuant to the Supreme Court order directing Aadhaar card as not mandatory the beneficiaries can link their LPG Subscribers number with the bank account to receive the direct benefits.
FUNCTIONING  - challenges
1.       The DBT and Aadhaar requires bank account, which is an uphill task for 75% of the population who don’t have a bank within 5 kms of their residence. For them to spend money to travel upto their bank to claim their subsidy will nullify the benefits targeted.
2.      Having a bank account is comparatively easier then to operate, which requires considerable education and learning.
3.      Automatic Teller Machine (ATM) is one way to bring bank closer to people however, it takes some learning to operate it. Moreover a country like India has its own concern about infrastructure and security threats.

National Food Security Act – NFSA rejected by the Govt. which involves distribution of food coupons to the poor instead of cash transfers. The poor can instead of full cash, purchase commodity at the market price by making payment in part cash part food coupon. This system has being tried by the Brazilian economy and the program is showing positive results. The GOI has negated this scheme due to apprehension of people resorting to barter these coupons for cash or alcohol.

RESERVATION IN INDIA
          Jat Agitation saw 2110 FIRs, 567 arrests and Rs.10,000/- crores in damages. However as per the initial reports and assessments, the most losses have been caused to the non-jat community.
Articles – 14 / 16(4) / 335 / 340 / 341 / 342

Cases – S. Vinod Kumar v. Union of India ; Indira Shawney v. Union of India

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