[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withdrawn in 2000.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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