One Page Notes || Indian Polity

UPSC Interview prep feed Vol.14

Topic: Some recent trending legislations

The Mines and Minerals Amendment Bill 2015

• The bill has received presidential assent and the government has drafted Rules for some of the clauses of the act.
• The main flaw with this act is that it does not address the problems of tribals mostly who own the surface land above the mineral bed.
• The act has no clause for consent or even consultation with the Gram Sabhas which would be impacted by the subsequent mining operations and projects.
• "Adiwasis"  are described in the law as "occupiers of the land" and the State govt. at a later stage can enforce them to vacate the land in contention for mining.
• Various adiwasi movements have tried to highlight the just right of the locals to get a share in the profits made by the mining corporations but it has only fallen on deaf ears.
• Many amendments have taken place to the 1957 Act, but they did not focus on these rights of the tribals.
• All this despite the SC Samatha judgement that Adiwasi have a right of informend consent and share in mineral wealth.

Ore vs Mineral 

• Ores contains minerals.
• All ores are minerals but not all minerals are ores.
• Ores have large amounts of metals. They are used to extract metals economically.
• In ores, the minerals are the native form in which the metals exist.
• Thus Ores have economic significance and Minerals have scientific significance

The Rights of Transgender Persons Bill 2014

• This was recently passed by the Rajya Sabha and now is headed to the lower house.
• Last year's landmark  judgement by the SC has definitely made a big impact on this issue.
• SC clarified that Transgender would include those who have had no surgery as well.
• Also, verifications only allowed through psychological assessment and not physical tests.
• After the SC ruling, five instructions were given to the State governments: 1000 INR per month to the parents of transgender children; Class 6-10 scholarship; scholarship for higher studies; skills training and a monthly pension scheme.
• Most states have not done most of these. Tamil Nadu has done well in this regard though.
• But all this will not help if we are not able to change the mind set of the society in general.
• These people are still treated like outcasts and the opportunities for jobs and business is simply negligible. 
• Children in schools need to be sensitized about the Third gender so that they understand them better. 
• 29 Countries across the world have legislations to provides rights to the third sex.
• The bill talks about providing reservations and financial aids to the third sex.
• On this note, the govt. has assured that they have already started working on a detailed policy dealing with the rights of the transgenders.
• Another unique thing is that it is the first private members bill passed in 45 years.

Eunuch: A person who is born male but is emasculated or castrated. If castration takes place at an early age, as is often the case, it can have major hormonal consequences. Eunuch can also refer to an intersex person whose genitals are ambiguously male-like at birth.

Hijra: The Persian word is loosely translated as eunuch in English, but unlike eunuchs, not all hijras are necessarily castrated. According to the apex court judgement, hijras are biological males who reject their masculine identity and identify either as women, or “not-men”, or “in-between man and woman” or “neither man nor woman”.

Undisclosed Foreign Income and Assets (Imposition of Tax) Bill

• The Act will apply to all persons resident in India. 
• Undisclosed foreign income or assets shall be taxed at the flat rate of 30 percent. No exemption or deduction or set-off of any carried forward losses which may be admissible under the existing Income-tax Act, 1961, shall be allowed. 
• The penalty for non-disclosure of income or an asset located outside India will be equal to three times the amount of tax payable thereon, i.e., 90 percent of the undisclosed income or the value of the undisclosed asset. This is in addition to tax payable at 30%.
• Failure to furnish return in respect of foreign income or assets shall attract a penalty of Rs.10 lakh. The same amount of penalty is prescribed for cases where although the assessee has filed a return of income, but he has not disclosed the foreign income and asset or has furnished inaccurate particulars of the same. 
• The punishment for willful attempt to evade tax in relation to a foreign income or an asset located outside India will be rigorous imprisonment from three years to ten years. In addition, it will also entail a fine. 
• Failure to furnish a return in respect of foreign assets and bank accounts or income will be punishable with rigorous imprisonment for a term of six months to seven years. The same term of punishment is prescribed for cases where although the assessee has filed a return of income, but has not disclosed the foreign asset or has furnished inaccurate particulars of the same. 
• Further, the right of appeal has been protected by providing for appeals to the Income-tax Appellate Tribunal, and to the jurisdictional High Court and the Supreme Court on substantial questions of law. 
• One time compliance opportunity – The Bill also provides a one time compliance opportunity for a limited period to persons who have any undisclosed foreign assets which have hitherto not been disclosed for the purposes of Income-tax. Such persons may file a declaration before the specified tax authority within a specified period, followed by payment of tax at the rate of 30 percent and an equal amount by way of penalty. Such persons will not be prosecuted under the stringent provisions of the new Act. It is to be noted that this is not an amnesty scheme as no immunity from penalty is being offered. It is merely an opportunity for persons to come clean and become compliant before the stringent provisions of the new Act come into force. 
• Amendment of PMLA – The Bill also proposes to amend Prevention of Money Laundering Act (PMLA), 2002 to include offence of tax evasion under the proposed legislation as a scheduled offence under PMLA. 

The Juvenile Justice (Care and Protection) Bill

• The Bill permits juveniles between the ages of 16-18 years to be tried as adults for heinous offences.  Also, any 16-18 year old, who commits a lesser, i.e., serious offence, may be tried as an adult only if he is apprehended after the age of 21 years.
• Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district.  The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult.  The CWC will determine institutional care for children in need of care and protection.
• Eligibility of adoptive parents and the procedure for adoption have been included in the Bill. 
• Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.

UPSC Interview Prep feed Vol.4

Issues Discussed: Jat Reservation, Maratha Reservation, Transgender Reservation

Jat Reservation.

The Supreme Court recently quashed the March 2014 notification that brought the Jats under the central list of so-called other backward classes (OBCs) in Bihar, Gujarat, Haryana, Himachal Pradesh and the National Capital Territory of Delhi, Bharatpur and Dholpur districts of Rajasthan, Uttar Pradesh and Uttarakhand. 

This judgment will not have any bearing in the inclusion of the community in OBC lists notified by states. Except Gujarat, Jats are included in the list of OBCs in all the states mentioned above.

A bench of justices Ranjan Gogoi and Rohinton F. Nariman said  that the crucial test of social backwardness for determining the entitlement of the “politically organized” Jats for inclusion in the concurrent list was not met in the case since the data relied upon by the government was outdated. 

The apex court has also held that the government should not have rejected the recommendation of the National Commission for Backward Classes (NCBC) that the Jats not be given OBC status.

The commission rejected claims that Jats were inadequately represented in government jobs, and found that they were adequately represented in the armed forces, government services and educational institutions. It said that the community was neither educationally nor socially backward.

Maratha reservation ( By Yogesh Unde)

Maratha is dominant caste in maharashtra and dominant in social,political and economic system.
Majority politicians and chief ministers (10/16) from maratha community.
State backward commission rejected status of OBC to maratha community in 2008.
Politicians created impression that reservation is panacea for backwardness.

In maharashtra 356 OBC castes getting 19 % reservation,11%for 51 castes from VJNT(vimukt jati nomadic tribes,and 2%for 11 castes in SBC(special backward claas).31.5%population belong to maratha-kunabis according to 1931 census out of which kunabis belong to already OBC reservation.so small segment of maratha population outside OBC quota.overall 52% population(43.70% hindu and 8.40% non hindus.).

MAHARASHTRA GOVERMENT APPOINTED "NARAYAN RANE"committee to look into matter. This committee suggested reservation to maratha 16% outside the current quota system which is more than 50%. In indira sahaney case SC declared that reservation should not cross 50%.

Currently Bombay HC  stayed the implementation of 16 % reservation to maratha community in educational institutions and employment as unconstitutional. Supreme court refused to stay interim order passed by high court.

 Why maratha community demanding reservation

1 economic backwardness due to land fragmentation.

2. employment opportunities.

3 as a tool of empowerment(social ,economic,political)

4 as a welfaristic tool

5 educational advancement

 Solutions apart from reservation

1 scholership in educational institutes.

2 better opportunities in non government sector.

3 financial empowerment through financial inclusion.

4 panchayat raj development and its capacity building.

5 remove urban and rural divide(PURA) TO REDUCE SOCIAL DICRIMINATION  like casteism

6 capacity building and empowerment in political,social,economic sphere by effective policy implementation.

7 set up and build new institutions.

8 political will to revise reservation structure regularly.

9 no politicisation and mature politics

10 change mindset of society...like reservation is not sole solution to problem of reservation.

#Undeism Ends here!

Transgender Reservation.

SC created "Third Gender" Status recognizing both physiological and psychological transgenders. Also made clear that Lesbian, Gay and Bisexual people do not come under this category.

Asked govt. to consider them as socially and economically backward and to include them in OBC.

Also asked the govt. to come up with Specific welfare schemes for them and a public awareness campaign.

Aadhar has the option to declare oneself as third gender.

There is pubic sanction over reservation but the larger question is how to assimilate them without the social fiction.

Also, care needs to be taken as we can have frivolous cases of such claims as the SC verdict also recognizes phycological transgenders.


For Uber Ola Controversy funda Click Me!

Inception and UPA II

Somewhere in the dark corners of the capital, a cabinet meeting was scheduled off the record with media totally unaware of Government's secret project.All the cabinet ministers were dressed up in black and their faces covered with their hoods, except that of the PM, because you know... The agenda was two-fold. How to deal with Anna and Mayawati ?

Suddenly the discomforting silence was broken by the PM.'I have an idea. On my recent tour to America, I met Nolan who taught me something about inception. We can use this rare skill to plant ideas in our rival's mind that would ultimately benefit us.'

KS : I have heard of that. But what if this idea is not actually yours and has been planted by them in your mind. And how do we know that this is not a dream.

PM : Even I had this doubt when I became the PM for the first time. But Madam told me there was a reason why I was chosen. Our kind, have different type of brain. Something much more complex and cannot be incepted by the opposition.

KS: Oh, Nice! What is the plan then?

PM : We will plant the idea that Lokpal can be too dangerous in Anna's brain and to break up Uttar Pradesh in Mayawati's brain!

All  cabinet minister(in chorus) : Singh is King !!
PM raises his hand in response to the applause.

KS: But I am not sure if Mayawati has a brain.

PM : I know. Odds are against us but we don't have a choice.Ok. PC, you deal with Anna and KS you go to Maya.
***************************************************************************
PC goes to Anna's fast venue where he is asleep. He enters his dream disguised as Swami Agnivesh.

AH : What do you seek SA?

SA: I seek a path to fight the corrupt.

AH : I offer you the path of ombudsman.

SA: He will not become a hero, you also know it deep down, don't you?

AH : Yes, but he's the hero India deserves, not the one it needs right now. So we'll flaunt him because he can take it. Because he's not our hero. He's a silent guardian, a watchful protector. A dark knight.

SA : We need a hero with a face and not some vigilante.

AH: What do you mean ?

SA : You are making him more than just a man. You are devoting him to an ideal. And if they can't stop you, it will become something else entirely. Lokpal, Mr. Hazare.

AH : Corruption is killing people SA, what would you have me do?

SA: Endure. Take it back. They will hate you for it. But you have already lived your life. You can take it. You can be an outcast.Only you can make this choice, the right choice.

******************************************************************************
KS goes to Mayawati's place. He tries to enter her dream as her party promoter but finds out soon that  dream levels are not possible and the only possibility is the limbo. He finds her there siting alone and contemplating of forming a party to fight election.

M : I think there are enough dalits like me who can ensure enough votes.

PP : Right, but they seem to be restricted to a certain part of the state. Only if others weren't in this state.

M : People need dramatic examples to shake them out of apathy and I can't do that as Mayawati, as a woman. I'm flesh and blood I can be ignored. I can be destroyed but as a symbol, as a symbol I can be incorruptible, I can be everlasting. I need a symbol.

PP: What kind of symbol?

M: Some thing really big and terrifying.

PP: We can use your face.

M: No. Not an identity, we need a symbol.... Elephant !

PP : But won't people pity more if we chose a symbol like ...I don't know... a pig.

M: It's not what we are beneath; but it's what we do that defines us.

PP: Inspiring. But we need to break the state, so that we isolate our vote banks.

M: Yes, someday , we will.

************************************************************************

In days to come, Anna takes back his fast and Mayawati decides to break the state four ways. The cabinet rejoices the success. PM only smiles though. He still is not convinced that all this is reality and he actually became a PM. He throws his totem on the table waiting for it to stop. But the totem shows no signs of stopping. He look at Madam. She smiles.

Animal Welfare Bill 2011: The WTF bill

Recently a new 'Animal Welfare Bill 2011' has been tabled in the Parliament. This will replace the old Prevention of cruelty to Animals Act 1960. Lets look at it's provisions.

(1) Freedom from thirst and hunger. Hmm, what about the million people starving in the country and hundreds of hunger deaths every year.

(2) Freedom from discomfort including access to shelter & place to rest. Well, why don't we first start with those people who are forced to live on the roads.Why don't we rehabilitate the slum people first?

(3) Freedom from pain, injury, sickness including prompt veterinary care. The country faces severe shortage of Primary health centers, medical professionals and services in rural areas and many die everyday due to absence of prompt ambulance services.You got to be kidding me with this.

(4) Freedom to express normal behavior of that species. So next time when you decide to throw a stone on a stray dog barking into the night and being a pain in your ass, think twice, that dog will be capable of suing you for this offense.

(5) Freedom from fear and distress and also provision for adequate space for natural movement and company of animals of their own kind. So while taking your dog on a walk, if your dog wants to indulge in some playful activities with the stray dogs, you have a right to remain silent, even if they indulge in public display of affection.

Well fun apart, the government needs to realize that nothing can be more important than the betterment of living standards for poor people. First ensure the fundamental rights of the people and an equitable society, then we will talk about animal rights. And for those who feel that dogs(read animals) should be treated humanely, i would say, lets first stop treating humans dogly.

Article 78, Personified

Article 78 of our constitution talks about the duties of the Prime Minister with respect to furnishing information to the President.In a way this is only article which talks about the relationship between two most important executives of our country.

Jawaharlal Nehru and Dr. Rajendra Prassad were the first to portray these two roles in Indian polity.And boy, they did set the standards pretty high so much so that no other pair has attained those levels of understanding and respect for each other. What helped was, they were very good friends and had known each other since long and cooperated in the national freedom struggle. Both maintained a cordial relationship between the two offices and maintained their sanctity.

Then was the era of the charismatic Prime Minister Indira Gandhi who undermined the office of the president.She even went to the extreme of making office of the President a mere rubber stamp by imposing on him the advice of Council of Ministers as binding by the 42th amendment act.Later though, the President was given some discretion. So in her tenure, there was hardly any coordination between the two offices. No retaliation came from the office of the President due to weak incumbents. The relationship worsened in the times of Rajiv Gandhi and Giani Zail Singh.They became almost anti to each other which was very destructive for the smooth functioning of the government.

When P.V.Narasimha Rao came into power, although there were no difference per se with the President but there were hardly any exchanges. He was such a deep thinker and silent personality that he would have taken the whole day to update the President on a single matter. And hence things didn't work out at such low pace. Although then came a time when we can say that the relationship somewhat revived in the times of Atal Bihari Vajpayee and Dr.A.P.J Abdul Kalam. They it seems used to communicate well and enjoyed working with each other.But the press ridiculed it by saying that it is just because of the fact that both are bachelors and have nothing to do at the end of the working day. Whatever may be the reason, the country did benefit under their leaderships for sure.

At present, we have a Prime Minister who has not spoken since he advocated the liberalization process in the 1990s. And to his misery we have a lady President. Imagine how difficult it is for Manmohan Singh to coordinate with the office of President. What is required today, is the presence of strong, statesman and visionary leaders in both of the offices who can rise above the petty politics and assert a dream to carry India ahead on their strong shoulders.

Judicial Activism: Rise of the Judiciary

Any system is said to be in equilibrium when it's sub systems are performing as expected by the conscience of the parent system. A state hence would be balanced if the organs- legislative, executive and the judiciary, perform as per the state's conscience. But somehow that has not been yet observed when we look into various states in general and Indian State in particular.

Just after independence, we witnessed an era of dominance of the legislative. The strong leadership of Jawaharlal Nehru as our Prime Minister(1947-64) and his statesmanship,his ability to hold all the parliamentarians by a strong bond and of course the visionary steering, all made the legislative omnipotent.Neither the executive not the judiciary ever questioned the methods of the legislative. Jawaharlal Nehru maintained the sanctity of the parliament and gave equal opportunities of all.

Then came the era of the executive.When Indira Gandhi became the Prime Minister(1966-75), she dominated the functioning of the parliament and thus the executive gained superiority over the legislative.The dormant secretariat of the Prime Minister i.e the PMO, gained importance. Under the control of P.N.Haksar, the PMO started issuing writs to the ministries and departments. Something which was new for Indian polity.

Post 1977, the era of one-party dominance came crashing down and Congress went out of power for the first time since independence. Coalition politics was slowly on the rise which was bound to make the legislative weak. And in the absence of strong leaders like Nehru, the executive too was bound to collapse. This was the time when the judiciary started attaining power. It fought many battles to widen it's ambit and even though the legislative tried to contain it, but that was all in vain.

Then came a paradigm shift with the concept of PIL(Public Interest Litigation). Article 32 of Indian constitution enables us to directly move to Supreme court in case of violation of any Fundamental Right. But then majority of Indian population had no idea about these provisions and this holds true even today. So the judiciary provided that now anyone can approach the courts on behalf of the victims.This was called public interest litigation.And this was the beginning of judicial activism which resulted from malfunctioning of the legislative and the executive. Also, the courts started taking suo moto cognizance of ill practices and wrong doings and issuing orders to rectify them. The overtake of the work of the executive, is something beyond the purview of legitimate judicial activism and is considered as judicial over-reach.

Judicial activism is a welcome phenomenon only in the short run.If it is carried out for long, it may destroy the concept of separation of power and can destroy the checks that provide the balance among the three organs.Hence the judiciary must employ self-restrain and evolve a code of ethics for judges while indulging in judicial activism and shall only use it as a last resort.