Essential Sections of the Customs Act 1962

DISCLAIMER: This exercise is entirely for academic purpose. I have selected sections and subsections which are quintessential from the exam point of view. Purpose is to revise the sections of the act.

SECTION 2. Definitions. – In this Act, unless the context otherwise requires. (1) “adjudicating authority” means any authority competent to pass any order or decision under this Act, but does not include the Board, Commissioner (Appeals) or Appellate Tribunal; 

(1B) “Appellate Tribunal” means the Customs, Excise and Service Tax Appellate Tribunal constituted under section 129; 

(2) “assessment” includes provisional assessment, self-assessment, re-assessment and any order of assessment in which the duty assessed is nil; 

(3) “baggage” includes unaccompanied baggage but does not include motor vehicles; 

(7) “coastal goods” means goods, other than imported goods, transported in a vessel from one port in India to another; 

(14) “dutiable goods” means any goods which are chargeable to duty and on which duty has not been paid; 

(18) “export”, with its grammatical variations and cognate expressions, means taking out of India to a place outside India; 

(23) “import”, with its grammatical variations and cognate expressions, means bringing into India from a place outside India; 

(28) “Indian customs waters” means the waters extending into the sea up to the limit of contiguous zone of India under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976) and includes any bay, gulf, harbour, creek or tidal river; 

(34) “proper officer”, in relation to any functions to be performed under this Act, means the officer of customs who is assigned those functions by the Board or the Commissioner of Customs; 

(39) “smuggling”, in relation to any goods, means any act or omission which will render such goods liable to confiscation under section 111 or section 113; 

(40) “tariff value”, in relation to any goods, means the tariff value fixed in respect thereof under sub-section (2) of section 14; 

(41) “value”, in relation to any goods, means the value thereof determined in accordance with the provisions of subsection (1) or sub-section (2) of Section 14.


SECTION 7. Appointment of customs ports, airports, etc. - (1) The Board may, by notification in the Official Gazette, appoint - 
(a) the ports and airports which alone shall be customs ports or customs airports for the unloading of imported goods and the loading of export goods or any class of such goods; 
(aa) the places which alone shall be inland container depots for the unloading of imported goods and the loading of export goods or any class of such goods; (b) the places which alone shall be land customs stations for the clearance of goods imported or to be exported by land or inland water or any class of such goods; (c) the routes by which alone goods or any class of goods specified in the notification may pass by land or inland water into or out of India, or to or from any land customs station from or to any land frontier; 
(d) the ports which alone shall be coastal ports for the carrying on of trade in coastal goods or any class of such goods with all or any specified ports in India. 

(2) Every notification issued under this section and in force immediately before the commencement of the Finance Act, 2003 shall, on such commencement, be deemed to have been issued under the provisions of this section as amended by section 105 of the Finance Act, 2003 and shall continue to have the same force and effect after such commencement until it is amended, rescinded or superseded under the provisions of this section. 

SECTION 8. Power to approve landing places and specify limits of customs area. – The Commissioner of Customs may, — (a) approve proper places in any customs port or customs airport or coastal port for the unloading and loading of goods or for any class of goods; (b) specify the limits of any customs area. 

SECTION 9. Power to declare places to be warehousing stations. – The Board may, by notification in the Official Gazette, declare places to be warehousing stations at which alone public warehouses may be appointed and private warehouses may be licensed. 

SECTION 11. Power to prohibit importation or exportation of goods.

SECTION 12. Dutiable goods. – 
(1) Except as otherwise provided in this Act, or any other law for the time being in force, duties of customs shall be levied at such rates as may be specified under the Customs Tariff Act, 1975 (51 of 1975)], or any other law for the time being in force, on goods imported into, or exported from, India. 
(2) The provisions of sub-section (1) shall apply in respect of all goods belonging to Government as they apply in respect of goods not belonging to Government. 

SECTION 13. Duty on pilfered goods. – If any imported goods are pilfered after the unloading thereof and before the proper officer has made an order for clearance for home consumption or deposit in a warehouse, the importer shall not be liable to pay the duty leviable on such goods except where such goods are restored to the importer after pilferage. 

SECTION 14. Valuation of goods. 

SECTION 17. Assessment of duty. –

(1) An importer entering any imported goods under section 46, or an exporter entering any export goods under section 50, shall, save as otherwise provided in section 85, selfassess the duty, if any, leviable on such goods. 

(4) Where it is found on verification, examination or testing of the goods or otherwise that the self- assessment is not done correctly, the proper officer may, without prejudice to any other action which may be taken under this Act, re-assess the duty leviable on such goods. 

(5) Where any re-assessment done under sub-section (4) is contrary to the self-assessment 25 done by the importer or exporter regarding valuation of goods, classification, exemption or concessions of duty availed consequent to any notification issued therefor under this Act and in cases other than those where the importer or exporter, as the case may be, confirms his acceptance of the said re- assessment in writing, the proper officer shall pass a speaking order on the re-assessment, within fifteen days from the date of re-assessment of the bill of entry or the shipping bill, as the case may be. 

SECTION 18. Provisional assessment of duty- 
In certain cases, the proper officer may direct that the duty leviable on such goods be assessed provisionally if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any, between the duty as may be finally assessed and the duty provisionally assessed.”;

SECTION 19. Determination of duty where goods consist of articles liable to different rates of duty. 

SECTION 20. Re-importation of goods— If goods are imported into India after exportation therefrom, such goods shall be liable to duty and be subject to all the conditions and restrictions, if any, to which goods of the like kind and value are liable or subject, on the importation thereof. 

SECTION 22. Abatement of duty on damaged or deteriorated goods. 

SECTION 23. Remission of duty on lost, destroyed or abandoned goods. 

SECTION 25. Power to grant exemption from duty. – 
(1) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally either absolutely or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notification goods of any specified description from the whole or any part of duty of customs leviable thereon. [General Notification]

(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by special order in each case, exempt from the payment of duty, under circumstances of an exceptional nature to be stated in such order, any goods on which duty is leviable. [Ad Hoc Notification]

SECTION 28F. Authority for advance rulings. - 
(1) The Central Government shall, by notification in the Official Gazette, constitute an Authority for giving advance rulings, to be called as “the Authority for Advance Rulings (Central Excise, Customs & Service Tax)”.

(2) The Authority shall consist of the following Members appointed by the Central Government, namely:- 
(a) a Chairperson, who is a retired Judge of the Supreme Court; 
(b) an officer of the Indian Customs and Central Excise Service who is qualified to be a Member of the Board; 
(c) an officer of the Indian Legal Service who is, or is qualified to be, an Additional Secretary to the Government of India. 

SECTION 37. Power to board conveyances. – The proper officer may, at any time, board any conveyance carrying imported goods or export goods and may remain on such conveyance for such period as he considers necessary. 

SECTION 46. Entry of goods on importation. – (1) The importer of any goods, other than goods intended for transit or transhipment, shall make entry thereof by presenting electronically to the proper officer a bill of entry for home consumption or warehousing in the prescribed form : [Bill of Entry]

SECTION 50. Entry of goods for exportation. – (1) The exporter of any goods shall make entry thereof by presenting electronically to the proper officer in the case of goods to be exported in a vessel or aircraft, a shipping bill, and in the case of goods to be exported by land, a bill of export in the prescribed form. [Shipping Bill or Bill of Export]

SECTION 53. Transit of certain goods without payment of duty. - Subject to the provisions of section 11, any goods imported in a conveyance and mentioned in the import manifest or the import report, as the case may be, as for transit in the same conveyance to any place outside India or any customs station may be allowed to be so transited without payment of duty. 

SECTION 54. Transhipment of certain goods without payment of duty. - (1) Where any goods imported into a customs station are intended for transhipment, a bill of transhipment shall be presented to the proper officer in the prescribed form. 

SECTION 57. Appointing of public warehouses. – At any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may appoint public warehouses wherein dutiable goods may be deposited. 

SECTION 58. Licensing of private warehouses. – (1) At any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may license private warehouses wherein dutiable goods imported by or on behalf of the licensee, or any other imported goods in respect of which facilities for deposit in a public warehouse are not available, may be deposited. 

SECTION 64. Owner’s right to deal with warehoused goods. – With the sanction of the proper officer and on payment of the prescribed fees, the owner of any goods may either before or after warehousing the same - 
(a) inspect the goods; 
(b) separate damaged or deteriorated goods from the rest; 
(c) sort the goods or change their containers for the purpose of preservation, sale, export or disposal of the goods; 
(d) deal with the goods and their containers in such manner as may be necessary to prevent loss or deterioration or damage to the goods; 
(e) show the goods for sale; or
 (f) take samples of goods without entry for home consumption, and if the proper officer so permits, without payment of duty on such samples. 

SECTION 65. Manufacture and other operations in relation to goods in a warehouse. – (1) With the sanction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs and subject to such conditions and on payment of such fees as may be prescribed, the owner of any warehoused goods may carry on any manufacturing process or other operations in the warehouse in relation to such goods. 

SECTION 70. Allowance in case of volatile goods. – (1) When any warehoused goods to which this section applies are at the time of delivery from a warehouse found to be deficient in quantity on account of natural loss, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may remit the duty on such deficiency. 

SECTION 74. Drawback allowable on re-export of duty-paid goods. –Ninety-eight per cent of such duty shall, except as otherwise hereinafter provided, be re-paid as drawback, if - 
(a) the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported; and 
(b) the goods are entered for export within two years from the date of payment of duty on the importation thereof : Provided that in any particular case the aforesaid period of two years may, on sufficient cause being shown, be extended by the Board by such further period as it may deem fit. 

SECTION 75. Drawback on imported materials used in the manufacture of goods which are exported. – 

SECTION 75A. Interest on drawback. — (1) Where any drawback payable to a claimant under section 74 or section 75 is not paid within a period of one month from the date of filing a claim for payment of such drawback, there shall be paid to that claimant in addition to the amount of drawback, interest at the rate fixed under section 27A from the date after the expiry of the said period of one month till the date of payment of such drawback :

SECTION 80. Temporary detention of baggage. – Where the baggage of a passenger contains any article which is dutiable or the import of which is prohibited and in respect of which a true declaration has been made under section 77, the proper officer may, at the request of the passenger, detain such article for the purpose of being returned to him on his leaving India and if for any reason, the passenger is not able to collect the article at the time of his leaving India, the article may be returned to him through any other passenger authorised by him and leaving India or as cargo consigned in his name.

SECTION 100. Power to search suspected persons entering or leaving India, etc. 

SECTION 101. Power to search suspected persons in certain other cases. – (1) Without prejudice to the provisions of section 100, if an officer of customs empowered in this behalf by general or special order of the Commissioner of Customs, has reason to believe that any person has secreted about his person any goods of the description specified in sub-section (2) which are liable to confiscation, or documents relating thereto, he may search that person. (2) The goods referred to in sub-section (1) are the following : – (a) gold; (b) diamonds; (c) manufactures of gold or diamonds; (d) watches; (e) any other class of goods which the Central Government may, by notification in the Official Gazette, specify. 

SECTION 104. Power to arrest. – (1) If an officer of customs empowered in this behalf by general or special order of the Commissioner of Customs has reason to believe that any person in India or within the Indian customs waters has committed an offence punishable under section 132 or section 133 or section 135 or section 135A or section 136, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. 

SECTION 105. Power to search premises.

SECTION 106. Power to stop and search conveyances. 

SECTION 108. Power to summon persons to give evidence and produce documents.

SECTION 110. Seizure of goods, documents and things. 

SECTION 111. Confiscation of improperly imported goods, etc. 

SECTION 115. Confiscation of conveyances. 

SECTION 122. Adjudication of confiscations and penalties. – In every case under this Chapter in which anything is liable to confiscation or any person is liable to a penalty, such confiscation or penalty may be adjudged, - 

(a) without limit, by a Commissioner of Customs or a Joint Commissioner of Customs; 
(b) where the value of the goods liable to confiscation does not exceed two lakh rupees, by an Assistant Commissioner of Customs or Deputy Commissioner of Customs; 
(c) where the value of the goods liable to confiscation does not exceed, ten thousand rupees, by a Gazetted Officer of Customs lower in rank than an Assistant Commissioner of Customs or Deputy Commissioner of Customs. 


SECTION 124. Issue of show cause notice before confiscation of goods, etc. – No order confiscating any goods or imposing any penalty on any person shall be made under this Chapter unless the owner of the goods or such person - (a) is given a notice in writing with the prior approval of the officer of Customs not below the rank of an Assistant Commissioner of Customs, informing him of the grounds on which it is proposed to confiscate the goods or to impose a penalty; (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation or imposition of penalty mentioned therein; and (c) is given a reasonable opportunity of being heard in the matter : Provided that the notice referred to in clause (a) and the representation referred to in clause (b) may, at the request of the person concerned be oral. 


CHAPTER XIV A SETTLEMENT OF CASES SECTION 127A. Definitions.— In this Chapter, unless the context otherwise requires, 
(a) “Bench” means a Bench of the Settlement Commission; 
(c) “Chairman” means the Chairman of the Settlement Commission; 
(d) “Commissioner (Investigation)” means an officer of the customs or a Central Excise Officer appointed as such Commissioner to conduct inquiry or investigation for the purposes of this Chapter; 
(e) “Member” means a Member of the Settlement Commission and includes the Chairman and the Vice-Chairman; 
(f) “Settlement Commission” means the Customs and Central Excise Settlement Commission constituted under section 32 of the Central Excise Act, 1944 (1 of 1944); and 
(g) “Vice-Chairman” means a Vice-Chairman of the Settlement Commission. 

SECTION 127C. Procedure on receipt of an application under Section 127B. - (1) On receipt of an application under section 127B, the Settlement Commission shall, within seven days from the date of receipt of the application, issue a notice to the applicant to explain in writing as to why the application made by him should be allowed to be proceeded with and after taking into consideration the explanation provided by the applicant, the Settlement Commission, shall, within a period of fourteen days from the date of the notice, by an order, allow the application to be proceeded with or reject the application, as the case may be, and the proceedings before the Settlement Commission shall abate on the date of rejection :

SECTION 128. Appeals to Commissioner (Appeals). 

SECTION 129. Appellate Tribunal.

SECTION 129E. Deposit, pending appeal, of duty and interest demanded or penalty levied. 

SECTION 130. Appeal to High Court.

SECTION 130E. Appeal to Supreme Court.

SECTION 132. False declarations, false documents etc.

SECTION 133. Obstruction of officers of Customs.

SECTION 134. Refusal to be X-Rayed.

SECTION 135. Evasion of duties or prohibitions.

SECTION 147. Liability of principal and agent. – 
(1) Where this Act requires anything to be done by the owner, importer or exporter of any goods, it may be done on his behalf by his agent. 
(2) Any such thing done by an agent of the owner, importer or exporter of any goods shall, unless the contrary is proved, be deemed to have been done with the knowledge and consent of such owner, importer or exporter, so that in any proceedings under this Act, the owner, importer or exporter of the goods shall also be liable as if the thing had been done by himself. 
(3) When any person is expressly or impliedly authorised by the owner, importer or exporter of any goods to be his agent in respect of such goods for all or any of the purposes of this Act, such person shall, without prejudice to the liability of the owner, importer or exporter, be deemed to be the owner, importer or exporter of such goods for such purposes : Provided that where any duty is not levied or is short-levied or erroneously refunded on account of any reason other than any willful act, negligence or default of the agent, such duty shall not be recovered from the agent unless in the opinion of Assistant Commissioner of Customs or Deputy Commissioner of Customs the same cannot be recovered from the owner, importer or exporter. 

SECTION 154A. Rounding off of duty, etc. — The amount of duty, interest, penalty, fine or any other sum payable, and the amount of refund, drawback or any other sum due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. 


SECTION 155. Protection of action taken under the Act. – 

(1) No suit, prosecution or other legal proceedings shall lie against the Central Government or any officer of the Government or a local authority for anything which is done, or intended to be done in good faith, in pursuance of this Act or the rules or regulations. 

(2) No proceeding other than a suit shall be commenced against the Central Government or any officer of the Government or a local authority for anything purporting to be done in pursuance of this Act without giving the Central Government or such officer a month’s previous notice in writing of the intended proceeding and of the cause thereof, or after the expiration of three months from the accrual of such cause. 

SECTION 156. General power to make rules. – (1) Without prejudice to any power to make rules contained elsewhere in this Act, the Central Government may make rules consistent with this Act generally to carry out the purposes of this Act.

SECTION 157. General power to make regulations. – (1) Without prejudice to any power to make regulations contained elsewhere in this Act, the Board may make regulations consistent with this Act and the rules, generally to carry out the purposes of this Act. 

UPSC 2014 interview Transcript

Board Shri D.K. Diwan.
Date & Day: 22/05/2015 (Friday)
Session: Afternoon
Marks Obtained: 187/275

I was poised to enter the chamber of secrets at the very last. Damn, I thought. All of them would be in a hurry to call it a day. And the Dholpur house would more or like turn into a TGIF! But fortunately nothing of that sort came true! This time i had resolved not to be nervous as that is what screwed my last travel to Dholpur House.. But you know what, some things are just meant to be. I was nervous. Heart beats now giving sounds as if connected to a BOSE system. Can't help it, may be it is the stakes which are attached. Anyways, show time.

Chairman (C): Your Roll No?
Me: ****** (That's the roll no and not any expletive in case you are wondering!)

C: How do you spell your name? (He tries only in vain!)
Me: Sir, It is pronounced as "SWA-P-NIL TEM-BE".

C: What is the meaning of both these words?
Me: Sir, "Swapnil" means someone you see in your dreams. My mother told me that she was having these recurring dreams where she could see this face, my face, even before I was born.  And "Tembe" literally refers to this Brazilian tribe settled across the banks of amazon but I am sure there is no connection to that. (Everyone Laughs)

C: You have been involved with a lot of training phases in your life? Trained at Deloitte Consulting, then in the paramilitary and then currently you are being trained in IRS customs and centre excise? Don't you think you are losing out in terms of promotional avenues with respect to batchmates?
A. Sir, Training is phase which offers you myriad great opportunities to learn and discover many things. It is a tool to acquire that administrative acumen required to be efficient at the roles later assigned to you. I feel i have been very fortunate to get these amazing opportunities to train at Deloitte Consulting, the Indo-Tibetan Border Police Force and then at Indian Revenue Service (Customs and Central Excise). All have been very versatile roles which eventually helps to understand the generalist perspective of administration in a better way. I only see them as great learning opportunities.

C:Are you sure? Would not you feel bad when your younger counterparts would rise to higher ranks?
Me: No Sir, I perhaps have never seen them only as opportunities of hierarchical rise.I do not regret my decisions at all and all of these avenues have helped me a lot to understand public administration better. And I feel this would be of great help at the higher administrative positions.

C: At this age, of course you will see it as learning. Give it time.You are too young to understand this, you will eventually, when you come of my age! (laughs)

I attempted to smile.

C: You still don't believe me, don't you? (Laughs) ( meanwhile I am wondering what's up with him today?!) Okay, you have 3 minutes to describe to me all about China! The present, the future in 15 years and the current problems that China is facing today. You can take 30 seconds to jot down.
Me: (After taking those 30 seconds to scribble a few points down) China is the most populous country today with around 20% share in world population. It has just surpassed USA as the largest economy in the world. The growth that China has encountered has been essentially export led which was well supported by the Manufacturing revolution that they had. Their defence expenditure is among the largest in the world possibly to the tune of $200 billion dollars or more.

Talking of issues, they are involved in some conflicts of claim over islands of Hynan, Paracal etc in the South China Sea. Another issue of this region is the oil exploration rights and increasing competition. Talking of internal problems, some islamists radical in Xhinjian are creating problems plus the people's revolution in Hong Kong for more autonomy are some internal challenges.

In fifteen years, China would probably still be the largest economy. It would further strengthen its position it position in the financial sphere with the coming up of AIIB and BRICS bank. Recently it has diluted the strong One-Child norm that they had showing that they have room for some kind of flexibility rather than a absolute totalitarian approach. China is looking for new markets and in future it would have a great share in the world trade and also in other geo-political organizations.

C What was that revolution in Hong kong called as?
Me: Sir, it was called as Umbrella Revolution.

C Name some other such colour revolutions in the world?
Me: Sir, Orange revolution in Kiev, jasmine revolution in Tunisia. Rose revolution in...(Cuts me off and points to the first Member)

M1: Okay so you are from IRS customs? What all is being taught in the Customs module?
Me: We were initially given an overview of the Customs Act 1962 and then we had detailed classes and practical exposure over various sections and domains. We also had a law module and a foreign trade module. Apart from this we were sent on attachment to airport to have a practical exposure.

M1: So, you might be knowing more than other people about the GST? Tell me the need and the salient feature so GST?
Me: Gave a detailed answer covering the present scenario, the need and the proposed structure, the division of roles, the new categorization of taxes, the new authorities etc.. You can find all the points HERE!

M1: What are the fundamental differences when it comes to the input credit of the various taxes in GST?
Me: Sir, when it comes to the input credit, as per the provisions, one can only use the CGST credit in CGST and SGST credit in SGST. No interchanging is permissible for administrative convenience of the whole system.

M1: What are the various grievances of the states?
Me: Sir, as it is a consumption based tax, the producing states stand to lose a lot of revenue. And the consuming states will gain on this front. Plus, if things like Petroleum and alcohol also comes under GST then the States would lose to have a direct say in the tax rates.  Another worry is the abolition of CST.

M1: What are the things that states want out of GST and why?
Me: Sir, in light of the grievance just stated, things like Petroleum and alcohol have been kept out as demanded by the states.

M2: In your college, you have won accolades for direction? Which plays did you work on?
Me: Sir, majorly the dramatics team there wrote their own plays there. But we did enact some classics like Ghasiram Kotwal, Charandas Chor etc.

M2: Which play was your favorite one?
Me: Sir, we once did a play which was written by one of my seniors. It was titled " The last man". It was a satire on the greed of humanity that how it is gradually depleting the planet and how the human race would end because of this greed and ignorance of the environment. That carried a great message to the society and hence was my favorite one.

M2: There is this academy award wining movie that came in the 80s on this famous personality from India...can you guess?
Me: Sir, the movie was "Gandhi".

M2: Who played Gandhi in that movie?
Me: Ummmmmmm...Sorry Sir( I still cannot believe that I could not recollect this one.. :( )

M2: How many people got Oscars from India?
Me: Sir, A.R.Rehman  for Best Original score in Slumdog Millionaire.

M2: Just him? There are more....
Me: Sorry Sir, I am not aware. ( Meanwhile thinking that Satyajit Ray got some honorary thing there but was not sure at all)

M3: What is dumping? Can you lucidly define?
Me. Sir, when a country sells a commodity in a foreign market with a price lower that its price in the local market of the selling country, this is referred to as dumping.

M3: Now tell me what is the necessary condition for it or what is the sufficient condition for it?
Me: Sir, as mentioned selling at a lower price is the necessary condition and only that is not enough. It should bring distortion in the local market as well. Badly impacting the domestic producers of the importing nation- that would be the sufficient condition.

M3: Describe some other similar taxes.
Me: Gave a description of CVD, SAD, Safe Gaurding Duty again covered HERE!

M3: Why do you think it is compulsory to buy motor insurance for your vehicle? And is it fair to have the same rates irrespective of the usage? ( Where the hell did this come from?)
Me: Sir, In a country like India with such a population and the bad condition of roads, the number of deaths from road accidents is very high. Right now hence the first priority is to get more and more compliance to this directive to increase the base. In terms of audit I would like to say that this would not be the right time to go into propriety audit, perhaps a legal audit to start with would be more futile. (He seemed okay with it!)

M3: What is the science of Insurance sector called as ?
Me: Sorry Sir, I am not able to recall.


M4: Now, I happened to visit Kharagpur recently where I overheard the students talking to each other about the retrograde style of teaching which is there? Is that true?
Me: No Sir, this is an entirely cocky statement and no where close to reality. The four years that I spent in Kharagpur were truly enlightening and inspiring and the sole reason was the brilliant and erudite faculty we have there. The professors and other teaching staff are totally dedicated to the cause and have an amazing determination towards their research work. There are other problems like infrastructural issues and lack of funding in R&D, but no one can question of the quality of faculty there.

M4: Okay then what are the challenges there?
Me: Sir, for example, the laboratories are not promptly updated with the new equipments and hence the  research work sufferes. The incentives for R&D are very less, so people opt for MNC jobs.etc etc.

M4: Is the increase in number of IITs bad for the brand?
Me: Sir, what I personally feel is that number has to go up given the yound population we have today in India. A couple of IITs cannot cater to this huge demand. But here we need to upgrade the R&D infra of all the present and upcoming IITs. Without that, in the coming future, the brand may suffer.

M4 What is MOOC?
Me: Sorry Sir, I am not aware.

M4. Is has to do with open source learning!!! there something similar going on in India?
Me: Yes Sir, It is Open Online Course. In India, we have NPTL where Kharagpur has contributed a lot for lectures on Mechanical Engineering. ( Everyone smiles on the alma mater patriotism)

M4: What is ISIS and why is it able to influence so many youngsters?
Me: Explained the origins and the expansion. Created a Comparative Construct of Naxalsim to explain the origin of ISIS and the war agiaist the state. ISIS's use of social media platform to connect to psychophants and anti-state elements. Brainwashing and all that jazz.

C (Season Two begins) : Answer in brief now, tell me what the various boundary disputes of India?
Me: With Pak, Sir Creek Dispute, LOC issues, Siachen conflict.
        With China: Aksai chin, LAC issues, Arunachal border.
         With Bangladesh: The issue of enclaves of enclaves

C: What advantage China had in 1962 war over us?
Me: Sir, they had the advantage of terrain, Tibetan plateau provided for easy mobility and better functional coordination between various stakeholders at the border.  

C: What is LAC? Is there any other similar term which is used?
Me: Sir LAC with China  is more like a zone and not demarcated by the military properly unlike the other term LOC with Pakistan

C: Okay, your interview is over!

P.S. There were some very specific questions on ITBP which might be irrelevant to most. Hence ommitted.

[UPSC Interview Prep feed Vol.24] Euthanasia Debate in India

Topic Discussed - EUTHANASIA DEBATE IN INDIA

Some basics..

• Euthanasia is the act of allowing or permitting a person to end his life.
• Active euthanasia involves the administration some chemical or other methods to end the life of a terminally ill patient.
• Passive Euthanasia refers to removing the life support which has been keeping that patient alive in the first place.
• Ergo, the former is about "doing something" and the later is about "not doing something".
• There is another classification of Voluntary Euthanasia and Non-voluntary Euthanasia which is self explanatory. 
• USA does not allow active euthanasia but some some states like Oregon, Montana have legalized physician assisted dying.
• Belgium and Netherlands have provisions for active euthanasia as well.
• In India, the SC has allowed Passive euthanasia in the Aruna Shanbaug case.

Suicide law and the Right to Die

• It is very difficult to distinguish between the morality of suicide and right to die or the whole euthanasia debate. But in case of the later, we are dealing with a terminally ill patient who has exhausted all ways of medical recuperation.
• An attempt to suicide is a criminal offence in India as per the section 309 of the IPC, punishable with imprisonment upto to one year and a fine as well.
• But this sec 309 is a important tool when it comes to hunger strikes and self-immolation threats.
• Those who abet suicide can be imprisoned for up to 10 years under the Sec 306 of the IPC. For a long time, this was the only safeguard against the abetment of 'sati'.

The Aruna Shanbaug Case.

• Aruna Shanbaug was a nurse at KEM hospital, Mumbai. She was sodomised by a hospital sweeper, chained and left to suffer. 
• Lack of oxygen reaching her brain for long time resulted in a vegetative state for the rest of 42 year of her life.
• In 2009, a journalist on her behalf made a plea to the SC to allow her to exercise her Right to die.
• The SC refused to give her this right as the applicant could not be taken as the "next friend" of the Aruna. SC said only when the KEM hospital asks, it can allow.
• The KEM hospital gave reports that some evidence shows that she is not entirely brain dead and hence the hospital was against mercy killing in this case.
• But meanwhile SC allowed the concept of Passive Euthanasia and laid guidelines for the future so that pleas can be heard on a case by case basis.

SC guidelines from the ARUNA SHANBAUG case

• On filing of any such 'non-voluntary' euthanasia application, the Chief Justice of the HC should constitute a bench of at least 2 judges to decide on the acceptance of the application. 
• They tehn should ask the opinion of a committee of three doctors. Preferably a neaurologist, psychiatrist and a physician.
• The court must send copies of the report to the relative or the "next friend" as soon as they are available.
• The HC should give it's decision at the earliest giving due weight to the opinion on relative and the committee of doctors.

But what about these facts?

• Jan Grzebski who regained consciousness after a 19-year coma caused by brain tumour.
• Terry Wallis who met with a car accident and regained consciousness after two decades.
• Dan Cassil who revived from a deep coma on hearing his favourite TV show Seinfield.

Final Analysis

• In a society so versatile, volatile and dynamic such as India, the advent of Right to die or Active Euthanasia is bound to be misused. And hence a case by case permission for Passive Euthanasia is the best way as of now at least.
• A liberal society embracing "Right to die" can have dangerous repurcussions. One of the greatest things that has kept this species going is "hope" and surely we would be diluting it's impact.
• "If a person is an a vegitative state, what use is he?" This is a very utilitarian view. Something which makes us less "human" i guess.
• On this note, it must be also mentioned that Sec 309 which criminalizes the attempt to suicide is also a blot on the whole reformative idea of our criminal justice system. Several law commissions have recommended its abolition.
• So lastly, unless the Parliament legislates on this issue, case by case consideration of only non-voluntary passive euthanasia application can be taken up by the courts.

[UPSC Interview prep feed Vol.23] Beef Ban

Topic: BEEF BAN

Why the sudden rise to lime light?

• So, recently the new govt. in Maharashtra has enacted a law (Maharashtra Animal Preservation Act) banning the slaughter of bulls and bullocks in the State. It got the Presidential assent.
• Couple of other states also contemplating similar laws on this line.

Let's get a historical perspective!

• Article 48 of Constitutions says that -Organisation of agriculture and animal husbandry The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
• In 1976, Maharashtra enacted a law to ban the slaughter of cows in the State.
• In 1995, law was framed to ban the slaughter of bulls and bullocks on similar lines but it never got the Presidential assent. But then post the change in the govt. subsequently, the demand was never raised again.

Some Biology Basics

• What is Bull? An uncastrated male bovine animal.
• What is Bullock? A male domestic bovine animal that has been castrated and is raised for beef.
• What is Red Meat? Meat which is red when raw. For e.g. beef or lamb.
• Why is red meat bad? Hardens blood vessels, over use of meat glue in case of beef, threat of E.Coli, full of harmful hormones etc.

Provisions of the Act

• Act bans the slaughter of bulls and bullocks in the State.
• Act bans the import of beef from outside and makes it a criminal offence to possess such meat. In such cases the punishment can be upto 1 year.
• For slaughter cases, the FINE can be upto 10,000 INR and imprisonment upto 5 years.
• Act allows slaughter of water buffaloes which provide the carabeef. The quality is inferior and it comprises of 25% of the total share of the beef market.

Other side of the Beef Ban

• Beef trade largely controlled by the Muslims of Qureshi Caste in MH. It would render them jobless. So concrete steps as of now to rehabilitate them.
• It would lead to spiralling rise of prices of other meat products in the market.
• Beef is often seen as "Poor Man's Meat" as it cost approximately one-third of the price of mutton. How will they get that nutrition?
• Who will care for the old and infirm animals now?
• The farmers will also be at loss as they will not be able to sell the aged bulls and bullocks.
• Why ban even the import? Five States including UP, Punjab and Haryana permit the import of beef inspite the ban on slaughter.
• As per some reports, in the State there is already 61% fodder shortage. It might become worse with this ban as there will be more animals to feed.

Other First world problems!

• Restaurants would lose a lot of International tourists.
• They say that beef and beer (alcohol) go along really well!
• The Butchers are seeking permission to kill Jersey cows now as they are not at all related to the sentiments of sacredness.

Book List for UPSC Civil Services

Hi all,

Here is an attempt to consolidate a litany of books for CIvil Service preparation. Now this in entirely a personal viewpoint and not a marketting strategy or propaganda to promote certain specific books.

Before you go into specific books, I would recommend you the cliched point of reading some SCHOOL TEXTBOOKS

• All NCERTs for Class 6 to 10
• History, Economics, Sociology, Political Science and Public Administration NCERTs for Class 11 and 12.
• NIOS study material for Art and Culture.

POLITY

• Indian Polity by M. Laxmikant 
• Indian Constitution by Subhash Kashyap.
• Indian Parliament by Subhash Kashyap
• M.V.Pylee

HISTORY

• India's Struggle to Independence by Bipan Chandra
• India after independence.
• India after Gandhi
• Spectrum's Modern History.

GEOGRAPHY

• NCERTs are enough as books
• Detailed study of any good ATLAS.

ECONOMICS

• Dutt and Sundaram
• Indian Economy by Ramesh Singh
• Indian Economic Development (NCERT)

ART & CULTURE

• NCERT on Indian Art.
• Arihant's illustrative book on Indian Art and Culture.
• Spectrum's Indian Art and Culture.

ENVIRONMENT AND ECOLOGY.

• Majid Hussain.

CURRENT AFFAIRS

• Two newspapers. Suggested ones- The Hindu and The Indian Express
• Either one of these magazines: Yojna or Kurushetra
• Various Committee reports on PIB.
• The Recent Budget in detail.
• The Recent Economic Survey.
• Year Book for revision (Selective Readings)

Note: For other remaining topics of Science and Technology and Environment, one may either consult the GS Manual or any standard material from the coaching institutions.