Day: August 5, 2020

Science and Superstitions

In this scientific era of many discoveries and inventions, science making the impossible possible with the blink of an eye, there’s no place for superstition. Science and superstitions are poles apart. Yet they are the two sides of the same coin unknown of their interdependence.

Superstitions are self-imposed selfish beliefs, something imaginary yet unimaginable disbelief, or mere beliefs. But science – the most well-known and popular word of this era. Science as is believed to be something realistic which even makes the unreal real; the unachievable achievable.

Science in itself is a sweet beginning and sometimes a bitter ending whereas superstitions have neither beginning nor end; it is complete in itself.

But still, these two unrealistic and realistic, unimaginable and imaginable, never-ending and ever ending concepts are interconnected somewhere beyond the universe by some unpredictable threads of God.  Science completes superstitions in the same way as reasons complete assumptions. Reasons sometimes fail to explain rendering the assumptions to be almost dark and blank. And sometimes baseless reasons succeed in explaining a taboo.

Let’s have a quick look at the following examples:-

1. Eat curd and sugar before heading out                                                   Eating curd and sugar before stepping out for something new and important is considered to be good luck as the consumption of curd has a cooling effect on the stomach and sugar which is added provides instant glucose which makes your work easier and successful. This combination is indispensable for Indians and its consumption was slowly linked to good luck.

2. Don’t wash or cut hairs on certain days                                 Washing or cutting hairs on certain days like on Tuesdays or Thursdays are considered to be bad luck but there’s no truth in this as it was one of the water management practices. And moreover, during those days, barbers got a holiday on those days. So, just to give them a holiday people don’t cut hairs on those days.

3. Swallow tulsi leaves never chew
Tulsi leaves shouldn’t be chewed, it needs to be swallowed. The science behind his is that the tulsi leaves contain a little amount of arsenic. Thus, chewing it directly could result in degradation of enamel.

4. Bathe after attending a funeral ceremony                                               Earlier bathing was necessary after attending a funeral ceremony but today it’s not like earlier as our ancestors didn’t have vaccinations against smallpox, hepatitis and other deadly diseases. So they came up with this ritual of bathing so as to prevent themselves from infection from the dead body.

5. Menstruating women are considered impure and unclean:           In a country like India, it is very prevalent and this gave rise to many other superstitious beliefs. At that time women were not allowed inside the kitchen, temples, mosques, and other religious spots. They are not allowed to perform any household duties. The reason is that at that point of time women are comparatively weak because of a lot of blood loss. So, they are given complete rest. Moreover, ancient stone statues of God maintain a certain equilibrium with the atmosphere and may collapse if any disturbance occurs. As women release a lot of heat during this period, they are not allowed inside the temple since this may cause a disturbance in the natural equilibrium and may result in cracks in the idols.

6. Lizard falling on human is bad luck
It is said to be bad luck but the scientific reasons behind this is that the lizard releases poisonous chemicals from its body in order to protect themselves from enemies and if it falls on human body or food, it is bound to contaminate it. So, bathe is taken after it falls on someone.

7. Using lemons and green chillies to avoid buri nazar                          The nimbhu mirchi tadka is one of the commonly visible superstitions among the society whose use is often encouraged due to the qualities of lemon and chillies as they both are rich in different vitamins Ad create certain acidic odour which helps keep away insects. Thus, our ancestors used this as a symbol during ceremonies which now turned into a tadka.

8. Bats entering the house means death                                                       It is considered to be a bad omen. The real reason behind this superstition is that the bats bring a lot of deadly diseases along with them and when there was no medical facility available during those days, people would die due to rabies, Ebola, Nipah and other illness brought in by the illness.

9. Ghosts residing in peepal trees
This myth continues to prevail even today. But the scientific reason behind this is that the trees use carbon dioxide during the day and releases oxygen but at night, it is the other way round. So, when you sleep under the tree, the excess carbon dioxide level can make you feel heavy in the fist and suffocated which is associated with the feeling of being possessed by some spirits.

10. Throwing coins in fountains and rivers bring good

Most currencies in ancient times were made of copper and by throwing copper coins into rivers, our forefathers apparently ensured that they were consuming pure water. Science has it that copper has antimicrobial property and it can kill 99.9% of infection-causing bacteria. However, today neither do we use copper coins nor do we drink water directly from the river. This belief has brought in more pollution than good luck.

ACCOUNTABILITY OF ELECTION COMMISSION

Keywords:

Election Commission of India ~ Constitution of India ~ Article 324 ~ Supervision ~ Direction ~ Control ~ Accountability

Introduction:

The Election Commission of India is a central, state and district autonomous statutory body responsible and accountable for overseeing electoral process in India. The board administers Lok Sabha, Rajya Sabha elections, state assemblies, state legislative councils and president and vice president of the nation. Under Article 324 of the Constitution, the Election Commission does its work, and the Representation of the People Act has been subsequently enacted under it.

The commission has the strength and supremacy, under the Constitution, to engage in behaviour appropriate to the extent, when the enacted laws make insufficient provision for dealing with a given situation in the conduct of an election. As a constitutional body, the Election Commission is one of the limited bodies that operate with both sovereignty and independence, along with the nation’s higher judiciary, the Union Public Service Commission, and India’s Controller and Auditor General.

What is Election Commission of India?

The Election Commission of India (ECI), which was formed in 1950 to promote democratic process in India, is a constitutionally approved body. The headquarters are situated in New Delhi. It consists of three members namely, the Chief Electoral Commissioner and two other Commissioners who are designated by the president of India for a term of six years and who cannot be removed from office except through a parliamentary indictment. The ECI, while almost invulnerable to political pressures and scrupulously neutral, is tasked with ensuring free and fair elections.

The Indian Election Commission is the governing body of the election. The Election Commission of India (ECI) is envisaged by Article 324 of the Constitution of India. It defines the code of conduct for election model in the country.

The Constitution under Article 324 provides for the planning, conduct and supervision for elections to the legislature, the state governments and the president and vice-president offices by the Election Commission. Therefore, both the central and the regional elections are the responsibility of the Election Commission. It is also responsible for preparing, maintaining and updating the electoral rolls, raising political funds, registration of political parties, nomination of candidates, monitoring of campaigns, accelerating media, arranging and organising polling booths, superintending the vote counting and result declaration. The ECI is convincing and determined in matters of elections—for instance, where the law is ambiguous—but it can be challenged in courts of law.

In the early 21st century, the Indian general elections became the world’s biggest democratic exercise. In a number of geographical, political and climate ways, they involved nearly 700 million voters in some 700,000 polls. The ECI functions through a secretariat of some 300 staff members. Each state has a Chief Electoral Officer with a core staff, and civil servants assume the responsibilities of election officials at the district and electoral levels. However, during the general election, an enormous team of temporary workers up to five million people are responsible for the conduct of the poll.

Superintendence, Direction, Control and Accountability for Elections

In Article 324, the term superintendence, direction and control and the conduct of all elections were kept to include certain powers which, although not expressly given, are required to be exercised in order to effectively fulfil the task of holding the elections at their completion. Furthermore, it would be appropriate for the Commission to make general provisions on matters pertaining to symbols, either in anticipation or in the light of practice.[1] For the purpose of free and fair elections and for the protection and security of electors and with a view to avoiding bullying and victimization of electors, the Commission has full authority to guide the way in which ballots are counted and is accountable for the measures taken during the due process.[2] For transfer of those officers (who had completed more than four years of stay in one district) from one district to another, directives are issued by the Election Commission, were adopted pursuant or intra vires to Article 324.

The text conduct of the elections referred to in Article 324 was considered to be broad in scope, which would include the power to make all the necessary arrangements for the conduct of free and fair elections. As every contingency cannot be acknowledged or anticipated beforehand, the Supreme Court in Union of India v. Association for Democratic Reforms[3], held that the Commission could cope with a situation in which the field had not been occupied by issuing the necessary orders. Article 324 was said to be a reserve of power, giving the Commission its own right to exercise residual authority a creature of the Constitution. The Commission may, therefore, issue instructions asking the candidates to provide information on their assets, their educational qualifications, the background of their lives, etc. Nevertheless, the terms ‘superintendence, direction and control in Article 324 are intended to complement and not replace the law and, therefore, the Commission cannot move against a validly formed electoral law. No power to de-register a political party shall also be bestowed on the Election Commission. Moreover, with the approval of the State, the Commission may control any legal issue not protected by the Rules of Procedure set out in the Legislature.

In the case of Ram Deo Bhandari v. Election Commission[4], the Supreme Court held that the Election Commission was free to take such measures as it deemed appropriate to ensure a free and fair vote, but would not withhold the elections to the Legislative Assembly of a State on the ground that it had failed to complete the process of issuing photo identity cards within the time limit prescribed by the Commission, for it would be contravention of the mandate of Article 168 of the Constitution.

In the case of J.T. Girls Degree College v. State of U.P.[5], it was ruled that the Election Commission and the Election Authorities are both controlled by the 1951, Representation of People Act, and cannot act in a manner inconsistent with the Act. It is also recommended that Article 324 should be read in the context of the Constitutional Scheme and the Act of 1950 and of 1951. In A.C. Jose v. Sivan Pillai[6], some significant errors in the use of EVM had been identified by the Supreme Court. Since these deficiencies had been taken care of by the new improved version of EVM as well as by the Representation of People Act, 1951 and the Rules there under were modified accordingly.

Some Issues for which ECI has to be Accountable

  • The presence of money and criminal elements in politics has risen over the years, along with intimidation and political corruption resulting in elections being criminalized. The ECI could not stop the deterioration.
  • A blatant misuse of power has occurred by the state government, which often makes large-scale transactions on the eve of elections and posts malleable officials in key positions, often employing official vehicles and electioneering buildings, in violation of the ECI model code of conduct.
  • The ECI is not properly prepared to control the parties. The ECI does not have the authority to impose internal party control and to govern party finances.
  • Throughout the past few years, there has been a growing perception that the Election Commission is becoming increasingly independent of the executive that has damaged the institution ‘s reputation.
  • One of the main institutional drawbacks is the lack of accountability in the election of the CEC and two other commissioners and the choice of the presiding government.
  • EVMs have been reported to be malfunctioning, to be hacked and not to record votes that corrode the confidence of the institution of the general masses.
  • Loss of structural governance as a result of decreasing democratic morality norms and deteriorating service ethic and commitment in public life.
  • An inefficient and lengthy judicial method of managing electoral requests, frequently making the whole method meaningless.

Conclusion:

Through the years, a range of commendable electoral reforms have been carried out by the Election Commission to improve democracy and improve the fairness of the elections. These changes are admirable and equally sufficient. Under the EC’s auspices, the election machinery certainly deserves plaudits for free and fair conducting of elections. So many vices still torment our framework. Political parties turn to irrational tactics and unethical practices to win votes. These diseases promote entry of the anti-social elements into the electoral competition. The question is not the lack of legislation but their lack of rigid compliance and enforcement. There is a need to strengthen the EC’s hands and give it more legal and institutional power and authority to root out those unjust tendencies. The EC must be granted powers to discipline the errant politicians who are transgressing and breaching the voting process and code of conduct.

Frequently Asked Questions (FAQ’s):

Q.1. What are the advantages of using EVM’s?

A.1. Electronic Voting Machines (EVM’s) have been widely used in important constituencies in restricted areas and also, in by-elections. Throughout the Goswami Committee deliberations, any questions regarding this technology were amply removed. Not only were the EVMs satisfactorily demonstrated to all representatives of parliament, but many electronic experts from the Indian government also testified that the devices could be used without any lingering doubts at all the elections. The benefits of EVMs are very evident in preventing large-scale rigging as the system locks up and will allow just one hit every several seconds. Wherever such EVMs were used in urban and rural areas, there were no large-scale rigging reports.

Q.2. What are successes and failures of ECI?

A.1. Thirteen general elections to Lok Sabha and a much greater number to various State Legislative Assemblies have been held over the last half-a-century. We should take genuine pride in the fact that these were successful and widely accepted as free and equal. But the experience has also brought many misconceptions to the fore, some very severe, which in many quarters has created a profound concern. Links to the toxic position of financial influence, muscle strength, and mob control and criminalization, racism, communitarianism, caste system and corruption are frequent.

[1] K.M. Sharma v. J.B. Singh, AIR 2001 All. 175.

[2] E.C. of India v. Ashok Kumar, AIR 2000 SC 2979.

[3] AIR 2002 SC 2112.

[4] AIR 1995 SC 852.

[5] AIR 2004 All. 267.

[6] AIR 1984 SCR (3) 74.

National Education Policy 2020

The New Education Program was released on Wednesday, 29 July. Later in the day, the Union Cabinet endorsed a proposal aimed at revising the country’s education system. The Union Ministers for Information and Broadcasting (I&B) Prakash Javadekar and Human Resources Development (HRD) and Ramesh Pokhriyal Nishank released a statement on NEP-2020. Earlier on 1 May, Prime Minister Narendra Modi reviewed the NEP 2020 plan, which was prepared by a group of experts headed by former Indian Space Research Organization (ISRO) Chairman K Kasturirangan.

In the big changes, the 10 + 2 configuration of the school system has been replaced by the 5 + 3 + 3 + 4 configuration. This will require 12 years of education and three years of Anganwadi and pre-school. In comparison, instead of a year’s tests, school students can only take part in classes 3, 5, and 8.

NEP 2020 seeks to make “India a Global Knowledge Superior.” The new academic session will begin in September-October – a pause due to the ongoing epidemic of coronavirus disease (Covid-19) – and the government wants to enforce the program before the new session starts. 

Highlights of NEP 2020

  • The goal would be to increase the Gross Enrolment Rate of higher education, including technical education, from 26.3 percent to 50 percent by 2035.
  • The agenda of the New Education Policy (NEP) approved by the Union Cabinet on Wednesday seeks to bring about several significant reforms, including enabling top international universities to set up campuses in India, a greater proportion of students pursuing vocational education, and heading into institutions, including multidisciplinary IITs.
  • One of the stated goals of the policy is to cultivate “deep-rooted pride” in being an Indian, not only in thinking but also in spirit, intellect, and action, as well as in improving awareness, skills, principles, and provisions that encourage a conscientious contribution to human rights, sustainable development, and living and global well-being.
  • The strategy also aims at ‘light but secure’ oversight by a single higher education regulator, as well as expanded access, equality, and inclusion. The NEP stipulates that by 2040, all higher education institutions ( HEIs) must aim to become multidisciplinary institutions, each with the goal of providing 3,000 or more students. There should be at least one major multidisciplinary entity in or close each district by 2030.
  • A university should be a multidisciplinary institution providing undergraduate and doctoral degrees with high-quality instruction, research, and group engagement. The concept would require a variety of institutions, ranging from those that put equivalent emphasis on teaching and study, i.e. research-intensive universities to teaching-intensive universities.
  • Also, engineering colleges, such as IITs, will move towards more comprehensive and multidisciplinary education in the arts and humanities. Students in the arts and sciences may be involved in studying science.
  • Departments of Languages, Literature, Music, Psychology, Indology, Architecture, Dance, Theatre, Culture, Mathematics, Statistics, Pure and Applied Sciences, Sociology, Economics, Athletics, Translation, and Analysis, etc. will be developed and enhanced in all HEIs.
  • The degree would be either 3 or 4 years in length, with several exit options. For example, a credential after completing 1 year in a specialty or field, including technical and professional fields, or a diploma after 2 years of training, or a Bachelor’s degree after a 3-year program. However, the 4-year multidisciplinary Bachelor’s program is the favored choice.
  • An Academic Bank of Credit (ABC) shall be formed to store the academic credits received in digital form.
  • The 4-year curriculum can even lead to a degree ‘with study’ if the applicant conducts a comprehensive thesis project. A model of public universities for integrated and multidisciplinary education, at the same time as IITs, IIMs, etc., called MERUs (Multidisciplinary Education and Research Universities) would be developed.
  • Higher education institutions shall switch from high-level assessments to regular and thorough tests.
  • India should be advertised as a global research destination offering quality education at affordable prices. An International Students Office will be founded at each institution hosting foreign students.
  • High performing Indian universities will be encouraged to set up campuses in other countries. Selected universities like those from among the top 100 universities in the world will be facilitated to operate in India.
  • A statutory mechanism to encourage such admission will be placed in place and special dispensations will be given to these universities in respect of financial, governance, and quality requirements on a par with other autonomous institutions of India.
  • Within each educational setting, stress control and mental development therapy programs are in operation.
  • Efforts should be made to promote the merits of SC, ST, OBC, and other SEDG graduates.
  • Vocational programs should be incorporated into both schools and higher education institutions in a staggered fashion over the next decade. In 2025, at least 50 percent of learners across the school and higher education programs should be subjected to technical education.
  •  The B.Voc. degrees introduced in 2013 will continue to exist, but vocational courses will also be available to students enrolled in all other Bachelor’s degree programs, including the 4-year multidisciplinary Bachelor’s programs.
  • ‘Lok Vidya,’ i.e. essential vocational skills established in India, will be made available to students. The Minister of Health, which should be renamed the Minister of Health, will form the National Committee for the Development of Vocational Education (NCIVE).
  • The strategy also calls for the establishment of the National Research Foundation (NRF). The policy also refers to the establishment of the Indian Higher Education Commission (HECI).

Reviews

Beginning from the Vice-Chancellors of Private Universities to other business leaders, many of them expressed their opinions and questions regarding the New Education Strategy. Here’s a couple of them to try out.

  • Dr. Rupamanjari Ghosh, Vice-Chancellor, Shiv Nadar University, Greater Noida said, “We’ve been patiently waiting for this day. National Education Policy (NEP) 2020 has the potential to have a profound long-term effect on the social and economic structure of our society — that is the power of education, particularly given our demographics. NEP 2020 supports big changes in higher education – comprehensive and multidisciplinary curriculum, diversity in topic choices and plan durations, etc.
  • Dr. Dishan Kamdar, Vice-Chancellor at FLAME University, has named it a game-changer for the future. He said, “This is going to be a game-changer for the development of India’s education system. By 2030, multidisciplinary colleges in every district will promote liberal arts education to a significant degree. India will have the highest number of young people in the world by 2030.”
  • Aakash Chaudhry said, “The incorporation of the arts, humanities, athletics, physical education and vocational training in school education is a case in point. The Policy is also futuristic-exciting web content in English, Hindi and regional languages are exciting. “Sharad Mehra said,” The NEP is a transformational step in the right direction on a variety of fronts. The idea of the Center and States coming together to maximize public spending in the education sector to hit 6 % of GDP is a positive change.
  • Sumeet Jain, Yocket’s co-founder, and higher education analyst, congratulated the Government with its new education regulations. He said, “Under the NEP, the world’s top 100 international universities would be” facilitated “to work in India under a new regulation. According to the HRD Ministry paper, listing main policy features, “these (foreign) universities should be given special dispensation concerning administrative, governance, and quality requirements on a par with other autonomous institutions of India.”
  • At the other hand, Dr. Vishal Talwar, Dean-School of Management, BML Munjal University, said, “The new education policy unveiled today aims to respond to the changing realities of education by growing versatility, raising the degree of autonomy and seeking to increase the level of application of expertise along with a wider ability set. A key thing that needs to be looked at is how this program is applied.

What NEP 2020 has for teachers

The updated National Education Policy (NEP) 2020 released by the Center on Wednesday proposed a range of improvements to the country’s school system. As per the new legislation, a four-year integrated BED would be the minimum degree required for teaching by 2030. The Teacher Eligibility Test (TET) will now be updated as per the existing school program.

Previously, the TET was split into two components — part 1 and part 2. Now that the school system has been split into four parts — fundamental, preparatory, middle, and secondary — TET should also be built accordingly.

All that apply for TET would have to demonstrate or appear in an interview to demonstrate their understanding of the local language in compliance with the new regulation. As per the NEP, “Interview will become an important part of the recruiting of teachers.” Such interviews will also determine the ease and expertise of teaching in the local language. It will also be a must for private school teachers to apply for TET.

Hiring and openings in schools can be remotely controlled. A technology-based, systematic teacher-requirement preparation project will be undertaken by each state to determine the projected subject-specific shortage of teachers over the next two decades.

Some changes are also made in B.Ed, a lot of merit-based scholarships are also introduced to ensure that outstanding students enter the teaching profession – especially from rural areas, Teachers who have already been hired will be expected to participate in at least 50 hours of continuous professional development (CPD) every year.

Indian Shipping Industry

Introduction

According to the Ministry of Shipping, around 95 per cent of India’s trading by volume and 70 per cent by value is done through maritime transport. India has 12 major and 205 notified minor and intermediate ports. Under the National Perspective Plan for Sagarmala, six new mega ports will be developed in the country. The Indian ports and shipping industry play a vital role in sustaining growth in the country’s trade and commerce. India is the sixteenth largest maritime country in the world with a coastline of about 7,517 kms. The Indian Government plays an important role in supporting the ports sector. It has allowed Foreign Direct Investment (FDI) of up to 100 per cent under the automatic route for port and harbour construction and maintenance projects. It has also facilitated a 10-year tax holiday to enterprises that develop, maintain and operate ports, inland waterways and inland ports.

India’s coastline stretches more than 7,000 km and since the country is at the crossroads of the Far East and the West, the waters around India are among the busiest in the world, giving way to a majority of the cargo ships that sail between Europe, Americas, Africa and East Asia. There are over 200 ports in India, of which 12 are considered the busiest and major ports of India. And they are Kolkata, Paradip, Visakhapatnam, Chennai, Tuticorin, Kochi, New Mangalore Port, Mormugao, Mumbai, Jawaharlal Nehru Port, Ennore, and Kandla. These ports account for 58% of the total cargo shipped through the ports in India.   

According to a report published by the Centre for Monitoring Indian Economy, these 12 ports handled 277 million tonnes of cargo between April and September this year, a 2.3% increase as compared to 2012, and this figure is expected to increase to 4% in 2013-2014. The main commodities handled by the major ports are petroleum, oil, lubricants, and coal, and the freight volume of these goods is expected to increase in the years to come. The largest shipping company in India is the Shipping Corporation of India, which owns and operates approximately one-third of the Indian tonnage and services both national and international lines. When the Shipping Corporation of India was established in 1961, it had a fleet of 19 vessels, but today, it has a fleet of 79 vessels of 5.9 million metric tonnes dead weight.  

Other major shipping companies in India are the Great Eastern Shipping Company, Essar Shipping, Varun Shipping, and Global Offshore Services. The Shipping Corporation of India is the largest state-owned shipping enterprise whereas the Great Eastern Shipping Company is India’s largest private sector shipping company. To enhance the attractiveness of the Indian shipping industry and to develop the maritime sector, the government of India has established the National Maritime Development Programme. The cost of developing the maritime sector is estimated at Rp 734 billion and the government of India has allowed foreign direct investments of up to 100% under the automatic route for projects pertaining to the construction and maintenance of ports.   

Apart from the operation of ports, the shipping industry also looks into the construction of ships. According to Union Cabinet Minister of Shipping G K Vasan, India has the potential to be the next hub of the ship-building industry among the emerging economies. An 87% growth was witnessed in the tonnage capacity in the global shipping industry, and this growth will prove to be beneficial for ship manufacturers in India. In August 2013, Cochin Shipyard launched INS Vikrant, the first aircraft carrier built in India. The launch of this indigenous aircraft carrier has provided India with a golden opportunity to join the elite club of countries that have the capability of constructing warships in the ‘over 35,000 tonnes class’. The Indian shipping industry is not a standalone industry – it has an impact on the Indian Navy, Indian Air Force, and the oil and gas industry, to name a few. The Indian shipping industry is set to reach new heights in the coming years. In fact, port traffic at both major and non-major ports is expected to increase between 2013 and 2014. Also, the cargo capacity in India is likely to increase from 1247.5 million tonnes in 2012 to 2301.6 million tonnes by 2017.       

Government Initiatives

Some of the major initiatives taken by the government to promote the ports sector in India are as follows :

  • As of November 2019, projects worth Rs 13,308.41 crore (US$ 1.90 billion) were awarded in the last three years on upgradation of the major ports. 
  • As per Union Budget 2020-21, the total allocation for the Ministry of Shipping stands at Rs 1,800 crore (US$ 257.22 million).
  • Major Port Authorities Bill 2020 was introduced in the Loksabha, which intends to provide regulation, operation and planning of major ports in India and to vest the administration, control and management of such ports upon the Boards of Major Port Authorities and for matters connected therewith or incidental thereto.
  • Net profit at major ports increased from Rs 1,150 crore (US$ 178.4 million) in FY13 to Rs 3,413 crore (US$ 529.6 million) in FY18, while operating margin increased from 23 per cent to 44 per cent.
  • In May 2018, Ministry of Shipping allowed foreign flagged ships to carry containers for transhipment.
  • In March 2018, a revised Model Concession Agreement (MCA) was approved to make port projects more investor-friendly and make investment climate in the sector more attractive.

Achievements

Following are the achievements of the government in the past four years :

  • Turnaround time at major ports stood at 64.69 hours in FY20 (till September 2019).
  • Project UNNATI was started by the Government of India to identify opportunities for improvement in the operations of major ports. Under the project, 116 initiatives were identified, out of which 91 initiatives were implemented as of November 2018.

Issues over Article 370

What is Article 370 ?

  1. Article 370 was drafted under Part XXI (Part 21) which deals with “Temporary, Transitional and Special provisions
  2. Article 370 under the Constitution of India gives special status to the state of Jammu & Kashmir.
  3. The article came into effect in 1949.
  4. All the provisions of the Constitution which apply to other states do not apply to J&K until and unless the state legislative assembly separately passes such provision.
  5. Except for defence, foreign affairs, finance, and communications, Parliament needs the state government’s concurrence for applying all other laws. 
  6. The residents of the state of Jammu & Kashmir live under a separate set of laws including those related to :
    • Citizenship
    • Ownership of property
    • Fundamental rights
  7. The Directive Principle of State Policy and Fundamental Duties do not apply to the state of J&K

What is Article 35A?

  1. Article 35A was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954.
  2. President Rajendra Prasad issued it under Article 370
  3. No outsider can own a property in J&K 
  4. No outsider can get a state job in J&K

It would be good to understand the background of Article 370 of the Indian constitution which gave special status to Jammu & Kashmir. Article 370 was temporary, transitional with special provisions. Whereas Article 35A was meant for residents of Jammu & Kashmir with a separate set of laws including those of citizenship and fundamental rights and ownership of the property in that state.

On August 5, 2019 Government of India has superseded both provisions and both clauses of Article 370 & 35A have become inoperative and now State of Jammu & Kashmir have become Union Territories and Ladakh being separate Union Territory.

Now Jammu & Kashmir can make their own rules for permanent residency, ownership of property and fundamental rights. Present Government says that they have scrapped the provisions of Article 370 so that Kashmir can be integrated with rest of India. Whereas the critics of the Government are of the view that the Kashmir issue is continuing to burn and the present Government is unnecessarily going with the issue to avoid the side effects of Economic slowdown.

On the ground people in general are abiding with the laws but opposition is not buying the points of the Government.

Hopefully in the months to come people of Jammu & Kashmir will come up for the cause of Nation and all will be settled for growth of economy.

The abrogation of Article 370 by the present-day Modi Government has divided the country. Some are for it and some against. With the Article 370 being scrapped, J&K will not enjoy any special status and the Indian constitution will be applicable to all its residents from now. Right to Information & Right to Education will be applicable and minorities in the region will l enjoy 16% reservations. Also, women from J&K can still retain their rights and citizenship even if they marry someone outside the state.  While a certain sect is happy with these implications, many consider it as a threat to human rights and the Indian Democracy.

Here are the advantages and disadvantages of repealing Article 370 and Article 35A.

Advantages of Scrapping Article 370

  • Attempts to unite Kashmir with other states of India.
  • Propagates One Nation One Constitution Slogan
  • Open doors for growth and development in the valley
  • Private investors can invest and boost the economy of the state
  • Better medical and education facilities can be provided to the residents of the Valley
  • Central government can curb corruption since it is a UT now.
  • Authorities are in a better position to curb terrorism and instill peace in the Valley

Disadvantages of Scrapping Article 370

  • Instilled insecurity in the locals as they have to give away their dual citizenship
  • Kashmiri Muslims feel it threatens the state’s unity and integrity
  • Add on to the political vulnerability and instability in the Valley
  • Hampers the delicate relationship with Pakistan. It is like a nail in the coffin
  • Implants the seeds of insecurity in certain section of citizens.
  • The implementation of the abrogation of Article 370 is a threat to the democracy. It is an attempt to polarize and appease the Hindu population in the valley.
  • Safety of Kashmiri girls is questioned. Certain Hindu fascists have threatened to marry girls of the region. This is outrightly exist.

The advantages and disadvantages can be subjective. We expect reader’s discretion.

Issues over Article 370

On 5th August 2019, the Union Home Minister of India, Shri Amit Shah announced the abrogation of Article 370 and Article 35A of the Indian Constitution which granted the state of J&K special status. The state is now divided into two union territories – Jammu & Kashmir (with a legislature) and Ladakh (with no legislature). This is a very significant step when it comes to managing ‘things’ in the valley and will have grave consequences for future generations as well. As always, there is a divided opinion.

Implications of Removal of Article 370

  1. J&K will no longer enjoy special status now
  2. The Indian Constitution laws will be 100 percent applicable to all residents of Jammu & Kashmir.
  3. Part 4 of the Indian Constitution, the Directive Principle of State Policy and Fundamental Duties will now apply to the state of J&K
  4. There will be no separate flag for J&K now
  5. Article 360 (Financial Emergency) of the Indian Constitution will now be applicable
  6. Minorities (Hindus & Sikhs) will have 16% reservation now
  7. Right to Information & Right to Education will be applicable now
  8. The duration of the legislative assembly will now be five years instead of 6
  9. Article 35A will be nullified. A woman from J&K can still retain her rights and citizenship even if she marries someone out of the J&K state
  10. The Panchayats will enjoy the same powers as in other states.

Enough has been said and written about Article 370 and its abrogation earlier in August 2019. While political and social analysts were predicting such a move, a few believed that the existing government will not be able to implement any changes. Eventually on August 5, 2019 the President of India issued the Constitution (Application to Jammu & Kashmir) Order, 2019, C.O. 272 and the special status of J & K was revoked. The state of J&K is now divided into two union territories – Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).

Article 370 : Current Situation

This decision has garnered a lot of criticism by a large section of general population and the opposition. There have been mass protests organized in different cities in India in the last few months. Some have been in support of it and some opposing it. The current Modi government has been criticized at a national and global level on the way the changes were implemented. It is considered as a hazard to the human rights.

Major leaders of the popular political parties were house arrested. Internet and telephone services were revoked. Heavy troops were deployed all across the streets to curb any unrest or protests. Public movements were banned and schools and offices were shut. Such steps are considered an outright threat to the democracy. With no direct communication with the local residents of the Valley, the Government clearly denies any protests took place. However, certain media outlets have confirmed that there have been protests. Also, forceful arrests are being taken to infuse fear in the locals so that no unrest outbreak.

For almost four months Kashmir was completely cutoff with the rest of the world. Gradually schools, shops and offices have opened. The internet services still remain suspended in the Valley.

Article 370 : Government’s Take

The current Government believes to have corrected the historical blunder. It urges it was necessary to scrap Article 370 to integrate Kashmir with the rest of the country. The government aims to restore peace, curb corruption and enable growth in the Valley with this step. But only time will tell the implications of this decision.

PM Modi congratulates youngsters who cleared Civil Services Exam, 2019

Prime Minister Narendra Modi has congratulated all the bright youngsters who have successfully cleared the Civil Services Examination, 2019. 
 
Extending his best wishes, Mr. Modi said, an exciting and satisfying career of public service awaits them. 
 
For those youngsters who did not get the desired result in the Civil Services Examination, Mr. Modi said, he would like to tell them that life is full of several opportunities. 
 
He said, each and everyone of them is hardworking and diligent and wished them the best for their future endeavours.

Polling begins for Parliamentary Elections in Sri Lanka

In Sri Lanka, polling is being held for general elections to elect 225 members for its 16th Parliament with strict health guidelines amidst COVID situation. The voting began at 7 AM in the morning and will continue till 5 PM. An extra hour of polling has been kept in view of COVID situation and social distancing to be kept during the voting process.

The counting of votes will be held tomorrow and results are expected by late evening. Over 7450 candidates are in fray for Parliament seats while around 1.62 crore voters are eligible to exercise their franchise at around 13 thousand polling booths.

Prime Minister Mahinda Rajapaksa, former PM Ranil Wickremsinghe and former President Maithripala Sirisena are among the main contestants to enter the Parliament. The elections were postponed twice after the COVID outbreak as Parliament was dissolved in early March, six months before its term ended as President Gotabaya Rajapksa was seeking a clear majority in Parliament for his party. 

Extensive arrangements have been made in wake of COVID outbreak and facemask along with hand sanitization is mandatory at the polling booths. Health authorities have asked voters not to fear coming to the polling stations and said the applying of ink on the fingers would be carried out in a safe manner. Sri Lanka has only around 400 active COVID cases and they will miss the voting.

Vaishno Devi yatra to resume from Aug 16 as J&K govt decides to open religious places

Vaishno Devi Yatra will resume on August 16 after the Jammu and Kashmir government decided to open religious places in the Union Territory. Shri Mata Vaishno Devi Shrine Board announced the resumption of the pilgrimage almost four months after it was suspended because of the coronavirus pandemic.

The Jammu and Kashmir government has decided to open all religious places across the Union Territory from 16th of this month, a day after Independence Day celebrations.

The Shrine Board said, it will announce its own Standard Operating Procedure later.

The government had suspended the Yatra on May 18 following the outbreak of the pandemic.

Several development measures over past one year mark first anniversary of creation of J&K, Ladakh UTs

Development is taking place at a rapid speed in Jammu and Kashmir and Ladakh since the two Union Territories were carved out. On 5th of August last year, the Government revoked the special status granted to Jammu and Kashmir  by modifying Article 370 of the Constitution.

During one year period prior to August 5 2019, a total number of 172 locals joined different terrorist groups. After August 5, 2019 till date, recruitment fell by 42 percent from 172 to 100. The total number of terrorists who attempted infiltration from Pakistan occupied Kashmir also decreased by 33 percent.

AIR correspondent reports, there has been a 54 percent reduction of terrorist initiated violence in Jammu and Kashmir. As against 395 incidents prior to 5th August last year, it is 181 post that date till now. Eighty percent of the total 1391 law and order incidents in the past year were reported during the first three months of August, September and October.

The situation improved dramatically as average law and order related incidents fell from 370 per month to the current rate of 28 per month. 

Covid-19 recovery rate improves to 66.30 per cent

The COVID-19 recovered cases are now double of active cases in the country. Currently, the recovered cases are over 12.30 lakh. 

With this, the recovery rate has gone up to an impressive 66.30 per cent. 

The fatality rate is also the lowest at 2.10 percent since the first lockdown.

Briefing media in New Delhi yesterday, Health Secretary Rajesh Bhushan said, the fatality rate has seen a progressive decline and it is continuing. 

He said, over two crore COVID tests have been conducted so far.  In the last 24 hours, over 6.6 lakh tests have been conducted.

He added that many states have increased their testing capacity, both RT – PCR and Rapid Antigen tests and 24 States and UTs have more tests per million than the national average.

The Secretary also said around 50 per cent of deaths due to COVID-19 in India have taken place in the age group of 60 years and above. 

About 37 percent deaths have taken place in the age group of 45 to 60 years. 

Mr. Bhushan informed that about 68 per cent of COVID-19 deaths have been reported among male patients and 32 per cent among female patients in India.

The Secretary said, 28 states and UTs have a COVID-19 positivity rate of less than 10 per cent, while India’s positivity rate as on date is 8.89 per cent. 

Replying to a question, he said, the coronavirus infection has spread to new areas in the country, but 82 per cent of the total cases are still limited to ten states and Union Territories.

He added that 50 districts accounted for 66 per cent of the COVID-19 caseload in the country.

Director General, ICMR , Dr Balram Bhargava informed that the Oxford vaccine, being manufactured by Serum Institute of India, has  got approval for phase 2 and 3 clinical trials. He said, it is starting within a week at 17 sites.

Bhoomi Pujan for construction of Ram Temple in Ayodhya at 12:30 PM today; PM Modi to lay the foundation stone

Prime Minister Narendra Modi will participate in the Bhumi Poojan function for the construction of Ram Temple in Ayodhya today. He will unveil a plaque to mark the laying of the foundation stone and also release commemorative postal stamp on Shree Ram Janmabhoomi Mandir. The Bhumi Poojan ceremony will start at 12.30 PM and culminate at 12.45 PM. 175 guests including 135 Saints belonging to 135 spiritual traditions have been invited for the ceremony.

Mr Modi will first have Darshan at Shri Hanumangarhi Mandir, after which he will perform puja of Bhagwan Shri Ramlalla at Shri Ram Janmabhoomi. It will be followed by the Bhumi Pujan.

Heavy security arrangements are in place in view of the Prime Minister’s visit.

Shri Ram Janm Bhumi Teerth Shetra Trust and Uttar Pradesh Chief Minister Yogi Adityanath have appealed to all Ram-Bhakts across the world to organise Bhajan, Kirtan and Prasad distribution in all villages and cities while taking all necessary precautions to prevent spread of Corona.

After the appeal of the Chief Minister and Trust, people in the state are lighting earthen lamps at their houses and a special deepotsav is being organized in Ayodhya. The Lanes of Ayodhya and Ghats of holy Saryu River are illuminated with thousands of earthen lamps. Beautiful Rangolis along with special gates and colorful streets depicting the saga of Ramayana are ready to welcome the Prime Minister. People are lighting Diyas at their houses and even the Chief Minister House in Lucknow is illuminated with Diyaas.

All India Radio will broadcast the Bhumi Pujan function live from Ayodhya from 11:40 this morning. It can be heard on AIR FM Gold and additional frequencies.

Doordarshan will also broadcast the function live. 

The road to this bhoomi poojan ceremony witnessed a medley of historical, cultural, religious and political events. On 9th November last year, the apex court in its judgement of one of the longest drawn land-title dispute in the history allowed construction of Ram Mandir at the Ram Janmabhoomi sthan in Ayodhya. The judgement came exactly after three decades of Vishva Hindu Parishad laying down the first brick marking the ‘shilanyas’ at the site on 9th November 1989. 

The Union cabinet earlier this year in the month of February approved setting up of the Shri Ram Janmabhoomi Teerth Kshetra trust. The trust was empowered to take decisions independently on the construction of the Ram Mandir and other related issues. It was also thereafter handed over the 67.7 acres of land at the temple site keeping in mind the needs of crores of devotees. 

An overview on Simone de Beauvoir’s “The second sex”


“The Second sex” is a book written by Simone de Beauvoir which talks about how women are socially and culturally constructed and represented in the society. It attempts to answer the question as to why women are treated as inferior and secondary and as the “other”. She says that “one is not born woman but rather becomes woman”. According to Beauvoir, humanity is divided into two classes, one is man, the superior of all beings and the second class is the ‘other’ which includes women. One of the major aspects of her study is that there are no sociological, psychological or economic factors that determine the human female presence in the society but rather it is the civilisation that produces this “other” as an intermediate between a male and eunuch. According to Beauvoir, feminity is a false concept constructed by man, she calls it as an essence and a myth.
The serene calmness found in motherhood, the concept of virginity, the womb etc adds up to the various forms of this myth called femininity. She also points out that this “eternal feminine” is to describe all the terrifying processes of fertility and reproduction which are sugar coated with the myth of femininity.Therefore, by saying this simone de Beauvoir concludes that there is no such thing as feminine, it is only a “myth”. And that there can be no essence but only experience. She emphasizes on the concept of individuality of every human being, and this individuality cannot be trapped under the concepts called “femininity “. She uses the example of slavery. Slavery cannot be considered as a vocation of a slave, in the same way femininity is not the vocation of a female. It is only a concept used to suppress women through the ages. It is not something that is inherent but rather socially constructed to portray men as the dominant power.
De Beauvoir brings in a parallel between a doll and a woman by comparing the two. A doll is dressed up and is made to things the girl who is the owner of the doll desires of it. By which the doll by itself is objectified by the girl. Little does she know that she will be objectified the same way when she grows up to be a woman by her husband or any man because men belong to the superior category of all living beings. The doll is portrayed as submissive, listening to the words of her master, comforting her when she is lonely and lie at home when the she goes out. The doll does not have any agency of her own. In the same way, when a girl grows up, she will have to get the attention of her husband by attracting him with her beauty, she has to listen to him, and stay at home doing all the chores when he is busy with work. By which Simone de Beauvoir proves that a doll and woman are parallel to each other living as nothing but an accessory.
According to Beauvoir, Women are considered to be inferior to men for three reasons which is instilled in her by the society. The first one is that they are meant to fulfil a man’s need in order to exist in a correlation with them. The second one is to update themselves with the external factors such as makeup, dressing etc to seek validation and her third point was that women had very less legal rights because of which public influence was not really possible. For eg, in politics or law. What is to be noted is that this work was written five years after the French women were given the right to vote which shows that women were recognized only very late.Therefore to achieve liberation from being treated as this “doll” Beauvoir says that women need to understand that these beliefs of “femininity“ are just social constructs. And to make their individuality a priority they have to escape from these norms and determine their own destiny. These are some of the key points in Simone de Beauvoir’s work, “The Second sex”.

Concept of Delegated legislation

 

Definition:Black’s Law Dictionary defines ‘Delegation’ as ‘the act of entrusting another with authority or empowering another to act as an agent or representative’. E.g. Delegation of Contractual Duties.

‘Subordinate Legislation’ has been defined as:

“Legislation that derives from any authority other than the Sovereign Power in a state and that depends for its continued existence and validity on some superior or supreme authority.”

Salmonddefines – “Subordinate legislation is that which proceeds from any authority other than the sovereign power, and is therefore dependent for its continued existence and validity on some superior or supreme authority.”

Delegated legislation is, at times, referred to as “Ancillary”, “Subordinate”, Administrative Legislation or as Quasi-Legislation”. Delegated legislation is a technique to relieve pressure on legislature’s time so that it can concentrate on principles and formulation of policies.

 

Essential characteristics of Delegated Legislation:

· The rules should contain short titles, explanatory notes, reference to earlier amendments, etc. for clear understanding.

·     No extra-ordinary delay shall occur in making the subordinate legislation.

·   The administrative authority should not travel beyond the powers given in Parent Act.

·      Essential legislative functions cannot be delegated.

·      Sub-delegation (Delegatus non potest delegare) is not encouraged.

·    General rules should not be framed with retrospective operation, unless and until the parent Act instructs to do so.

·       Discriminatory and arbitrary rules should not be framed.

·       Wide and sufficient publicity shall be given so that general public can know it.

·   In appropriate cases, consultation also shall be made for more effectiveness and efficiency.

·   The Sub-ordinate authorities should not use rigid, crux and technical language while preparing the rules, which may cause difficulty to understand by general public.

·      The final authority of interpretation of the subordinate rules is vested to Parliament and Courts. But the administrative authorities are not empowered and authorised to interpret the statutes.

·        A tax or financial levy should not be imposed by rules.

·        Wherever it is necessary, the explanatory notes shall be given.

·        Public interest must be kept in view while delegating the powers, etc.

 

History of Delegated Leislation in India:

a. Pre – constitutional Position:

The history of delegation of powers can be traced from the charter stage of 1833 when the East India Company was regaining political influence in India. The of 1833 vested the legislative powers exclusively in Governor – General – in council, which was an executive body. He was empowered to make laws and regulations for repealing, amending or altering any laws or regulations, which were in force for all persons irrespective of their nationality. In 1935 the Government of India Ac, 1935 was passed which contained an intensive scheme of delegation. The report of the committee on ministers’ powers was submitted and approved which fully established the case for delegation of powers and delegation of legislation was regarded as inevitable in India.

b. Present Position:

Though, our constitution was based on the principal of separation of powers, a complete separation of powers was not possible hence it maintained the sanctity of the doctrine in the modern sense. The Indian Constitution does not prohibit the delegation of powers. On the other hand there are several provisions where the executive has been granted the legislative powers. For example the legislative powers of the president under the Indian Constitution are conspicuous. Under Article 123 the president has the power to promulgate the ordinances and unrestricted power to frame regulations for peace progress and good government of the union territory under Article 240. The Supreme Court of India has also upheld the delegation of legislative powers by the legislative to the legislative to the executive in the case of Raj Narayan Singh v. Chairman Patna Administration Committee

 

Growth of Delegation of Power and it’s Reason:

Many factors are responsible for the rapid growth of delegated legislation in every modern democratic state. The traditional theory of ‘laissez faire’ has been given up by every state and the old ‘police state’ has now become a ‘welfare state’. Because of this radical change in the philosophy as to role to be played by the state, their functions have increase. Consequently, delegated legislation has become essential and inevitable.

 

Some of the reasons of the growth of the Delegation of Powers are as follows:

1. Pressure upon Parliamentary Time:

As a result of the expanding horizons of the state activity, the bulk of legislation is so great that it is not possible for the legislation to devote sufficient time to discuss all the matters in detail. Hence there is need for a delegation of power.

2. Technicality:

Sometimes, the subject – matter on which legislation is required is so technical in nature that the legislator, being himself a common man, cannot be expected to appreciate and legislate on the same, and the assistance of experts may be required. Hence,  this lead to the growth of delegation of power.

3. Flexibility:

At the time of passing any legislative enactment, it is impossible to foresee all the contingencies, and some provision is required to be made for these unforeseen situations demanding exigent action. Hence there is a need for flexibility which leads to the growth of delegation of power.

4. Experiment:

The practice of delegated legislation enables the executive to experiment. The method permits rapid utilization of experience and implementation of necessary changes.

5. Emergency:

In the time of emergency, quick action is required to be taken. The legislative process is not equipped to provide for urgent solution to meet the situation. Hence there is need for delegation of power.

 

Delegation Legislation : Position under Constitution of India

The Legislature is quite competent to delegate to other authorities. To frame the rules to carry out the law made by it. In D. S. Gerewal v. The State of Punjab, K.N. Wanchoo, the then justice of the Hon’ble Supreme Court dealt in detail the powers of delegated legislation under the Article 312 of Indian Constitution. He observed: “There is nothing in the words of Article 312 which takes away the usual power of delegation, which ordinarily resides in the legislature. The words “Parliament may by law provide” in Article 312 should not be read to mean that there is no scope for delegation in law made under Article312….” In the England, the parliament being supreme can delegated any amount of powers because there is no restriction. On the other hand in America, like India, the Congress does not possess uncontrolled and unlimited powers of delegation.

In Panama Refining Co. v. Rayans, the supreme court of the United States had held that the Congress can delegate legislative powers to the Executive subject to the condition that it lays down the policies and establishes standards while leaving to the administrative authorities the making of subordinate rules within the prescribed limits. 4 Art. 13 (3) Defines law and it Includes ordinance, order, byelaw, rule, regulation & notification having the force of law.

In Sikkim v. Surendra Sharma– it is held that ‘All Laws in force’ in sub clause (k) of Art. 371 F includes subordinate legislation. Salmond defines law as that which proceeds from any authority other than the Sovereign power & is therefore, dependent for its continued existence & validity on some superior or supreme authority.

Uplifting branding

Brand awareness being the most unnoticed aspect of today’s society and its exuberance of purchasing goods that are pretentious to the human eye which indeed are not brand conscious. The precise measurement of the brand awareness is the underrated part of today’s branding and its features. Frankly, measurement can get you your next budget, your next promotion. And it’s amazing how many marketers think of, yeah, that’s the stuff I do at the end. Well, if you do it correctly, it can actually shape your strategy. The influential and money oriented tactics of marketing and measurement strategies are not going to cover a number of different things you should be measuring or you could be measuring, and you’re going to need to differentiate what you measure when. It’s the society who needs to be symmetrical and resolute about the extracted data. People who are oblivion of the terms and subjects relating to gross profit must be new to the advertising industry and they might be stumbled over the ideologies. The better or polished term to be in brief for brand awareness is brand lifting or brand uplifting which is the most important element in the bribed world that we are in today. In the past times people were not obsessing over brands , they were following the needs and necessities , if that’s what you’re using to justify all the effort that you’re going to put in here, what was your brand awareness before you started? Before we all started to have our brains preached about the brand awareness we were the people who were naive about all the complex terms were going through in the now world. So people’s brand awareness is key takeaway. If brand awareness is your goal, then measure it. It doesn’t mean estimate it. This is not how many angels can dance on the head of a pin. This is not like an unlikely scenario of boatloads of impressions, and that must have improved brand awareness. All the impressions doesn’t influence our marketing course but it’s the best data that we have that’s sort of analogous. As we call it , “third time’s the charm” the phrase doesn’t work in this scenario , because there’s a lot of bluffing in the brand awareness programs , three times more marketers are bluffing. They’re faking it. They are assuming that their brand awareness went up, bogus.