Pib Year End Docs of Ministries Devaraj

Press Information Bureau Year end review of various ministries

General Studies | Devaraj Subramanian

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013

It is a violation of womens right to gender equality, life and liberty. Creates an insecure and hostile work environment, which discourages womens

participation in work, thereby adversely affecting their economic empowerment and the goal of inclusive growth.

It covers all women, irrespective of their age or employment status. Protect them against sexual harassment at all workplaces both in public and private

sector, whether organized or unorganized. Section 4 and Section 6 Creates a redressal mechanism in the form of Internal Complaints Committee

(ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more than 10 workers are mandated under the Act

to constitute an ICC. Complaints from workplaces employing less than 10 workers or when the

complaint is against the employer will be looked into by the LCC. A District Officer will constitute the LCC at the district level.

Section 19 It casts a responsibility on every employer to create an environment which is free

from sexual harassment. Under it employers are required to organize workshops and awareness programmes

at regular intervals for sensitizing the employees about the provision of this legislation and display notices regarding the constitution of Internal Committee, penal consequences of sexual harassment etc.

Features Inquiry must be completed within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District

Officer, as the case may be and they are mandated to take action on the report within 60 days.

Ministry of Women & Child Development



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All Internal Complaints Committees are required to submit Annual reports to the employer who in turn will submit it to the district officer.

All Local Complaints Committee shall submit their annual report to the district officer.

The district officers will submit the report annually to the State Governments. Indira Gandhi Matritva Sahyog Yojana (IGMSY)

A Conditional Cash Transfer scheme for pregnant and lactating women. Enables an environment by providing cash incentives for improved health & nutrition

to pregnant and nursing mothers. Uses the platform of ICDS. Working of this scheme Provides cash directly to pregnant and lactating women during pregnancy and

lactation. It would address short term income support objectives with long term objective of

behavioural and attitudinal change. The scheme attempts to partly compensate for wage loss to Pregnant & lactating

women both prior to and after delivery of the child. Pregnant women of 19 years of age and above for first two live births are entitled

for benefits under the scheme. All Government/PSUs (Central & State) employees are excluded from the scheme

as they are entitled for paid maternity leave. The beneficiaries are paid Rs.6000/- in two equal instalments per pregnant and

lactating women. The cash incentives are made through Conditional Cash Transfer (CCT). This would contribute to a better environment. Also encourages and promotes

health & nutrition seeking behaviour. The scheme is now covered under Direct Benefit Transfer (DBT) programme. This scheme is 100% centrally sponsored.

RMK: Rashtriya Mahila Kosh (National Credit Fund for Women)



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Set up in 1993. Objective To provide micro-credit to poor women for various livelihood and income

generating activities at concessional terms. Credit would be delivered in a client-friendly delivery process and thereby

bringing about their socio-economic development. Functions It extends micro-finance services for livelihood activities, housing, micro-

enterprises, family needs, etc to bring about the socio-economic upliftment of poor women.

Takes a number of promotional measures to popularise the concept of women empowerment through micro financing, thrift and credit, formation and stabilization of SHGs and also enterprise development for poor women.

Credit is disbursed to the women SHGs in both rural and urban through intermediate organizations like NGOs, Co-operative societies, Government autonomous organizations, not-for-profit Section 25 Companies, State Women Development Corporations, registered bodies and federations of women etc.

Types of loan facilities Loan Promotion Scheme Maximum loan amount of Rs. 10.00 lakh. To promote the activity of thrift and credit among newer and smaller

organizations. They must potentially capable of having at-least six months experience

in formation of Self-HelpGroups, thrift, credit and recovery management.

Main Loan Scheme Maximum loan amount of Rs. 600 lakh. Organisations having minimum 3 years experience in thrift and credit

activities are being considered under the scheme. Housing Loan Scheme Maximum loan amount of Rs. 1 lakh.



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To provide shelter / repair of houses to SHG members through partner organisations of RMK.

It includes the cost for construction of low cost house / repairs. Swadhar

A Scheme for Women in Different Circumstances Objectives of this scheme is to provide,

Primary need of shelter, food, clothing and care to the marginalized women/girls living in difficult circumstances who are without any social and economic support;

Emotional support and counselling to rehabilitate them socially and economically through education, awareness etc.;

Help line or other facilities to such women in distress. Arrange for specific clinical, legal and other support for women/girls in need; and

Target Group/Beneficiaries Widows deserted by their families and relatives; Women prisoners released from jail and without family support; Women survivors of natural disaster who have been rendered homeless; Trafficked women/girls rescued or runaway from brothels Women victims of terrorist/extremist violence who are without any family support

and without any economic means for survival; Mentally challenged women (except for the psychotic categories who require care in specialized environment in mental hospitals) who are without any support of family or relatives.

Women with HIV/AIDS deserted by their family and without social/economic support.

Ujjawala Why this scheme?

Trafficking of women and children for commercial sexual exploitation is an organized crime that violates basic human rights.



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India has emerged as a source, destination and transit for both in-country and cross border trafficking.

The problem of trafficking of women and children for commercial sexual exploitation is especially challenging due to its myriad complexities and variation.

Poverty, low status of women, lack of a protective environment etc are some of the causes for trafficking.

Objectives of this scheme are to, Prevent trafficking of women and children for commercial sexual exploitation

through social mobilization and involvement of local communities, awareness generation programmes, generate public discourse through workshops/seminars and such events and any other innovative activity.

Provide rehabilitation services both immediate and long-term to the victims by providing basic amenities/needs such as shelter, food, clothing, medical treatment including counselling, legal aid and guidance and vocational training.

Facilitate rescue of victims from the place of their exploitation and place them in safe custody.

Facilitate reintegration of the victims into the family and society at large Facilitate repatriation of cross-border victims to their country of origin.

Target Group are women & children who are, Vulnerable to trafficking for commercial sexual exploitation. Victims of trafficking for commercial sexual exploitation

Working Women Hostel (WWH)

Financial assistance is provided for construction/ running of Hostel in rented premises for those working women.

They may be single, widowed, divorced, separated, married but whose husband or immediate family does not reside in the same area and for those women who are under training for job.

Provision of day care centre for children of the inmates of the Hostel is also covered.



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Working Women are entitled to hostel facilities provided their gross income does not exceed Rs. 30,000/- (gross) per month in metropolitan cities, or Rs. 25,000/- consolidated (gross) per month, in any other place.

When the income of any working women already residing in a hostel exceeds the prescribed limits, she will be required to vacate the hostel within a period of two months of crossing the income limit.

Rajiv Gandhi National Creche Scheme

Why this scheme? Increased opportunities for employment for women. To supplement household income, more and more women are entering the job market. Due to breaking up of joint family system and the increased phenomenon of nuclear

families, working women need support in terms of quality, substitute care for their young children while they are at work.

Creche and day care services are not only required by working mothers but also women belonging to poor families, who require support and relief for childcare as they struggle to cope with burden of activities, within and outside the home.

What does this scheme provide? Provides assistance to NGOs for running creches for infants (0-6 years). Assistance is provided to ensure sleeping facilities, health-care, supplementary

nutrition, immunization etc., for running a crche for 25 infants for eight hours i.e. from 9.00 a.m. to 5.00 p.m.

Women Empowerment and Livelihood Programme in Mid Gangetic Plain-

PRIYADARSHINI

It is a pilot project by Ministry of Women & Child Development. Aim

Holistic empowerment (economic and social) of vulnerable groups of women and adolescent girls in the project area through formation of Womens Self Help Groups (SHGs) and promotion of improved livelihood opportunities.

Other aspects



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Though the focus of project is on livelihood enhancement, the beneficiaries will be empowered to address their, political, legal and health problems issues through rigorous capacity building.

The programme envisages giving training to the SHG members on topics such as income generation and allied activities, marketing of products and social issues etc.

The National Bank of Agriculture and Rural Development (NABARD) is the lead programme agency for the implementation.

Sabla- Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG)

Aim

All-round development of adolescent girls of 11-18 years (with a focus on out of school girls).

SABLA scheme replaced the erstwhile Kishori Shakti Yojana & Nutrition Programme for Adolescent Girls Objective of Kishori Shakti Yojana

To improve the nutrition and health status of girls in the age-group of 11 to 18 years. Equip them to improve and upgrade their home-based and vocational skills. To promote their overall development, including awareness about their health,

personal hygiene, nutrition and family welfare and management. Nutrition Programme for Adolescent Girls

6 kg of free food grain per beneficiary per month was given to undernourished adolescent girls.

Components Two major components of this scheme are Nutrition and Non Nutrition Component. Nutrition component aims at improving the health & nutrition status of the adolescent

girls. Non-nutrition component addresses the developmental needs including IFA

supplementation, health check-up & referral services, nutrition & health education, ARSH counselling /guidance on family welfare, life skill education, guidance on accessing public services and vocational training (only 16-18 year old adolescent girls).



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National Mission for Empowerment of Women

Why this mission?

The extent of empowerment of women from a holistic and macro-point of view is largely determined by 3 factors viz. economic, social and political identity.

These factors are deeply intertwined and linked with many cross cutting linkages. It implies that if efforts in any one dimension remains absent or weak, the outcome and

momentum generated by the other components cannot be sustained. It is only when all these three factors are addressed simultaneously and made compatible

with each other can women be truly empowered. Therefore, for the holistic empowerment of women, an inter-sectoral approach has to be

adopted. The vision for socio-economic empowerment of women is to empower women

economically and socially to end exploitation and discrimination enabling them to develop their full potential to be active participants in nation building, sharing the benefits of economic growth and prosperity.

To achieve this vision, the National Mission for Empowerment of Women (NMEW) was launched.

Objectives of this mission are to ensure, Economic empowerment of women, Violence against women is eliminated progressively, Empowerment of women with emphasis on health and education, Oversee gender mainstreaming of programmes, policies, institutional arrangements

and processes of participating Ministries, institutions and organizations, and Undertake awareness generation as well as advocacy activities to fuel the demand for

benefits under various schemes and programmes and create, if required, structures at district, tehsil and village level with the involvement of Panchayats foe their fulfilment.

National Resource Centre for Women (NRCW) It had been set up with eight functional domains, namely, Poverty Alleviation, Social

Empowerment, Health and Nutrition, Gender Budgeting, Gender Rights, Vulnerable



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and Marginalised Groups, Media and Communication and Information Technology. It acts as a technical secretariat that deals with various critical issues related to women and facilitates inter-sectoral convergence across different Ministries.

It also provides technical support to the State Resource Centres for Women (SRCW) constituted in different States as part of the Mission.

It had also anchored the process of preparation and development of the National Plan of Action (NPoA) for improving child sex ratio which included organizing a series of Consultations nationwide, facilitation & preparation for the working group meetings, preparation of agenda/presentations/reports/minutes etc.

Ahimsa Messenger Programme to combat violence against women. The programme targets both men and women, including youths, to address and

eliminate all forms of violence against women and children at grassroots and facilitate social/community mobilisation to fight social evils.

Ahimsa Messengers would also serve as link workers in case of any violence and also facilitate the women to approach the concerned authorities in case of incidences of violence for suitable redressal and follow up on the case.

A unique feature of this programme is that adolescent boys have also been made an integral part of this programme.



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Rashtriya Bal Swasthya Karyakram - RBSK

New initiative launched in February, 2013. It includes provision for Child Health Screening and Early Intervention Services through

early detection and management of 4 Ds i.e. Defects at birth, Diseases, Deficiencies, Development delays including disability.

Child Health Screening and Early Intervention Services will cover 30 common health conditions for early detection and free treatment and management.

Salient Features Under the scheme, children will be screened for 30 common ailments/health

conditions. Birth defects like Down's syndrome, congenital cataract, deafness and heart defect,

deficiency conditions like anaemia, malnutrition and goitre, developmental delays and disabilities like hearing impairment and vision impairment are among the conditions for which children will be screened under this scheme.

All children in the 0-6 age range enrolled in anganwadis would be screened. Newborn children will also be screened for possible birth defects in health facilities

where deliveries take place. Children with deficiencies, disabilities or diseases would be referred to higher centres

for further investigation and treatment. National Urban Health Mission - NUHM

About NUHM

NUHM envisages to meet health care needs of the urban population with the focus on urban poor, by making available to them essential primary health care services and reducing their out of pocket expenses for treatment.

Ministry of Health and Family Welfare



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NUHM will cover all State capitals, district headquarters and cities/towns with a population of more than 50000.

It will primarily focus on slum dwellers and other marginalized groups like rickshaw pullers, street vendors, railway and bus station coolies, homeless people, street children, construction site workers.

The central government will share 80 per cent of the cost to implement the programme. Primary Health Centres, sub-centres and referral units would be strengthened in urban

areas and be manned by Auxiliary Nurse Midwife (ANMs). Objectives

NUHM would ensure the following Resources for addressing the health problems in urban areas, especially among urban

poor. Need based city specific urban health care system to meet the diverse health needs of the

urban poor and other vulnerable sections. Partnership with community for a more proactive involvement in planning,

implementation, and monitoring of health activities. Institutional mechanism and management systems to meet the health-related challenges

of a rapidly growing urban population. Framework for partnerships with NGOs, charitable hospitals, and other stakeholders. Two-tier system of risk pooling, i. Womens Mahila Arogya Samiti to fulfil urgent hard-cash needs for treatments;

ii. A Health Insurance Scheme for enabling urban poor to meet medical treatment needs. Other action

The existing Urban Health Posts and Urban Family Welfare Centres would continue under NUHM. They will be marked on a map and classified as the Urban Health Centres on the basis

of their current population coverage. All the existing human resources will then be suitably reorganized and rationalized. These centres will also be considered for upgradation.

What are Urban Health Posts? These are health care facilities.



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These are to be located in an urban slum or a group of slums or in peripheral areas. UHPs execute an integrated service delivery system including antenatal, natal and

postnatal care of mothers, immunization of children, treatment of minor ailments, and advices and services to family planning acceptors.

These were launched under the Urban Revamping Scheme. What is Urban Family Welfare?

This programme is launched to meet the needs of family planning services at the beginning of family planning programmes in the country.

This is fully sponsored scheme by the centre. Universal Immunization Programme

One of the key interventions for protection of children from life threatening conditions, which are preventable.

One of the largest immunization programmes in the world and a major public health intervention in the country.

Was introduced in 1978 as Expanded Programme of Immunization (EPI) Expanded as Universal Immunization Programme (UIP) to be implemented in phased

manner to cover all districts in the country by 1989-90. Under the Universal Immunization Programme, Government of India is providing

vaccination to prevent seven vaccine preventable diseases i.e. Diphtheria, Pertussis, Tetanus, Polio, Measles, severe form of Childhood Tuberculosis and Hepatitis B.

Pentavalent Vaccine

A combination vaccine, which includes Diphtheria, Pertussis, Tetanus, Hepatitis B and Hib (Haemophilus influenza type b).

This ensures complete immunization against five diseases. Also reduces the chances of an Adverse Event Following Immunization due to less

injection load. DPT (Diphtheria, Pertussis, and Tetanus) and Hepatitis B are already part of the national

routine immunisation programme.



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Protection against Haemophilus influenza type B (Hib), which causes severe pneumonia, meningitis and other life-threatening conditions in children less than five years of age, is a new addition.

National Iron + Initiative

This programme is for the prevention and treatment of Iron Deficiency Anaemia among different age groups.

This initiative will bring together existing programmes (IFA supplementation for: pregnant and lactating women and; children in the age group of 660 months) and introduce new age groups.

It covers treatment of mild, moderate and severe anaemia in the most vulnerable groups children (6months- 10 years), adolescents (10-19 years), pregnant and lactating women and women of reproductive age group (15-45 years) through a continuum of care approach.

What is anaemia? Anaemia is a condition in which the number of red blood cells (RBCs), and

consequently their oxygen-carrying capacity, is insufficient to meet the bodys physiological needs.

Anaemia impairs the bodys ability for gas exchange by decreasing the number of RBCs transporting oxygen and carbon dioxide.

Function of RBC RBC delivers oxygen from the lungs to the tissues and carbon dioxide from the tissues

to the lungs. This is accomplished by using haemoglobin (Hb), a tetramer protein composed of haem and globin. A

Causes of Anaemia Anaemia results from one or more of the following process: defective red cell

production, increased red cell destruction or blood loss. Iron is necessary for synthesis of haemoglobin. Iron deficiency is thought to be the most common cause of anaemia globally. Other nutritional deficiencies (including folate, vitamin B12 and vitamin A), acute

and chronic inflammation, parasitic infections, and inherited or acquired disorders



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that affect Hb synthesis, red blood cell production or red blood cell survival can all cause anaemia.

Iron deficiency anaemia results in impaired cognitive and motor development in children and decreased work capacity in adults.

The effects are most severe in infancy and early childhood. In pregnancy iron deficiency anaemia can lead to prenatal loss, prematurity and low

birth weight (LBW) babies. Iron deficiency anaemia also adversely affects the bodys immune response.

What is meant by Iron Deficiency?

Iron status can be considered as a continuum from iron deficiency with anaemia, to iron deficiency with no anaemia, to normal iron status with varying amounts of stored iron, and finally to iron overload which can cause organ damage when severe.

Iron deficiency is the result of long-term negative iron balance. Iron deficiency anaemia (IDA) should be regarded as a subset of iron deficiency, that

is, it represents the extreme lower end of the distribution of iron deficiency. Adverse effects of Iron Deficiency

The cognitive performance, behaviour and physical growth of infants, preschool and school-age children;

The immune status and morbidity from infections of all age groups; The use of energy sources by muscles and thus the physical capacity and work

performance of adolescents and adults of all age groups.



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Drugs in news

Dextropropoxyphene, Analgin, Fixed dose combination of flupenthixol + Melitracen and Pioglitazone for human use.

Dextropropoxyphene A pain reliever used to treat mild to moderate pain. It is intended to treat mild pain and also has antitussive and local anaesthetic effects.

Dextropropoxyphene is part of the opiate group of drugs. The medication alleviates mild or medium pain and is also known as propoxyphene. Opiates work by binding to receptors in the brain and causing the brain to sense less pain than it should. It alleviates both short-term and long-term pain. Also used as a drug for treatment of diarrhea. It can lead to serious toxicity to the heart even when used at approved therapeutic doses.

Recognized side effects of the drug include headache, gastrointestinal symptoms, and skin rashes. Hallucinations, dizziness, and mood issues could also occur.

An overdose of dextropropoxyphene may lead to various systemic effects. Analgin A pain killer. Novalgin (Analgin) is used in the treatment of pains of different origin and variable

intensity such as toothache, headache, visceral pain or high fever. It is also prescribed for people having severe pain after operations and the pain

associated with neoplastic disease or colicky pain. It causes sharp fall in white blood cells, a potentially fatal condition, called

agranulocytosis.

Pioglitazone An anti-diabetic drug (thiazolidinedione-type, also called "glitazones") used along with

a proper diet and exercise program to control high blood sugar in patients with type 2 diabetes (non-insulin-dependent diabetes).



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It works by helping to restore your body's proper response to insulin, thereby lowering your blood sugar.

Controlling high blood sugar helps prevent kidney damage, blindness, nerve problems, loss of limbs, and sexual function problems. Proper control of diabetes may also lessen your risk of a heart attack or stroke.

Pioglitazone is used either alone or in combination with other anti-diabetic medications (such as metformin or a sulfonylurea such as glyburide).

This medication should not be used to treat people with type 1 diabetes (insulin-dependent diabetes).

Pioglitazone has been associated with liver injury. MOM & MAVEN

MOM MAVEN Mars Orbiter Mission Mars Atmosphere and Volatile

Evolution Mission Objective To develop the technologies

required for design, planning, management and operations of an interplanetary mission.

To study the atmosphere of Mars (planets upper atmosphere) and the mission will explore things that have not been done by other countries.

Technical Objective

Designing and realisation of a Mars orbiter with the capability to survive and perform earth-bound manoeuvres, cruise phase 300 days of travel, Mars orbit insertion/capture and on-orbit phase around mars;

Deep space communication, navigation, mission planning and management; and

Incorporation of autonomous

Determine how the rate of loss of volatilessuch as CO, NO and waterfrom the Mars atmosphere to space has played through time and how it has affected the history of Mars atmosphere and climate;

Determine the current state of the upper atmosphere, ionosphere, and interactions with the sun and solar wind;

Determine the current rates of

Department of Space & Recent news in Science



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features to handle contingency situations.

escape of neutral gases and ions to space and the processes controlling them; and

Determine the ratios of stable isotopes that will tell Mars history of loss through time.

Payload The payload of a limited mass of 15 kg comprises three instrument packages: 1. Atmospheric studies package

Includes, Methane Sensor for Mars

(MSM), Lyman Alpha Spectrometer

(LAP) designed to understand the process of water loss from the planet by measuring the relative abundances of deuterium and hydrogen in the Martian atmosphere.

2. Mars Exospheric Neutral

Component Analyser (MENCA).

This instrument is of the heritage of Chandrayaan-1s Altitudinal Composition Explorer (CHACE), which had indicated the first signs of water on the moon even before the M3 instrument of NASA aboard Chandrayaan-1 did.

MAVENs three instrument suites comprise a) Solar Wind Electron Analyser

(SWEA) to measure solar wind and ionospheres electrons;

b) Solar Wind Ion Analyser (SWIA) to measure solar wind and ion density and velocity;

c) Supra Thermal and Thermal Ion composition (STATIC) to measure thermal ions to moderate-energy escaping ions;

d) Solar Energetic Particle to determine the impact of SEPs on the upper atmosphere;

e) Langmuir Probe and Waves (LPW) to determine ionospheres properties and wave heating of escaping ions and solar extreme ultraviolet (EUV) input to atmosphere; and

f) Magnetometer (MAG) to measure interplanetary solar wind and the ionospheres magnetic field.



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3. Mars Colour Camera (MCC) and the Thermal Infrared Imaging Spectrometer (TIS). The latter being important for the

study of the geology, soil characteristics and mineralogy of the planet.

g) Imaging Ultraviolet Spectrometer (IUVS) to measure global characteristics of the upper atmosphere and ionosphere.

h) The Neutral Gas and Ion Mass Spectrometer (NGIMS) package to measure the composition and isotopes of neutral gases and ions.

1. GSAT 7

Country's first advanced and full-fledged military communications satellite. To be used by Indian Navy. Launched from Kourou space port of French Guiana in South America. Rocket: Ariane 5 Utility GSAT-7/ INSAT-4F is expected to significantly improve the countrys maritime

security and intelligence gathering in a wide swath on either coasts of the Indian Ocean region.

Built to the Navys multiple-band requirements as a platform to safely link up its ships, submarines, aircraft and command from land in real time, it is also the countrys first full-fledged military communication satellite.

Until now the defence forces have used minuscule capacities on ISROs various INSAT/GSAT satellites.

UHF (Ultra High Frequency) has never been used until now in an Indian communication satellite; this gives the user (Navy) a long sweep of intelligence network, or what is called COMINT/ELINT (communication intelligence/ electronic intelligence,) on moving non-land platforms like ships.

2. INSAT 3D

Launched from Kourou space port of French Guiana in South America. Rocket: Ariane 5



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INSAT 3D is an advanced meteorological satellite. Utility INSAT-3D will add a new dimension to weather monitoring through its atmospheric

sounding system, which provides vertical profiles of temperature, humidity and integrated ozone from surface to top of the atmosphere.

The six channel imager can take weather pictures of the earth and has improved features compared to the payloads in KALPANA-1 and INSAT-3A, the two Indian Geostationary Satellites providing weather services for the past one decade.

INSAT-3D is equipped with a search and rescue payload that picks up and relays alert signals originating from the distress beacons of maritime, aviation and land based users and relays them to the mission control centre to facilitate speedy search and rescue operations.

The major users of Satellite Aided Search and Rescue service in India are the Indian Coast Guard, Airports Authority of India, Directorate General of Shipping, Defence Services and fishermen.

The Indian service region includes a large part of the Indian Ocean region covering India, Bangladesh, Bhutan, Maldives, Nepal, Seychelles, Sri Lanka and Tanzania for rendering distress alert services.

3. IRNSS IA (Indian Regional Navigation Satellite System)

Launched by PSLV. The IRNSS-1A satellite is the first of seven which will make up the Indian Regional

Navigation Satellite System (IRNSS). IRNSS would provide accurate real-time positioning & timing services over India and

region extending to 1500 km around India. It offers two services Standard Positioning Service (SPS) and Restricted Service (RS)

with encryption. The constellation will consist of four satellites in geosynchronous orbits inclined at 29

degrees, with three more in geostationary orbit. Snowflake coral (Carijoa riisei)



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It is a shallow fast-growing soft coral, is posing a major threat to the coral reef colonies in the Gulf of Mannar, Gulf of Kutch and the Andaman and Nicobar Islands.

a) What is Carijoa riisei or snowflake coral?

An alien species of soft coral originally from the tropical Western Atlantic commonly called snowflake coral or branched pipe coral.

A non-photosynthetic coral which feeds on zooplankton (tiny larvae of shellfish and crustaceans) and organic particles by capturing them with tentacles upon contact.

It is an octocoral; its polyps have eight tentacles versus six in most stony corals. b) Where does Carijoa riisei grow?

It requires firm surfaces to which it attaches using stolons root-like structures. As a passive filter feeder, it requires moderate amounts of water flow which can

be provided by wave surge, tidal currents, or long-shore currents. It does not grow in direct sunlight and is often found under ledges and under piers

in shallow water. At depths below significant light penetration, it can grow in the open on rocky

surfaces swept clean of sediment. It also grows well in turbid waters rich with zooplankton and organic matter It also grows well on artificial surfaces such as metal, concrete, plastic, rope, and

even old automobile tires c) Why is Carijoa riisei a problem?

As a highly successful invasive species, it threatens sea biodiversity by monopolizing food & space resources and by displacing native species.

Under favourable conditions, it out competes other organisms and saturates the available space.



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d) Why is Carijoa riisei so successful?

Capable of explosive growth which enables it to smother competitors. It can actually settle and grow on other stationary organisms like corals and

shellfish. Exhibits high fecundity producing hundreds of eggs per axial polyp; appears to

reproduce continuously. Has male, female, and hermaphrodite colonies capable of single parent

reproduction Also spreads via vegetative growth using horizontal runners or stolons which

are used to quickly colonize adjacent territory in all directions. Resistant to predation; only one known predator identified to date a small

nudibranch. Has a planktonic larval stage that facilitates dispersal via ocean currents Effectively feeds on a wide variety of zooplankton Habitat and dispersal aided by human activities

Aerosols

What are aerosols?

An aerosol can be defined as a system of solid or liquid particles suspended in air or other gaseous environment. Aerosols vary in size and composition, they can be naturally or manmade generated, and thus there are a wide range of them.

Sources

1. Natural Origin

90 % have natural origin. o Volcanoes, for example, eject huge columns of ash into the air, as well as sulfur

dioxide and other gases yielding sulfates. o Forest fires send partially burned organic carbon aloft. o Certain plants produce gases that react with other substances in the air to yield

aerosols, such as the smoke in the Great Smoky Mountains of the United States. o Likewise in the ocean, some types of microalgae produce a sulfurous gas called

dimethylsulfide that can be converted into sulfates in the atmosphere.



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o Sea salt and dust are two of the most abundant aerosols Sandstorms whip small pieces of mineral dust from deserts into the atmosphere. Wind-driven spray from ocean waves flings sea salt aloft. Both tend to be larger particles than their human-made counterparts.

2. Anthropogenic (Human made)

The remaining 10 percent of aerosols are considered anthropogenic, or human-made. They come from a variety of sources. Though less abundant than natural forms, anthropogenic aerosols can dominate the

air downwind of urban and industrial areas. Fossil fuel combustion produces large amounts of sulfur dioxide, which reacts with

water vapor and other gases in the atmosphere to create sulfate aerosols. Biomass burning, a common method of clearing land and consuming farm waste,

yields smoke thats comprised mainly of organic carbon and black carbon. Automobiles, incinerators, smelters, and power plants are prolific producers of

sulfates, nitrates, black carbon, and other particles. Deforestation, overgrazing, drought, and excessive irrigation can alter the land

surface, increasing the rate at which dust aerosols enter the atmosphere. Even indoors, cigarettes, cooking stoves, fireplaces, and candles are sources of

aerosols.

Effects of aerosols

They contribute to the growing levels of pollution. These particles scatter and absorb light.

o As their levels in the atmosphere increase, they can cut the amount sunlight that reaches the ground and also affect the extent to which heat from the planet escapes into space.

o Aerosols thereby have an influence on the climate. Direct effects of aerosols

o The Sun provides the energy that drives Earths climate, but not all of the energy that reaches the top of the atmosphere finds its way to the surface.



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o Thats because aerosolsand clouds seeded by themreflect about a quarter of the Suns energy back to space.

o Different aerosols scatter or absorb sunlight to varying degrees, depending on their physical properties.

o Although most aerosols reflect sunlight, some also absorb it. o An aerosols effect on light depends primarily on the composition and colour

of the particles. Bright-coloured or translucent particles tend to reflect radiation in all

directions and back towards space. Darker aerosols can absorb significant amounts of light.

o Pure sulphates and nitrates reflect nearly all radiation they encounter, cooling the atmosphere.

o Black carbon, in contrast, absorbs radiation readily, warming the atmosphere but also shading the surface.

o Organic carbon, sometimes called brown carbon or organic matter, has a warming influence on the atmosphere depending on the brightness of the underlying ground.

o Dust impacts radiation to varying degrees, depending on the composition of the minerals that comprise the dust grains, and whether they are coated with black or brown carbon.

o Salt particles tend to reflect all the sunlight they encounter. o Bright surfaces reflect radiation and cool the climate, whereas darker surfaces

absorb radiation and produce a warming effect. White sheets of sea ice, for example, reflect a great deal of radiation, whereas darker surfaces, such as the ocean, tend to absorb solar radiation and have a net warming effect.

o Aerosols, particularly black carbon, can alter reflectivity by depositing a layer of dark residue on ice and other bright surfaces. In the Arctic especially, aerosols from wildfires and industrial pollution are likely hastening the melting of ice.

Indirect effects of aerosols o They can alter climate via clouds.



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o Aerosols indirect effects typically work in opposition to greenhouse gases and cause cooling. Greenhouse gases disperse widely and have a fairly consistent impact

from region to region. Aerosol effects are less consistent, partly because of how the particles

affect clouds. Clouds form when enough water vapour condenses.

Aerosols play a critical role in the process. In fact, most clouds owe their existence to aerosols that serve as

the tiny seeds, called cloud condensation nuclei. Natural aerosolsoften sulfates, sea salt or ammonium saltsare the

most common condensation nuclei in pristine environments. Polluted air, in contrast, usually contains much higher concentrations of

water-soluble particles, which means pollution-rich clouds tend to have more numerous, but smaller, droplets. The small droplets make polluted clouds look brighter than they

would otherwise be. Just as many bits of crushed ice give light more surfaces to reflect

offappearing brighter than a solid cube of iceif the water in a cloud is divided into a larger number of smaller droplets, it will scatter more light and become more reflective.

Brighter clouds, in turn, block sunlight from reaching Earths surface, shading the planet and producing net cooling. This cloud brightening effectcalled the cloud albedo effectmay have a big impact on the climate, though only in recent years has it been possible to start quantifying the effect.

Aerosols are thought to suppress precipitation because the particles decrease the size of water droplets in clouds. However, under some environmental conditions, aerosols can lead to taller clouds that are more likely to produce lightning and strong downpours.



25

Editorials which refer Constitution

Measuring aerosols o Aerosol Optical Depth (AOD)

A measure of the amount of light that aerosols scatter and absorb in the atmosphere (and generally prevent from reaching the surface).

An optical depth of less than 0.05 indicates a clear sky with relatively few aerosols and maximum visibility, whereas a value of 1 indicates hazy conditions.

Optical depths above 2 or 3 represent very high concentrations of aerosols

Background of Article 370

Principal drafter of Article 370 Gopalaswami Ayyangar (Minister without portfolio in the first Union Cabinet). A former Diwan to Maharajah Hari Singh of Jammu and Kashmir. Why was Article 370 inserted in the Constitution?

370. Temporary provisions with respect to the State of Jammu and Kashmir

(1) Notwithstanding anything in this Constitution,

(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir; (b) the power of Parliament to make laws for the said State shall be limited to

(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948

(c) the provisions of Article 1 and of this article shall apply in relation to that State; (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification,



26

Points put forward by G. Ayyangar regarding the inclusion of Article 370 were as follows, At the time of independence, unlike other princely states, was not yet ripe for

integration. India had been at war with Pakistan over Jammu and Kashmir and while there

was a ceasefire, the conditions were still unusual and abnormal. Part of the States territory was in the hands of rebels and enemies. The involvement of the United Nations brought an international dimension to this

conflict, an entanglement which would end only when the Kashmir problem is satisfactorily resolved.

Will of the people through the instrument of the [J&K] Constituent Assembly will determine the constitution of the State as well as the sphere of Union jurisdiction over the State.

In sum, there was hope that J&K would one day integrate like other States of the Union (hence the use of the term temporary provisions in the title of the Article), but this could happen only when there was real peace and only when the people of the State acquiesced to such an arrangement. Is Article 370 still intact in its original form?

The 1950 Presidential Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State.

The subsequent series of Presidential Orders have made most Union laws applicable to the State.

In fact today the autonomy enjoyed by the State is a shadow of its former self. There is virtually no institution of the Republic of India that does not include

J&K within its scope and jurisdiction. The only substantial differences from many other States relate to,

Permanent residents and their rights; The non-applicability of Emergency provisions on the grounds of internal

disturbance without the concurrence of the State; and The name and boundaries of the State, which cannot be altered without the

consent of its legislature.



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Note: J&K is not unique; there are special provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.

Can Article 370 be revoked unilaterally? Article 370 can be revoked only if a new Constituent Assembly of Jammu and

Kashmir is convened and is willing to recommend its revocation. Parliament has the power to amend the Constitution to change this provision.

But this could be subject to a judicial review which may find that this clause is a basic feature of the relationship between the State and the Centre and cannot, therefore, be amended.

Is Article 370 a source of gender bias in disqualifying women from the State of property rights?

Article 370 itself is gender neutral. Notifications issued in April 1927 and June 1932 during the Maharajah are rule

were thought to be discriminatory. o The wife or a widow of the State Subject shall acquire the status of her

husband as State Subject of the same Class as her Husband, so long as she resides in the State and does not leave the State for permanent residence outside the State.

o This was widely interpreted as suggesting also that a woman from the State who marries outside the State would lose her status as a State subject.

October 2002 - J&K High Court Order o The daughter of a permanent resident of the State will not lose her permanent

resident status on marrying a person who is not a permanent resident, and will enjoy all rights, including property rights.

Has Article 370 strengthened separatist tendencies in J&K? Article 370 was and is about providing space, in matters of governance, to the people

of a State who felt deeply vulnerable about their identity and insecure about the future.

It was about empowering people, making people feel that they belong, and about increasing the accountability of public institutions and services.



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Article 370 is synonymous with decentralisation and devolution of power, phrases that have been on the charter of virtually every political party in India.

There is no contradiction between wanting J&K to be part of the national mainstream and the States desire for self-governance as envisioned in the Article.

Separatism grows when people feel disconnected from the structures of power and the process of policy formulation; in contrast, devolution ensures popular participation in the running of the polity.

o It can be reasonably argued that it is the erosion of Article 370 and not its creation which has aggravated separatist tendencies in the State.

Vienna Convention on Diplomatic Relations

Vienna Convention 1961

1961 Vienna Convention on Diplomatic Relations covers the privileges and immunities of diplomatic agents; the treatment that consular staffs are entitled to is laid down in the 1963 Vienna Convention on Consular Relations.

Vienna Convention 1963

Article 41(1) Consular officers shall not be liable to arrest or detention pending trial, except

in the case of a grave crime and pursuant to a decision by the competent judicial

authority.

Article 41(3) The criminal proceedings against a consular officer should be conducted

with the respect due to [her] by reason of [her] official position.

Article 43 Consular officers enjoy immunity from jurisdiction of the receiving State in

respect of official acts.

Retaliatory measures by India

India has reportedly taken the following retaliatory measures, i. removal of security barricades around the U.S. Embassy in New Delhi,

ii. withdrawal of airport passes and import privileges iii. identity cards issued to U.S. diplomats to be turned in and



29

iv. refusal by several leaders including the Speaker of the Lok Sabha and the National Security Adviser to meet a visiting U.S. Congressional delegation.

Does the above measures are in line with International law?

Steps like reducing security measures at diplomatic premises and embassies violate

international law.

Article 22(2) Vienna Convention 1961 It imposes a special duty upon the host State (i.e., India) to take all appropriate steps

to protect the premises of the mission against intrusion or damage, or disturbance of peace

or impairment of its dignity.

Is Indias step of re-designating Ms. Devyani Khobragade as a diplomatic agent to the

U.N., with a view to bring her under diplomatic immunity correct?

No

It may be viewed internationally as an abuse of the international legal process, given that Section 14 of the 1946 Convention on the Privileges and Immunities of the United Nations (which governs immunities of representatives of the Members to the U.N., since the 1961 Convention is silent on it). What does Section 14 states?

Privileges and immunities are accorded to the representatives of Members not for the

personal benefit of the individuals themselves, but in order to safeguard the independent

exercise of their functions in connection with the United Nations. Consequently, a Member

not only has the right but is under a duty to waive the immunity of its representative in any

case where the immunity would impede the course of justice, and it can be waived without

prejudice to the purpose for which the immunity is accorded.

A sugar rush that could fuel the economy

Indias Oil Import bill for the year 2012: $144 billion.

How to reduce petrol consumption?

Use ethanol as fuel. Brazil has already implemented the above option successfully.



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They had redued petrol consumption by 30 per cent. But how?

All new cars produced in Brazil have flexi-fuel engines. They run on

100 per cent ethanol or 100 per cent petrol or Any combination of the two.

In addition, there is a 20 per cent mandatory ethanol addition to petrol. About Brazil

Brazil is the global leader with 16 million of the worlds total 27 million flexi-fuel vehicles in December 2011.

Brazil uses ethanol in motorcycles, light commercial vehicles and even agricultural aircraft.

It is now experimenting with ethanol in buses, trucks, tractors and harvesters. Indigenously-developed sugar cane diesel is now used in some Sao Paulo

buses. The Brazilians are now moving into cellulosic ethanol technology, which uses

waste material and bagasse from sugar mills. The use of fuel ethanol has created a synergy between the agriculture

and energy sectors and a win-win for farmers, industry and government. It has also improved the quality of air in Brazils cities as ethanol is less

polluting than petrol. Oil crisis of Brazil

How did Brazil do it? In 1974, hurt by the oil crisis, the government brought together all stakeholders

- sugar cane farmers, sugar mills, car manufacturers and oil companies besides the ministries of agriculture, industry and energy.

Formulated a policy that would ensure energy independence. Government then oversaw its implementation rigorously as a strategic priority. It provided three important initial drivers:



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guaranteed purchases of ethanol by the state-owned oil company Petrobras,

low-interest loans for sugarcane farming and ethanol production, and fixed gasoline and ethanol prices.

The policy has evolved over the years through learning from experience. Today, fuel ethanol is the centrepiece of Brazils energy, agricultural and

industrial strategy and Brazil is a role model for the world. The success of the policy has encouraged the oil companies to become stakeholders

in ethanol production in Brazil. Multinational oil companies such as Shell and traders like Louis Dreyfus and Bunge

have invested in ethanol, besides Petrobras, the state oil company. Conscious of the cyclical nature of sugar cane production and weather risks, the

government has a flexible policy of exporting the product when there are surpluses and importing during times of shortage.

Brazil is working quietly to create a global ethanol market with standardisation of specifications and market mechanisms in collaboration with the U.S.

It is also encouraging and collaborating with other Latin American and Caribbean countries to produce fuel ethanol.

Brazilian ethanol companies have started investing in other countries. How about India?

India has the potential to replicate the success of Brazil. We are the second largest producer of sugar cane in the world. The risk and investment involved in ethanol production is far lower than in oil

exploration and production. In 2006, the government of India launched a programme of five per cent mandatory

ethanol blending. But it has not taken off largely because the oil companies have shown little interest

in ethanol. They offer unattractive prices to local ethanol suppliers even as they pay top dollar

for foreign oil supplies.



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The ethanol producers naturally prefer the better prices offered by chemical and alcohol companies as well as foreign importers.

It is a mistake for our government to have held the ethanol policy hostage to this conflict of interest between the oil and the sugar companies.

How it can be done? Mandatory blending should be increased to 10 per cent immediately, with the

target of 20 per cent in the next three years. New Delhi can compel the oil companies to invest in ethanol production, so

they have a stake in its development. The car manufacturers too must be brought on board to modify the engines.

Some foreign car makers in India such as Ford, GM, Volkswagen, Honda, Toyota, Renault and Fiat are already producing flexi-fuel cars in Brazil, and can easily do so in and for India.

Benefits of Ethanol usage

It has multiple benefits for India besides reducing petrol consumption. We will save on foreign currency. Money will stay with Indian farmers and industry in rupees instead of the dollars

that foreign oil suppliers receive. Ethanol will help farmers sustain their income during the cyclical bumper harvests. Lower sugar prices. India will reduce its trade deficit and foreign exchange outflow. Will be less pollution. Most importantly, fuel ethanol will be a sustainable, long term, India-centric

solution.

NOTA None Of The Above

Background of this issue

2001

o Election Commission of India (ECI) approached Law Ministry to,



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To amend the rules to provide for a button in electronic voting machines in order to protect the identity and secrecy of a voter who does not want to vote for any candidate.

That was the equivalent of the unmarked ballot paper of the earlier era. ECI received no response to the proposal. Although the Minister in charge needed neither the Union Cabinets nod nor

Parliaments assent. 2004

o The then Chief Election Commissioner, T.S. Krishnamurthy, reiterated the proposal after christening the button as none of the above (NOTA).

o But mentioned that it was to to enable a voter to reject all the candidates, if he chooses so.

2009

o The case came up for hearing in SC. o The protagonists for the no vote button need it to be as an attribute of rejection

of candidates. o Why government did not want this option?

This would create a negative impact in the short run. It may lead to the demand for a right to reject candidates and seek fresh

elections. Hence, it sought to get the petition dismissed. Why? The right to vote was not a constitutional right but only a statutory right. Thus the petition filed under Article 32 was not maintainable and so

should be thrown out. What does Article 32 say? o It mentions about Constitutional Remedies for the enforcement of

Fundamental Rights. 2013

Peoples Union for Civil Liberties v. Union of India

o SC ruled in favour of NOTA.



34

The Court has directed the Election Commission to provide the None of the Above (NOTA) button in the electronic voting machines (EVM).

It held that secrecy is an essential feature of free and fair elections and Rule 49-O of the Election Conduct Rules, that requires for a voter choosing to abstain, to record his name in the Register of Voters (Form 17-A), violates that requirement.

Note that there is no change to the first-past-the-post system. That is, the winner will be the candidate with the highest number of votes,

even if this number is less than that polled by the NOTA option. It will only enable a voter not to vote in favour of any candidate. So the votes recorded against this button will have the same fate as the

invalid votes of the ballot paper era. It would have no role in determining the winner. Quote from the verdict

Democracy is about choice. This choice can be better expressed by giving the voters an opportunity to verbalise themselves unreservedly and by imposing least restrictions on their ability to make such a choice.

As per SC NOTA, o gives the voter the right to express his disapproval with the kind of

candidates that are being put up by the political parties. o Is voting a statutory right or Constitutional right? SC in its judgement gave a clear definition to these two. They are, The right to vote was confirmed as a statutory right. The act of exercising that right by the casting of a vote is confirmed as a

constitutional right as enshrined in Article 19(1)(a), the right to freedom of speech and expression.

What did SC say about Negative Voting? Not allowing a person to cast vote negatively defeats the very freedom of

expression and the right ensured in Article 21, i.e., the right to liberty. Why NOTA is considered to be important?



35

If parties keep imposing tainted candidates on voters, the electorate can hit back with NOTA.

A time will come with demands for fresh election with a fresh set of candidates if, in the first election, NOTA scores the highest votes.

Judicial Independence

But when politicians talk thus, or act thus without talking, it is precisely the time to watch

them most carefully. Their usual plan is to invade the constitution stealthily, and then wait

to see what happens. If nothing happens they go on more boldly; ..Their one and only

object, now and always, is to get more power into their hands that it may be used freely for

their advantage, and to the damage of everyone else. Beware of all politicians at all times,

but beware of them most sharply when they talk of reforming and improving the

constitution. H. L. Mencken, in The Constitution 1993

Advocate on Record Association v. Union of India

The judgement of SC was that, o Supreme Court which could select and appoint its own personnel. o The decision was welcomed by most sections of society. o It was perceived as a welcome step in securing the independence of the

judiciary. SC in past cases where it utilized its powers in its independence,

o Court monitoring the 2G spectrum scam, o Tackling the mining mafia, o Calibrating to ensure the end of manual scavenging, and evolving principles

for distribution of state largesse. o It has issued scathing indictments of police atrocities. o It has read benevolent drug pricing into the patents regime.

The Constitution (120th Amendment) Bill, 2013



36

Features of this bill, Aim

o Provide a meaningful role to the executive and judiciary to present their view points and make the participants accountable while introducing transparency in the selection processes.

The amendment creates a Judicial Appointments Commission (JAC). o It is modelled on the U.K. Judicial Appointment Commission. o What are the features of U.K JAC?

It excludes politicians and those connected with politics from being part of the JAC.

This is done in order to secure the independence of the judiciary. Features of Indian JAC

o It has six members. The composition of members are, The JAC has the Chief Justice of India and two senior most judges. Law Minister and two eminent persons. Thus bringing the non-judicial component to three out of six members.

How the eminent persons are selected? Those two members are elected by,

o The Prime Minister, o The Leader of the Opposition and o Chief Justice. Here the judicial component is one out of three.

o Other notable feature The JAC is vested with the power to recommend persons for

appointment of the Chief Justice of India. This means the rule of seniority has been given the go-by. Every eligible senior judge will now face a direct threat to being

superseded from being appointed as Chief Justice. The opinion of the government and the Chief Minister of the State in the

appointment process can be sought.



37

This again raises the risks of political appointments which in turn jeopardises independence.

The composition of the JAC is not a part of the Constitution. It can be altered or modified with a simple majority in Parliament.

o A body with such immense powers of appointing members of the higher judiciary (enjoined constitutionally to be separate and independent) being determined and constituted by a simple majority in Parliament, does not display constitutional wisdom.

SC Advocates on Record Association v. UOI o What does the above case say?

The independence of the judiciary is reflected by giving primacy to the opinion of the Chief Justice of India in matters of appointments and transfers.

What are the pernicious features of JAC?

What does Article 124A deals with?

124. Establishment and constitution of Supreme Court

(1) There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of

the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years: Provided that in the case of appointment of a Judge other than the chief Justice, the chief Justice of India shall always be consulted: (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed rom his office in the manner provided in clause ( 4 ) (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and



38

(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4). (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.

1. Composition of JAC shall be modified or altered by Parliament by an ordinary law

(Article 124A).

a. This configuration of six members is not part of the Constitution and is not constitutionally entrenched.

b. The JAC can be packed by pliant elements in future by the executive even by an Ordinance and the JAC can recommend non-meritorious persons even on the basis of caste, religion or loyalty to the government.

c. The appointment of the CJI, the CJ of High Courts, and judges of the Supreme Court and the High Courts and transfer of High Court judges are to take place on the recommendation of the JAC.



39

i. Thus, a JAC can, even by a majority, recommend a junior judge of the Supreme Court to be a CJI or even a Chief Justice or judge of the High Court can be recommended to be the CJI. Further, with six members as contemplated in the JAC, a casting vote for the CJI is essential.

2. Secondly, there is no provision recognising the convention that the senior-most

Supreme Court judge will be appointed as the CJI (unless physically impaired).

a. This was a constitutional convention adhered to from 1950. b. Except for the two super sessions concerning Justice A.N. Ray and Justice

M.H. Beg. c. Such a provision will prevent lobbying and will preserve collegiality in the

apex court.

3. The JAC Bill provides that the Central government will appoint the officers and

employees of the Commission, making its secretariat a government department.

a. How the officials & personnel should be appointed?

i. The officials and personnel of the Commission should be appointed in the same manner as those of the Supreme Court (Article 146), viz. by the CJI or such other judge or officer of the court as he may direct.

ii. What is Article 146? b. What happens if they arent appointed as mentioned above?

i. There are many ways of making the JAC dysfunctional.

146. Officers and servants and the expenses of the Supreme Court

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the offices and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the court shall form part of that Fund



40

ii. In addition, the confidentiality and secrecy of the JAC deliberations cannot be maintained.

iii. The importance of an independent secretariat is a sine qua non for an independent and politically neutral JAC.

4. All expenses including salaries, allowances and pensions should be charged upon the Consolidated Fund of India as provided for the Supreme Court and the High Courts (Article 146 and 229).

a. The JAC must be financially independent of executive budgetary control.

Different systems around the world

1. United States

Requires politicians to both nominate and approve appointments. 2. Germany

Slight modification of U.S. system. It requires of a two-thirds majority for the approval of a candidate.

Therefore, the candidate must necessarily be acceptable to divergent political segments. Hence the chances of political partisanship are eliminated to a great

extent. 3. South Africa

It is highly politicized. The selection panel consists of 15 politicians and eight lawyers. It has the ingredients necessary for the erosion of judicial independence.

4. U.K

Has a clear edge to secure the independence of the judiciary as its composition is dominated by non-politicians.

Lays importance on judicial independence with a wider consultative mechanism.

JAC constitution of UK is mentioned above. Federalism Bifurcation of States



41

Reorganisation of states at Independence

India witnessed Partition, accompanied by violence, bloodshed, and forced mass migration.

There were several kinds of States namely Parts A, B and C. There was need to reorganise all states and integrate the 552 princely states. So consent of every State or Unit to altering the boundary, reorganisation would have

become an excruciatingly difficult exercise. Hence, our constitution makers didnt include the clause for States consent in Article

3. Our nation-builders were wise in drafting the Constitution to suit our requirements. What does Article 3 mentions?

Union Government and its policies of bifurcation

Prior consent of the state legislature is not mandatory. In practice care has been taken to obtain consent, or to act only on the express request

of the state. o Every state has been formed with prior consent. o In most cases after a detailed, impartial examination by an independent

commission. o Only in the case of Punjab, there was no legislature at the time of dividing the

State in 1966. But there was a broad consensus among stakeholders and there was no

opposition. Union Government rejected the notion that anything could be done to alter

boundaries, as it is not expressly prohibited by the Constitution. The 1956 reorganisation was based on the fundamental principle of language; there

was broad national consensus on the issue. The framers of the Constitution did not intend to give Parliament arbitrary powers to

redraw boundaries. Also the successive Parliaments and governments didnt act unilaterally or arbitrarily

without consent, broad consensus or negotiated settlement. Article 3 & 4



42

Enables provisions empowering Parliament to act in an exceptional situation, o When national interest warrants it, or o To settle marginal boundary disputes between states when they are recalcitrant

and o The efforts to reconcile differences and arrive at a settlement fail.

After 1987

In every case of state formation, the consent of the state legislature was obtained. o The broader principle of federalism and o The willing consent of constituent units and their people has been deemed to

be necessary before a state is formed or a territory merged. Except in the situation where overwhelming national interest demands

action by Parliament. o The procedure was observed in creating Jharkhand, Uttaranchal and

Chhattisgarh in 2000. Dr. Ambedkars reply to the debate in the Constituent Assembly on states rights

The charge is that the Centre has been given the power to override the States. This charge must be admitted. But before condemning the Constitution for containing such overriding powers,

certain considerations must be borne in mind. o The first is that these overriding powers do not form the normal feature of the

Constitution. o Their use and operation are expressly confined to emergencies only.

Bommai case & Article 356

Article 356 was almost made as a dead letter. What does article 356 mentions? The Finance Commissions recommendations are not binding on Parliament and

government. Every Finance Commission in respect of devolution of resources have been accepted

and implemented. Most of the tax revenues of the Union are being treated as the divisible pool.



43

o A fixed proportion of it is shared with states as decided by the Finance Commission.

o States are now more in control of their economic future. States and its functioning principles

States cannot act as they please, or that their territorial integrity is inviolable. There is one nation and one citizenship concept. States exercise limited sovereignty.

o The Constitution did not intend to make India a unitary country. o Nor the states functioning as municipalities, where their survival is dependent

on the will and whim of the Union government. o Nor did the operation of our Constitution over the past 63 years suggest a de

facto unitary state. o In fact, federalism has been deepening in India, in keeping with global trends.

What would happen if states are bifurcated without consent?

If such an arbitrary decision becomes a precedent, o Any state could be divided. o Boundaries that can be altered without consent, and without a negotiated

settlement. This will effectively convert states into municipalities, and India into a

unitary state. Neither the Constitution-makers nor nation-builders intended such an

outcome. And Indias future will be in peril if such an effort is made.

Name: Devaraj Subramanian Reference

1. www.Thehindu.com



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2. www.Indianexpress.com 3. www.pib.nic.in 4. www.Timesofindia.indiatimes.com 5. www.ibnlive.in.com 6. www.ndtv.com 7. www.downtoearth.org 8. www.nasa.gov

Documents

Pib Year End Docs of Ministries Devaraj