Doubts in GS

[yoshimitsu]

We can ask different doubts and questions in this thread .

[yoshimitsu]

can anyone clarify me whats the difference between separate electorate and communal award ??

[ias2014]

The Communal Award was made by the British Prime Minister Ramsay Macdonald on 16 August 1932 granting separate electorates in British India for the Forward Caste, Lower Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Untouchables (now known as the Dalits) etc.

According to it, separate representation was to be provided for the Forward Caste, Lower Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Dalits. The Untouchables were assigned a number of seats to be filled by election from special constituencies in which voters belonging to the Untouchables only could vote.

[yoshimitsu]

Jul 11, 2014 14:18:00 GMT 5.5 ias2014 said:

The Communal Award was made by the British Prime Minister Ramsay Macdonald on 16 August 1932 granting separate electorates in British India for the Forward Caste, Lower Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Untouchables (now known as the Dalits) etc.

According to it, separate representation was to be provided for the Forward Caste, Lower Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Dalits. The Untouchables were assigned a number of seats to be filled by election from special constituencies in which voters belonging to the Untouchables only could vote.

Sorry but still not clear whats the difference. 

[Dr. Yatri Thor]

Communal award - awards/rewards, gifts based on communal identity - in Indian context, separate electorates was one of the award given based on the communal identity of the voters

Separate electorates - democratic right of voting based on separate identity of voters (Hindu, Muslims etc)

[yoshimitsu]

Why reservation done in state public service exams for state residents is not the violation of article 16 ??

[Dr. Yatri Thor]

because of claus 3 in the article

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment

[yoshimitsu]

Jul 12, 2014 13:45:24 GMT 5.5 Dr. Yatri Thor said:

because of claus 3 in the article

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment

Only parliament has this power not not state legislature and in my knowledge parliament has not made any such law.

[avi]

The Constitution of India states in article 16(4): "Nothing in [article 16] or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes."


Article 46 of the Constitution states that "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."

[silentbang]

There are 4 types of Fronts , viz. Stationary , Warm , Cold, Occluded Front.. Can you pls explain What is meant by Stationary Front..

[yoshimitsu]

Jul 12, 2014 15:31:40 GMT 5.5 avi said:

The Constitution of India states in article 16(4): "Nothing in [article 16] or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes."


Article 46 of the Constitution states that "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."

sorry but you have not read my doubt clearly. I was asking about reservation on the basis of residence.

[yoshimitsu]

Another doubt : Under article 262 parliament has enacted inter state water dispute act. According to which neither supreme court nor any other court have jurisdiction in respect of any water dispute referred to tribunal. But my memory says that supreme court has given judgments in various such disputes. Clarify me where I am wrong.

[avi]

In stationery front both cold and warm fronts balances each other and neither of them is capable to replace other. However in later time either warm or cold can replace other

[Don Quixote]

Jul 13, 2014 14:33:24 GMT 5.5 yoshimitsu said:

Another doubt : Under article 262 parliament has enacted inter state water dispute act. According to which neither supreme court nor any other court have jurisdiction in respect of any water dispute referred to tribunal. But my memory says that supreme court has given judgments in various such disputes. Clarify me where I am wrong.

If I recall correctly, in all such cases the SC only gives temporary reprieves/stay orders till xyz conditions are met / if improper procedure is followed, or principals of natural justice are not applied (say one state is not heard adequately, etc.); it is never a case of the SC making an award on water sharing, but upholding the tribunal's order or referring back to tribunal with certain conditions, etc.

[yoshimitsu]

President : He should be qualified for election as a member of the lok sabha
Vice President : He should be qualified for election as a member of the rajya sabha
Why different terms lok sabha and rajya sabha are used in constitution ??

[avi]

The parliament consists of President & Two Houses namely Rajya Sabha (Upper House, Council of States) and Lok Sabha (Lower House, House of People).

The President & Vice-President are "in-directly" selected by Electoral College comprising members of both Lok & Rajya sabha (It is generally observed that both president and VP are from ruling party as the electoral college has their majority).

The Vice President should be qualified for election as a member of the rajya sabha because he is the ex-officio chairman of Rajya Sabha by constitution.

However, President should be qualified for election as a member of the lok sabha because Council of Ministers with Prime minister work under his guidance.

[leonidus]

Didn't know where to ask this question therefore I am posting in it.
I am really confused about joining coaching in Delhi.can anybody suggest me-
Is it necessary to join coaching..?
If I don't join then how will I be able to judge my preparation level..??
Sitting in a room away from 'competition type maahaul' sahi hoga..??
Please anybody guide me...it would be very helpful.

[Deleted]

This isn't a doubt actually. this article is from Business Standards column...i didn't fully agree with it so wrote my response...

T N Ninan: The law without limit
Whatever the cost and consequences, the law must be followed. Of course
No fewer than 218 coal mining leases have been declared illegal, some dating back to 1993. Scores of other iron ore and manganese ore mines have been shut in four states (Karnataka, Goa, Jharkhand and Odisha) - on court orders again, or on the basis of enquiry by a judge. Earlier, 122 telecom licences were cancelled by the court. All of these have resulted in, or could now result in, the shutting down of operating businesses - with easily understandable implications for banks that have lent them money, employees working there and investors. Whatever the cost and consequences, the law must be followed. Of course.

The question in my mind is this: has any court gone into the circumstances in which the finest iron ore mines in the country were given to Jamshetji Tata more than a century ago? If no proper procedure was followed at the time, shouldn't those leases to Tata Steel be declared illegal? And since Tata Steel has enjoyed a cost advantage for over a century because the excellent quality of its iron ore has helped it make the cheapest steel, shouldn't the benefits of that unfair advantage be shared with the state - with retrospective effect? How much should the company cough up? The Competition Commission has given us a method. It has asked car companies to pay two per cent of their turnover for overcharging on spare parts, making for a total of Rs 2,545 crore. Perhaps Tata Steel could be asked to cough up two per cent of its turnover from 1912, or whenever it began production.

This is the law being an ass, as a Dickensian character said. If no one knows when some regulatory issue from the hoary past will rise from the mists of forgotten time and give them a bullet shot through the head, how are businesses to function? Reports say disinvestment decisions of 2002 are to be re-examined for criminality. So if it can be established that tax favours were done to help primarily one businessman in the Budget of 1987, say, will the state now ask the company to make good that money, with interest and penalty, from 1987? And what about all the officials and ministers who dished out these favours over the decades? Shouldn't action be taken against all of them? Like the hapless P C Parakh, shouldn't they be pulled out of retirement (or better still, their graves) and hauled to account?

Someone should look at this from the viewpoint of a company that applied in the normal course for a mining lease. How does it know whether due process was followed by the government? If no collusion or criminality can be laid at the company's door, why should it pay any penalty for someone else not doing his paperwork properly? Right now, hundreds of mining leases are being renewed in many states, so that mines closed on court orders can re-open. Do we know that all of them are doing their paperwork properly? If not, will the leases be cancelled the day after tomorrow?

Like the idea of giving the Bharat Ratna to Subhas Chandra Bose, or even (someone might suggest) the Buddha or Chandragupta Maurya, there should be a law of limitations that imposes a time limit on how far back you can go to unearth past crimes, or redress past injustices. If not, we could claim countless billions (perhaps trillions, in inflation-adjusted money) from the Brits as reparations for colonial depredations. Time limits on undoing past injustices or for pursuing past crimes are not a novel idea, they exist in many fields of law, including tax law - except that a recent finance minister had the wisdom to extend the possibility of retrospective action from six years to 16. If you don't remember the details of your tax filings of 1998, you could be in trouble, you know.


My response:
The article is very correct in highlighting the how the Supreme Courts judgement pertaining to spectrum allocation coal block allocation is likely to frighten and dissuade the enterprenuers. And will result in impacting country’s business attractiveness and overall business sentiment

But the view seems to be biased as it outrightly ignores the positive fall outs of the judgement. These fallouts could include the more cautious approach of the current and future governments in following the procedure of law and formulating one where it is not in place. Given the current needs of economy no sensible government keen for a long tenure can neglect these issues. The issues of transparency, good governance become all the more important give the current level of awareness among the citizenry.
One should welcome the Supreme Courts judgement, because following of procedure of law, the transparency in allocation of natural resources will only boost up the investors confidence and hence will promote investment of which the country is in dire need of.

Lastly, the issue of “law without limit” this doesn’t seems to be a very significant one. Indeed the Supreme Court alone has the original jurisdiction over any pre constitutional treaties, agreement, conventions and like. And we should have faith in the judicial prudence. Given that its sensibility towards current economic scenario, it hasn’t scrapped any of those allocations. It stopped short of declaring them illegal and arbitrary.

plz give ur feedback guys...

[avi]

Stationary Fronts creates, when two air masses having temperature difference , stands still and having low pressure zone in between them.

[Don Quixote]

@nkit,

1. I do agree with the author on the point that one needs a specific time limit, else one can go back digging into the past making any business unworkable. The retrospective taxation case is a good reminder of it. Unless there is a blatant violation of principles of natural justice, merely citing lack of following due process cannot be made an excuse to term an action in the past as illegal, as the author shows with the example of mine allotment to the Tatas a century back.

2. The issue of law/time limit, is also significant, because that is what prevents most vexatious litigations in general; this doesn't infringe on the SC's original jurisdiction in such matters. Remove the time limit clause and you will have people filing suits (now) to compensate for some wrong done 50, 100, 500 years into the past. Hypothetical, can you bring to book the Nizam's descendants now for the atrocities committed during the Razakar movement?

3. Having said that, in the specific instance, we should wait for the final verdict to be out, as the SC has merely said that the allotments would be illegal, but stopped short of saying they have been cancelled thus.

[Lisbeth Salander]

@nkit
I was reading about the adverse impact of the SC's judgement on SAIL and Tata Steel and I couldn't help but empathize with them. I've had some exposure in the manufacturing sector and I can understand how the stoppage of coal or the fuel in question affects the production in various power plants as well as manufacturing. At this crucial juncture when India needs more of manufacturing if we stop whatever little power supply they have, we would be facing a major economic crisis.
Regarding SC's jurisdiction, every case should be considered as unique. The final decision must be taken after considering the overall effect that it has on our already burdened economy.

[Deleted]

@don

relating to executives: i am also not in favor of retro taxation, as it severly undermines the trust. govt should follow a predictable policy.
and regarding judciary: judiciary, prior to admitting any litigation goes into the relevance of the matter. It does not entertains each and every PIL brought to it. Moreover what it does is goes into the issues and analyzes it from the point of view of constitutionality, and its adherence to rule of law. so for sure i don't think judiciary will take up the stupidest of the issues.

Lisbeth Salander

true. India needs coal, and any ban/restriction will not augur well for the business. but besides the macro-economic issue, i think, we should dwell at the deeper issue of rule of law, which constitutes the basis of our, for that matter any, democratic sys.
wouldn't it be a wrong precendent to excuse rule of law, just for economic contingencies?
also its not the politics only which is infected with corruption. there is a collusion among politicians-business-civil servant.
lastly, as the central govt himself has requested SC to not abrogate the licences for 46 mines out of 218 total, it shows that rest 172 are still caught up somewhere at the clearence stage itself. so the remedy lies not in retaining the licences but correcting the anamoly at the level of clearences, so as to facilitate rapid clearences.
and for the time being till those issues get addressed, govt can obviously arrange for sourcing coal from international market, (the recent agreement with Australia is a good example).

now, that makes pretty clear that i am hell bent to stick to the rule-of-law, but sorry can't help that. btw u guys can plz tell whether UPSC will like this flavour or not. if not, i will try to mend my writings appropriately

[Lisbeth Salander]

@nkit
You don't have to defend your stand for Rule of Law. I have written Mains with Pub Ad as optional and I've experienced that 'hell-bent' attitude. But in my opinion, we should be able to examine every issue critically. Let's say we're asked to critically examine the SC's judgement. We cannot write in the answer that since the matter is sub-judice we refuse to take a stand. So if I were to write an answer I would look at the macro-economic aspects as well as the rule of law and of course favor the latter.

Just try to look at an issue from various perspectives and how the different stakeholders are getting affected. For eg. here we also need to consider the retrenchment of the workers. I feel the examiner would be happy if we can include a no. of points in the answer and not simply write about the rule of law. This is my opinion.

[Deleted]

Sept 6, 2014 20:34:32 GMT 5.5 Lisbeth Salander said:

@nkit
You don't have to defend your stand for Rule of Law. I have written Mains with Pub Ad as optional and I've experienced that 'hell-bent' attitude. But in my opinion, we should be able to examine every issue critically. Let's say we're asked to critically examine the SC's judgement. We cannot write in the answer that since the matter is sub-judice we refuse to take a stand. So if I were to write an answer I would look at the macro-economic aspects as well as the rule of law and of course favor the latter.

Just try to look at an issue from various perspectives and how the different stakeholders are getting affected. For eg. here we also need to consider the retrenchment of the workers. I feel the examiner would be happy if we can include a no. of points in the answer and not simply write about the rule of law. This is my opinion.

thanks Lisbeth Salander