Govt’s nod not required to investigate corruption charges

Govt’s nod not required to investigate corruption charges on senior bureaucrats: Supreme Court
As per the Supreme Court, the legal provision which makes approval of competent authority mandatory for CBI to investigate a corruption case against an officer of joint secretary-rank or above is invalid and unconstitutional and has the propensity of protecting the corrupt. The judgement was delivered after the court examined Section 6A of the Delhi Special Police Establishment Act (DSPEA), which shields top bureaucrats from being probed in corruption cases without prior approval.

Key observations in the judgment by the SC:

The requirement of Central Government’s approval to probe corruption charges against officer of the rank of joint secretary and above under the Prevention of Corruption Act (PCA), is invalid and violates Article 14 of the Constitution.
Equal treatment of corrupt public servants for the purpose of inquiry of offence under the PCA, irrespective of the rank they hold.
Prior approval under Section 6A would result, indirectly, in obstructing the probe and if the CBI is not allowed to carry on the preliminary inquiry how the investigation can proceed.
The issue of protection from inquiry against senior bureaucrats had come under the scanner of the SC 17 years ago when the Centre’s argument was scrapped that being policy makers, they required protection from frivolous complaints. The first petition in filed in 1997 had contested that execution of criminal law gets affected due to the presence of Section 6A in the statute.

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Indian Army conducted “Sarvada Vijay” combat drill in West Rajasthan as part of regular training aimed at honing war-fighting skills in temperatures as high as 45 degree Celsius. Composite infantry and mechanized forces practised swift manoeuvres as part of the air – land battle.

Networked radars, Unmanned Aerial Vehicles and aerial surveillance platforms ensured continuous flow of information resulting in battlefield transparency which enabled Commanders to assess and suitably modify their operational plans to meet the emerging challenges. Mobile communication systems integrated with terrestrial network provided efficient communication during manoeuvres.

Issues of antibiotic resistance
For too long, humankind has taken for granted the antibiotics that have held dangerous germs at bay. It was only about 70 years ago that penicillin, the world’s first antibiotic, came into widespread use and revolutionised medicine. Its discoverer, Alexander Fleming, who won the Nobel Prize for his work, presciently warned that disease-causing organisms would become resistant if the drug was improperly used. And that is just what has transpired. Although more antibiotics were subsequently discovered, these drugs have been given with such profligacy that pathogens resistant to them have evolved and spread with alarming rapidity. ‘Superbugs’ resistant to almost all antibiotics have become a problem, raising worries of a return to the bad old days if much greater care was not exercised when prescribing existing drugs and sufficient encouragement for finding new ones was lacking. Now, with its first global report on antimicrobial resistance, the World Health Organization has added its voice to the chorus of concern. The report has documented how bacterial resistance to antibiotics, including those of last resort, is a major health issue confronting all regions of the world. Without urgent, coordinated action, “the world is headed for a post-antibiotic era in which common infections and minor injuries, which have been treatable for decades, can once again kill,” Keiji Fukuda, the health agency’s Assistant Director-General for Health Security, has warned. The report also calls for greater emphasis on preventing infections from occurring, such as with better hygiene and by improving access to sanitation and clean water.

For India, preventing antibiotic resistance from spiralling has to be a matter of urgency. The healthcare burden placed by bacteria such as Escherichia coli and Klebsiella pneumoniae, which have become resistant to many antibiotics and cause difficult-to-treat infections, is already quite substantial. Bacteria that have acquired a ‘New Delhi metallo-beta-lactamase (NDM)’ gene are resistant to even last-resort carbapenem antibiotics, forcing doctors to turn to colistin, a drug that is more than 50 years old. Halting the indiscriminate use of antibiotics is vital. The Union Government has taken an important first step in that direction by introducing a stringent rule that prohibits medical stores from selling 24 key antibiotics without a doctor’s prescription. Much more needs to be done, including getting doctors to prescribe antibiotics only when essential. Hospitals must pay attention to proper infection control. In a country so large and populous, with widely differing levels of healthcare reach, curbing the rise of antibiotic resistance is not easy. But it must be done.

Privatising professional education
Professional education can now be left to the private sector to provide education to those who can pay for it. Else, government scholarships can be provided

Both Satya Nadella, who succeeded Steve Ballmer at Microsoft in February, and Rajeev Suri, who was appointed as Nokia’s new Chief Executive Officer this month, are alumni of the Manipal Institute of Technology, now being called “the other MIT.”

While Indian engineers from institutes other than the Indian Institutes of Technology (IIT) are now going to places where no IITian has gone before, IITians like Arvind Kejriwal and Ashok Khemka, whose education was funded by Indian taxpayers, are redefining Indian politics and administration. Even IIT’s poster boy, Nandan Nilekani, is attempting to make a foray into politics, therefore proving that many from the institute, educated at the public’s expense, have abandoned their core training as engineers and doctors. On the other hand, engineers like Mr. Nadella and Mr. Suri, whose education did not burden the taxpayer, are attempting to redesign software and cloud computing on a global scale. Others whose education has been privately funded continue to remain true to the disciplines that they were trained for. They are the backbone of India’s technical prowess.

Privately funded institutions

India may have come to a stage where it needs to invest in upgrading its school education. Professional education could, on the other hand, be largely privatised, and public-funded higher education could be made available to the talented poor in the form of scholarships and monetary assistance. There may be no need to create new taxpayer-funded institutions.

Privately funded professional educational institutions started as an unintended consequence of two social evils: dowry and caste/community-based reservations. The home of capitation fee, Manipal, was earlier part of the Madras presidency. Madras’ caste/community-based reservations date back to the British period. Faced with a strong self-respect movement, British administrators decided that all communities should be represented in educational institutions.

At that time, the Brahmins and Bunts of South Canara were allocated only one medical seat per year. However, doctors in the Bunt community were highly valued in the dowry market and this demand and supply mismatch needed to be rectified. The solution to this problem was provided by Dr. T.M.A. Pai of the Academy of General Education. Rather than waiting for the government to create and fund more medical colleges in which seats could be increased for such communities, Dr. Pai said a college could be successfully founded and run if professional education could be paid for by parents of aspiring professionals.

In 1953, Dr. Pai placed an advertisement in leading newspapers inviting applications for admission to a medical college. He said these were to be accompanied by a bank draft for the then huge sum of Rs. 3,000. On June 30, 1953, Kasturba Medical College came into being with 100 students. There is anecdotal evidence that many of the bank drafts accompanying the applications were sent by prospective fathers-in-law. The medical college was a resounding success and is the foundation of a world class university today. The Manipal Institute of Technology followed in 1957 to replicate the same formula of creating privately funded students.

This brings me to the question of whether it is time for the government to seriously consider withdrawing from funding higher education at the professional level and leave it entirely to the private sector, except for a certain percentage of seats. In 2002, an 11-judge Bench of the Supreme Court, in the aptly titled TMA Pai Foundation case, opened the door to privatisation. Chief Justice Kirpal, who was speaking for the majority, wrote: “It is well established all over the world that those who seek professional education must pay for it. The number of seats available in government and government-aided colleges is very small compared to the number of persons seeking admission to the medical and engineering colleges. All those eligible and deserving candidates who could not be accommodated in government colleges would stand deprived of professional education. This void in the field of medical and technical education has been filled by institutions that are established in different places with the aid of donations and the active part taken by public-minded individuals.”

Subsequent benches of the Court have struggled to reconcile with this logic, with governments continuing to regulate the professional education sector. The broad consensus now is to give managements a free rein in admissions in the management quota, but insist on adherence to marks and transparent evaluations of merit at the exit stage. This consensus has, from time to time, been sought to be legislated upon by governments who use the “marks is merit” argument to control admissions into institutions where their financial contribution is zero. The concept of management quota and governmental control of admissions has now crept into primary education with the Right to Education Act. The problem with legislation is that courts then inevitably get dragged into questions of interpretation and constitutionality. Every academic year sees a frantic quest for workable interim orders during admission season. These end in relief for some, but are at the expense of others who cannot be represented in court.

Legislation at the central level

A new government may need to look at the issue afresh with a focus on maximum governance and minimal governmental control. A good beginning would be to reduce legislation on education at the central level and encourage States to follow suit. A uniform policy at the central level should focus on access to higher education and not on any “right” to education. The rights-based narrative should be confined to universal primary education alone, a fundamental right. Higher and professional education can now be left to the private sector to provide education to those who can pay for it. Else, government scholarships can be provided on a merit-cum-need criteria. Student loans at subsidised rates of interest will take care of those who do not have family resources or government funding. India’s path to economic development will be best achieved by creating policy incentives in education so that the middle class which can afford education need not rely on the government in this area.

INDIA 3RD ON LIST OF ‘GREEN BUILDINGS’ COUNTRIES OUTSIDE US
Washington: India has been ranked third on the list of top 10 countries in leadership in energy and environmental design outside America, according to the latest US Green Building Council report.

Canada followed by China occupy the top two slots in the ranking of the top 10 countries for Leadership in Energy and Environmental Design (LEED) outside the US.

The report said the list demonstrates the global reach of the movement that is transforming the building environment into healthy, high-performing structures that benefit the planet and its people.

From India ITC Maurya Hotel in New Delhi, built in 1977, Platinum under LEED, was notably mentioned in the report.

“The global community is increasingly recognising the imperative for action as we combat the extraordinary challenge of worldwide climate change,” said Rick Fedrizzi, president, CEO and founding chair of USGBC.

“LEED’s success across a wide variety of cultures, climates and communities represents not only a growing recognition of its demonstrated benefits for human health and operational cost savings, but also its unparalleled potential to be part of the solution to a warming planet and rising sea levels,” he said.

The ranking of the top 10 countries for LEED outside the US is based on cumulative gross square meters (GSM) of space certified to LEED in each nation as of April 2014, a statement said.

Canada tops the list, with 17.74 million GSM of LEED space.

Collectively, Canada boasts of 4,068 total LEED-registered and certified projects, representing 58.66 million total GSM of LEED space.

China and India, two of the world’s fastest growing economies and rapid adopters of sustainable building practices, took second and third place on the list having 14.30 million and 11.64 million GSM of LEED-certified space respectively, the statement said.

Other Asian nations in the top 10 included South Korea at number four with 3.84 million GSM of LEED-certified space and Singapore at number with 2.16 million GSM.

In Europe, Germany and Finland secured the sixth and tenth spot respectively — Germany with 2.90 million GSM of LEED-certified space and Finland with 1.45 million.

In South America, Brazil stood at number 7 on the list, with 2.85 million GSM while the United Arab Emirates represented green building success in the Middle East at Number 9 with 1.82 million GSM of LEED-certified space.

The list of the top 10 countries for LEED reflects the global adaptability of the world’s most widely used and recognised system guiding the design, construction, operations and maintenance of green buildings, the statement said.