The Expert Group under the Chairmanship of Dr. C. Rangarajan to Review the Methodology for Measurement of Poverty in the country constituted by the Planning Commission in June 2012 has submitted its report on 30th June 2014. In a written reply to a question in the Rajya Sabha today, the Minister of State (Independent Charge) for Planning, Statistics and Programme Implementation and Defence Shri Rao Inderjit Singh has said that as per the report, poverty line is estimated as Monthly Per Capita Expenditure of Rs. 1407 in urban areas and Rs. 972 in rural areas. The highlights of the report are:
i. The Expert Group (Tendulkar) had used the all-India urban poverty line basket as the reference to derive state-level rural and urban poverty. This was a departure from the earlier practice of using two separate poverty line baskets for rural and urban areas. The Expert Group (Rangarajan) reverts to the practice of having separate all-India rural and urban poverty basket lines and deriving state-level rural and urban estimates from these.
ii. The Expert Group (Tendulkar) had decided not to anchor the poverty line to the then available official calorie norms used in all poverty estimations since 1979 as it found a poor correlation between food consumed and nutrition outcomes. However , on a review of subsequent research, the Expert Group (Rangarajan) took a considered view that deriving the food component of the Poverty Line Basket by reference to the simultaneous satisfaction of all three nutrient -norms would be appropriate when seen in conjunction with the emphasis on a full range of policies and programmes for child-nutrition support and on public provisioning of a range of public goods and services aimed at the amelioration of the disease-environment facing the population.
iii. Estimates of consumption expenditure seen in the National Accounts Statistics and as inferred from the sample surveys of the National Sample Survey Organisation show a large and growing variance. The Expert Group (Rangarajan) prefers NSSO’s estimates and decides not to use the NAS estimates. This is in line with the approach taken by Expert Group (Lakdawala) and Expert Group (Tendulkar).
iv. The capture of spatial and temporal variation in prices in estimating the State-level and rural-urban poverty levels (given all-India rural and urban estimates) has undergone substantial refinement since 1979. The Expert Group (Rangarajan) agrees with the methodology adopted by the Expert Group (Tendulkar) in this regard. This overcomes the limitations of using fixed base-year weights by using a combination of unit values derived from successive NSSO’s Consumer Expenditure Surveys and price-relatives derived from the Consumer Price Indices.
v. Public expenditure on social services has increased substantially in recent years. These expenses are not captured, by design, in the NSSO’s Consumer Expenditure Surveys and the poverty line derived from these is thus lower than the services actually consumed.
vi. The Expert Group (Rangarajan) is of the considered view that the deployment of criteria other than consumption expenditure in the measurement of poverty raises several issues regarding measurement and aggregation and that these render such exercises impractical. However, the Expert Group (Rangarajan) has considered an alternate view in estimating the poverty line by reference to the ability of households to save.
2. The Methodology recommended by the Expert Group (Rangarajan) for estimation of poverty is as follows:
i. The poverty line should be based on certain normative levels of adequate nourishment, clothing, house rent, conveyance and education, and a behaviorally determined level of other non-food expenses.
ii. The Expert Group (Rangarajan) computed the average requirements of calories, proteins and fats based on ICMR norms differentiated by age, gender and activity for all-India rural and urban regions to derive the normative levels of nourishment. Accordingly, the energy requirement works out to 2,155 kcal per person per day in rural areas and 2,090 kcal per person per day in urban areas. For reasons elaborated in the text , the Expert Group ( Rangarajan) views the Calorie norm not as a single number but as an average in a band of +/- 10 per cent of these values and with intakes even at the lower end still being adequate enough to not adversely affect health and work.
iii. The protein and fat requirements have been estimated on the same lines as for energy. These requirements are 48 gms and 28 gms per capita per day, respectively, in rural areas; and 50 gms and 26 gms per capita per day in urban areas.
iv. A food basket that simultaneously meets all the normative requirements of the three nutrients defines the food component of the poverty line basket proposed by the Expert Group (Rangarajan). These nutrient norms are met for persons located in the sixth fractile (25-30%) in rural areas and for those in the fourth fractile (15-20%) in urban areas in 2011-12.
The average monthly per capita consumption expenditure on food in these fractile classes is Rs.554 in rural areas and Rs.656 in urban areas (NSS 68th Round).
v. The median fractile (45-50%) values of clothing expenses, rent, conveyance and education expenses are treated as the normative requirements of the basic non-food expenses of clothing, housing, mobility and education of a poverty line basket. This works out to Rs.141 per capita per month in rural areas and Rs.407 in urban areas. The observed expenses of all other non-food expenses of the fractile classes that meet the nutrition requirements are considered as part of the poverty line basket. This works out to Rs.277 per capita per month in rural areas and Rs.344 in urban areas.
vi. The new poverty line thus work out to monthly per capita consumption expenditure of Rs.972 in rural areas and Rs.1,407 in urban areas in 2011-12. For a family of five, this translates into a monthly consumption expenditure of Rs.4,860 in rural areas and Rs.7,035 in urban areas.
vii. Estimations of the poverty line made for the Expert Group (Rangarajan) based on an independent large survey of households by CMIE and using a different methodology wherein a household is considered poor if it is unable to save, yields results that are remarkably close to those derived using the NSSO data. This provides additional evidence in support of the poverty line derived by the Expert Group (Rangarajan).
viii. Compared to the poverty lines based on the methodology of the Expert Group (Tendulkar), the poverty lines estimated by the Expert Group (Rangarajan) are 19% and 41% higher in rural and urban areas, respectively. The Expert Group (Rangarajan) uses the Modified Mixed Recall Period consumption expenditure data of the NSSO as these are considered to be more precise compared to the MRP, which was used by the Expert Group (Tendulkar) and the URP, which was used by earlier estimations. 67% of the increase in the rural poverty line and 28% of the increase in the urban poverty line is because of the shift from MRP to MMRP.
ix. The national rural and urban poverty lines computed as above were used to derive the state-wise poverty lines by using the implicit price derived from the quantity and value of consumption observed in the NSSO’s 68th Round of Consumer Expenditure Survey (2011-12) to estimate state relative to all-India Fisher price indices. Using these and the state-specific distribution of persons by expenditure groups (NSS), state-specific ratios of rural and urban poverty were estimated. State-level poverty ratio was estimated as weighted average of the rural and urban poverty ratios and the national poverty ratio was computed again as the population-weighted average of state-wise poverty ratios.
x. The Expert Group (Rangarajan) therefore estimates that the 30.9% of the rural population and 26.4% of the urban population was below the poverty line in 2011-12. The all-India ratio was 29.5%. In rural India, 260.5 million individuals were below poverty and in urban India 102.5 million were under poverty. Totally, 363 million were below poverty in 2011-12.
xi. The poverty ratio has declined from 39.6% in 2009-10 to 30.9% in 2011-12 in rural India and from 35.1% to 26.4% in urban India. The decline was thus a uniform 8.7 percentage points over the two years. The all-India poverty ratio fell from 38.2% to 29.5%. Totally, 91.6 million individuals were lifted out of poverty during this period.
xii. The Expert Group (Rangarajan) recommends the updation of the poverty line in the future using the Fisher Index. The weighting diagram for this effort can be drawn from the NSSO’s Consumer Expenditure Survey. For the Food –group, the Expert Group (Rangarajan) recommends that the current practice of relying on the unit values derivable from the NSSO Consumer Expenditure Surveys should continue till such time a new CPI of CSO with a weighting diagram based on the 2011-12 pattern of consumption becomes available. In respect of non-food- items, the price indices available in the exiting CSO Consumer Price Indices can be used in the construction of requisite Fisher indices. Once the new series of Consumer Price Index numbers (with 2011-12 as the base year) become available, it may be used if the extent of change in the structure of consumption at that point in time relative to the 2011-12 structure of consumption is not very different.
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Read,Write & Revise.Minimum reading & maximum learning
8 August 2014
Rangarajan Report on Poverty
Futuristic Energy Scenerios
The Planning Commission has developed, the “India Energy Security Scenarios 2047”(IESS-2047), an Excel based web tool which explores a range of potential future energy scenarios for India, for several energy demand and supply sectors leading up to 2047. In a statement in reply to a question in the Rajya Sabha today, the Minister of State (Independent Charge) for Planning, Statistics and Programme Implementation and Defence Shri Rao Inderjit Singh has said that this tool is available to the public through an interactive, web interface as well as an Excel-based model with extensive sector-wise documentation. It is hosted on the website of the Planning Commission.
The IESS 2047 explores India’s energy future across energy supply sectors such as solar, wind, biofuels, oil, gas, coal, and nuclear, and energy demand sectors such as transport, industry, agriculture, cooking, and lighting and appliances. The model allows users to interactively make energy choices, and explore a range of possible outcomes for the country – from carbon dioxide emissions and import dependence to land-use. The details of various scenarios developed are projected in terms of four levels as:-
Level-1: Least Effort Scenario
The ‘Least Effort’ scenario in the demand sector (Level 1) offers projections assuming past trends continue. Similarly, in supply sectors, the ‘Least Effort’ scenario (Level 1) is of poor domestic output of energy, and is likely to follow the past trends, should there not be any major policy announcement, or any other trigger in generating energy supply.
Level 2, the ‘Determined Effort’ scenario
Level 2, the ‘Determined Effort’ scenario describes the level of effort which is deemed most achievable by the implementation of current policies and programmes of the government. This scenario indicates that existing and committed policies maintain the same trend in future also.
Level 3, the ‘Aggressive Effort scenario
Level 3, the ‘Aggressive Effort’ scenario describes the level of effort needing significant change which is hard but deliverable.
Level 4, the `Heroic Effort` scenario
Level 4, the `Heroic Effort` scenario describes the level of effort equivalent to the `world`s best` scenario which has been realised in some countries. On the demand side, the `Heroic Effort` scenario, (Level 4) indicates heightened efficiency numbers, leading up to the physically best attainable in due course. On the other hand, on the supply side, the `Heroic Effort` scenario gives us the physical limits, which would guide the growth of that particular energy supply up to the year 2047.
There are also projections on the demand side and the consumption side in various sectors for the least effort and the heroic effort made by us as:-
Units in are in Tera Watt hours
Supply
According to the statement the IESS-2047 calculator launched in February, 2014 by Planning Commission, doesn’t include the cost parameter in various scenarios.
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text of Shri Prakash Javadekar’s Welcome Address at the 18th BASIC Ministerial Meeting on Climate Change
It gives me immense pleasure to welcome my BASIC colleagues here. Its rare that all four BASIC Ministers are able to get together – I thank all of you for joining us here today.
We are at a very critical stage in our efforts to combat climate change. While science prompts us towards greater action, we find that response of countries is not adequate. We must incentivise action- the first step in this regard is enhanced action by developing countries.
1. In India, a democratic transition has occurred very recently. As the world's largest democracy, we will play an active role in tackling the Climate Change. We are committed to sustainable development and efficient use and development of all resources including energy.
2. In our Union Budget for the financial year 2014-15, some important initiatives relevant to climate change have been taken such as:
Ø Clean Energy Cess on coal has been increased form Rs.50/ton to Rs.100/ton, to raise more revenue for Clean energy and cross-subsidizing solar and other renewable energy and research in the field of clean energy technologies.
Ø Rs 100 crores has been allocated for the "National Adaptation Fund" for climate change.
Ø Rs. 500 crores has been allocated for Setting-up of Ultra Mega Solar Projects in Tamil Nadu, Rajasthan, Gujarat, Andhra Pradesh and Laddakh to promote the Renewable energy.
Ø Allocation Rs.100 crores for new scheme “Ultra-Modern Super Critical Coal Based Thermal Power Technology”.
Ø Allocation of Rs. 500 crores for strengthening of transmission and distribution infrastructure in rural areas under the ‘Deendayal Upadhyaya Gram Jyoti Yojna’.
Ø Allocation of Rs. 400 Crore for launching a scheme for solar power driven agricultural pump sets and water pumping stations.
Ø Allocation of Rs. 100 crore for the development of 1 MW Solar Parks on the banks of canals.
3. We have also encouraged states to prepare their own State Action Plan on Climate Change (SAPCC) to take the fight against climate change to local level. 27 states and 4 Union Territories have already done it.
4. We firmly believe that the issue of climate change and global warming is not country-specific but is inter-dependent in nature and requires cooperation among nations. India has already taken a number of actions on a voluntary basis with its own resources in pursuance of a sustainable development strategy. India has announced a voluntary 2020 mitigation goal of reducing emissions intensity of its GDP by 20-25% over 2005 levels by 2020. Towards this, India has formulated its National Climate change Action Plan with eight missions, which are being strengthened. We have designed a low carbon strategy for growth and have set up ambitious renewable energy targets.
We are at a very critical stage in our efforts to combat climate change. While science prompts us towards greater action, we find that response of countries is not adequate. We must incentivise action- the first step in this regard is enhanced action by developing countries.
1. In India, a democratic transition has occurred very recently. As the world's largest democracy, we will play an active role in tackling the Climate Change. We are committed to sustainable development and efficient use and development of all resources including energy.
2. In our Union Budget for the financial year 2014-15, some important initiatives relevant to climate change have been taken such as:
Ø Clean Energy Cess on coal has been increased form Rs.50/ton to Rs.100/ton, to raise more revenue for Clean energy and cross-subsidizing solar and other renewable energy and research in the field of clean energy technologies.
Ø Rs 100 crores has been allocated for the "National Adaptation Fund" for climate change.
Ø Rs. 500 crores has been allocated for Setting-up of Ultra Mega Solar Projects in Tamil Nadu, Rajasthan, Gujarat, Andhra Pradesh and Laddakh to promote the Renewable energy.
Ø Allocation Rs.100 crores for new scheme “Ultra-Modern Super Critical Coal Based Thermal Power Technology”.
Ø Allocation of Rs. 500 crores for strengthening of transmission and distribution infrastructure in rural areas under the ‘Deendayal Upadhyaya Gram Jyoti Yojna’.
Ø Allocation of Rs. 400 Crore for launching a scheme for solar power driven agricultural pump sets and water pumping stations.
Ø Allocation of Rs. 100 crore for the development of 1 MW Solar Parks on the banks of canals.
3. We have also encouraged states to prepare their own State Action Plan on Climate Change (SAPCC) to take the fight against climate change to local level. 27 states and 4 Union Territories have already done it.
4. We firmly believe that the issue of climate change and global warming is not country-specific but is inter-dependent in nature and requires cooperation among nations. India has already taken a number of actions on a voluntary basis with its own resources in pursuance of a sustainable development strategy. India has announced a voluntary 2020 mitigation goal of reducing emissions intensity of its GDP by 20-25% over 2005 levels by 2020. Towards this, India has formulated its National Climate change Action Plan with eight missions, which are being strengthened. We have designed a low carbon strategy for growth and have set up ambitious renewable energy targets.
Govt changes rules for IAS, IPS
Officers needs to be responsive to the public, particularly to the weaker section, ensure courtesy and good behaviour with the public and take decisions solely in public interest and use, the new rules said.
The All India Services (Conduct) Amendment Rules, 2014, notified by the Department of Personnel and Training (DoPT), makes it mandatory for officers to declare any private interests relating to his public duties and take steps to resolve conflicts in a way that protects the public interest.
The officers should not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties, the rules said.
Every member of the service shall not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends, it said.
The rules cast a compulsory obligation on officers of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) to maintain confidentiality in the performance of his official duties.
The officers shall also guard those information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of state, strategic, scientific or economic interests of the state, friendly relation with foreign countries or lead to incitement of an offense or illegal or unlawful gains to any person.
"Every member of the Service shall maintain high ethical standards, integrity and honesty, political neutrality; promoting of the principles of merit, fairness and impartiality in the discharge of duties and accountability and transparency," the rules said.
The officers have also been given freedom to take decision and make suggestions. "Make choices, take decisions and make recommendations on merit alone."
They should act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society, and refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices.
The officers should use public resources efficiently, effectively and economically and act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society.
They should maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him and, perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.
The All India Services (Conduct) Rules, 1968 had limited mention of the role of IAS, IPS and IFoS officers.
"The rules have been amended to give officers more freedom to work, make them efficient and more responsive to the public," a senior DoPT officer said.
The present authorised strength of IAS, IPS and IFoS officers are 6,270, 4,728 and 3,131 respectively.
The All India Services (Conduct) Amendment Rules, 2014, notified by the Department of Personnel and Training (DoPT), makes it mandatory for officers to declare any private interests relating to his public duties and take steps to resolve conflicts in a way that protects the public interest.
The officers should not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties, the rules said.
Every member of the service shall not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends, it said.
The rules cast a compulsory obligation on officers of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) to maintain confidentiality in the performance of his official duties.
The officers shall also guard those information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of state, strategic, scientific or economic interests of the state, friendly relation with foreign countries or lead to incitement of an offense or illegal or unlawful gains to any person.
"Every member of the Service shall maintain high ethical standards, integrity and honesty, political neutrality; promoting of the principles of merit, fairness and impartiality in the discharge of duties and accountability and transparency," the rules said.
The officers have also been given freedom to take decision and make suggestions. "Make choices, take decisions and make recommendations on merit alone."
They should act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society, and refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices.
The officers should use public resources efficiently, effectively and economically and act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society.
They should maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him and, perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.
The All India Services (Conduct) Rules, 1968 had limited mention of the role of IAS, IPS and IFoS officers.
"The rules have been amended to give officers more freedom to work, make them efficient and more responsive to the public," a senior DoPT officer said.
The present authorised strength of IAS, IPS and IFoS officers are 6,270, 4,728 and 3,131 respectively.
7 August 2014
English issue is a red herring
Those who should know better are currently creating a lot of confusion over the Civil Services Aptitude Test (CSAT). The findings of the committee on training and recruitment of the higher civil services, which I chaired and which produced the reforms in the early part of the last decade, were kept secret for many years. But then somebody put it up on the web and the government declassified it. So now we can speak the truth.
First, let’s have some facts. The present controversy is driven by the vested interests of the large teaching shop industry, which exploits the poor Indian families that fund the civil service aspirants. The committee I chaired had conducted a survey and found that, even in those days, that is, almost 15 years ago, an average of about Rs 1 lakh a year was spent on preparations for the exams. This cost was multiplied for repeaters. Poor children from rural backgrounds just fell by the wayside. The more affluent persisted as repeaters. It is being said that the CSAT leads to poor children from backward areas being discriminated against. In fact, the statistics show it was the earlier system that really damaged opportunities for poor children.
The furore over English is a complete red herring. The earlier system, which required candidates to write a long essay in English, was straight out of Macaulay’s dream of relegating Indians to minor babudom. The teaching shops had a great time selling model essays for cramming. But English is not our mother tongue; it is a global language for commerce and so on. So the committee’s recommendation that it should be treated as a foreign tongue and only tested as a working language upset both the Angrezi crowd and the teaching shops. Nobody has the courage to explain that fact as the netas hold forth. The Union Public Service Commission and the government must ensure that the English test remains as designed.
The committee’s findings had shown that a general knowledge test can and should test innate intelligence. Its conversations with eminent Indians, over the course of almost six months, and its detailed preparations are ignored. Tens of thousands of candidates apply for the civil services examination. Only a few hundred qualify and finally, even fewer are selected for the services. By the end of the process, the candidates chosen are among the best in the country in terms of intelligence. This intelligence or ability is not concentrated in urban areas or with candidates who follow one particular discipline. In fact, in those days, JNU students did better than IIT and IIM kids.
The CSAT was to be structured to test capabilities, and to argue that the test is againstthe poor is humbug. If there is a question on how a mustard field can be distinguished from a paddy field, a rich, urban candidate will have no special advantage over a poor, rural candidate. The noise being generated currently is, once again, by the teaching shops, which will become redundant for such tests and by rich candidates who want to have an advantage over that poor candidate who is actually brilliant. Do not tell me that such brilliance does not exist. When I was vice chancellor of JNU, scholarship money was being cut by the government, in the name of the reform now called privatisation. We would all contribute towards the fees of that landless labourer’s daughter who had made the final thousand from the lakhs who had applied but couldn’t pay her hostel fees. \
Now, when I visit a particular district, the collector will often come to meet me. We discuss agriculture, the rains, the perniciousness of the sachivalaya. But if the collector is a JNU girl or boy, you can tell from a mile away. So it does matter where they come from.
I have the greatest respect for Parliament, for our governance systems and our democracy. But the authorities are being wrongly briefed on a matter of great importance to the Indian future. The world has great expectations from India, not only for the economic opportunities we offer but for the ideals of the freedom movement that we uphold. Let us not let them and ourselves down
First, insulate the judge from politics
The thesis of ‘committed’ judiciary has been abandoned, but its practice continues unabated. That is the real problem, writes RAM JETHMALANI.
A judge is the guardian of the small man and his bundle of rights, which enable him to realise his fullest material, moral and spiritual potential, and expand to the utmost frontiers of his body, mind and soul. No judge must aspire to harmony with the legislature and executive. Every judge must brace himself for a life of tension with both in the intelligent and stout defence of his ward, who needs constant protection against the insolence of unfeeling officials, the venality of politicians and the misdeeds of wicked neighbours and fellow citizens. Every court is essentially a court of wards; the Supreme Court has the entire citizenry as its ward. Our judges need not be sensitive to the oft-mounted attack that they are not elected and are, therefore, unaccountable and undemocratic.
This role of the judge makes one think about elected judges. But the system of elected judges has been tried elsewhere and I believe that it has produced jokes. The most instructive joke that you will find is that in a certain US state, the Democratic Party found a judge paralysed from the waist downwards and invariably, in elections, he won the sympathy vote. He triumphed in four successive elections but before the fifth, a Republican Party official said to his superior, “Sir, we have found a solution to our problem.” He asked, “What is it?” The answer: “Sir, this time we have found a judge who is paralysed from the waist upwards.” It will not work in India anyway.
Economics may have dominated the world most of the time and probably does dominate in some sense even now. But today, politics has overtaken economics in its influence. In the past few decades, all institutions, including the judiciary and of course the Bar, have struggled with the temptations of politics. Judges, like other mortals, are attracted to politics, particularly aspiring ones who consider favours from a ruling party to be stepping stones for upward mobility in the field. Usually, but not always, judges do often violate their oath of administering justice without fear or favour. Favours done have to be returned, feel some. We have therefore to evolve an effective mechanism of insulating judges against politics and involvement in political machinations of the kind that have disgraced some sections in the past not only in this country, but also elsewhere.
Politicians as a class and the executive in power must therefore have novoice in the appointment of judges. The executive is the biggest litigant in cases of citizen complaints of the oft-corrupt misuse of executive powers. Even a good judge appointed by a corrupt minister will not command public confidence. The second judges case, the origin of the present collegium system, was a correct decision, and the current system is vastly superior to the one it supplemented. It was the one that produced the tellingly sarcastic comment, “It has created two kinds of judges — those who know the law and those who know the law minister.”
South Africa, in its new constitution, adopted the model of a judicial commission as the method of selection, which has been operational since 1996. The law minister is formally consulted and he makes his comments upon the appointees or recommendees of the judiciary. The comments of the law minister are considered with respect and attention, but the final word lies with the commission. I am committed to this mechanism as our final solution. I must hasten to explain why.
I agree with the weighty opinion of my erudite friend, senior counsel Anil Divan, in his recent article in The Hindu: “The present secretive process followed by the collegium excludes public scrutiny, violates the citizen’s right to know and leads to diminishing respect for the judiciary.” Some bad appointments produced by this system are also notorious.
While corruption continues to grow like a galloping cancer in every branch of life, the judges seem to reciprocate by producing a strange jurisprudence that only protects the corrupt. The law of contempt and the difficulties of proving judicial corruption deter cautious lawyers. But the common man, not so inhibited, produces an impressive volume of popular corruption folklore.
The real decline of judicial character started in 1973. Mohan Kumaramangalam, a distinguished lawyer and politician, claimed that judicial appointments could not be made without reference to the social philosophy of the judges. The judge, being an important decision-maker, makes decisions that are bound to affect the lives of the people, and his decisions are influenced by his social philosophy. Therefore, independent India should have judges who are “committed” not only to the social philosophy of the Constitution, but also to that of the government. This was controversial. However, Indira Gandhi’s government implemented his views during the Emergency.
Though the Kumaramangalam thesis has now been abandoned, its practice continues unabated. While judges associated with the ruling establishment are invariably appointed, those having any form of association with opposition parties are scrupulously avoided. How successive chief justices, who are supposed to be totally judicial even in the discharge of their administrative function, habitually enter into convenient compromises escapes comprehension. The inevitable answer is the creation of a national judicial commission in which the judiciary, government, opposition, the Bar and academic community have an equal voice. Judges should hold office only during the pleasure of the commission. It should have the power to appoint, transfer and dismiss — of course, in accordance with procedure established by law, or whatis also known as due process. The Lokpal may well be a useful addition to the list of participants.
The 79th report of the Law Commission suggested ways to plug loopholes in the existing system of appointment of Supreme Court judges. No one should be appointed a judge of the Supreme Court unless, for a period of not less than seven years, he has snapped all affiliations with political parties and unless, during the preceding seven years, he has distinguished himself for his independence, dispassionate approach and freedom from political prejudice.
The practising Bar is the constituency of a judge. If he cannot retain its confidence, he must gracefully quit office. It is just not true that only weak and obliging judges are popular with the Bar. Members of the Bar know the black sheep on the bench. No wonder, the American Bar Association can, by its adverse criticism, make the mighty president of the US withdraw his nominees for judicial office. A lord chancellor of England admitted that if he made an unworthy appointment, he could not possibly look into the eyes of the lawyers at Bar dinners.
Budget session: Government to convene all-party meet,csat row
Stepping in to resolve the controversy over the UPSC exam format for the second time, the government Wednesday said it will convene an all-party meeting to discuss the issue and find a way out even as it made it clear that the civil services preliminary examination scheduled for August 24 cannot be postponed.
Replying to an impromptu discussion in Rajya Sabha which saw opposition parties attacking the government, MoS for Parliamentary Affairs Prakash Javadekar expressed the Centre’s inability to make any change in the format before August 24, but said the parties can sit together and discuss ways to reform the present examination pattern. The Opposition, however, was not satisfied and staged a walkout.
The opposition parties have been disrupting Parliament, especially the Upper House, over the issue with most of them demanding that the aspirants be allowed to take the exam not just in Hindi and English but other Indian languages too.
Though the views differed, broadly, the demands were for scrapping of the second paper of the civil services aptitude test and inclusion of all languages in the Eighth Schedule for the preliminary examination.
Attacking the government for announcing that the marks scored in the English language comprehension skills section should not be considered for gradation or merit, Trinamool Congress’ Derek O’ Brien said it was a knee-jerk reaction which he said has compounded the problem. “The students of regional languages have to be given an opportunity to write those preliminary papers in the regional languages,” he said.
JD(U)’s Sharad Yadav said the CSAT exam should be made qualifying with equal weightage to all Indian languages.
Many members pointed out the errors in translation from English to Hindi in the question paper. SP’s Ram Gopal Yadav in fact cited examples. He said steel plant has been translated as “lohe ka ped” and North Pole as (Uttari Khamba) in the question papers and demanded that the second question paper of CSAT should be withdrawn.
Congress’s J D Seelam said it was wrong to remove English and suggested that instead negative marking should be removed, which will take care of the language problem in CSAT.
“You have heard the views of all parties here. Whatever views you seek in an all-party meeting have already come here. So, why don’t you take a decision on that basis,” CPM’s Sitaram Yechury said before leading his party’s members out of the House.
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Much ado about ‘bail-in’ and FRDI Bill The strong voices against the FRDI Bill seem to be ill-informed, as protecting the interest of d...
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Power sector lights up; LED bulbs in vogue - LED bulbs are...
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Samveg ias academy December 9, 2017 at 2:43pm · Everyrhing ABOUT UKPSC by samveg ias # UKPSCVIDEO # ABOUTUKPS...
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INDIA NOW WORLD'S 3RD LARGEST ECONOMY, BEHIND JUST US, CHINA India is now the world's third largest economy in terms of purchasing ...