Saturday Session on The Constitution of India by Mr. Abhishek Juneja

A Constitution is a document that has a special legal sanctity, which sets out the framework and principal functions of the government.

Constitutionalism:– a way for reconciling the powers of the state with individual liberty, by prescribing the principals of organizing the state. It defines the powers, demarcates responsibilities and regulates the relationship between the organs of the state & the people.

Important facts about the constitution

  • Constituent assembly set for the first time – 9th December, 1946
  • Constitution adopted –26 Nov, 1949.
  • Constitution came in to force – 26 January, 1950.
  • Provisional Chairman of assembly – Sachidanand Sinha.
  • Permanent Chairman of Assembly – Dr. Rajendra Prasad.
  • Drafting Committee :– Dr B.R. Ambedkar (Chairman), members N. Gopalswami Ayyangar, K.M. Munshi, Alladi Krishnaswami Ayyar and three others.

Source and provisions of Constitution

                            USA              UK Ireland
  • Independence of judiciary
Law making providence Directive
  • Judicial Review
Rule of Law Principles
  • President as executive head
Single Citizenship Method of Election of
  • President as supreme head of government
President
  • Fundamental Rights
  • Preamble
  • Removal of SC, High Court Judges
  1.  Provision of emergency – Germany
  2. Fundamental Duties – USSR, Japan
  3. Government list – Australia
  4. Federation with strong centre –
  5. Distribution of power between centre and state where in vesting residuary power with centre Canadian constitution.

Republic France

Preamble: We the people of India, having solemnly resolved to constitute India into a sovereign Socialist Secular democratic Republic and to secure to all it’s citizen. Justice, social economic and political. Liberty of thought expression belief and worship, equality of status and of opportunity and to promote among themselves fraternity assuring the dignity of the Individual and unity and integrity of the nation in an constituent assembly this 26th day of 1947 do hereby adopt enact and give ourselves this constitution.

  • Written constitution – (unlike UK’s)
  • A federal polity with – unitary bias (Unlike USA’s)
  • Union of India – Indian states only
  • Territory of India – States +Union territory + acquired territory special case Sikkim
  • Directive Principle of state policies –– Not enforceable by the court

ARTICLE 32- Right to constitutional Remedies (heart and soul of constitution- DR BR Ambedkar)

Concepts of writs (borrowed from UK)

  1. HABEAS CORPUS 2. MANDAMUS 3. PROHIBITION                  4. CERTIORARI
  2. QUO WARANTO
  1. HABEAS CORPUS:–(TO HAVE THE BODY ,TO BE PRODUCED BEFORE THE COURT)

a writ to protect personal liberty of individual against arbitrary action of state/Pvt individuals, Compensation can be claimed..

  1. MANDAMUS (COMMAND):– A writ issued against public authority as officer or in inferior courts for enforcing legal rights only (can not be issued against president, governor)

(Private rights can’t be enforced).

  1. PROHIBITION (restrain):–writ issued by higher courts to lower courts/ quasi judicial bodies when the latter exceed their judicial authority.

Difference b/w mandamus & prohibition is that mandamus can be issued against judicial and administrative bodies/authorities / where as prohibition can

be used only against judicial/quassi judicial bodies.

  1. CERTIORARI (to be certified):–Issued to quash the order of lower court/tribunal in excess of its function. The purpose is to ensure this jurisdiction of lower courts/tribunal is properly exercised and does not usurp jurisdiction it does not possess (prohibition can be done pre-emptively, certiorari only after a decision. prohibition can be done by any court

Certiorari only by SC/HC)

  1. QUO WARRANTO (by what authority):–issued to ensure that the person holding a public office is qualified to hold it..

SPECIAL POWERS OF THE PRESIDENT

JUDICIAL POWER OF THE PRESIDENT

  1. PARDON : Completely absolves the offender
  2. REPRIEVE : Temporary suspension of the sentence
  3. RESPITE : Awarding a lesser sentence on special grounds
  4. REMISSION : Reducing the amount of sentenced without changing its character
  5. COMMUTATION : Substitution of one form of punishment to another of lighter character

TYPES OF VETO (ABSOLUTE, SUSPENSIVE, POCKET)

1). ABSOLUTE VETO: THE PRESIDENT MAY DECLARE HIS ASSENT TO ANY BILL PASSED BY PARLIMENT OR WITHHOLD HIS ASSENT TO BILL

2). SUSPENSIVE VETO: the president may return any bill(other than money bill) for reconsideration of parliament. If the bill is passed again by both houses, he is obliged to give assent

3). POCKET VETO; the president neither sign nor send for reconsideration or may keep it with himself till his enacted.

ADOPTION OF VARIOUS BILLS IN PARLIAMENT

  Ordinary bill Money bill Finance bill Constitution amendment bill
Introduction Any house Lok Sabha Lok Sabha Any house
Passage Both house Lok Sabha Both house Both house
President reccomdation Not required Exception Article 3 required required Not required
majority simple Simple Simple special
President power of veto All three available Has to give assent All three available Has to give assent

PARLIAMENT

The Parliament consists of: –   1. President

  1. Council of states (Rajya Sabha)
  2. House of the People (Lok Sabha)

-> Rajya Sabha: – It consist of no more than 250 members of which , 12 are nominated by president who have special knowledge, practice in literature, science, art ,social service.

Remaining seats allocated to states and Union territories in proportion of their population .Presently, RS has 245 members; 233(states) 12 nominated.

Minimum age = 30 years.

RS is a permanent body not subject to dissolution (unlike <5) one-third of its members retire every 2 years by rotation. The term of an individual member is 6 years. Representations of RS are elected by member of respective legislative assemblies in accordance to proportional representation.

->Lok Sabha: – Maximum strength may be 552. (530 from states,20 from Union territories us 2 nominated by president from Anglo Indian communities).Qualifying age = 25yeras currently 545 member(543+2).the minimum term is 5 years, unless sooner dissolved.

In case of emergency, the period may be extended one year at a time, not exceeding beyond a period of 6 month, once emergency ceases to operate.

Limitation of seats:- States are divided in a manner such that ratio between population of each constituency (as ascertained from preceding census) and the number of seats allotted to the state remains the same throughout the state. Also b/w any 2 states.

Types of Bills:-

  • Ordinary Bills (any bills that is not a money bill/constitution ascend bill
  1. Original bill (new proposal, idea ,policy)
  2. Amending Bill (modify, service)
  3. Consolidate Bill (consolidate law in subjects)
  4. Expiring Bill (which authorize continuation of expiring Act)
  5. Bills to replace Ordinance issued by president
  • Money and Financial bill ( all money bills are financial bills but all financial bills are not money bills)

If the bills has any of the following provision, it is a money/financial Bills.

1.Impostion, abolition, remission, altertion, regulation of tax

2.Regulation of money borrowed by govt. of India (or any guarantee)

  1. Custody of Consolidated fund of India: Contingency Fund of India.
  2. Declaring new items under expenditure charged on CFI.

* Speakers decision on whether a bill is money bill or not is final.

-> Election of president: – the electoral college comprises of an (1) Elected member of parliament

(2) ELECTED Member of Legislative assembly.

Impeachment of President:-

*can be impeached only on grounds of ‘Violation of Constitution’

*IT is a Quasi-judicial procedure.

* Can be initiated in any house (by 1/4th of the membership of that house). Before this resolution, a 14 day notice must be given. Such a must resolution be passed by a majority of not less than 2/3rd of the total membership of house.

*then the other house, the investigating house, investigates charges.

*president has right to be present, defend himself.

*if the other house also passes with 2/3rd majority.

Judiciary

India has a single integrated system of courts to administer level union and state laws (Unlike USA, which is federal). SC is at the Apex, followed by HC’s and then subordinate courts.

An important feature is the common law system, where law is developed by judges through judgment, orders, decision. These are also called ‘Precedents’. But unlike UK where there is only common law, India has stationary law &regulatory law.

Another feature is ‘Adversarial System ‘, instead of inquisitional system. Here, there are 2 sides to every case, and a neutral judge.

Jurisdiction of Supreme Court :

  1. Original Jurisdiction: The court has exclusive original jurisdiction over any dispute between gov. of India and one or more states, or between any two states, or gov. of India + 1state against any other state.

         Article 32 gives an exclusive original jurisdiction is regard to enforcements of fundamental rights. It may issue directions, orders, writs.

  1. Appellate Jurisdiction: Appellate Jurisdiction of SC can be worked by a certificate granted by HC (Art 132(1), 133(1), 134) in both civil & criminal cases, involving substantial question of law as to interpretation of constitution

SC can also grant special leave to appeal from a judgment or order of any non-military Indian court

Parliament has power to enlarge the appellate jurisdiction

  1. Advisory Jurisdiction: SC has special advisory jurisdictions in matters which may specially he referred to it by president of India under Art. 143

Some points:

  1. Under Art. 3 &4 of our constitution , Parliament may increase & diminish area of states , alter boundaries and names of states and there, are not considered amendments under Art 368

However changing the name of official state languages would be considered under Art 368 (affecting 8th schedule)

  1. A constitution amendments bill can be introduced either by a minister or a private member and does not require the president’s prior permission whereas a money bill can be introduced only by a minister and with the prior permission of the President.
  2. As a court of record, the SC has the following 2 Powers :
  • The previous judgments’ have evidentiary value and cannot be questioned when produced before any court.
  • The power to punish for the contempt of court.

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Indian Polity and Constitution

  • Which article of the Indian Constitution declares Hindi as the official Language of the Union and Devanagari as script ? – Article 343
  • Which part of the Indian Constitution deals with the relations between the Union and the states? – Part-XI
  • The Legislative Councils in states can be created or abolished under the article – 196.
  • The Indian Constitution is borrowed the feature of appointment of State governors by the Centre from – The Canadian Constitution.
  • Who carries out the function of President and Vise-President in case of their absence? The Chief Justice of India.
  • What is the maximum duration between two sessions of Parliament? Six Months.
  • How many members are nominated by President in the Rajya Sabha ? – Twelve.

Indian National Movement

  • The memoir entitled ‘Bapu: My Mother’ was written by – Manubehan Gandhi.
  • ‘Hind Swaraj was written by Mahatma Gandhi in –
  • Which season of the Indian National Congress was presided over by Jawaharlal Nehru for the first time ? – Lahore session, 1929.
  • Which Freedom fighter was the author of the book “an Introduction to the Dreamland”? Bhagat Singh.
  • The President of Indian National Congress at the Lucknow Session (1916) was – Ambika Charan Majumdar.
  • Who was the founder of Rah-numai Majdaysan Sabha? – Partition of Bengal.
  • Which Round Table Conference was attended bt Mahatma Gandhi as the sole representative of the Congress? – Second Round Table Conference.
  • Who was the President of the Congress when the Quit India Movement was launched in 1942?- Maulana Abul Kalam Azad.
  • When did the Cabinet Mission reach India?- In March, 1946.

Mongolia gets $1-bn Credit Gift

FUNDS WILL BE USED FOR INFRASTRUCTURE.

India on Sunday announced a $1-billion credit line to Mongolia for infrastructure development as they upgraded their ties to “strategic partnership” and agreed to deepen defence cooperation besides exploring potential for tie-ups in areas such as the civil nuclear sector.

Prime Minister Narendra Modi, who is on a two-day visit to Mongolia, the first by an Indian Premier, held wide-ranging discussions with his Mongolian counterpart, Chimed Saikhanbileg, and the two leaders pledged to take bilateral economic partnership to a new level.

“I am pleased to announce that India will provide a Line of Credit of $1 billion to support expansion of Mongolia’s economic capacity and infrastructure,” Mr. Modi told a joint press interaction with Mr. Saikhanbileg at the State Palace here.

SOURCE : THE HINDU. 

SATURDAY SESSION on UNFCCC – May 2, 2015

Saturday Session at Options Coaching Academy in Dehradun, Uttarakhand on 02-05-2015.

Topic: The United Nations Framework Convention on Climate Change (UNFCCC)

Day: Saturday

Faculty: Mr. Manoj Baliyan

A stimulating, structured and valuable lecture on “UNFCCC” was conducted by Mr. Manoj Baliyan.

The students appreciated and got benefited from the timely topic.

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UNFCCC

UN Framework Convention on climate change (UNFCCC): 1992

As the dangers of climate change were highlighted in the second world climate conference in Nov. 1990, the United Nations took major step to take appropriate global action to prevent the climate change in the light of the above, in may 1992, the UN framework convention on climate change was adopted by the global community which provides the basic framework to check the dangers to climate change.

The UNFCCC consists of 26 Articles and Articles 2 mentions in following words:

‘The ultimate objective of this convention is to achieve stabilization of greenhouse gases concentration in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved with a time frame sufficient to allow eco-systems to adapt naturally to climate change to ensure that food production is not threatened and to proceed in a sustainable manner.’

The most important principle of this convention is listed in Article 3(1) which states, ‘the parties would protect the climate system for the benefit of the present and future generation of mankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed countries/parties should take the lead in combating climate change and the adverse effects thereof.’

Article 7 of the convention establishes a mechanism called Conference of parties (COP) which shall be highest decision making and supervisory body under the convention.

The Conference of Parties (COP): Under the auspices of UN Framework of Convention on climate change the conference of parties or COP is the supreme decision making body. The Cop is held on annual basis. Since 1992 to 2014, 20 conference of parties have been held. Some of the major outcomes of the recent COPs are listed below:

  • COP 13 held in 1997 in Bali, Indonesia. It adopted Bali Road Map and Action Plan.
  • COP 15 was held in Copenhagen, Denmark on December 7-16, 2009. It adopted Copenhagen accord.
  • COP 16 was held in Cancun, Mexico on November 29 – December 10, 2010. It finalized Cancun Agreements.
  • COP17 was held on November 28 – December 9, 2011 in Durban, South Africa. It came out with Durban Platform for Enhanced Action.
  • COP 18 was held on November 26 – December 7, 2012 in Doha, Qatar. It adopted Doha Climate Gateway.
  • The 19 the conference of parties was held on November 7-22, 2013 in Warsaw, Poland. The major issue which dominated the conference was the mobilization of finances by developed countries for combating effects of climate change.

Lima conference of parties (COP), December 2014: The 20th round of annual climate change negotiations took place in Peru, Lima on December 1-12, 2014 with limited success due to differences between the developing countries and developed countries. The participant countries are preparing for a final draft of agreement to be signed in 2015 at Paris negotiations. The 2015 agreement is likely to contain carbon emission reduction targets for developed and developing countries.

In Lima COP the representatives of 196 countries took active participation. Indian delegation was led by her Environment Minister Prakash Jadvedkar. India represented the cause of developing countries. The crux of Indian argument was that the developed countries should bear the historical responsibility for carbon emission so far and therefore they should also bear the responsibility to provide finance and technology to overcome climate change impacts in developing countries. Also, the developing countries should not be burdened with binding carbon emission in a manner which hampers their development process. India also insisted to focus on adaptation aspects of climate change management whereas developed countries where in favour of focusing on mitigation measures. The adaptation aspects involve those steps which enable developing countries to cope with the harmful impacts of climate change which are already visible in many of the developing and small Island countries. Mitigation measures involve those steps like reduction in carbon emission which eliminate the root causes of climate change crisis. The developing countries are organized under the banner of G-77 and other smaller groups. However, the four leading developing countries have formed another group called BAISC (Brazil, South Africa, India, and China) for putting a common approach in these negotiations. This kind of polarization from both sides led to deadlock in the negotiation over many issues but primarily on how to divide responsibilities for climate change redressal mechanism between developed countries on the one hand and developing countries, India, China, and African countries on the other. In order to forge consensus on bare minimum points, the negotiations were advanced for more days up to December 14, 2014. After many rounds of meetings, the parties agreed on certain bare minimum points, which are include under the final document called as ‘Lima Call for climate Action’. The plan paves the way for final binding agreements signed in 2015 at Paris. The Paris Agreement will come into force in 2020. Some of the points included in the Lima call for climate Action are.

  1. This is the highly watered-down agreement that failed to include a formal review process of national Climate change efforts for the post- 2020 commitments that countries will make before Paris next year. Difficult issues such as whether the Paris deal will be legally binding were also left also undecided. The parties will submit their intentionally determined carbon reduction targets by March 2015 well before the Paris conference in December next year.
  2. In order to give solace to developing countries and India the principle of ‘common but differentiated responsibility’ was included in the final text. This principle was originally included in the UN Framework Convention on Climate Change (UNFCCC), but was gradually watered down by the developed countries and was not included in the initial draft of Lima call for Climate Action. The US and Australia opposed the inclusion of this principle in the final draft. India, China and other developing countries demanded the inclusion of this principle in the final draft. Brazilian representative Antonio Marcondes said the removal of the concept of differentiations was tantamount to annihilation of the UN convention. However, it was agreed that the responsibility to take action to fight climate change lies with all nations of the world. Earlier, developing countries were insisting that they should be left out of this responsibility.
  3. Another solace to poor and developing countries was that the concerns of ‘loss and damage’ and ‘adaptation’ were included in the final draft. The final document of Lima Call for Climate Action urges parties to consider including an adaptation component in the pledges. It also urges the developed countries to consider providing financial support to poor countries for combating crisis of climate change.

However, one significant negative fallout of these negotiations was non committal provision for financial contribution by the developed countries to the global climate fund. It should be noted that this fund was created as a result of 2009. Copenhagen climate negotiations. The developed countries agreed to provide $100 billion per year till 2020 to the poor and small countries for coping with the negative consequences of climate change. This promise has not been fulfilled as yearly contribution of the developed countries to this fund is nearly $10 billion per annum only. I Lima conference also the developed countries did not make any promise to fulfill their commitment to provide financial contributions.

Critical Assessment

The Lima Call for Climate Action has evoked mixed response. The conference President Manuel Pulgarvidal, the Environment Minister of Peru, said every country was a winner from the decision. He remarked ‘Like all texts it is not perfect text, but with this text we all win without expectations. It is more-focused text. The text heeds everyone’s concerns and its does so in a balanced way.’ The European Union welcomed the outcome of the Lima negotiations and termed the final drafts as a step forward towards a global deal in Paris next year. It should be noted that the European Union announced in October 2014 that it will cut carbon emission by 40 per cent to 1990 level by the year 2030. The WWF climate change expert has termed this agreement as a lackluster plan with little scientific relevancy.

The UN Secretary General Ban Ki Moon also appreciated the final agreement but urged world leader to take more concerted efforts in this field. Indian government also claimed its victory as all the concerns raised by its delegation have been included in the final draft of Lima agreement. Yet the fact remains that the inclusion of certain core concerns of developing countries raised by the India like focus on adaptation, loss and damage, financial contribution etc is causal and non binding in nature. Thus, the euphoria of victory of developing countries is short-lived as these issues will resurface in the coming negotiations in 2015. Again, India may come under pressure during Paris Conference in 2015 to declare its carbon reduction targets in categorical terms because earlier China and the US have entered an agreement to declare their carbon reduction targets. The mixed response towards final outcome of Lima conference shows that it has tried to appease all section of participants and avoided the hard decisions at this juncture. This may pose problem in arriving at final agreement at Paris in 2015. The question of binding nature of Paris Agreement is put off, but it will re-emerge shortly. If the proposed climate change agreement is not binding and an effective monitoring mechanism is absent, the implementation of such agreement will face serious trouble in the time to come. The real problem lies with the persisting differences between the developing and developed countries on the core issues of these negotiations like adaptation Vs Mitigation, provision of finance and availability of advanced technology to poor countries and concerns of common but differentiated responsibilities.

The US and the other developed countries do not recognize China and India as developing countries as they term them as emerging economies. On this count, the US wants China and India to bear the equal responsibility like other developed countries, a position which is not accepted both by Indian and China in near future. Thus, the success of next round of negotiations at Paris in 2015 is contingent on the fact as to what extent the differences between the developed countries are bridged in the coming months. Thus major players should use the available time to reduce these differences and arrive at some consensus on core issues of Climate Change management.

The Core Issues of Climate Change Negotiations: Developed and Developing Countries: The climate change negotiations involve the four major aspects given below:

  1. The Mitigation- It involves consensus among the parties to reduce the greenhouse gas emission at level which ensures that global temperature does not increase more than 20 C over the pre-industrial levels. This is most crucial aspect of proposed negotiations, where the views of developed and developing countries are opposed to each other.
  2. Adaptation- This involves developing measures to enhance the capacity of nations particularly the vulnerable and poor nations to meet the consequences of climate change in effective manner. The effect of climate change shall be most severe on those nations which have poor adaptation capacity to cope with the climate change.
  3. Financial Agreements- The third aspect of the proposed climate change negotiation is to make agreement for funding the measures and programmes formulated for fighting and preventing the consequences of climate change. The developing countries already, poor in financial resources are hopeful that the rich countries should provide adequate financial resources for implementing climate change.
  4. Development and Transfer of Technology– The fourth aspect of this negotiation is the development and transfer for appropriate technology to the developing countries so that they can adopt mitigation and adaption measures. The poor countries hope that rich countries should commit to the prompt transfer of appropriate technology as these countries are not in a position to invest in the development of such technology.

Agrarian Crisis – Rajasthan Farmer ends Life at AAP rally

My Crops were destroyed and I have three children —RIP Gajendra Singh.

Irrespective of the political discourse, yesterday’s suicide by a farmer from Rajasthan during the AAP rally at Jantar Mantar in Delhi is a cruel reminder of the reality that confronts millions of farmers, labours of many other impoverished in our country.

Government comes and goes and it will continue so, but it is imperative that we act and act quickly, to lessen the suffering and pain of the poorest of the poor.

My heartfelt condolences to the bereaved family. I only hope that just like the brutal gang rape of Nirbhaya in December 2012, the death of Gajendra Singh in April 2015, turns out to be the clarion call for suicide prevention in our nation.

We can never ever fulfill the loss of a life but the world at least then has the consolation that this untimely and unfortunate tragedy was not in vain.
Do join OPTIONS for sparing a thought for the departed soul.

Mr. Himanshu Goel
Director – Options Coaching Academy.

Saturday Session on “VEDIC MATHEMATICS” By the Director of Options Coaching Academy

Date: April 11, 2015                                                         Day: Saturday

An educator author and a renowned mathematician Mr. Himanshu Goel, the Director of Options Options Coaching Academy conducted a dynamic and an enlightening session on Vedic Mathematics.

Vedic Mathematics is a unique technique of calculations based on simple principles and rules, with which any mathematical problem be it arithmetic, algebra, geometry or trigonometry can be solved mentally.

A valuable structured and informative session which helped in developing students’ reflective thinking. The Students appreciated and got benefited from the timely topic.

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Felicitating Teachers

At “Options” Coaching Academy, teachers were felicitated for their outstanding work and contribution towards the growth of the Institute. Mr. Arun Malik senior Maths faculty and Mr. Manoj Baliyan senior GS faculty were presented with a memento by the honorable Director Himanshu Goel of “Options” Coaching Academy. The Director of OCA told the teachers to continue with their good work.