Sunday, 31 January 2016

khap panchayaths

 khap panchayat

these are community groups — usually comprising elderly men from the Jat community — that set the rules in an area comprising one or more villages. Transgressors’ penalty can be serious.
The exact origins of khap panchayats are lost in the mists of time but popular belief dates this social structure back to 600 AD.
They exist in western UP, eastern Rajasthan but are most powerful in the Rohtak, Jhajjar, Bhiwani, Sonepat, Jind, Kaithal, Karnal, and Hisar districts of Haryana.
No. Khap panchayats are social institutions that have no sanction under the law

Decisions on Social Issues

The Khap panchayts frequently deliberate on social issues to attempt to combat social problems like female abortions, alcohol abuse, dowry, rape [9][10][11] and to promote education.[12] specially among girls[13]
The largest Khap in Haryana is the Satrol Khap, which allowed inter-caste marriage in 2014,[14] providing the marriage is not within the same gotra, village, or neighboring villages[15]
A recent 2015 Sarva Khap meeting launched a movement "Save daughters, educate daughter" movement.
The Supreme Court otermed Khap panchayats as kangaroo courts and declared them illegal. The Supreme Court ruling said that Khap panchayats are wholly illegal and have to be ruthlessly stamped out.
A bench of justices Markandeya Katju and Gyan Sudha Mishra said in a judgement that the new trends of kangaroo courts, honour killings, "khap" panchayaths in northern India and "katta" panchayats in Tamil Nadu were
barbaric and illegal, the perpetrators of which required the harshest punishment.
The Supreme Court 2011  on Tuesday termed Khap panchayats as kangaroo courts and declared them illegal. The Supreme Court ruling said that Khap panchayats are wholly illegal and have to be ruthlessly stamped out.
A bench of justices Markandeya Katju and Gyan Sudha Mishra said in a judgement that the new trends of kangaroo courts, honour killings, "khap" panchayaths in northern India and "katta" panchayats in Tamil Nadu were barbaric and illegal, the perpetrators of which required the harshest punishment.
A kangaroo court 
A kangaroo court is a judicial tribunal or assembly that blatantly disregards recognized standards of law or justice, and often carries little or no official standing in the territory within which it resides. Merriam-Webster defines it as a "mock court in which the principles of law and justice are disregarded or perverted"
2o15 mains question
khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard.


Friday, 29 January 2016

FUNDAMENTAL RIGHTS

Right to Freedom of Religion


Right to Freedom of Religion
1. Freedom of Conscience and Free Profession, Practice and Propagation of
Religion
Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely
profess, practice and propagate religion. The implications of these are:
(a) Freedom of conscience: Inner freedom of an individual to mould his relation with God or
Creatures in whatever way he desires.
(b) Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
(c) Right to practice: Performance of religious worship, rituals, ceremonies and exhibition of
beliefs and ideas.
(d) Right to propagate: Transmission and dissemination of one’s religious beliefs to others or
exposition of the tenets of one’s religion. But, it does not include a right to convert another
person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’
guaranteed to all the persons alike.
From the above, it is clear that Article 25 covers not only religious beliefs (doctrines) but also
religious practices (rituals). Moreover, these rights are available to all persons—citizens as well as
non-citizens.
However, these rights are subject to public order, morality, health and other provisions relating to
fundamental rights. Further, the State is permitted to:
(a) regulate or restrict any economic, financial, political or other secular activity associated with
religious practice; and
(b) provide for social welfare and reform or throw open Hindu religious institutions of a public
character to all classes and sections of Hindus.
Article 25 also contains two explanations: one, wearing and carrying of kirpans is to be included in
the profession of the Sikh religion; and two, the Hindus, in this context, include Sikhs, Jains and
Buddhists.14
2. Freedom to Manage Religious Affairs
According to Article 26, every religious denomination or any of its section shall have the following
rights:
(a) Right to establish and maintain institu-tions for religious and charitable purposes;
(b) Right to manage its own affairs in matters of religion;
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law.
Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious
denominations or their sections. In other words, Article 26 protects collective freedom of religion.
Like the rights under Article 25, the rights under Article 26 are also subject to public order, morality
and health but not subject to other provisions relating to the Fundamental Rights.
The Supreme Court held that a religious denomination must satisfy three conditions:
(a) It should be a collection of individuals who have a system of beliefs (doctrines) which they
regard as conductive to their spiritual well-being;
(b) It should have a common organisation; and
(c) It should be designated by a distinctive name.
Under the above criteria, the Supreme Court held that the ‘Ramakrishna Mission’ and ‘Ananda
Marga’ are religious denominations within the Hindu religion. It also held that Aurobindo Society is
not a religious denomination.
3. Freedom from Taxation for Promotion of a Religion
Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious denomination. In other words, the State should not
spend the public money collected by way of tax for the promotion or maintenance of any particular
religion. This provision prohibits the State from favouring, patronising and supporting one religion
over the other. This means that the taxes can be used for the promotion or maintenance of all
religions.
This provision prohibits only levy of a tax and not a fee. This is because the purpose of a fee is to
control secular administration of religious institutions and not to promote or maintain religion. Thus, a
fee can be levied on pilgrims to provide them some special service or safety measures. Similarly, a
fee can be levied on religious endowments for meeting the regulation expenditure.
4. Freedom from Attending Religious Instruction
Under Article 28, no religious instruction shall be provided in any educational institution wholly
maintained out of State funds. However, this provision shall not apply to an educational institution
administered by the State but established under any endowment or trust, requiring imparting of
religious instruction in such institution.
Further, no person attending any educational institution recognised by the State or receiving aid out of
State funds shall be required to attend any religious instruction or worship in that institution without
his consent. In case of a minor, the consent of his guardian is needed.
Thus, Article 28 distinguishes between four types of educational institutions:
(a) Institutions wholly maintained by the State.
(b) Institutions administered by the State but established under any endowment or trust.
(c) Institutions recognised by the State.
(d) Institutions receiving aid from the State.
In (a) religious instruction is completely prohibited while in (b), religious instruction is permitted. In

(c) and (d), religious instruction is permitted on a voluntary basis.

Budget

INDIAN ECONOMY

FISCAL CONSOLIDATION IN INDIA



FISCAL CONSOLIDATION IN INDIA

The average combined fiscal deficits, of Centre and states after 1975, had been above 10 per cent of
the GDP till 2000–01. More than half of it had been due to huge revenue deficits. The government
were cautioned by the RBI, the Planning Commission as well as by the IMF and the WB about the
unsustainability of the fiscal deficits. It was at the behest of the IMF that India started the politically
and socially painful process of fiscal reforms, a step towards fiscal consolidation.50 A number of
steps were taken by the government at the centre in this direction and there had been incessant
attempts to do the same in the states’ public finances too. Major highlights in this direction can be
summed up as given below:
1. Policy initiatives towards cutting revenue deficits:
(i) Cutting down expenditure—
(a) Cutting down the burden of salaries, pensions and the PFs (down-sizing/right-sizing of
the government, out of every 3 vacancies 1 to be filled up, interest cut on the PF, pension
reforms-PFRDA, etc.);
(b) Cutting down the subsidies (Administered Price Mechanism in petroleum, fertilisers,
sugar, drugs to be rationalised, it was done with mixed successes);
(c) Interest burden to be cut down (by going for lesser and lesser borrowings, pre-payment
of external debts, debt swaps, promoting external lending, minimal dependence on
costlier external borrowings, etc.);
(d) Defence being one major item of the expenditure bilateral negotiations initiated with
China and Pakistan (the historical and psychological enemies against whom the Indian
defence preparedness was directed to, as supposed) so that the defence force cut could
be completed on the borders, etc;
(e) Budgetary supports to the loss-making PSUs to be an exception than a rule;
(f) Expenditure reform started by the governments in different areas and departments;
(g) General Services to be motivated towards profit with subsidised services to the needy
only (railways, power, water, etc.);
(h) Postal deficits to be checked by involving the post offices in other areas of profit;
(i) Higher education declared as non-priority sector; fees of institutions of professional
courses revised upward; etc.
(ii) Increasing revenue receipts:
(a) Tax reforms initiated (Cenvat, VAT, Service Tax, GST proposed, etc.);
(b) The PSUs to be disinvested and even privatised (if a political concensus reached which
alludes today);
(c) Surplus forex reserves to be used in external lending and purchasing foreign high quality
sovereign bonds, etc.
(d) State governments allowed to go for market borrowing for their plan expenditure, etc.
2. The borrowing programme of the government—
(i) T he Ways and Means Advances (WMA) scheme commenced in 1997 under which the
government commits to the RBI about amount of money it will give as part of its marketborrowing
programme, to bring the transparency in public expenditure and to put a political
responsibility on the government.
(ii) The RBI will not be primary subscriber to government securities in the future—committed
way back in 1997.
3. The fiscal responsibility on the governments:
(i) The Fiscal Responsibility and Budget Management (FRBM) Act was passed in 2003 (voted
by all political parties) which puts constitutional obligation on the government to commit so
many things as fiscal responsibility comes in the public finance—fixing annual targets to cut
revenue and fiscal deficits; the government not to borrow from the RBI except by the WMA;
government to bring in greater transparency in fiscal operations; along with the Budget the
government to lay statements regarding fiscal policy strategy in the House and Quarterly
Review of trends of receipts and expenditures of the government.
(ii) A mechanism (to include state governments under the umbrella of fiscal responsibility) was
advised (now implemented, too) by the 12th Finance Commission which allows the state
governments to go for market borrowing (without central permission) for their need of plan
development provided they pass their fiscal responsibility acts (FRAs) and commit to the
fiscal responsibility regarding cutting their revenue and fiscal deficits. As many as 19 states
have already passed their FRAs by now.
At present, we cannot conclude that once the FRBM Act is passed the fiscal abberations will be
automatically checked. At the same time, we cannot say whether it will hamper the social cause. But
experts agree upon that at least a legislative beginning has taken place and the opposition in the House

must have got a tool (and so the people) to create

Tuesday, 19 January 2016

Elections

common elections
http://archives.eenadu.net/01-03-2016/Editorial/Vyakyanaminner.aspx?item=opinion1

http://eenadu.net/Editorial/Vyakyanaminner.aspx?item=opinion2

http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Personnel,%20PublicGrievances,%20Law%20and%20Justice/79.pdf

http://www.livemint.com/Politics/iHGhXX34wMceSfNTbUP5GN/CEC-revives-debate-on-simultaneous-Lok-Sabha-and-Assembly-po.html
http://www.hindustantimes.com/comment/simultaneous-general-and-assembly-elections-is-not-a-workable-idea/story-uSrMzAeBV0y0VRhZFcFmoJ.html
http://www.rediff.com/news/report/ls-state-assembly-polls-must-be-held-together-advani/20120812.htm

http://www.thehindu.com/news/national/parties-activists-not-keen-on-simultaneous-polls/article7024947.ece

http://www.rediff.com/news/report/ls-state-assembly-polls-must-be-held-together-advani/20120812.htm

http://www.rediff.com/news/report/ls-state-assembly-polls-must-be-held-together-advani/20120812.htm


INdian polity

International organisation

Indain economy