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Article 370, what should be the

government's approach to it?


First we need to know the History ,The provision was drafted by
Sheikh Abdullah in 1947 the then constitution was not yet drafted,
who had by then been appointed prime minister of Jammu &
Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Article
370 of the Indian Constitution is a 'temporary provision' which
grants special autonomous status to Jammu & Kashmir. Under
Part XXI of the Constitution of India, which deals with "Temporary,
Transitional and Special provisions", the state of Jammu & Kashmir
has been accorded special status under Article 370. . Sheikh
Abdullah had argued that Article 370 should not be placed under
temporary provisions of the Constitution. He wanted 'iron clad
autonomy' for the state, which Centre didn't comply with. All the
provisions of the Constitution which are applicable to other states
are not applicable to J&K. For example, till 1965, J&K had a Sadr-eRiyasat for governor and prime minister in place of chief minister.
The basic features of the Constitution have not been explicitly
defined by the Judiciary, and the claim of any particular feature of
the Constitution to be a "basic" feature is determined by the Court
in each case that comes before it. So, as of now, article 370
doesn't form part of basic structure.
Now, can it be brought under basic structure- This depends
completely on what Judiciary interprets about the provisions of
article and procedure followed to repeal it. The following elements
of basic structures must be taken care while amending the
respective
part1. Supremacy of constitution- Art 370(3) says the proposal should
come from J & K assembly. So, no unilateral steps.
2. Principle of reasonableness- The reasons for repealing should
have
a
strong
base.
3. Principle of equality- Why only repeals this when there are
other
states
which
have
special
status.
4. May be freedom and dignity of individual may also be roped in

into this issue if any hasty decision is taken by parliament.


Any careless or hasty decision may be successfully encountered
using these provisions of basic structure and other provisions of
Instrument of accession like plebiscite which are not answered
satisfactorily.
There is very less scope of direct inclusion of art 370 in basic
structure because basic structure evolved when Legislature was
moving aggressive amendments which may affect the nation
adversely and also against spirit of constitutional principles. This
article specifically links to a state and it claims that it is
temporary. Also, as has been inflated the issue is not of the scale
which may be disintegrating India. Also, the state has become
more reasonable. Though used for political reasons, Supreme
Court may not entertain such petitions to include article in basic
structure. Rest depends on judicial interpretation.
-Sk.Amer Arafath

Black money
The Narendra Modi Government's efforts to crack down black
money abroad will have a significant boost in the Indian economy.
The Swiss Government have already extended necessary support
to the SIT on black money and is willing to work with NDA
Government in power. Infact, the names of some Indian
individuals and entities have already come under the scanner of
the Swiss authorities during an ongoing exercise to identify real
beneficiary owners of funds held in various banks operating in
Switzerland, a senior Swiss Government official has said. These
efforts by the Swiss Government will help the Indian Government
to a great extent to weed out corruption. In one of the latest
report the Swiss banks have revealed that India has more money
stashed in Swiss banks than the combined other countries.
According to a 'White Paper on Black Money in India' report,
published in May 2012, the Swiss National Bank estimates that
the total amount of deposits in all Swiss banks, at the end of

2010, by citizens of India were Rs 9295 crore or $2.1 billion. The


Swiss Ministry of External Affairs has confirmed these figures
upon request for information by the Indian Ministry of External
Affairs. However, media reports say that the total amount of
money parked in Swiss Banks is around Rs 1400 crore. Rs 9295
crore deposited in all Swiss bank by Indians at the end of 2010,
the black money or the unaccounted illegal money may generate
from activities like, illegal trade, smuggling, trafficking, terrorism,
counterfeit currency, corruption, arms trafficking, etc. Apart from
these activities, illegal money is also a part of dishonest
industrialists, corrupt bureaucrat, scandalous politicians. The
black
money is one of the major reason for foreign debt in India leading
to high fiscal deficit. If the unaccounted money is brought back,
the entire foreign debt can be repaid in 24 hours. The
Government's revenue is severely affected to running of a parallel
economy in the country. Tax evasion deeply affects Government's
revenue and if some reports are to be believed, the amount of
unaccounted money in India equals to 40 per cent of the GDP
(gross domestic product). The running of parallel economy in the
country have also encouraged corruption which is deeply-rooted
in Indian society. The NDA-Government's recent move to seek
details from Swiss banks will be one of one landmark step in
eradicating corruption. Many hawala transactions operating in the
country also contribute to circulation of black money. The real per
capita income of the people and the national income of the
country are shown as low due to these unaccounted transactions.
If all the black money circulating in the economy is flowed back
into the national economy of the country, there will a substantial
rise in the real incomes of the people and the national income of
the country. The illegal money circulations also create inflationary
pressure as Government raises tax rate due to its expenses in
order to balance the budget. Terrorism, drug trafficking has been
a menace for the Indian Government and the money used for

such illegal activities have also effected the Government's


revenue. The Special Investigation Team (SIT) on black money has
sought details of all major cases of tax evasion and criminal
financial fraud being probed by various investigative agencies
which are mandated to keep a check on circulation of
unaccounted wealth. According to PTI report, the SIT has recently
asked for the data in order to understand the trends and
magnitude of the menace of black
money and generation of illegal Funds in the country, which is
done through a variety of ways like evasion of Taxes and duties,
flouting of foreign exchange laws, creation of disproportionate
assets,
creation of 'benami' properties within the country and outside and
laundering of wealth obtained through illegal and corrupt means.
Though we have certain institutions to check black money like
CBDT( Central Board of Direct Taxes), ED (Enforcement
Directorate), Financial Intelligence Unit, CBEC(Central Board of
Excise and Custom), Central Economic Intelligence Bureau(CEIB),
we still lack proper legislation to check anti-national and illegal
activities which contribute to accounted wealth. Hawala system is
one such thing through which money can be easily siphoned away
to different places without any inquiry. The Indian election process
is one of the major contributor to
black money with crores of wealth generated for campaigning for
the candidates in the Lok sabha and Assembly elections. A study
by the Mumbai-based Centre for Monitoring Indian Economics
(CMIE) found in 2006 that each parliamentary poll generates
between $10.19 billion and $11.33 billion of black money. The
Election Commission has also addressed these concerns in the
recently concluded Lok Sabha election. After last UPA Government
failed to bring back illegal money stashed abroad, the people
have lot of expectations from the new NDA Government in power

to check black money which is severely affecting our GDP and


overall Indian economy. The Narendra Modi Government who
is already facing severe challenges of high inflation, low growth
and high fiscal deficit will have to strategically plan to bring back
unaccounted wealth over a period of time. The Special
Investigation
Team (SIT) constituted by Indian Government have promised
action if any illegality found. The Government should aim to have
transparent economic management system, which can only help
to root out the evil of black money and corruption from our
society. Even though it may take a period of time to eradicate
circulation of illegal money but no doubt the Government's
initiative is welcomed.
Dharmjeet Singh

Will the recently passed Lok Pal Bill end


Corruption in India
The very first day of the year 2014 turned out to be promising
one, as the much awaited Lokpal bill became an act after
receiving signatures from the President of India on January 1,

2014. It brought cheer to all the citizens who were waiting for the
act to be made to curb corruption in the country.
The Lokpal and Lokayuktas bill was pending in the Parliament
since many years. It was due to the efforts of India against
corruption movement that the bill again came to life & demand
was raised to make it a law as early as possible.
However critics say that the passing of the Lokpal bill was a
publicity stunt by the government for attracting votes in the
forthcoming general elections this year.
The Lokpal Bill, 2013, also referred to as The Lokpal and
Lokayuktas Bill, 2013 seeks to provide for the establishment of
the institution of Lokpal to inquire into allegations of corruption
against certain public functionaries and for matters connecting
them. The states will have Lokayuktas appointed and there will be
one Lokpal at the centre.
The bill was tabled in the Lok Sabha on 22 December 2011 and
was passed by the house on 27 December 2011 as The Lokpal
and Lokayuktas Bill, 2011. The bill was subsequently tabled in the
Rajya Sabha on 29 December 2011. After a marathon debate that
stretched until midnight of the following day, the vote failed to
take place for lack of time. On 21 May 2012, the bill was referred
to a Select Committee of the Rajya Sabha for consideration.
The Lokpal bill was finally passed in the Rajya Sabha on 17
December 2013 after making certain amendments to the earlier
Bill and in the Lok Sabha on 18 December 2013. After that it
received assent from the President of India.
The few changes that were made in the newly passed bill are;
bringing Prime Minister under its ambit, but with certain
limitations & no transfer of the CBI officer investigating the case
without the permission of Lokpal, etc.
The bill was introduced in Parliament following massive public
protests led by anti-corruption crusader Anna Hazare and his
associates at Ralegaon Siddhi, Maharashtra in December 2013.

The Lokpal bill is one of the most widely discussed and debated
bills in India, both by the media and the people of India at large,
in the recent times. The bill received worldwide media coverage.
However, the big question is how to implement Lokpal Act
properly and will it end corruption in the country? The answer to
this is even more complex. Making Lokpal a law is not enough,
what is needed is its proper implementation and authorization.
Also the persons appointed as Lokayuktas should be free to act in
their own authority. The person should not work for the ruling
government and he should work for the people to serve the
nation.
We have seen in past how some agencies of the government
failed to act against the government in corruption cases. This act
that has provided a stronghold & the independence of Lokpal
should be protected.
One of the contentious points of the Act is the committee which
will recommend the name of the Lokpal will have members from
the ruling party with no opposition members or from the civil
society. This means that it is giving an option to the government
to abuse the power as it has happened in the past. The
recommendation should be given by a broader based committee
and this should provision should be incorporated in the Act sooner
tha later.
Another important question that is not answered is the
background of the Lokpal? Whether the Lokpal should be form the
legal background, an eminent jurist or a retired or serving
bureaucrat. All these questions need to be answered. Critics say
that the Lokpal will only add to the expenditure of the
government. Is it true?
The need of the hour is to properly implement the Lokpal act and
have a fair recommendation for the Lokpal. We can only nip
corruption in the bud if transparency is maintained while selecting
the Lokpal and also during the proceedings of the corruption
cases. Corruption is the biggest cause of dissatisfaction among

Indians. It is hoped that the Lokpal will be able to make India


corruption free.

India's Mars Mission What it intends to


achieve
What India does has always been a subject of great interest and
debate in the world. These debates always begin from a critical
evaluation of India's multifaceted potential, and culminate in
reprimanding our country's evolving prowess.
India's Mangalyaan or Mars mission is an ambitious project that
has been completely sidelined by the world media calling it
unnecessary scientific experiment by a country that houses
almost a third of the world's malnourished people.
Contesting such school of thought, India's maiden Mars mission is
a big scientific achievement that places our country amongst the
exclusive elite in the space technology.
India is the sixth nation in the world to launch a mission to the red
planet. This was done at very low cost. ISRO's reputation for
austerity is aptly exemplified by the fact that Mangalyaan was
developed recycling an existing spacecraft body design.
Also, it is a commendable feat of ISRO that it has achieved a
successful first flight launch mission to the Mars, at a price that
would put other space agencies to shame.
ISRO which has indigenously developed technologies to launch
spacecraft in the past is fast becoming a space hub in the country
and is likely to generate thousands of jobs for our engineers.
The Mars mission comes as a welcome relief to the country facing
the problems of economic slowdown. It raises their moral and the
common man feels proud at t our scientific achievement. This
ambitious mission has strengthened India's foothold in community
of scientific nations

More enticing fact about this project is that the kids and
teenagers are getting lured to pursuing rocket science in their
higher studies. This is a healthy sign for the development of
scientific temper in the country.
The Mars mission aims to achieve utilitarian goals by digging
deeper into the secrets of the red planet. The orbiter while
making an effort towards sniffing traces of methane, would also
measure relative abundance of hydrogen in its upper atmosphere,
to introspect the history of water in this planet. The mission
promises to generate useful engineering and scientific data that
could be useful for further research.
Those who say that India that is struggling with problems of
poverty and malnutrition sanitation and hygiene should have kept
away from taking giant leaps towards scientific fulfilment should
understand that our problems are not because of lack of expertise
but due to incapacity to execute the right policies.
As a result the 450cr expenditure, incurred on ambitions mars
mission should not become an excuse to downplay our
capabilities and achievements. If critics say that it was an act of
garnering international prestige then yes it is indeed our moment
of pride, earned with self reliance. We should not ridicule the
great efforts of our scientists, who achieved this feat with little
exposure and at with a minimum cost.
Subhra Subhadarshini

Scrapping of the Planning CommissionDiscuss


With the development of Constitution there were several
constitutional bodies which established. Constitutional body is one
whose functions are mentioned in the Constitution, for any
change in their functionalities Constitutional amendment is

required with special majority Eg, Finance Commission. Such


bodies are integral part of our Constitution.
Apart from these Constitutional bodies, a need was raised to
make some non-constitutional bodies, which can be easily
modified as time and situation demands. One such body is
Planning Commission, under the chairmanship of Prime Minister.
Planning commission was established in 1950 with the aim of
mirroring the strategies and development ideas of government,
for raising the living standard of citizens in various aspects.
Relevance
of Planning Commission
Planning Commission works in three stages: first drafting of plans,
then implementation of those plans, and the last one is to
evaluate and analyze the impact of those plans. Till now 11 five
year plans have been executed with various goals. This is the
time for 12th FYP (2012-2017). The aim of 12th FYP is faster,
more inclusive and sustainable growth. Five year plan provides
time bound execution of government policies, which makes it
more productive. The importance of FYP can be judged from
historical evidences. It is being implemented since 1950, and no
government has ever dared to think of policy formulations without
this commission. This has become an integral part of Government
functionaries.
Old wine
in
new bottle
The drafting approach for 12th FYP (2012-2017) is more or less
plagiarized from its previous versions. Its aim is faster, more
inclusive and sustainable growth. The growth in the areas of
health, education, life expectancy, morality rate, employment,
industrial development, environmental issues etc. are parameters
of faster, more inclusive and sustainable growth. These areas
have already played a significant role in previous FYPs.
Government has given these parameters, a place in previous
plans. Hence the draft of 12th FYP can be considered as gist of
previous 11 five year plans in a new structure. The five year plans
draft should also include new areas as well, for eg corruption,
female security, male security against false claims etc. It's a high
time for need of a new wine instead of old wine in new bottle.

Onlything
Constantis, Change
Planning has its relevance at present scenario also, but not in the
way as it was practiced many years ago. It requires more critical
thinking and strong analyses which can meet present demands.
Fifty years ago planning was necessary not only to achieve
distributional objectives but also to achieve a high rate of growth.
That was the time of making foundation of our existence. Indian
planning follows socialistic economy approach. It's a high time for
planning in various new areas which people are demanding for.
We should start thinking in new prospects instead of following
previous ones blind-folded. Change is continuum everywhere and
at all times. It is required whenever old system is not able to fulfill
requirement as per expectations.
If
not,
Planning
Commission,
then
what?
Now the question arises, if planning commission is scrapped then
what will be the process of planning and under which
organization? It is being recognized that the new institution will be
set up on public-private partnerships (PPP model). The resources
will be utilized optimally, state governments will be directed and it
will be a sort of organization that will make our federal system
stronger than ever.
Nutshell
It is evident that, for proper functioning of any governance,
adequate planning is mandatory. Planning is the first step of good
governance. It is an ongoing process. India is a multicultural,
multi-ethical and multi-religious country. Experts believe that
India needs an institution that can define the strategies and
provide a clear cut image of the country. Government must lay
down a strategy and formulate a path to tackle the fundamental
problems of the country instead of making five years plans.
Whether it is the Planning Commission or any other institution,
objective should be to develop India. It should be free from
political interference. Instead of scrapping it, more professionals
and experts can be added and the Planning Commission must be
freed from any political influence.
Ruchika Chaudhary

Scrapping of the Planning CommissionDiscuss


Among the various ideas and schemes which the Prime Minister
Narendra Modi announced in his Independence day speech, the
most striking was the dismantling of the 64 year old Nehruvian
socialist institute called the planning commission and the creation
of a new think tank to replace it.
The idea of planning and a planning commission was first mooted
by Netaji Subash Chandra Bose and Meghanad Saha in the 1938
Congress session. Post-independence, a more formal model of
planning was established and accordingly the planning
commission was created on March 23rd, 1950 by Prime Minister
Jawaharlal Nehru. It was not a constitutional body but an arm of
the union/central government. Post-independence the country
faced a lot of issues ranging from huge unemployment, lack of
industries, poor education and healthcare system, outdated
agricultural methods and low agricultural productivity. To tackle
these issues there was a need for proper planning and
structuring.
The planning commission has 3 prominent roles. First and
foremost is that it draws a blueprint of the country's development
over a period of five years and outlines a detailed strategy for
achieving this goals and objectives. The first five year plan took
off in 1951 and subsequently the second and third plan took off in
1956 and 1961 which laid emphasis on improving the agriculture
productivity to make the country self-sufficient in food grains.
Successive droughts, the Indo-Pak conflict and the devaluation of
rupee halted the five year plans and annual plans were introduced
in 1966,1967 and 1968. Annual plans were also introduced in
1990-91 and 1991-92. The first eight plans from 1951-1997 was
focused on growing the public sector with massive investments in
industry and heavy machinery and developing the agricultural
sector. From 1997 the emphasis became less pronounced on
public sector and there was a sense that planning should be more
indicative.

The second important role of the planning commission is to


determine the size of plans for the states and allocate funds.
Though it started out as an idea to help states in a planned and
efficient manner, it has over the years become a very contentious
issue and the state governments particularly ruled by parties who
are in the opposition at the centre have accused the commission
of being biased.
The third function of the commission is the formulating of various
projects and policies of each ministry. While this was brought with
an idea of bringing better coordination among various ministries,
it has led to the planning commission becoming a parallel unit
corresponding to each ministry.
Planning was a vision. It was perceived in 1950s as a tool which
was used to usher in faster economic growth. This was consistent
with the thinking at that time that the state must have control
over many areas, but times have changed. Post liberalisation era
has changed the idea of planning and now it is more of an
indicative nature. The role of private sector has greatly increased.
While the planning of the type that was used for the first five
decades is not relevant, we still need an organisation that can
tackle contentious and critical issues and provide a long term
solution. The role of states has increased. They now have a
greater say in the infrastructure and economy. The centre and
states need to adopt a broader framework and formulate better
policies. The new think tank must facilitate both the states and
centre and prepare plans that are acceptable to both.
Two major roles of the planning commission can be reduced.
Allocation of funds and resources to the states has always been a
contentious issue and should be taken out of the purview of the
Commission. The best authority to do this would be the Financial
Commission which is a constitutional body. The role the planning
commission in deciding on policies of the ministries also needs to
be looked at. The issues cutting across various ministries like
energy, transport and environment need to be considered and a
more holistic view needs to be taken. The ministries consider
themselves responsible to implement the projects and often feel
the Planning Commission a hindrance. Ministries can be given

greater autonomy and in this regard the planning commission


should limit its role to more of an advisory body. Moving forward
the planning commission or the new think tank needs to take in
many new factors like environmental factors and energy security
in formulating policies to ensure a faster rate of sustainable
growth with equity. The task of planning should now be replaced
with growth and development and the other two roles should be
delegated to other departments.
Thus in conclusion a National Development Commission or a
growth Commission which focusses on sustainable development
and is of indicative nature is a welcome replacement of the old
Planning Commission which has over the past 60 years greatly
contributed to laying the foundations of modern India.
Vaibhav Mahadevan

The future of the Internet?


"Two- thirds of world's Internet users are from developing world.
Globally, there are 4 billion people not yet using the Internet and
more than 90 % of them are from the developing world", says the
2014 ICT facts and figures of International Telecommunications
Union. Though plausibly contradicting, the figures with Indian
position are only positively astonishing. With a population of
5,000,000 users in the year 2000, India has crossed over

195,248,950 internet users by the end of 2013. Now, India is


world's third largest internet user after the U.S and China. Today,
internet is an equitable necessary facility to all of its users
available on reasonable rates and ratios. Thus the future of
Internet in India, though secured or not, is but only showing
tempting corroboration.
"Access" is the keyword of Internet usage, which is what with its
users have found utility for. Internet in India has opened easy
access routes to vital service platforms including education,
commerce and information technology. However, to induce
development of the nation, the transactions via internet has to be
suitably regulated with law. The rates of fraud, offences and crime
within internet activities are also alarming in India. Cyber law
awareness as well is a concern of lesser interest for internet users
in India. Unlike in the conventional modes of data communication
& transaction, potential threats are more probable through
internet. Most of the existing safeguards under the current legal
framework lack professional touch of expertise.
Electronic Commerce, Social networking and Data communication
are three current hotspots of internet utility in India. Electronic
Commerce has brought speedy and cheaper services for a
consumer. The Information Technology Act, 2000 is the first and
foremost Cyber law of India. But the implications of Indian cyber
laws over online transactions are lesser known to Indian
consumers. They are unaware as to how their rights are protected
through these cyber laws. Like the Consumer Protection Act,
1986, the law governing online transactions are also a must
education for a 'consumer' of online services. With such state of
affairs, the status and legal prospects for E-Commerce
transactions in India is now swaying into uncertainty.
Social networking is a parallel plot for internet utility to ECommerce in India. A report on social media in India by the
internet and Mobile Association of India (IAMAI) and Indian Market
Research Bureau (IMRB) indicates that the number of social media
users in urban India reached 62 million by December 2012. This
rising internet corroboration is now easily possible with the
affordability of smart phones. True, technological advancement is

the foremost factor which sustains a developed nation. However,


the channelization of internet utility is not utterly productive in
India due to technological enslavement. This requires change in
attitude of the users.
The legal regulation of Internet activities in India should be a
concern of priority for the Government. The I.T Act, 2000 is known
for its lack of foundation as a beneficial piece of legislation.
Though it defines many concepts in one spine, modeled from the
UNCTITRAL Model Law on Electronic Commerce Transactions, it
only pays little effort to encourage an environment to make laws
regulating E-Commerce or internet activities to be transparent
and effective. The Indian Contract Act, 1872, Indian Penal Code,
1860, The Consumer Protection Act, 1986, Law on Intellectual
property and taxation etc has to be read alone for a
comprehensive regulation of internet activities which makes the
regulatory aspects scattered over pieces of legislation. In its
current form, the IT Act is almost inadequate to perform as a
comprehensive Cyber law of India. It is in the better interest of
India that there be efforts to fashion the IT Act into a substantive
Cyber law and thereby leveling itself to its global counterparts.
The difficulty to trace evidences and proving the genuineness of
the same in courts has been a hindrance to lower the cyber crime
rates in India. The expertise in operating hardware and software
systems is also lacking in regulatory sectors. To overcome the
hindrances, the need of the hour would be a collective action from
all of the stake holders so as to cut out an effective techno-legal
framework governing the productive internet activities.
C.P Sabari

Natural disasters

Natural disasters in India have always posed a challenge for the


Government. Decades back it was difficult to predict any natural
disaster like earthquake, hurricanes, floods and Tsunamis and
therefore making the relief operations even more difficult and
complex. Apparently this is not the case today, with the advent of
high end research and development in the area of environment
and disaster management it is now possible to predict such
natural calamities and also mitigate the adverse effects of such
calamities.
Relief funds are helpful only when it reaches the actual
beneficiaries, but in a country like India where there is no proper
mechanism of the funds reaching these beneficiaries ,relief funds
only adds to the advantage of the politicians and bureaucrats who
get a golden opportunity to siphon away those funds without any
accountability. This is one of the reasons why the government
should encourage ''Aadhar" cards ,through which the
beneficiaries' bank account can be linked and funds would be
directly transferred to that account hence eliminating the need of
any middlemen ,but as of now this initiative has a long way to go
and become a reality. Till then lets focus on what is the other
alternative.
As mentioned earlier natural calamities like floods, earthquakes
,hurricanes can be predicted with the use of modern technology
,this further would give enough time to prepare for the relief
operations, but harnessing these technologies and making the
best use of them depends on how effectively the staffs and
officers of various departments related to disaster management
and relief ,work and coordinate between each other. There is a
noticeable lack of synergy and also there exists a wide

communication gap between these departments(IMD, NDRF,


Municipalities ,etc) as a result of which crucial information related
to such disasters are missed hence preventing and mitigating
their adverse effects becomes very difficult. One more factor is
readiness. Stating this I would like to quote a phrase "The more
you sweat in peace, the lesser you bleed in war". The personnel of
these departments should be subjected to continuous training
and monitoring in order to ascertain their preparedness for such
unforeseen natural disasters. Moreover general public should also
be educated on the basics of disaster management. This can be
done through informative posters, radio, doordarshan etc.
A good example of proper relief and disaster management was
when the cyclone "Hud Hud" had hit the coastal cities of Andhra
Pradesh and Odisha. No doubt there was a significant economic
and financial damage but on the other hand there was a minimal
loss of human life. This was possible since there was prior
information on the cyclone and hence enough time was there to
evacuate the people living near the coastal areas .Many a times
such crucial information are missed and the outcome ends up to
be disastrous.
Where as in the case of Jammu & Kashmir it was only after the
flash flood had occurred and reached to its peak then the relief
operations started. There was no prior warning of any such floods
nor were the weather department successful in predicting a heavy
rainfall .There was no prior preparedness of the authorities in this
case. Moreover there was no proper infrastructure in terms of
drainage and other facilities. Now the government has released
Rs 750 Cr for relief. It is now left to see how effectively these
funds are utilised and whether the actual beneficiaries receive
their share of money.

With this I would like conclude that proper preparedness of relief


operations are more crucial and important than distributing funds
after the disaster occurs.

Asian games
Apart from the rich culture and diverse arts presence, India has
tremendous experience and has thrived in different sporting
activities. The history of sports in India dates back to the Vedic
era. Physical culture in ancient India was fuelled by religious
rights. The mantra in the Atharvaveda, says, "Duty is in my right
hand and the fruits of victory in my left." In terms of an ideal,
these words hold the same sentiments as the traditional Olympic
Oath: "For the Honour of my Country and the Glory of Sport."
Games like chess, badminton, playing cards, and polo originated
in India and it was from here that these games were transmitted
to foreign countries, where they were further modernised.
In India, sport is taken as part of the Indian entertainment,
culture, traditions and even spirituality. The most popular sport
that has taken India to greater heights is cricket. Cricket is a
religion and the Indian society is associated with the sport
wherever they are across the world. The sport is played at all
levels and ages starting from the grassroots up to a national level.
The game has given rise to popular personalities in all aspects of
the game. Unlike in other sports such as football, the sport has
given rise to the popularity of coaches and even commentators.
A second most popular sport in India is Chess. India boasts of the
invention in the game. Its innovation has popularized the game to

a world class competition. A legend known as Vishwanathan


Anand took the sport through the period known as obscurity and
transformed it to an interesting and a world hit. Indian chess is
managed by The All India Chess Federation (AICF) which is the
central administrative body. This body was founded in 1951 and is
headquartered in Bombay. Currently, the state of this game in the
country is excellently good. In fact there are many gifted players
in the country with some rating top ten in world chess
competitions. Another popular sport in India is football which is
rated second to cricket. This game is played around the country
and as even as a favourable sport in some states like Goa and
west Bengal. Kolkata is regarded as the home of the Indian
football. Beside cricket, hockey is taken in India as another
national sport. Though the country was under political
suppression for many years, the spirit of the sport did not die with
the intimidations. The Indian Hockey team proved to the world
that it is a force to reckon with. Another popular sport in India is
Tennis, though this game was "exported" to India by the
Englishmen, the Indian tennis team boasts of some world class
admired players. The ideal tennis players in India have razor
sharp playing concentration, stamina and superior agility in
fighting spirit and high devoted sporting personality. The last
sport to mention here is the Indian athletics. Athletics in India
dates back to the pre-colonial era where the Indian people
engaged in various track and fields athletic events. Due to
civilization, globalization and local development, India has seen
many local athletic participants scoop global awards as witnessed
in the recent London Olympics where Indian boxers emerged top.
This performance in addition has raised the expectations in other
sports like marathon and high jump events in the upcoming 2016
Olympic events.
However, in India sports still is ignored and that shows in the
medal tally in recently concluded Asian Games. Except cricket
other sports do not receive that much attention and sponsorship.

The sorry state of Indian sports in Asian Games is because of


commercialisation of cricket and management of sports bodies by
bureaucrats instead of sportspersons who have better knowledge
of the game then the ministers and bureaucrats. This has
somehow changed in recent times as there are various private
sponsored tournaments based on the model of Indian Premier
League are introduced like the Pro Kabbadi League, Indian Super
League, Indian Badminton League etc. This is certain to provide
the necessary boost to the sports in India and soon we may see
many gold medals in Asian Games as well as in Olympic games.
Blossom B. Sahoo

Political Corruption in India!


Political corruption is worst in India. The major cause of concern is
that corruption is weakening the political body and damaging the
supreme importance of the law governing the society. Nowadays
politics is only for criminals and criminals are meant to be in
politics. Elections in many parts of the country have become
associated with a host of criminal activities.
Threatening voters to vote for a particular candidate or physically
prevent voters from going in to the polling booth especially
weaker sections of the society like tribals, dalits and rural woman
occurs frequently in several parts of the country. Tax evasion is
one of the most popular forms of corruption.
It is mostly practiced by Government officials and politicians who
lead to the accumulation of black money which in turn spoils the
moral of the people.CBI has registered over 1,450 cases of
alleged corruption during the years 2010, 2011 and 2012 (till
March 31, 2012), it has registered 1,451 cases under the
prevention of Corruption Act, 1988.

Out of these 1,451 cases, 464 were trap cases. 2012 marks 60
years since the first Indian general election. In this time, the
Election Commission of India has come a long way in ensuring the
conduct of free and fair elections at various levels, -thus
cementing its reputation as one of the most respected
constitutional bodies in recent times.
Inspite of its reputation, elections have become perhaps the
biggest source of corruption in the country. Inevitably, the
proceeds of corruption worms its way into funding election
campaigns. So much so, that the National Commission to Review
the Working of the Constitution, 2001 noted that electoral
compulsions for funds become the foundation of the whole
superstructure of corruption.
In more recent developments, surprisingly, none of the various
Lokpal bills address the issue of electoral corruption. While the
apparent silence of the politicians on this issue is understood, one
can only speculate as to why Team Anna and various other nongovernmental bodies pitching for a strong Lokpal have remained
silent on this issue.
Reforms, if any, have come from the judiciary and the Election
Commission. Two such measures stand out: firstly, the 2003 Order
of the Supreme Court of India in PUCL v. Union of India
mandating that all electoral candidates submit an affidavit
disclosing their assets, liabilities and criminal records, and,
secondly, the usage of electronic voting machines (EVMs) that
have greatly helped in tackling vote rigging.
However, mere directives and enforcement by the Election
Commission and Supreme Court are insufficient. In about 2008,
pursuant an order of the Chief Information Commission declaring
political parties as public authorities, the parties submitted

detailed balance sheets indicating the availability of funds,


income and expenditure incurred by them.
The results reveal that national parties like the Congress and BJP
had incomes of Rs. 240 and 220 Crore respectively in the year
2010. This figure is measly when compared to the fact that the
Election Commission itself estimated that over Rs.3500 Crores
($750 million) was paid in bribes during the elections in five
Indian states in April and May 2011.

Political Corruption in India!


Political corruption is worst in India. The major cause of concern is
that corruption is weakening the political body and damaging the
supreme importance of the law governing the society. Nowadays
politics is only for criminals and criminals are meant to be in
politics. Elections in many parts of the country have become
associated with a host of criminal activities.
Threatening voters to vote for a particular candidate or physically
prevent voters from going in to the polling booth especially
weaker sections of the society like tribals, dalits and rural woman

occurs frequently in several parts of the country. Tax evasion is


one of the most popular forms of corruption.
It is mostly practiced by Government officials and politicians who
lead to the accumulation of black money which in turn spoils the
moral of the people.CBI has registered over 1,450 cases of
alleged corruption during the years 2010, 2011 and 2012 (till
March 31, 2012), it has registered 1,451 cases under the
prevention of Corruption Act, 1988.
Out of these 1,451 cases, 464 were trap cases. 2012 marks 60
years since the first Indian general election. In this time, the
Election Commission of India has come a long way in ensuring the
conduct of free and fair elections at various levels, -thus
cementing its reputation as one of the most respected
constitutional bodies in recent times.
Inspite of its reputation, elections have become perhaps the
biggest source of corruption in the country. Inevitably, the
proceeds of corruption worms its way into funding election
campaigns. So much so, that the National Commission to Review
the Working of the Constitution, 2001 noted that electoral
compulsions for funds become the foundation of the whole
superstructure of corruption.
In more recent developments, surprisingly, none of the various
Lokpal bills address the issue of electoral corruption. While the
apparent silence of the politicians on this issue is understood, one
can only speculate as to why Team Anna and various other nongovernmental bodies pitching for a strong Lokpal have remained
silent on this issue.
Reforms, if any, have come from the judiciary and the Election
Commission. Two such measures stand out: firstly, the 2003 Order
of the Supreme Court of India in PUCL v. Union of India
mandating that all electoral candidates submit an affidavit

disclosing their assets, liabilities and criminal records, and,


secondly, the usage of electronic voting machines (EVMs) that
have greatly helped in tackling vote rigging.
However, mere directives and enforcement by the Election
Commission and Supreme Court are insufficient. In about 2008,
pursuant an order of the Chief Information Commission declaring
political parties as public authorities, the parties submitted
detailed balance sheets indicating the availability of funds,
income and expenditure incurred by them.
The results reveal that national parties like the Congress and BJP
had incomes of Rs. 240 and 220 Crore respectively in the year
2010. This figure is measly when compared to the fact that the
Election Commission itself estimated that over Rs.3500 Crores
($750 million) was paid in bribes during the elections in five
Indian states in April and May 2011.

Important Measures to Control Corruption in India!


Some analysts believe that one of the means for tackling
corruption would be to stifle the ends that corruption money
seeks to serve, i.e. the thriving use of financial resources by those
who wish to stay in power. Various Government, NonGovernmental bodies and individuals have suggested proposals in
this direction.
However, considering the greed of those hungry for power, these
proposals may meet the same fate as that of the Lokpal and the
Womens Reservation Bill. Three such proposals, however, ought
to be highlighted.
Firstly, an argument for state funded elections. In 1998, the
Indrajit Gupta Committee on State Funding of Elections backed
the idea of state funded elections stating that it saw full

justification, constitutional, legal as well as on grounds of public


interest, for a grant of state subvention to political parties so as to
establish such conditions where even the parties with the modest
financial resources may be able to compete with those who have
superior financial resources.
Such recommendations, in some form or the other, were later also
approved by the Law Commission of India in 1999, National
Commission to Review the Working of the Constitution in 2001
and the Second Administrative Reforms Commission in 2008. A
Group of Ministers (GOM) had been constituted by the central
government to look into the introduction of state funding of
elections.
Such proposals would involve the Election Commission or any
other state body giving each party requisite fund to run day-today services and election campaigns in the country. Across the
world, such measures were first introduced by West Germany in
1959 and today over 75 countries, including more than 90% of
the European Union have provisions for state funded elections.
The introduction of such measures may not have been extremely
successful in these countries, but few would deny that, at the
least, these measures enabled the respective election
commissions to conduct proper audits as to the use of election
money and better help in identifying the sources of black money
used in election campaigns.
According to the Election Commission in India, however, such a
proposal may be futile, as to address the real issues, radical
changes are required in the laws regarding receipts of funds by
political parties and the manner in which they spend such funds.
Secondly, an argument for regulation and close monitoring of
corporate financing of elections and political parties. Currently,
the Companies Act, 1956 allows for companies to donate as much

as 5% of their net profit to political parties. Such donations also


enjoy tax exemptions.
In order to ensure a degree of transparency in such funding, the
Representation of People Act, 1951 states that political parties are
required to submit details of contributions received in excess of
Rs 20,000 from any individual, group or company.
Nevertheless, by the admission of the Election Commission itself,
such measures havent been adequate in addressing corporate
corruption and financing of political parties. Despite the presence
of strong corporate laws, Companies still manage to squeeze out
crores in bribes.
What is required are elaborate laws that can effectively monitor
corporate donations, bribes and black money paid by corporate to
political parties- unlawful actions that companies manage to
undertake with ease under the current laws. It may be noted that
the non-addressal of this issue was also used as a trump card by
Mr. Sitaram Yechury of the CPI in the Rajya Sabha for preventing
the passage of the Lokpal and LokAyuktas Bill, 2011.
It is also quite ironic that on the one side the government has
formed committees and vehemently argued for state funded
elections, while on the other hand, in December 2011, the
Government introduced the Companies Bill, 2011, which in one of
its provisions has suggests increasing corporate funding to
political parties from 5% to 7.5% of the net profit earned by a
company.
The third proposal would involve the maintenance of accounts by
the candidate and the political party. Currently, the spending
limits by a candidate include Rs 40 lakh for campaigning for a Lok
Sabha seat and Rs 16 lakh for a state election. However, the
National Commission to Review the Working of the Constitution,

2001 noted that the campaign expenditure by candidates is in


the range of about 20 to 30 times the legal limits.
The flaw in the current law is that while under Section 77 of the
Representation of Peoples Act, 1951, a candidate is to maintain a
correct account of all expenditures relating to the election, the
explanation to the section excludes the expenditure incurred by
his/her political party on this account. Thus, candidates contesting
elections are easily able to show that they are within the
prescribed limit while the political party has incurred massive
expenditures for the same purpose.
Inclusion of expenditures by political parties under the Act would
not by itself be enough. The problem faced under the current law
is the lack of permanent auditing agencies to scrutinize the
accounts filed by candidates. Placing political parties under the
ambit of the law would require even greater numbers of
administrative personnel to monitor and audit the accounts.
It is not that each of the above proposals are mutually exclusive
of each other. Reforms to tackle corruption related to electoral
funding would require thorough deliberation of each of the
proposals and the extent to which they may be applicable in the
Indian socio-political system.
These reforms will have to come from the legislative branch of
Government- the same people the law will be applicable to. Given
the current milieu with the Lokpal, however, electoral reforms on
the part of the legislature seem a distant reality. This leaves a
great void, and one which a proactive judiciary will have to fill in.
It was the effort of the Supreme Court and the Election
Commission in 2003 that led to candidates declaring their assets
and criminal backgrounds. A further fillip to checking electoral
corruption has come in the form of the Supreme Court recently

asking the Centre as to why persons charge sheeted as per law


should not be barred from contesting elections.
The elections see a massive deployment of resources. Income tax
officers monitor expenditures by candidates with each candidate
being asked to open separate bank accounts for election
expenses.
There are Some Specific Measures to Control Increasing
Corruption:
1. The Right to Information Act (RTI) gives one all the required
information about the Government, such as what the Government
is doing with our tax payments. Under this act, one has the right
to ask the Government on any problem which one faces. There is
a Public Information Officer (PIO) appointed in every Government
department, who is responsible for collecting information wanted
by the citizens and providing them with the relevant information
on payment of a nominal fee to the PIO.
If the PIO refuses to accept the application or if the applicant does
not receive the required information on time then the applicant
can make a complaint to the respective information commission,
which has the power to impose a penalty up to Rs.25, 000 on the
errant PIO.
2. Another potent check on corruption is Central Vigilance
Commission (CVC). It was setup by the Government to advise and
guide Central Government agencies in the areas of vigilance. If
there are any cases of corruption or any complaints thereof, then
that can be reported to the CVC. CVC also shoulders the
responsibility of creating more awareness among people
regarding the consequences of giving and taking of bribes and
corruption.

3. Establishment of special courts for speedy justice can be a


huge positive aspect. Much time should not elapse between the
registration of a case and the delivery of judgment.
4. Strong and stringent laws need to be enacted which gives no
room for the guilty to escape.
5. In many cases, the employees opt for corrupt means out of
compulsion and not by choice. Some people are of the opinion
that the wages paid are insufficient to feed their families. If they
are paid better, they would not be forced to accept bribe.
The one thing that needs to be ensured is proper, impartial, and
unbiased use of various anti-social regulations to take strong,
deterrent, and timely legal action against the offenders,
irrespective of their political influences or money power. Firm and
strong steps are needed to curb the menace and an atmosphere
has to created where the good, patriotic, intellectuals come
forward to serve the country with pride, virtue, and honesty for
the welfare of the people of India.

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