ethics

ven by Indian Medical Association (IMA)- Don’t indulge in the business of ‘No Cure, No Payment’ or ‘Guarantee any cureViolation: Medical Council of India (MCI) Code of Ethics Regulations and also Drugs and Magic Remedies ActNeed: To educate patients about how not all lives can be saved and how the success of all treatments cannot be guaranteed


Quote from World Banks 2015 WDR behabioural change

In Germany and Austria both are similar societies; But in Austria by default if you dont say no ur organs will be donated when you die but in Germany one has to say yes to get his/her organs donated. This produces a vast difference between the 2 nations. Austria seeing a huge organ donation.

Arbi medi adr

ethicsa

Meet Mr.Sandeep Nanduri IAS (Collector of Tirnelveli district, Tamil Nadu)

Mr.Sandeep discovered that there are lot of poor people (daily wage workers) in his district, so he wanted to help these poor people by providing basic amenities such as clothing, books and other basic needs. In order to provide basic amenities to all poor people in his jurisdiction needs a lot of money.

But this man wants to tackle this situation and help the needy, Sandeep came up with a novel idea. He transformed a wall at the local collectorate office compound into a ‘Wall of Kindness’ ,where people could leave stuff that they no longer used or needed and hope that their actions would encourage others to follow suit.

“One man’s trash become another man’s treasure”

First ever Wall of Kindness in Tamil Nadu:

Social media politcal corruption ethics ritch

Section 295 a of ipc holds that publishing with deliverate and malicious intentions of hurting the religious feelings of a community is a punishable offence

Section 153 a of ipc promoting enmity between different groups on grounds of religion race place of birtg residence and language etc

Its protector of indian diversity. Ha mr 10 percent

E-judiciary

It is a digital case management system adopted by Supreme CourtIt will help in making SC a paperless, digital courtSubsequently, all High Courts, District Courts, Sub-Division Courts will be integrated with the new system.Later on, all the jails in the country will be Integrated by ICMIS software.ICMIS will help litigants access data and obtain informationabout the filing, delays etc. It would pave way for theintegration of all courts in the country.The appellants hereafter is not required to file the records as the records will be picked up electronically from trial courts and high courts.The digital filing system will also help in ushering transparency as nothing can be manipulated with this paperless system. Also, the litigants will be able to know the progress of the case on real time basis.

Ordinance ritch

January 2, in one of many judgments delivered on its first working day of the year, the Supreme Court, in Krishna Kumar Singh v. State of Bihar , made a series of pronouncements with potentially huge implications for the future of democratic governance in the country. The case raised intricate constitutional questions concerning the executive’s power to make law through ordinance, but the majority’s opinion, authored by Justice D.Y. Chandrachud, on behalf of five of the seven judges who heard the case, is lucid both in its reasoning and in its ultimate findings.

For far too long, the court recognised, the power to make ordinances has been abused to subvert the democratic process. A failure of a legislature to confirm an ordinance, therefore, in the court’s ruling, was fatal both to the validity of the law, and also, unless public interest otherwise demanded, to the rights and liabilities that may have accrued from such a law. According to Justice Chandrachud, the authority to issue ordinances is not an absolute entrustment, but is “conditional upon a satisfaction that circumstances exist rendering it necessary to take immediate action”. In other words, ordinances are not immune from judicial challenge.

Ordinary idea of ordinance

The contest over the use of ordinances as a tool to make laws stretches well beyond the Constitution’s adoption. Indeed, at the time when the provisions incorporating these powers were debated in the Constituent Assembly, B.R. Ambedkar suggested that any concerns over the conferment of ordinance-making powers on the executive were really only a quibble over language. “My own feeling is that a concrete reason for the sentiment of hostility, which has been expressed by my honourable Friend, Mr. [H.V.] Kamath as well as my honourable Friend, Mr. [H.N.] Kunzru, really arises by the unfortunate heading of [the] Chapter ‘Legislative Powers of the President’,” Ambedkar said. “It ought to be ‘Power to legislate when Parliament is not in session’. I think if that sort of innocuous heading was given to the Chapter, much of the resentment to this provision will die down. Yes. The word ‘Ordinance’ is a bad word, but if Mr. Kamath with his fertile imagination can suggest a better word, I will be the first person to accept it. I do not like the word ‘ordinance’, but I cannot find any other to substitute it.”

But had Ambedkar been around to witness the systematic dismantling of the constitutional basis for the ordinance-making power by recent governments at both the Central and State levels, it is likely that he may have renounced his earlier opinion. It’s now apparent that the problem in the use of ordinances arcs far beyond mere semantics. It goes, in fact, as Shubhankar Dam, a professor of law, and an author of a recent book on ordinances, has argued, to the very root of the power’s conferment. This is because, in many ways, the clauses allowing for the power to make ordinances are an outlier in our constitutional structure.

The founders’ aim was always to impose a separation of power between the three recognised wings of government. In this arrangement, the legislature (Parliament at the Centre, and the Assemblies and the Councils in the States) is tasked with the primary job of making laws; the executive’s role is to administer the country by enforcing these laws; and the judiciary interprets the laws, sees if they are being followed, and, where required, reviews them to ensure that they are constitutionally compliant. The executive’s power to issue ordinances, therefore, goes against this general grain of command; for it acts neither as a check nor as a balance on the authority exercised by the other branches of government.

Only an exceptional measure

It’s equally clear even from the bare text of the Constitution that the authority to issue ordinances is to be used only to meet the emergent demands of extraordinary situations. Article 123, which defines the ordinance-making power of the Union executive, states that when both Houses of Parliament are not in session, if the President is satisfied that “circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require”. It further provides that any ordinance shall have the same force and effect as a statute of Parliament, provided it is laid before both Houses. What’s more, the ordinance so made will “cease to operate at the expiration of six weeks from the reassembly of Parliament”, or if Parliament at any time before the conclusion of the period passes resolutions disapproving of the ordinance. In nearly identical terms, Article 213 of the Constitution places on the Governor, acting on the advice of the Council of Ministers of his State, the power to pass ordinances on subjects of State authority.

In practice, however, ordinances have scarcely been used as a purely exceptional measure. Most recently, the Central executive had issued an ordinance in 2014, which it subsequently repromulgated three times without approval, to overturn significant benefits guaranteed by the land acquisition law enacted by Parliament in 2013. Their aim clearly was to bypass the democratic requirements of argument and deliberation, and to overcome numerical shortcomings that they faced in the Rajya Sabha. What the government was doing, therefore, was to use its ordinance-making power as virtually an alternative tool of legislation. It was a similar abuse of power that had been placed before the Supreme Court for its examination in Krishna Kumar Singh .

A clear case of abuse

Here in question were a series of ordinances passed by the government of Bihar through which the State sought to take over some 429 Sanskrit schools, transferring in the process the services of all the teachers and other employees of the schools to the State government. The first ordinance, which was issued in 1989, was followed by a succession of five ordinances, none of which was placed before the State legislature. Ultimately, the government failed to enact a statute confirming the terms of the ordinances, and the last of them was allowed to lapse on April 30, 1992. The employees of the schools, who stood discharged from service, as a result of the termination of the ordinances, took the State government to court.

When the case ultimately reached the seven-judge bench for arguments there were two fundamental questions to be answered: whether the ordinances issued by the Bihar government were constitutionally valid, and whether the petitioners had derived any legal right that survived the termination of the ordinances. On the first, Justice Chandrachud went beyond existing precedent to hold that not only repromulgated ordinances, but even ordinances issued at the first instance, are subject to judicial review. Here, he placed reliance on the celebrated S.R. Bommai case (1994), where a nine-judge bench of the court had ruled that the judiciary could strike down a proclamation of emergency when the power had been exercised by the executive to secure an oblique purpose.

Ordinances subject to scrutiny

Justice Chandrachud ruled that a similar standard of review could be applied to ordinances too; the court, in these cases, he held, will not enquire into the adequacy or sufficiency of the material before the President or the Governor, but it can investigate to see if there has been either a fraud or an abuse of power committed by the executive.

But strong as the court’s finding is on the first question, on the second its verdict is potentially even more far-reaching. Here, the court overruled two of its earlier judgments, and binned what it described as a theory of enduring rights. It ruled that an ordinance is distinct from a temporary legislation, and it therefore doesn’t automatically create rights and liabilities that go beyond its term of operation. “While enacting a law, the legislature is entitled to define the period during which the law is intended to operate,” wrote Justice Chandrachud. “…Hence, it lies perfectly within the realm and competence of the legislature which enacts a temporary law to provide that the rights or the liabilities which are created during the tenure of the law will subsist beyond the expiry of its term.” But an ordinance, unlike a temporary statute, is not a creature of the legislature. Therefore, the court held, these orders have the same force and effect of a legislation only so long as they are operational. In other words, once the conditions imposed by Article 123 or Article 213, as the case may be, are infracted, the question of what effects will survive from the ordinance will have to be independently assessed. In such circumstances, wrote Justice Chandrachud, the court must examine whether the undoing of acts performed under an ordinance would run counter to public interest.

Now, while Justice Chandrachud is certainly correct in ruling that an ordinance would not automatically create enduring effects, a test of public interest could prove somewhat problematic in the future. There may well be cases where an ordinance creates outcomes that are manifestly irreversible, despite public interest demanding its reversing. However, that said, these issues could well be ironed out when subsequent benches are faced with such questions.

In the final analysis, the court’s verdict has to be seen as placing a vital check on what has until now been a power rampantly abused by the executive. Inconvenient as legislative debate and deliberation can be, the legislature constitutes a critical foundation of our democracy. When Parliament reconvenes next week, it must be seen by both the ruling dispensation and the opposition as a forum for debate, for making laws based on critical reasoning. To await the completion of the session, and to create laws then by circumventing this process through ordinance, debases altogether the Constitution and its finest ideals.

Suhrith Parthasarathy is an advocate practising at the Madras High Court.

Capsule current

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The government had constituted a ten Member, High Level Committee under the Chairmanship of Justice B.N.Srikrishna, Retired Judge, Supreme Court of India to review the institutionalization of arbitration mechanism and suggest reforms thereto.

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Justice B N Srikrishna, former judge of the Supreme Court of India will head a Committee of experts which has been formed to deliberate on a data protection framework for the country.

Key facts:

The government led ten-member committee will “identify key data protection issues in India and recommend methods of addressing them.”

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The Comptroller and Auditor General of India has said in an audit report on the Food Corporation of India (FCI) that more than 4.72 lakh tonnes of wheat valued at Rs700.30 crore got damaged in Punjab till March 2016 due to delay in implementation of the private entrepreneur scheme

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What is no detention policy?

The no-detention policy was introduced as a part of the Continuous and Comprehensive Evaluation (CCE) under the Right to Education Act (RTE) in 2010. Under this policy, students up to class 8 are automatically promoted to the next class without being held back even if they do not get a passing grade.

TSR Subramanian committee for formulation of the National Policy on Education has also suggested that ‘no detention’ policy should be discontinued after Class V. It had recommended restoration of detention provision, remedial coaching and two extra chances to each student such to move to a higher class.

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A new Exchange Traded Fund (ETF) by the name BHARAT 22 was recently launched.

bharat 22

What you need to know about BHARAT 22?

Bharat 22 consists of 22 stocks of CPSE’s, PSB’s & strategic holding of SUUTI. Bharat 22 is a well Diversified portfolio with 6 sectors (Basic Materials, Energy, Finance, FMCG, Industrials & Utilities).

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In an attempt to promote innovation and entrepreneurship in agriculture, the government is launching a new AGRI-UDAAN programme that will mentor startups and help them connect with potential investors.

Key facts:

The programme will help convert innovative ideas from India’s rural youth into viable businesses. The idea is to attract the youth from rural India and elsewhere, and train them so they can add value to the farmers’ produce.

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The Nasa-Isro Synthetic Aperture Radar (NISAR) mission is a joint project between NASA and ISRO to co-develop and launch a dual frequency synthetic aperture radar satellite.

The satellite will be the first radar imaging satellite to use dual frequency and it is planned to be used for remote sensing to observe and understand natural processes of the Earth.

It is also designed to observe and take measurements of some of the planet’s most complex processes, including ecosystem disturbances, ice-sheet collapse, and natural hazards such as earthquakes, tsunamis, volcanoes and landslides.

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About NavIC:

NAVIC is an independent regional navigation satellite system designed to provide position information in the Indian region and 1500 km around the Indian mainland. It provides two types of services, namely Standard Positioning Services available to all users and Restricted Services provided to authorised users.

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How proxy voting takes place?

The Union Cabinet’s approval for proxy voting by NRIs carries a caveat: they cannot nominate one proxy for all polls. Overseas electors will have to appoint a nominee afresh for each election — one person can act as proxy for only one overseas voter. The proxy voter should be an ordinary resident of the constituency one is voting in.

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BRICS Agriculture Research Platform (BRICS-ARP).

BRICS-ARP will be the natural global platform for science-led agriculture-based sustainable development for addressing the issues of world hunger, under-nutrition, poverty and inequality, particularly between farmers’ and non-farmers’ income, and enhancing agricultural trade, bio-security and climate resilient agriculture.

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What you need to know about the RAISE Act?

The RAISE Act would scrap the current lottery system to get into the US and instead institute a points-based system for earning a green card. Factors that would be taken into account include English language skills, education, high- paying job offers and age.

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Asia-Africa Growth Corridor (AAGC):

Aiming to strengthen the growth and connectivity between Asia and Africa, India and Japan initiated the Asia-Africa Growth Corridor (AAGC), which primarily focuses on Development Cooperation Projects, Quality Infrastructure and Institutional Connectivity, Enhancing Skills, and People-to-People Partnership.
----Reportedly, China is Africa’s largest economic partner with a trade growth rate of 20% per year since 2002 and AAGC initiative by China’s two Asian rivals is key for the trans-continent relation between the Asian and African countries.

Is AAGC a counter to OBOR?

Unlike OBOR which entails development of a land corridor, AAGC will essentially be a sea corridor linking Africa with India and other countries of South-East Asia and Oceania

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RBI plans to set up public credit registry

RBI has announced the creation of a panel to consider creation of a Public Credit Registry (PCR) operated by the regulator.

What you need to know about the PCR?

The PCR will be an extensive database of credit information for India that is accessible to all stakeholders. The idea is to capture all relevant information in one large database on the borrower and, in particular, the borrower’s entire set of borrowing contracts and outcomes.

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Israel launches first environmental research satellite Venμs

The technological mission of the satellite will test the operation of an innovative electric propulsion system based on the Israeli-designed Hall Effect Thrusters. A Hall-effect thruster (HET) is a relatively low power device used to propel a spacecraft after entering orbit or farther out into space.

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Coconut palm declared State tree of Goa:

The Goa state government has decided to include coconut palm as a tree in the Goa, Daman and Diu Preservation of Trees Act, 1984, to regulate felling of coconut trees under the act. The cabinet has also resolved to declare the coconut tree as the “state tree”.

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The government has launched a portal, e-RaKAM, to provide a platform to sell agricultural produce.

Key facts:

E-RaKAM is a first-of-its-kind initiative that leverages technology to connect farmers of the smallest villages to the biggest markets of the world through internet and e-RaKAM centres.

The portal is a joint initiative by state-run-auctioneer MSTC and Central Warehousing Corporation arm CRWC.

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According to a research report from the University of California, Climate change may have led to over 59,000 farmer suicides over the last 30 years in India.

The study tested the link between climate change, crop yields and suicide by comparing the number of suicides across India between 1967 and 2013 with crop yield and climate data. Data on suicides were collected from the National Crime Records Bureau

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india, China home to 39% of young Internet users: UN report

The ICT Facts and Figures 2017 report released by the International Telecommunication Union (ITU), the United Nations specialised agency for Information and Communication Technologies (ICTs), shows that of the 830 million young people online worldwide, 320 million, or 39%, are in China and India.

ITU is the United Nations specialized agency for information and communication technologies – ICTs.

It allocates global radio spectrum and satellite orbits, develops the technical standards that ensure networks and technologies seamlessly interconnect, and strives to improve access to ICTs to underserved communities worldwide.

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About the Public Financial Management System:

The PFMS, also known as Central Plan Scheme Monitoring System (CPSMS), tracks fund disbursement and ensures that state treasuries are integrated with the Centre to ensure money is send as and when required.

PFMS, administered by the department of expenditure, is an end-to-end solution for processing payments, tracking, monitoring, accounting, reconciliation and reporting. It is a web based application.
The PFMS platform compiles, collates and makes available in real-time, information regarding all government schemes, and, significantly, provides the government real-time information on resource availability and utilisation across schemes.
In addition, the platform will allow government expenditure to adopt a Just-in- Time (JIT) approach, with payments made only when they are needed.

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National Campaign Against Mob Lynching (NCAML)

It has initiated a campaign for a law against mob lynching.
Also known as ‘#Masuka’, short for Manav Suraksha Kanoon (law to protect humans)
A draft of the proposed legislation is currently up on the Internet, awaiting suggestions from the public.

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What is a Parliamentary Budget Office(PBO)?

A PBO is an independent and impartial body linked directly to Parliament
A PBO is comprised of independent and specialised staff, such as Budget analysts, economists, public finance experts
It provides technical and objective analysis of Budgets and public finance to the House and its committees
Its core functions include Budget approval, scrutiny of its implementation
The PBO must be non-partisan, independent and mandated to serve all parliamentarians
Its output, and the methods by which those outputs are prepared must be transparent, accessible and understandable

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