Criminalisation of Politics: An Overview

By CL -

November 14, 2019

“Criminalization of Politics” refers to those acts carried out by persons with Legislative, Judicial or Executive Authority, (as opposed to the belief that it is limited to political authority) which undermine the constitutional fundamentals of India. In India, these fundamentals are governed by the basic spirit of governance, which is Democracy. The modern definition of Criminalization in politics tends to incorporate more than just the criminalization in “Politics” (in the purer sense of the term) and extends the scope of the term to forms of criminalization in Electoral Politics, Policy-making Politics, Judiciary, Executive and even the Administration. This is so because the modern day definition of Politics imbibes in itself the concept of “Governance” which is holistic. Today, Criminalization of Politics seeps through the various strata of Indian governance, right from the lowest-rung Babu charging a petty bribe to get a job done, to the top-rung IAS Officer or MP/MLA indulging in some form of perverted activity undermining the ideal scenario of governance. Below is a break-down of Criminalization and Politics.

1.1 POLITICS

Ideally, one would opt to define “Criminalization” before defining “Politics”, but in the context of this subject-study, it is more important to define “Politics” since the scope of “Politics” plays a crucial role in setting the parameters of “Criminalization”. According to the Merriam-Webster dictionary, “Politics” is defined as “the art or science concerned with guiding or influencing governmental policy”. Hence, it only makes logical sense to broaden the scope of Criminalization of politics to the extent that all the facets of governance can be covered. As an illustration, when a person with a pending criminal charge gets a ticket to contest the elections, it is a form of Criminalization of Politics. When the Telecom Minister misappropriates a certain amount of money (however significant) to his benefit, or in amore legally specific context, Article 102 (1) (A) of the Indian Constitution bars an MP or an MLA from holding any office of profit under the Government of India or in any state other than an office declared by the Parliament by law as not disqualifying its holder, and when this is negated, it can be called Criminalization Of Politics.

1.2. CRIMINALIZATION

While exploring the subject of “Criminalization in Politics”, be it with regard to any country, what must be kept in mind is that in quintessence, the term “criminalization” is that it is a perverted form of a process and encompasses but is not limited to the term “crime”. The conventional definition of the term includes the persons involved are the high-ranking government officials.

KINDS OF “CRIMINALIZATION IN POLITICS”

This section is an attempt at bringing forth the existing facets and forms in which the criminalization of politics exists in the Indian Governance. This will be substantiated with examples and illustrations. However, these forms are not exhaustive since an exhaustive approach cannot be adopted for the findings of such a broad phenomenon.

2.1 ELECTORAL FRAUD

Electoral Fraud refers to such acts which disrupt a process of fair elections illegally. However, acts which disrupt fair elections but are not illegal, may also be referred to as electoral fraud, on moral grounds.

2.1.1 POLITICAL CANDIDATES WITH CRIMINAL RECORDS/PENDING

The criminalization of our political system has been observed almost unanimously by all recent committees on politics and electoral reform. Criminalization of politics has many forms, but perhaps the most alarming among them is the significant number of elected representatives with criminal charges pending against them. Approximately 38% of the persons contesting electoral polls have a criminal record. Mr. S.Y Qureshi, the Election Commissioner of India, said back in 2011 that persons with a criminal record do not deserve to sit for polls. “ The draft bill on electoral reforms will resolve this problem when it comes into force, as it bars candidates with criminal backgrounds from contesting an election” he said. The problem with such persons sitting for polls is that not only do they have no credibility; they also disrupt the process of free and fair elections by using unfair means and methods.

2.1.2. MUSCLE POWER USED TO GATHER VOTES

A common happening in the electoral politics of today, is musclemen using the fear psychosis to gather votes. They fear the weak and poor to vote for a specific candidate or manipulate the vote-banks. At various instances, musclemen have been used to scare away competing candidates (and their means may extend to inflicting damage and even causing death at times). Strict measures were enforced, bringing in 639 companies of paramilitary forces to prevent muscle power effects. The effect, it seems, is telling on musclemen4. It is widely believed that the cost of fighting elections has climbed far above the legal spending limits. This has resulted in lack of transparency, widespread corruption, and the pervasiveness of so-called ‘black money’.

2.2. POLITICAL SCAMS

Scams in the (purely) political arena have skyrocketed in the past 5 years. From upscale scams such as the 2G scam (responsible: A.Raja) or the Commonwealth Scam (responsible: S.Kalmadi) to financial irregularities by municipal corporations which are alleged to have taken place in projects such as slum rehabilitation, marking of floodlines, granting of transferrable development rights, city center project, change in land reservations, housing schemes, massive cost escalation in major projects and change in rules for bus rapid transit system, Political scams have increased by leaps and bounds, thus contributing further to the Criminalization of Politics in India. This issue will be dealt with, in greater depth, subsequently in this project.

2.3. BUREAUCRATIC SCAMS

The nexus between bureaucracy and politics has been explained in the preceding portion of this part. Many times, large-scale scams (for eg: 2G, CWG, etc.) have bureaucratic officials involved in them. At other times, the governments try to shield bureaucratic officials (Eg: Chhatisgargh government trying to shield Babulal Aggarwal, the richest IAS officer of India at that point of time Or it so happens that bureaucratic officials and their actions end up affecting the political scenario of a country, and when such actions are corrupt, it leads to criminalization of politics.

2.4. CRIMINAL GANGS ENJOYING PATRONAGE OF POLITICIANS

In Chapter 4 of the report of the National Commission to Review the Working of the Constitution, cites the Vohra report as follows: “The nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country” and that “some political leaders become the leaders of these gangs/armed senas and over the years get themselves elected to local bodies, State assemblies, and national parliament.”

CAUSES OF CRIMINALIZATION IN POLITICS

One can attribute the causes of Criminalization in Politics to the fact that India is still a country where the mechanisms which are quintessential to running the various administrative systems are not free of loopholes which feed to the need of men wanting to derive the “extra edge”, or, to overcome the weaknesses which have been attributed to them by the system itself.

ELECTORAL REFORMS

While solutions to reduction of Criminalization in Politics have been provided in detail in the subsequent part, it is important to introduce the concept of Electoral Reforms and how they can benefit the dire situation of Indian Politics. Electoral reforms such as a fixed amount of finances and greater financial transparency by the Electoral candidates which have been implemented to an extent (but are still ridden with loopholes), reduction of Poll Booth Manipulation, etc. instead of getting various committees to sit on issues for ages, is what is required in the crux of the matter.

Climate Justice

By CL -

November 1, 2019

UNEP in a study pointed MEA regime is suffering from “treaty congestion”. Global leaders are signatories to a whopping 500 internationally recognized agreements. Following Ecological segments in the past 50 years covered are:

61 atmosphere-related
155 biodiversity-related
179 related to chemicals, hazardous substances and waste
46 land conventions
196 conventions that are broadly related to issues dealing with water. After trade, environment is now the most common area of global rule-making.

Climate Change: Are we on the Right Path?

The climate change is on our head and descending very fast and we have seen the kind of disaster that around the world in terms of the droughts, surges, forest fire so by every day the problem is becoming more acute and complex impacting every thread in every aspect and facet of the human society.
Climate change is moving very fast and creating serious problems to those who are not responsible for it and in fact, the people who are poor and living on marginal lands are going to suffer very seriously. Sea-level rise and ingress is leading to loss in terms of actual land area and the ingress of the saline water adversely affecting the coastal and drinking water turned saline.
The point is that after Paris agreement we find that the climate change issue is not receiving the kind of push that it requires. We are witnessing the problem is becoming far greater i.e. from 2015 we find that there was a little bit in the global carbon emission and now we find that from 2017 it has increased by two percent so the question is that how serious are we when commitment different countries have made. agreed at that time that we are going to make these agreements or these commitments more aggressive but I don’t think that any government has come out with more aggressive commitment as yet this is a process and it’s a rather a slow process to really finalize the rules but then so many countries are there so it is a time taking and actually is getting affected in a very serious way and now the October report which says that what we thought is right and perhaps a reasonable that holding the temperature to degree will be reasonably good but now we find that perhaps that is not the case so I think the revised calculation shows that it has to be 1.5 and even then it is not completely safe.

Issues Plaguing the Effectiveness of Environmental Governance

First, the legislation governing the environment is sector-based and highly fragmented. It is fragmented horizontally between sectors as well as vertically between levels of government, and without the necessary mechanisms for coordination. It results in inefficiency, inconsistency, lack of precedent and inability to enforce commitments as the global administration and bureaucracy weigh verdicts with huge paperwork, files, procedures leading to red tape and petty politics.
Second, the legislation is marked by broadly formulated rules. They provide the responsible sector authorities with wide discretion in balancing environmental concerns against sector objectives when laying down regulations and deciding individual cases. This is particularly important because the sector authorities are those primarily responsible for controlling the environmental effects of their activities, according to the principle of integration.
Third, the principles of environmental law laid down in important public documents on environmental policy are interpreted and applied most inconsistently, or not at all.

Way Forward

Agreement that these commitments be made more aggressive.
Abandoning leisurely attitude
Stringent norms that the government be made accountable.
Speeding up the slow process to really finalize the rules.
Group of warring camps be converted into coordinated action taking entities.
Barrier-free flow of the new technology
Scientific apprehensions must be accounted for in drafting MEAs.
Time has come for the non-governmental actors to step in a big way with the pro-active role
Fostering environmental ethic within state officialdoms, these organizations can inspire assent to and implementation of MEAs
Creation of “green troops” modeled on the peace-troopers of the United Nations. The staff would consist of emergency environmental “troops” which can be deployed to environmental disaster scenes, conduct green investigations, substantiate treaty compliance through on-site inspections, and assess the damage.

Conclusion

It is time that we should augment our input into the research effect and create situations which are really having to save ourselves from the impending climate change you see our country has different climate as well as different soils and different landforms and therefore any single solution is not going to help this country what is required is that regionally we have to step up and now we know that every state has a climate cell and these cells have to be activated so that they start doing some work in order to really see the local problems and to decide that what kind of adaptation has to be developed for different for agriculture for coastal agriculture for coastal fisheries and so on and so forth the Smart City concept that we are having has to really look relook about the question of making it climate safe and how we can do it and I do not see yet there the climate and the importance of the climate and the adaptation that is required to really face the climate change has not been mainstreamed into our planning and thinking and action and this is what is needed that at present whatever we do we have to really work out a plan where the climate considerations and the likely impact and the way that we are going to face them becomes a central right issue. The impact for India and really what’s at stake as far as India is concerned starting with first off do they say at stake the least start on the adaptation side on getting people to adapt to the changes which are going to take place in terms of coastal zone development in terms of the way manage water resources in terms of way you design your cities etcetera so let’s at least start doing something and yes keep up the pressure because these guys in the West are absolutely lacking in any sort of responsibility because they’re not going to feel the impact on the scale that we are going to be feeling but we have to keep it up alright.

Supreme Court Recalls Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 Dilution Verdict

By CL -

October 30, 2019

Last year Apex Court delivered the verdict of Dr. Subhash Kashinath Mahajan vs The State of Maharashtra virtually diluting the provisions of the Atrocities Act. The decision was decried by Dalit groups calling for a Bharat Bandh. Acting swiftly an Amendment Bill was passed by the Parliament restoring the bar against anticipatory bail and nullifying the apex court verdict.

In this Article we will understand the case of Union of India v State of Maharashtra popularly called as SC/ST Recall Verdict. It is a review petition preferred by the Union against the decision of Dr. Subhash Kashinath Mahajan vs The State of Maharashtra which read limitations into the Act not expressly provided. Review petition also heard the challenge against the Amendment Act.

Object and Reason of the Act

Statute provides legislative intendment in its object and reason. It states “of late, there has been an increase in the disturbing trend of the commission of certain atrocities like making the Scheduled Caste persons ear inedible substances, like human excreta and attacks on and mass killings of helpless Scheduled Castes and the Scheduled Tribes and rape of women belonging to the Scheduled Castes and the Scheduled Tribes. Under the circumstances, the existing laws like the Protection of Civil Rights Act, 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check these crimes” It adds following reasons:-

Despite various measures to improve the socioeconomic conditions of the Scheduled Castes and the Scheduled Tribes, they remain vulnerable. They are denied number of civil rights. They are subjected to various offences, indignities, humiliations, and harassment, been deprived of their life and property. Serious crimes are committed against them for various historical, social, and economic reasons.
When they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them.
When the Scheduled Castes and the Scheduled Tribes try to preserve their selfrespect or honour of their women, they become irritants for the dominant and the mighty.
Occupation and cultivation of even the Government allotted land by the Scheduled Castes and Scheduled Tribes is resented and more often these people become victims of attacks by the vested interests

To address above inequities, Act was formulated providing Protective Discrimination under the cover of Article 15(4).

Limitations Inserted

In Dr. Subhash Kashinath Mahajan vs The State of Maharashtra Supreme Court while noting the “clear abuse of process of court” passed following guidelines limiting the purport and intent of the Act:-

There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.
Arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the Magistrate for permitting further detention.

To avoid false implication of an innocent, a preliminary enquiry may be conducted by the DSP concerned to find out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous or motivated.

Any violation of directions will be actionable by way of disciplinary action as well as contempt.

Review Judgment

The Court primarily provided three reasons for its recall:

The directions were issued under Court’s extraordinary powers under Article 142, which is to be exercised only when there is a legislative vacuum or lack of clarity in the existing provisions of legislation. The Court in Subhash Kashinath Mahajan was not confronted with either of these scenarios

“We do not doubt that directions encroach upon the field reserved for the legislature and against the concept of protective discrimination in favour of downtrodden classes under Article 15(4) of the Constitution and also impermissible within the parameters laid down by this Court for exercise of powers under Article 142 of Constitution of India”

Directions introduced new fetters on registration of FIRs and making arrests under the Act. Such fetters were even more onerous than those found under the general law – Code of Criminal Procedure, 1973. This amounted to the unequal treatment of the members of the Scheduled Caste and Scheduled Tribe communities
Most of the directions were impractical

The Court also pointed to the impracticality of the directions. For instance, if a public servant has to be arrested, the approval of the appointing authority has to be obtained first. This will unduly delay the arrest. Moreover, the approving authority would not in most cases be fully informed of the facts of the case to provide a reasoned opinion on whether or not the arrest has to be made

Conclusion

The Legislature intended to bring in certain remedial measures to safeguard the victims, who suffered due to the backwardness and due to the fact that they belong to the Scheduled Caste and Scheduled Tribe Community. A beneficial piece of legislation must be interpreted in a purposive manner which would effectuate the object of the welfare legislation and the Court must always lean in favour of applying the beneficial measures that have been given to victims.

Right to Internet: Kerala High Court’s Techno-Legal Innovation

By CL -

October 15, 2019

On 19 September, 2019 the case of Faheema Shirin. R.K vs. State Of Kerala added another pearl to the rich jurisprudence of Article 21. Since the pronouncement of Maneka Gandhi v Union of India in 1978, Article 21 has seen a fundamental shift. It has become a charter of unremunerated rights which greatly transformed the constitutional governance of our nation. Recognition of Right to access Internet by Kerala High Court empowers citizens of their digital rights. Judgment has provided technological trappings to Article 21. In order to understand the implications of the judgment facts of the case need to be discussed in brief.

FACTUAL MATRIX

A student in a Kozhikode college had challenged restrictions on mobiles in hostel. She averred that the inmates of the hostel were not allowed to use their mobile phone from 10 p.m. to 6 a.m. within the hostel and that undergraduate students were not allowed to use laptop also in the hostel.

ARGUMENTS ADVANCED BY PETITIONER GIRL

Petitioner attacked expulsion order on multiple grounds. She cited Articles 14, 19, 21, International Treaties, Conventions, Resolutions, and Commitments etc. The learned Counsel for the petitioner argued that the restrictions imposed as well as her expulsion consequent to it are illegal as it infringed her fundamental right to freedom and expression, right to privacy, right to education, etc In substance according to her the order is logically and legally untenable. Following is the summary of grounds raised:-

Citizens have the right to
- Access the Internet to gain information, wisdom and knowledge
- Right cannot be curtailed unless it encroaches into the boundary of illegality.

The restrictions amount to violation of the principles embodied in the Conventions on Elimination of All Forms of Discrimination against Women, 1979 (“CEDAW”) and the Beijing Declaration along with Universal Declaration of Human Rights.
It is claimed that the right to access internet forms a part of freedom of speech and expression guaranteed under Article 19(1)(a) and the restrictions imposed do not come within reasonable restrictions covered by Article 19(2) of the Constitution of India
Being an adult she claims that nobody has any authority to interfere with her freedom to use the mobile phones. It is argued that the forceful seizure of mobile devices have invaded the right of privacy of the hostel inmates
Modification of rules on the basis of parental concern is also an infringement on her personal autonomy as well as that of other inmates of the hostel.
It is stated that as per the study and survey conducted by UNESCO, women are at a disadvantaged position in terms of internet access and 70% of the users are men. Referring to the Information Technology Policy, 2017 it is stated that institution of learning are fundamental in developing scientific temper and facilitating IT access.
It is also stated that the confiscation of mobile phones is in violation of their right to privacy as well as their right to property under Art.300A
The hostel contended that the restriction was in the interests of students’ discipline to ensure that they study without distractions

ISSUE UNDER CONSIDERATION

Whether the restrictions imposed by the hostel authorities enforcing discipline has infringed the fundamental rights of the petitioner, even assuming that such modification was brought about at the request from the parents?

VERDICT

Court in 29 pages judgment gave detailed reasoning demonstrating why the restrictions imposed is illegal in the prevailing Digital Era. Judgment added “If a restriction is unreasonable and arbitrary and infringes the fundamental right of an inmate, it cannot be said that the student has to abide by such restriction, especially when the inmate is an adult.” Court in effect opined non-recognition of such right will hinder the education advancement of nation. Important remarks are mentioned hereunder:-

Student Rights

The fact that parents have consented to the restrictions will not make them valid, as students who have attained majority have decisional autonomy.
The mobile phones which were unheard of once and later a luxury has now become part and parcel of the day to day life and even to a stage that it is unavoidable to survive with dignity and freedom.
A student above the age of 18 years shall be given the freedom to choose the mode for her studies provided it does not cause any disturbance to others.
College authorities as well as the parents cannot be permitted to shut their eyes on the innumerable advantages out of internet on various aspects of learning with worldwide connectivity, on its proper usage.

UNGA Resolution 26/13

Court’s attention was invited to the fact that the United Nation’s General Assembly had declared right to internet to be a human right in 2014. United Nations General assembly held on 14 July, 2014 the following resolution was adopted:

Emphasizing that access to information on the Internet facilitates vast opportunities for affordable and inclusive education globally, thereby being an important tool to facilitate the promotion of the right to education, while underlining the need to address digital literacy and the digital divide, as it affects the enjoyment of the right to education.
Calls upon all States to promote and facilitate access to the Internet and international cooperation in the development of media and information and communication facilities and technologies in all countries;
Affirms that quality education plays a decisive role in the world and therefore calls upon all States to promote digital literacy and to facilitate access to information on the Internet, which can be an important role in facilitating the promotion of the right to education.

On Internet

Taking the assistance of Vishakha v. State of Rajasthan precedent, HC observed the right to have access to Internet becomes the part of right to education as well as right to privacy under Article 21 of the Constitution of India.
The Apex Court made it clear that the freedom of expression included the right to be informed and right to know and feeling of protection of expansive connectivity.
Supreme Court observed that the fundamental right of expression includes “the right to be informed and the right to know and the feeling of protection of expansive connectivity” the Internet offers on the click of a button.
The total restriction on its use and the direction to surrender it during the study hours is absolutely unwarranted. When the Human Rights Council of the United Nations have found that right to access to Internet is a fundamental freedom and a tool to ensure right to education, a rule or instruction which impairs the said right of the students cannot be permitted to stand in the eye of law.
No student shall be compelled either to use mobile phone or not to use mobile phone. It is for each of the students to decide with self-confidence and self-determination that she would not misuse it and that she would use it only for improving her quality of education.

Moral Exhortations

Court also gave suggestion what needs to be done to discipline a student without necessitating expulsion. It runs as follow:-

“I am of the view that what is required is a counselling for the students, as well as parents in the colleges. The students in the hostels should be given counselling in order to inculcate in them self restraint in the usage of mobile phones, to make them capable of choosing the right path, to make them aware of the consequence of misuse as well as advantage of its proper use. It should be left to the students to choose the time for using mobile phone. The only restriction that can be imposed is that they should not cause any disturbance to other students. While acting in exercise of right to privacy, persons like the petitioner shall also see that such exercise does not invade the right to privacy of another student residing in the hostel especially in her room.”

CONCLUSION

It is said a good start is half done. However, when it comes to law such maxim do not hold good. Law is concerned with starting, middle and end. Procedures devised in law must be above board. Though Kerala HC recognition of digital right is a good start but it will always exist in fluid state unless legal framework is devised around the same. IT Act to this effect can be suitably amended. Recently, Sudan Interim constitution under Article 56 recognized the Access to Internet Right. It can act as a good inspiration for an advanced country like India in relation to Sudan, which was war-torned for years.

UAPA Amendment: An Effective Anti-Terror Legislation or A Destroyer of Civic Rights

By CL -

October 7, 2019

UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)

This law seeks effective prevention of unlawful activities associations in India.
Making powers available for dealing with activities subversive to the integrity and sovereignty of India.
UAPA makes it a crime to support any secessionist movement or to support claims by a foreign power to what India claims as its territory.
The UAPA, framed in 1967, has been already amended twice since: first in 2008 and then in 2012 and now again.

KEY FEATURES OF THE BILL

The Bill amends the Unlawful Activities (Prevention) Act, 1967

Who may commit terrorism: Under the Act, the central government may designate an organisation as a terrorist organisation if it:

commits or participates in acts of terrorism,
prepares for terrorism,
promotes terrorism, or
otherwise involved in terrorism.
The Bill additionally empowers the government to designate individuals as terrorists on the same grounds.
1. Approval for seizure of property by NIA
2. Investigation by NIA: The Bill empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases. The name of such a person will be included in the ‘Fourth Schedule’ proposed to be added in the parent Act.
3. Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

GROUNDS FOR OPPOSITION

The Act introduces a vague definition of terrorism to encompass a wide range of non-violent political activity, including political protest.
It empowers the government to declare an organisation as ‘terrorist’ and ban it. Mere membership of such a proscribed organisation itself becomes a criminal offence.
It allows detention without a chargesheet for up to 180 days and police custody can be up to 30 days.
A strong presumption is created against bail and anticipatory bail is out of the question.
Presumption of guilt for terrorism offences merely based on the evidence allegedly seized.
It authorises the creation of special courts, with wide discretion to hold in-camera proceedings (closed-door hearings) and use secret witnesses but contains no sunset clause and provisions for mandatory periodic review.
The only statutory remedy available to such a person is to make an application before the Central Government for de-notification, which will be considered by a Review Committee constituted by the Government itself.
Designation of a terrorist is equivalent to ‘civil death’ for a person, with social abhorrence and isolation, expulsion from job, media hounding, and attack from self- vigilante groups.
The law could target minorities or a section of people thereby affecting their cultural rights.

GROUNDS FOR SUPPORT

Terrorist acts are committed not by organizations but by individuals.
India faces one of the highest threats of terrorism in the world and therefore its counter-terrorism mechanism must be stringent.
Non-designation of individuals as terrorists provides them an opportunity to circumvent the law, resurge with a different name and continue their terror activities.
Investigation by inspector rank officer would help solve the human resource crunch in the NIA.
This move would quicken the delivery of justice in UAPA related cases, which are reviewed by senior officers at various levels.

CONCLUSION

Terrorism is a global problem and the UN along with several other countries, have provisions in their laws to designate individuals as terrorists. An individual’s psychology is the birth place of Terrorism, rather than an institution. If, in the first place, an individual is stopped from attracting other individuals into terrorism by providing ideological and financial support, this menace can be finished. Hence, designating an individual as terrorist, after following the due process of law, is of prime importance to nip terrorism in the bud.

Union Minister for Home Affairs replying to the debate on the Bill, appealed to the House to pass the bill unanimously to send a strong message to the world that terrorists are the enemies of humanity and India is committed to finish terror from its soil.

Government should maintain balance between fundamental rights and national security. Hence it should finish cases as soon as possible along with guidelines to be followed and not as a tool to stop voice against it

Continue

National Medical Commission Act

By CL -

October 3, 2019

WHY NMC?

Expert group headed by Professor Ranjit Roy Choudhury studied the problems of the medical education sector.
Expert group found that the Medical Council of India (MCI) had

Failed in almost all spheres and
Became a highly corrupt and ineffective body.

Expert group recommended that independent regulators selected through a transparent process should replace the elected regulators.
The National Medical Commission (NMC) seeks to achieve this, by having eminent medical personalities who will be appointed for only one term of four years without any further extension.
To ensure probity and integrity of the highest order Appointed Persons will have to

Declare their assets at the time of being appointed and again while demitting office
Professional and commercial engagement or involvement which will be published on the website of the Commission.

It has been further provided that Chairperson / member on ceasing to hold office will not accept for a period of two years any employment in any capacity in a private medical institution whose matter has been dealt with them either directly or indirectly.

STATEMENT OF OBJECT AND REASON

Provision for a medical education system that improves access to quality and affordable medical education
Ensure availability of adequate and high quality medical professionals
Promote equitable and universal healthcare that encourages community health perspective
Making services of medical professionals accessible to all the citizens
Promote national health goals
Encourage medical professionals to adopt latest medical research in their work and to contribute to research;
Objective, periodic and transparent assessment of medical institutions
Facilitates maintenance of a medical register for India and enforces high ethical standards in all aspects of medical services that is flexible to adapt to changing needs and
Effective grievance redressal mechanism

SALIENT FEATURES OF THE ACT

The bill provides for the constitution of four autonomous boards. These boards are:

The Under-Graduate Medical Education Board (UGMEB)
the Post-Graduate Medical Education Board (PGMEB
The Medical Assessment and Rating Board (MARB)
The Ethics and Medical Registration Board

Composition of National Medical Commission: The NMC will consist of 25 members which include five elected doctors from State Medical Councils and six representatives of State Health Universities. A committee chaired by the Cabinet Secretary, and consisting of four nominated experts, one elected doctor, and Secretary (Health) would select the chairperson of NMC and other members in a transparent manner. A Search Committee will recommend names for the post of Chairperson, and part-time members. The term of the members of the NMC will be a maximum of four years, with no reappointment.
National Medical Commission (NMC), can dictate guidelines for fees up to 50% of seats in private medical colleges.
Common entrance exam and Licentiate (exit) exam that medical graduates have to pass before practicing or pursuing PG courses. For MBBS, students have to clear NEET, and before they step into practice, they must pass the exit exam.
Recognized medical institutions don’t need the regulator’s permission to add more seats or start PG course. This mechanism is to reduce the discretionary powers of the regulator.
Earlier, medical colleges required the MCI’s approval for establishment, recognition, renewal of the yearly permission or recognition of degrees, and even increase the number of students they admitted. Under the new bill, the powers of the regulator are reduced to establishment and recognition. This means less red tape, but also less scrutiny of medical colleges.

CONCERNS RAISED

A bridge course allows alternative-medicine by practitioners of medicines which may lead to unscientific mixing of systems and empowering of other practitioners through bridge courses.
Indian Medical Association (IMA) opposed the bill that it will cripple the functioning of medical professionals by making them completely answerable to the bureaucracy and non-medical administrators.
NMC will become subservient to the health ministry, given that the representation of the medical profession in the new regulatory framework is minimal.
The bill takes away the voting right of every doctor in India to elect their medical council.
The bill allows private medical colleges to charge at will, nullifying whatever solace the NEET brought.

GOVERNMENT’S RESPONSE

Separation of functions by creating four boards would lead to more focussed attention to curriculum reforms, increase in number of PG seats, and assessment and rating of colleges.
Creation of a separate board for ethics which will have one member with a background of quality assurance, public health, law or patient advocacy will lead to a greater attention to the enforcement of medical ethics which has been a somewhat neglected area so far.
For a long time it has been felt that allied health professional from modern medicine can be utilised to provide preventive and primary healthcare and, thus, to reduce the workload on doctors.
The NMC Bill has a provision for creating a separate National Register for adequately qualified allopathic allied health workers to address this need. This measure is expected to make available a large number of community health providers from modern medicine for implementing National Disease Control Programmes.
MCI Act had no provision for prescribing the fee to be charged by private medical colleges. The NMC Bill has a provision of laying guidelines for fee fixation of 50 per cent seats in all private and deemed-to-be universities. Moreover, this provision is not confined to fees alone and covers all charges of any kind that can be levied by such colleges.
The system of penalties on medical colleges has been converted to a graded one.
The penalty for quacks has been enhanced. Increase of UP/PG seats will now require MARB approval.
There is no separate licenciate examination. And NEXT will serve as entrance examination for PG courses also.

In conclusion, the NMC Bill is a progressive legislation that will help address the challenges in the medical education sector, major reform for the medical education of the country and for the future of healthcare in this country, for the future of the medical community, for the future of medical students.

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B-School	FT Masters in Management Ranking 2019
IIM Calcutta	17th
IIM Ahmedabad	21st
IIM Bangalore	44th
IIM Udaipur	76th
IIM Indore	81st

ACTIVITY	DATES
Start date for online registration	22 October 2019
Last date for online registration	25 November 2019 (17:00)
Last date for making online fee payment	27 November 2019 (17:00)
Last date for generation of offline Challan	27 November 2019 (17:00)
Last date for payment through Challan (during working hours of Bank)	29 November 2019 (17:00)
Dates of Tier-I Examination (CBE)	02 March 2020 to 11 March 2020
Dates of Tier-II (CBE) and Tier-III (Des.) Examinations	22 June 2020 to 25 June 2020

Post	Essential Qualification	Desired Qualification
Assistant Audit Officer/ Assistant Accounts Officer	Bachelor‟s Degree from a recognized University or Institute.	Chartered Accountant or Cost & Management Accountant or Company Secretary or Masters in Commerce or Masters in Business Studies or Masters in Business Administration (Finance) or Masters in Business Economics.
Junior Statistical Officer	Bachelor‟s Degree in any subject from a recognized University or Institute with at least 60% Marks in Mathematics at 12th standard level; or Bachelor’s Degree in any subject with Statistics as one of the subjects at degree level.	–
Statistical Investigator Grade-II	Bachelor’s Degree in any subject with Statistics as one of the subjects from a recognized University or Institute. The candidates must have studied Statistics as a subject in all the three years of the graduation course.	–
All other Posts	Bachelor’s Degree from a recognized University or equivalent.	–

S.No.	Name of Post	Ministry/Department/Office/Cadre	Classification of Posts	Age Limit
1.	Assistant Audit Officer	Indian Audit & Accounts Department under C&AG	Group “B” Gazetted (Non Ministerial)	Not exceeding 30 years
2.	Assistant Accounts Officer	Indian Audit and Accounts Department under C&AG	Group “B” Gazetted (Non Ministerial)	Not exceeding 30 years

S.No.	Name of Post	Ministry/Department/Office/Cadre	Classification of Posts	Age Limit
3.	Assistant Section Officer	Central Secretariat Service	Group “B”	20-30
4.	Assistant Section Officer	Intelligence Bureau	Group “B”	Not exceeding 30 years
5.	Assistant Section Officer	Minister of Railway	Group “B”	20-30
6.	Assistant Section Officer	Ministry of External Affairs	Group “B”	20-30
7.	Assistant Section Officer	AFHQ	Group “B”	20-30
8.	Assistant	Other Ministries/Departments/Organizations	Group “B”	18-30
9.	Assistant	Other Ministries/Departments/Organizations	Group “B”	20-30
10.	Assistant Section Officer	Other Ministries/Departments/Organizations	Group “B”	Not exceeding 30 years
11.	Inspector of Income Tax	CBDT	Group “C”	Not exceeding 30 years
12.	Inspector, (Central Excise)	CBIC	Group “B”	Not exceeding 30 years
13.	Inspector (Preventive Officer)
14.	Inspector (Examiner)
15.	Assistant Enforcement Officer	Directorate of Enforcement, Department of Revenue	Group “B”	Upto 30 years
16.	Sub-Inspector	Central Bureau of Investigation	Group “B”	20-30
17.	Inspector Posts	Department of Post	Group “B”	18-30
18.	Inspector	Central Bureau of Narcotics	Group “B”	Not exceeding 30 years

Tier	Subject	Number of Questions	Maximum Marks	Time Allowed
I.	A. General intelligence and Reasoning	25	50	60 Minutes (1 hour and 20 minutes for the candidates who are allowed use of scribe)
	B. General Awareness	25	50
	C. Quantitative Aptitude	25	50
	D. English Comprehension	25	50
II.	Paper-I: Quantitative Abilities	100	200	120 Minutes (for each Paper) (2 hours and 40 minutes for the candidates who are allowed use of scribe)
	Paper-II: English Language and Comprehension	200	200
	Paper-III: Statistics	100	200
	Paper-IV: General Studies (Finance and Economics)	100	200

Category	CAT Score Percentile	Sectional Percentile	SSC/X Class Percentage*	HSC/XII Class Percentage*
GEN	85	75	60	60
NC-OBC/EWS	75	65	60	60
SC	65	55	55	55
ST/PwD	55	45	55	55

Component	Weight (%)
CAT 2019 Index Score	45
Class X Percentage Score	30
Class XII Percentage Score	15
Gender/Academic Diversity Score	10

Component	Weight (%)
CAT 2019 Index Score	35
PI Score	35
Essay Score	20
Resume Score	10

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