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My Notes 16 Nov 2016 16-11-2016
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Please Follow My Notes and My Video 16 November 2016

Editorial

Gathering team trump

After every election, emotion and electoral rhetoric has to be replaced by pragmatic vision and wisdom. Trump victory in USA also fits in to this. A balancing act is necessary between views of liberal America and conservative supporters of president elect Trump.

A leader or a party may appeal to a section of voters or partisan during  elections but once elected he shall represent the entire nation and not just the people who voted him in to power.

Appointment of liberal Priebus as chief of staff and steve Bannon as chief strategist, a balancing act is clearly visible.

 

Back to collegium

Conflict among the institutions on procedures rather than principles is visibly too  shallow in defining the scope of their democratic functioning. Consultation, openness ,Consensual approach and reconciliation between Institutions is vital for institutional reform and progressive thinking.

On going tussle between executive and Judicial over judicial appointments is not in the spirit of sound democratic functioning and constitutional governance.

Among the 77 judges suggested by the collegium to executive, 34 appointments are cleared and 43 are referred back for reconsideration. If collegium reiterates on their appointment centre is bound to appoint them.

 

Searching for an equilibrium

Separation of powers between the organs of the state is the bedrock of our constitutional scheme. Added to this, supremacy of the constitution need to be protected by the process of Judicial review.

In India, Supreme court through its liberal interpretation of constitution enlarged rights of the citizen. Its Judgements in Maneka Gandhi case has stated that art 14,19, 21 stand at the pinnacle of constitutional values and recognised that Human dignity, equality and freedom are conjoined, reciprocal and covalent values. In V. Markendeya(1989) case it  recognised the Directive Principlesof State Policy as “the conscience of theConstitution” which give shape and mean-ing to fundamental rights.

 

Added to this , court Judicial review power is also extended in to questioning the policy actions of the Government. Its judgements have guided institutional functioning. Here, it led to the clash between organs of the Government and limits of Judicial review power came in to focus.

 

  1. Wider Judicial review powers serves rule of law well and advances the cause of Justice.
  2. Judiciary has the primacy in preservation of liberties of citizens.
  3. The decline of Parliament and loss of faith in political class partially led to expansion of Judicial review.
  4. Rule of majority can not be stated as expression of perfect reason.

On the other side,

  1. Judicial activism will further accentuate institutional conflict and it will raise the expectation of people on Judiciary. It makes the work of Judiciary unmanageable.
  2. It will erode the confidence of people on the other organs of Government.
  3. Parliamentary democracy is based on a premise that people exercise their sovereignty through elected representatives and not through appointed Judges. 

Perspective

Crime against women – factors

Coordinates of safety for women is an  interplay  of  affluence  of  a  State,  religion,  demographics including  female/male  ratio,  employment  opportunities  for  women,  their literacy,  rural/urban  population  ratio, quality  of  governance  in  the  State  and media  exposure.

  1. Affluence and wealth of the state - A  1  per  cent  increase  in  State  GDP (per  capita)  is  associated  with  a  0.42 per  cent  reduction  in  the  incidence  of serious  crimes.
  2. Female literacy and labour participation rate – it uraises female bargaining power and exit choices for them.
  3. Sex ratio - A  one per  cent  increase  in  the  sex ratio  lowers  serious  crimes  against women by 8 per  cent.  Indeed,  a  skewed sex ratio more than undermines the affluence  effect.
  4. Alcoholism and substance abuse among men – it raises sexual and psychological assault on women.
  5. Rural/urban population – women in rural areas are more vulnerable for caste, dowry and others forms of violence.
  6. Cultural norms and context – among the religious groups domestic violence is reported to be high among Hindus. Dowry is the major reason.
  7. Exposure to media – it has a crime deterrence effect.
  8. Governance, a key determinant - Nobel  laureate  Amartya  Sen  has  emphasised  that  rape  and  other  serious crimes  against  women  are  closely  intertwined  with  inefficient  policing  and judicial  systems,  and  callousness  of  society.

the  crimes  against women  rose  despite  greater  affluence and  a  slight  increase  in  the  sex  ratio during  2001-15,  the  answer  must  lie  in likely  deterioration  of  governance  and persistence  of  low  sex  ratios  in  certain States. 

 

Assisting the injured – Good Samaritan law

Supreme court guidelines in save life foundation vs union of India case  to protect good samaritans will help the bystanders to avoid legal hassles for saving the accident victims. In India, it is estimated by WHO that by 2020 road accidents will be the major cause of unnatural death. So, medical care in the golden hour after the accident will save millions.

 

News

  1. India,  Israel  to  scale  up counter-terror  cooperation
  2. US could Join china Belt and road initiative. 

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