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My Notes 18-January-2018 18-01-2018
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18 January 2018

News

Can govt mandate sharing of bio metric data, asks SC

Right to privacy and Aadhar proceedings

SC of India asked whether state could compel citizens to part with their biometric data?

Is Aadhar reducing individuals/citizens to just numbers?

Can Aadhar be introduced and passed as a money bill? Is speakers prerogative to certify a bill as a Money bill can be questioned under Judicial review?

 

India needs to focus eastward

India has to completely reorient its strategic mindset. Strategic shift is needed from westward to eastward thinking, form land base thinking to ocean centric thinking.

Global power of axis had now shifted from the pacific Atlantic to the Indo pacific.

 

 

 

Editorial

Talking over a law

There should be a frank public conversation on Judiciary - an internal patch up is not enough

Judiciary has an opaque internal structure that was founded on an unquestionable trust on office of CJI along with an instinctive distaste for any interference by parliament or govt in judicial functioning.(Can we vest absolute power in CJI in deciding the roster? Can we trust an individual for maintaining integrity of office?)

There are all pervasive fears of politicisation in Judiciary. It is an outcome of emergency mindset in which executive tried to silence judiciary. It justifies judicial insulation from executive.

Supreme Court is more functioning like a glorified trial court rather than a constitutional court. so,  restructuring is essential. It can be done to ensure institutional coherence in the following manner. Supreme court can be divided in to 3 divisions: Admission, appellate and constitutional. Admission division shall consider all special leave petitions that come to court under Art 136.  Appellate division can consist of 7 benches of 3 judges each. There shall be a permanent constitutional division with 5 senior most judges.

 

No extra year

National unity govt in srilanka appears to be falling apart. Both SLFP and UNP decided to contest elections separately for local govt.

Added to this, president has appealed to supreme court to take clarity on his term inspite of 19th  constitutional amendment reducing it to 5 years. It is an unfortunate trend in Sri Lanak that presidents are using courts and constitutional provisions for political ends.

 

Left Behind

ASER( annual status of education report (rural)- 2017 by Pratham foundation -

It states that Learning outcomes of children in rural areas are very poor. Though enrolments have increased in schools, the quality of education did not. There are also discrete differences across the states. 

The ASER report points to a massive digital divide

So, expanding the scope of right to education to cover vocational education and expanding age limit to 18 years can be more helpful.

 

The price of prescription

Health need to be the primary priority of the govt in dealing with consumption of tobacco in the country. GST rates can be used as an instrument to discourage smoking.

 

Three cheers to civil society

Civil society is a strong companion to democracy and existence of democracy is essential for civil society to survive.  It allows for the citizen to participate in political processes through public debates, campaigns.

So, civil society actions in Gujarat is able to bring in to forefront issues of deprivation, losses in agriculture, unemployment, demolition of public education system and corruption.  It shifted political narrative away from identity politics and replaced with politics of egalitarian democracy and needs of development, well being.

 

 

 

 

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