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My Notes 22-January-2018 22-01-2018
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22 January 2018


Disqualification of AAP MLA’s Approved

President of India has accepted election commission recommendation to disqualify 20AAP MLAs holding office of profit (Parliamentary secretaries).

EC argued that Parliamentary secretary assists a minister, and the office usually comes with perks as well as a measure of political influence. AAP states that no remuneration or perks are offered to the parliamentary secretaries. They are only allowed to use Government transport for official uses and office space in their respective ministries.

There is a trend growing to use parliamentary secretary route to cross the mark of size of council of ministers imposed by 91st Amendment act.


Supreme Court Judgements

Supreme Court of India has stated that test to decide whether a post is an office of profit or not is the role of Government appointing and paying a person concerned.

In Maulana Abdul Shakur vs rikhab chand case supreme court has defined the office of profit.

  1. Govt power to appoint a person to an office or to keep him in that office.
  2. Revoke appointment at its discretion
  3. Payment from Government revenues.

In pradyut Bardoloi vs Swapan Roy case , supreme court has outlined following questions

  1. Whether Government makes the appointment?
  2. Whether the Government has the right to remove or dismiss the holder?
  3. Whether the Government pays the remuneration?
  4. What are the functions of the holder, does he perform for the Government? Does Government exercises any control over the performance of those functions?

In Guru Gobind Basu vs sankari prasad Ghosal case Supreme Court held that all these factors need not co exist. The question of appointment is the test and other tests depend on the facts of each case

In Jaya Bachan case said, even If actual payment was not received and if it is receivable it can be considered as an office of profit.

Raman vs PTA Rahman case supreme court stated that only posts that are capable of yielding pecuniary gains, as distinguished form compensatory allowances would be offices of profit.


The great American arms bazaar

USA saw arms sale as a key strategic tool. Commercial interests came next. There are stringent laws like arms export control act to have a legislative oversight on the matter. On the other side, arms industry is responsible for jobs and country’s economy.

so, any arms sale from USA has to go through tough Bureaucratic procedures, legislative oversight and president approvals.

President Trump sees arms as more commercial exports than strategic tools. It can be advantageous to India for the reason that it do not want to be a part of any alliances. Buying arms directly across the table will not create any liabilities on its strategic autonomy.


Capacity building for primary health care

Non availability of Human resources (qualified medical personnel ) is the major problem in service delivery at primary health centre level. Unwillingness of MBBS qualified doctors to serve in the rural areas is the major reason. So, multidimensional mainstreaming of AYUSH doctors through reskilling can be a solution. A bridge course and treatment protocols can be created to mainstream them.


A misleading story of Job creation

In India, GST and demonetisation has led to loss of jobs in informal sector and formalisation of few jobs. so, if we go by EPFO statistics, formalisation of jobs can be wrongly counted as new jobs created. It can lead to wrong inferences and judgements.


Other news

Scientists deeply pained by ministers claim

Scientists expressed their anguish on calling Darwin’s theory as a myth by the HR minister Satya pal Singh.




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