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Mains q/a 20-04-2018

 

 

 

Q1. SC gives ‘PIL industry’ an earful, says vested interests misusing it. Comment

PIL is a benign tool of Indian Law in the following contexts:

In PIL vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.

Further, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.

However, it has encountered the following incommodities:

The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation. Many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.

The flexibility of procedure that is a character of PIL has given rise to another set of problems. It gives an opportunity to opposite parties to ascertain the precise allegation and respond specific issues.

The credibility of PIL process is now adversely affected by increasing misuse of PIL by people agitating for private grievance in the grab of public interest and seeking publicity rather than public cause.

In a bid to regulate the abuse of PIL, the apex court itself has framed certain guidelines in reference with the governance, management and disposal of PILs. The court must be careful to see that the petitioner who approaches it is acting bonafide and not for personal gain, private profit or political or other oblique considerations. The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to satisfy malicious or personal political intentions. There may be cases where the PIL may affect the right of persons not before the court, and therefore in shaping the relief the court must take into account its impact on those must adopt procedure ensuring sufficient notice to all interests likely to be affected.

Even though it is very much essential to curb the misuse and abuse of PIL, any move by the government to regulate the PIL results in widespread protests from those who are not aware of its abuse and equate any form of regulation with erosion of their fundamental rights. Thus, intervention of the Supreme Court is required.

It is an extraordinary remedy available at a cheaper cost to all citizens of the country, it ought not to be used by all litigants as a substitute for ordinary ones or as a means to file inconsequential complaints.

 

Q2. What is JAL KRANTI ABHIYAN ?

The Ministry of Water Resources, River Development and Ganga Rejuvenation initiated Jal Kranti Abhiyan during 2015-16 for creating awareness on aspects of water security and water conservation. The Abhiyan was inaugurated by Union Minister of Water Resources, River Development and Ganga Rejuvenation in Rajasthan in June 2015. Under Jal Kranti Abhiyan two villages, preferably facing acute water scarcity are being selected as “Jal Grams”. An integrated water security plan, water conservation, water management and allied activities are being planned for these villages by Panchayat level committee to ensure optimum and sustainable utilization of water. Totally 1348 villages have to be identified in 674 districts, out of which 1001 have been selected as Jal Grams in the country. Senior officials from CWC and CGWB who are nodal agencies for implementation have been directed to take up issue with State Governments whenever Jal Gram selection has been slow.

From each Jal Grams, one elected representative of Panchayat and one representative of the water users association are being identified as Jal Mitra/ Neer Nari and training is being imparted to them to create mass awareness about issue pertaining to water as well as providing necessary guidance in tackling water supply related routine issues. A card known as Sujalam Card (with the logo “Water Saved, Water Produced) is being prepared for every Jal gram which would provide the yearly status/information on availability of water for the village from all sources. A committee has been formed at village level and block level for implementation and monitoring of works under Jal gram, Block level, District level and State level committees have also been set up in the states to monitor the progress of Jal Gram.

 

Q3. Critically analyse the proposal of of simultaneous elections of The lok sabha and The State assemblies.

Simultaneous elections to Lok Sabha and state Assemblies can be held in two phases beginning 2019, provided at least two provisions of the Constitution are amended and ratified by majority of the states.

Some provisions of the Representation of the People Act will also have to be amended by a simple majority in Parliament.

According to the working paper, the second phase of simultaneous polls can take place in 2024.

The document states that the leader of the majority party be elected prime minister or the chief minister by the entire House (Lok Sabha or state assembly) to ensure the stability of the government as well as the Lok Sabha or the Assembly.

The document has proposed amending the Constitution (Articles 83 (2) and 172 (1) dealing with tenures of Lok Sabha and state Assemblies) and the Representation of the People Act to extend the terms of state legislative Assemblies to effect the move.

It suggests that in case a government falls mid-term, the term of the new government would be for the remaining period “and not for a fresh five-year term”.

The states which are recommended to be covered under phase I are where assembly polls are due in 2021. These include Andhra Pradesh, Assam, Bihar, Madhya Pradesh and Maharashtra.

States which will come under phase II are Uttar Pradesh, Gujarat, Karnataka, Delhi and Punjab. To hold elections in these states along with Lok Sabha polls, the terms of the Assemblies have to be extended.

Based on a suggestion made by the Election Commission, the working paper also says that a no-confidence motion against the government should be followed by a confidence motion. This would ensure that if the Opposition does not have numbers to form an alternative government, the regime in office cannot be removed.

Chief Election Commissioner Om Prakash Rawat had a word of caution on simultaneous polls when he recently said that the legal framework required for holding of the two elections together would take a “lot of time” to get ready.

“We cannot put the cart before the horse. Logistical issues are subservient to legal framework. Unless legal framework is in place, we don’t have to talk about anything else because legal framework will take a lot of time, making constitutional amendment to (changing) the law, all the process will take time,” he said.

He had said once the legal framework is ready, the EC would deliver. “… EC is a creation of the Constitution. We have to perform willy-nilly, deliver the election, whatever way prescribed in the law,” he had said.

 

Q4.Throw light on the orthodox schools of philosophy of INDIA?

Six Orthodox Schools (Classical Schools) of Indian Philosophy

The 6 classical schools (shatdarshan) are Sankhya, Yoga, Nyaya, Vaisheshik, Purva Mimansa and Uttar Mimansa (Vedanta). Almost all Indian schools of thought accepted the theory of karma and rebirth, and the ideal of moksha is conceived as liberation from the cycle of births and deaths. Moksha/liberation is considered as the highest goal of human struggle.

Sankhya Philosophy

Sankhya is the oldest philosphy. It was put forward by Kapila.

Sankhya philosophy provided the materialistic ontology for Nyaya and Vaisheshik, but there is very little original literature in Sankhya.

It is generally believed that Sankhya Philosophy is dualistic and not monistic because it has two entities, purush (spirit) and prakriti (nature) in it. Samkhya emphasizes the attainment of knowledge of self by means of concentration and meditation.

Sankhya holds that it is the self-knowledge that leads to liberation and not any exterior influence or agent. Samkhya forms the philosophical basis for Yoga. In Samkhya, the necessity of God is not felt for epistemological clarity about the interrelationship between higher Self, individual self, and the universe around us.

Purush vs Prakriti: In the beginning, the philosophy was materialistic as it talked only about Prakrithi, but later the element of purush was also added to it. While Purusha is posited as the only sentient being, ever existent, and immaterial, Prakriti is said to be the material basis of this universe, composed of three basic elements (Gunas) – namely Tamas, Rajas, and Sattva.

Yoga Philosophy

Yoga presents a method of physical and mental discipline.

The Yoga presents a practical path for the realization of the self whereas the Samkhya emphasizes the attainment of knowledge of self by means of concentration and meditation. Releasing Purush from Prakriti by means of physical and mental discipline is the concept of Yoga.

Founder of Yoga is Pathanjai. Yoga does not require belief in God, although such a belief is accepted as help in the initial stage of mental concentration and control of the mind.

Nyaya Philosophy

Nyaya Philosophy states that nothing is acceptable unless it is in accordance with reason and experience (scientific approach). Founder of this philosophy is Gautam and the principles are mentioned in Nyaya Sutras. Nyaya says that the world is real and the philosophy does not follow a monist view.

Nyaya philosophy relies on several pramanas i.e. means of obtaining true knowledge as its epistemology. According to it, the pradhan pramana or principal means of obtaining knowledge is pratyaksha pramana i.e. the knowledge obtained through the 5 senses. There are also other pramanas like anumana (inference, through which we can obtain true knowledge) and shabda pramana (a statement of an expert).

NB: Subsequent philosophers who claimed to be Nyayiks, e.g. Vatsyayan (who wrote Nyaya Bhashya), Udayan (who wrote Kusumanjali) etc. distorted the Nyaya philosophy by introducing theological elements in it. Navya Nyaya scholars like Gangesh resorted to gymnasics in logic.

Vaisheshik Philosophy

The classical Indian philosophy Vaisheshik was the physics of ancient times. It propounded the atomic theory of its founder Kannada. At one time Vaisheshik was regarded as part of the Nyaya philosophy since physics is part of science. But since physics is the most fundamental of all sciences, Vaisheshik was later separated from Nyaya and put forth as a separate philosophy. To make it short, Vaisheshik is a realistic and objective philosophy of the universe.

Purva mimansa (mimansa)

The word Mimamsa means to analyze and understand thoroughly.  Purva Mimamsa examines the teachings of the Veda in the light of karma-kanda rituals, ie karma-mimamsa system is called purva-mimamsa. Purva mimansa (or briefly mimansa) lays emphasis on the performance of the yagya for attaining various spiritual and worldly benefits.  Hence this philosophy relies on the Brahmana (and samhita) part of the Vedas.

Uttara Mimamsa (Vedanda)

Vedanta says that the world is unreal, Maya. Vedanta is monistic, in other words, it says that there is only one reality, Brahman. Vedanta lays emphasis on brahmagyan, hence relies on the Upanishad part of the Vedas. Vedanda has its roots in Sankya Philosophy.

There are three sub-branhces for Vedanda :

Absolute Monism of Shankara

Vishishtha Advaita or qualified monism of Ramanuja

Dvaita of Madhva

PS: A close examination shows that the first 4 classical systems are not entirely based on Vedas. But last two, the Purva Mimansa and the Uttar Mimansa, certainly rely on the Vedas.

 

 

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