Ashish Singh is teaching live on Unacademy Plus
The Hindu Daily Editorial DiScussion 12/2/19 By - Ashish Singh
Page 8 Page 9 Everyone is afraid of data .The state of the States .There needs to be robust infrastructure for official.The SDG India Index overlooks the aspect of statistics so that governments do not suppress inconvenient truths inter-dependence of Sustainable Development Goals Time to raise the bar .There is nothing to unfetter The judiciary needs a mechanism to regulate post-.There is no stay today against the government handing over 67.703 acres of land to the Ramjanmabhoomi Nyas Samiti retirement government appointments Welcome shift Getting India's history right .It is time to stop raising generations on a .The transfer of the Muzaffarpur shelter home trial to Delhi is a major step towards justice diet of victimhood A curious bid The Thai general election will determine the military's power in the new set-up
No zero-sum games GS PAPER 2 Structure, organization and functioning of the Judiciary
Justice A.K.Sikri, a well-regarded judge of the Supreme Court of India, found himself in the eye of a storm arising from accepting a post offered by the government, last year, while being a judge of the court. By later turning down the offer after the controversy erupted, he substantially redeemed the judiciary's and his own honour. However, this is an issue that recurs frequently. Even titans in the legal field have had to face stinging rebuke from respected members of the fraternity for similar lapses.
For example, take the case of the late Justice M.C. Chagla. Both he and the former Attorney General of India, M.C. Setalvad, were members of the First Law Commission. Speaking as members of the Law Commission they had categorically denounced the proclivity of judges accepting post-retirement jobs sponsored by governments and called for an end to it. Unfortunately, in his post-retirement assignments, Justice Chagla violated the very same principle he had supported. After retirement, he accepted a government appointment to serve as Indian Ambassador to the U.S. (1958-61) and later as Indian High Commissioner to the U.K (1962- 1963). . Soon after this he was asked to be minister for education in Nehru's cabinet, which he again accepted. He served as Education Minister (1963-66) and then as Minister for External Affairs (1966-67)
All this incensed his good friend M.C. Setalvad no end. In his book, My Life: Law and Other Things, he did not mince words n commenting on this serious lapse. .He observed: "The Law Commission had, after careful consideration, expressed the unanimous view that the practice of a judge looking forward to accepting employment under the government after retirement was undesirable as it could affect the independence of the judiciary... He was so keen to get into politics that soon after the report was signed by him he resigned his office to become India's Ambassador to the United States. His action was characteristic of the self-seeking attitude of many of our leading men."
These harsh words are possibly unfair to a person of the calibre of Chagla In none of the posts he held could he be accused of having acted as a sidekick to the government. On the other hand, by declaring in 1965 that the Aligarh Muslim University could not claim minority status conferred under Article 30(1) of the Constitution, he even earned the collective ire of his cabinet members. However, the shrill denunciations of the Law Commission on judges accepting post-retirement posts and Setalvad's repeated calls to honour the principle merit acceptance even today.
. In a study, the Vidhi Centre for Legal Policy pointed out that as many as 70 out of 100 Supreme Court retired judges have taken up assignments in the National Human Rights Commission of India, National Consumer Disputes Redressal Commission, Armed Forces Tribunal, and the Law Commission of India, etc. . In Roler Mathew v. South Indian Bank Ltd.-which is currently going into bseredce h usdiclary ne enior covand eeg the issue of tribunalisation of the judiciary and its challenges to the independence of the judiciary-senior counsel Arvind P. Datar, amicus, has observed: ."The Tribunals should not be haven for retired persons and appointment process should not result in decisions being influenced if the Government itself is a litigant and appointment authority at the same time."
At the same time, it is also true that the valuable experience and insights that competent and honest judges acquire during their period of service cannot be wasted after retirement. Unlike abroad, a judge of the higher judiciary in India retires at a comparatively young age and is capable of many more years of productive work However, government-sponsored post-retirement appointments will continue to raise a cloud of suspicion over the judgments the best judges delivered while in service. Though cliched, it is true that in law justice must not only be done but also be seen to be done. . Therefore, the viable option is to expeditiously establish, through a properly enacted statute, a commission made up of a majority.
It is true that judges cannot legislate. . However, where a void is found in the legal framework that requires immediate attention, and legislative intervention is not likely to emerge immediately, the Supreme Court is empowered to provide an interim solution till legislation is passed to address the hiatus. .This process the top court has followed, to cite an instance (there are others), in the Vishaka case, where it laid down guidelines to deal with sexual harassment in workplaces till a law was passed by Parliament. It is desirable the Supreme Court invokes that methodology now and puts in place a process to regulate post-retirement appointments for judges. In these times, the attacks on the fabric of independence of the judiciary will not be through engulfing flames but through small corrosive doses Therefore, it is in the judiciary's own interests to resolve this issue as expeditiously as it can.
Everyone is afraid of data GS Paper 2 Government Policies And Interventions For Development In Various Sectors And Issues Arising Out Of Their Design And Implementation. 56D45C3BC34BC B 2 34: 089018F08FO F 89 078 72560 B24B 4 EF675 A A2991290 CDADAB 7E 5C3 34B2 9A29A1 9 078F0 78018907801
Over the past two weeks, headlines have focussed on declining employment between 2011-12 and 2016-17; loss of jobs under the National Democratic Alliance government, particularly post- demonetisation: and the government's refusal to release a report using the Periodic Labour Force Survey (PLFS) documenting this decline, leading to resignations of two members of the National Statistical Commission. Aliance gove arelease a report .In a pre-election, politically charged environment, it makes for eye- catching headlines.
.Similarly, the UNICEF conducted the Rapid Survey on Children (RSOC) 2013-14 on behalf of the Ministry of Women and Child Development but the report was held up by the new government, allegedly due to the fear that it showed Gujarat in poor light. Sometimes these concerns lead to lack of investment in data collection itself, as is the case with the National Sample Survey, or the NSS's Employment-Unemployment surveys (not conducted since 2011-12), forcing public policy to rely on non-comparable statistics from other sources such as the data from the Employees' Provident Fund Organisation (EPFO) These episodes are likely to recur, and hence, we need a more comprehensive strategy for dealing with them
Third, it is impossible to bottle up the genie once data are collected and reports prepared. In a world dominated by WikiLeaks, suppressing reports seem to create an even bigger problem, since it allows individuals with exclusive access to act as the interpreters for others. In the instance of the RSOC mentioned above, suppression of the report, coupled with leaked data encouraged speculation by The Economist (July 2015) that the data were being suppressed because Gujarat must have fared poorly on reducing malnutrition. It stated that Bihar had made much greater progress since the proportion of children who go hungry had been cut from 56% to 37% between 2005-6 and 2012-13, while the decline was much smaller in Gujarat, from 44.6% to 33.5%.
e Fifth, statistics often deal with complicated reality and require thoughtful analysis instead of the bare bones reporting contained in typical government reports. The headline in Business Standard on February 3 based on the leaked PLFS report claims that more than half the population is out of labour force; however, the statistics they present show that the trend is dominated by women and the rural population. If the full report were available, I think it would be rural women who would drive the employment story. This is very much a continuation of the trend between 2004-5 and 2011-12 documented by the NSS, under a different government.
Between 2004-5 and 2011-12, work participation rates for rural women of working ages (25-64) fell from 57% to 43%. However, much of this decline was in women working on family farms and in family businesses, from 42% to 27%; decline in wage work was much smaller, from 24% to 21% 0. If lower engagement of women with family-based activities such as farming, rearing livestock or engaging in petty businesses drives the decline in employment, we may need to look at declining farm sizes and increasing mechanisation as the drivers of this decline. One can blame the government for not creating more salaried jobs for women pushed out of farming and related activities, but it would be hard to blame it for eliminating jobs.
If the full report and unit level data for the PLFS were available, it is possible that we will find a continuation of the trend that started in 2004-5. This is not to say that demonetisation may not have had a negative impact, particularly in urban India, where Business Standard reports that employment fell from 49.3% to 47.6%, but this is a much smaller decline It is also important to note that the NSS and the PLFS requires caution, particularly for unemployment figures. urban comparison between the Whereas the NSS contains independent cross-sectional samples for each sub-round, the PLFS includes a panel component in urban areas
Understaffed and underfunded statistical services cannot possibly have sufficient domain expertise to undertake substantively informed analyses in all the areas for which statistical data are required. . A better way of building a robust data infrastructure may be to ensure that each major data collection activity is augmented by an analytical component led by domain experts, recruited from diverse sources, including academia,
. Looking at Iran today, one can say that the 'growing generational gap between the Islamic state and the Iranian youth, particularly young women, has never been wider. The question to ask would be: if the participants in the Iranian revolution wanted more than anything to be seen and to be heard, why, then, did the revolution degenerate into such violence and tyranny which still plague Iran? Why did people power collapse in on itself, engendering repression, stifling thought and action'? liti