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EDITORIAL ANALYSIS OF NEWSPAPERS IN LESSTHAN 10 MINUTES Presented By 27th January,2017 chrome
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EDITORALS COVERED IN TODAY'S LESSON The Hindu o ROLLING BACK ORDINANCE RAJ o PEACE IS A PROCESS Indian Express o AFTER THE QUAKE Livemint o CAN NEW INSOLVENCY CODE OVERCOME HUGE BACKLOG, POOR INFRASTRUCTURE?
QUESTION FOR ANSWER WRITING PRACTICE Analyse the feasibility of providing Universal Basic Income (UBI) in India. If implemented, Analyse the feasibility of p how can it be made more effective? unacademy discuss [Course] - January 2017 Editorial Analysis of The Hindu and Other Major Newspapers More > (Hindi) January 2017 Editorial Analysis of The Hindu... m Test Preparation UPSC AAS deepanshu.n.singh 17 11d m... January 2017-Editorial Analysis of The Hindu and Other Major Newspapers t5 The course w bring you in-depth analysis of important editor as torn leadng newspapers ike The Hindu, Indian Express Livemint esc which are relevant for Mans as wellas preims Pinned Topics Government examinations These w heip you in your Mans as well as prems preparation About Us Careers Terms Prvacy Contact Us Twitter Facebook created steeply 113 379 21 48 1 Frequent Posters
READ- OTHER INTERESTING ARTICLES The Hindu case for targeted basic income o Setback to climate action plans
TH: ROLLING BACK ORDINANCE RAJ GS-2 The Supreme Court recognised the power to make ordinances has been abused to subvert the democratic process- in Krzisbna Kumar Singh u. State of Bibar, made a series of pronouncements with potentially huge implications . A failure of a legislature to confirm an ordinance, therefore, in the court's ruling, was fatal both to the validity of the law, and also, unless public interest otherwise demanded, to the rights and liabilities that may have accrued from such a law . According to Justice Chandrachud, the authority to issue ordinances is not an absolute entrustment, but is "conditional upon a satisfaction that circumstances exist rendering it necessary to take immediate action"-In other words, ordinances are not immune from judicial challenge - Ordinance- . The founders' aim was always to impose a separation of power between the three recognised wings of government.-In this arrangement, the legislature (Parliament at the Centre, and the Assemblies and the Councils in the States) is tasked with the primary job of making laws. . The executive's role is to administer the country by enforcing these laws . The judiciary interprets the laws, sees if they are being followed, and, where required, reviews them to ensure that they are constitutionally compliant . The executive's power to issue ordinances, therefore, goes against this general grain of command, for it acts neither as a check nor as a balance on the authority exercised by the other branches of government.
TH: ROLLING BACK ORDINANCE RAJ GS-2 - Ambedkar said. "It ought to be 'Power to legislate when Parliament is not in session' - But had Ambedkar been around to witness the systematic dismantling of the constitutional basis for the ordinance-making power by recent governments at both the Central and State levels, it is likely that he may have renounced his earlier opinion - Problem is the-very root of the power's conferment. The clauses allowing for the power to make ordinances are an outlier in our constitutional structure. . Exceptional Measure- equally clear even from the bare text of the Constitution that the authority to issue ordinances is to be used only to meet the emergent demands of extraordinary situations-Article 123 (President) - It further provides that any ordinance shall have the same force and effect as a statute of Parliament, provided it is laid before both Houses . What's more, the ordinance so made will cease to operate at the expiration of six weeks from the reassembly of Parliament", or if Parliament at any time before the conclusion of the period passes resolutions disapproving of the ordinance - In nearly identical terms, Article 213 of the Constitution places on the Governor, acting on the advice of the Council of Ministers of his State, the power to pass ordinances on subjects of State authority In practice, however, ordinances have scarcely been used as a purely exceptional measure
TH: ROLLING BACK ORDINANCE RAJ GS-2 - Most recently, the Central executive had issued an ordinance in 2014, which it subsequently repromulgated three times without approval, to overturn significant benefits guaranteed by the land acquisition law enacted by Parliament in 2013 . Their aim clearly was to bypass the democratic requirements of argument and deliberation, and to overcome numerical shortcomings that they faced in the Rajya Sabha-What the government was doing, therefore, was to use its ordinance-making power as virtually an alternative tool of legislation Present case secice of ordinances pased by thegovernment of Biawch the State sought to take over some 429 Present case- series of ordinances passed by the government of Bihar through which the State sought to take over some 429 Sanskrit schools oJustice Chandrachud -not only repromulgated ordinances, but even ordinances issued at the first instance, are subject to judicial review. Here, he placed reliance on the celebrated S.R. B Courts-can investigate to see if there has been either a fraud or an abuse of power committed by the executive. Far-reaching implications-theory of enduring rights.court overruled two of its earlier judgments-an ordinance is distinct from a temporary legislation, and it therefore doesn't automatically create rights and liabilities that go beyond its term of operation court must examine whether the undoing of acts performed under an ordinance would run counter to pub ente est o However-a test of public interest could prove somewhat problematic in the future. There may well be cases where an ordinance creates outcomes that are manifestly irreversible, despite public interest demanding its reversing. o the court's verdict has to be seen as placing a vital check on what has until now been a power rampantly abused by the executive
CAN NEW INSOLVENCY CODE OVERCOME HUGE BACKLOG, POOR INFRASTRUCTURE? The new code's provision for a time-bound resolution of insolvency and bankruptcy cases is expected to be severely tested by the large number of pending cases o The first insolvency case under the new bankruptcy code was filed last month, more than two years after the idea of the code was floated-filed by ICICI Bank Ltd against Pune-based steel maker Innoventive Industries Ltd in the National Company Law Tribunal (NCLT) The code provides for a time-bound resolution of these cases but analysts and lawyers point out that the huge pendencies at these quasi-judicial institutions will pose a challenge. o The code seeks to reduce the time for resolving an insolvency process to less than a year as against an average time taken of more than four years at present. A recent report by consulting firm Alvarez and Marsal had estimated that the NCLT, which became operational in July last year, may take more than seven years to clear the 25,000 pending cases it received as a legacy. o Also-questions remain about whether the supporting infrastructure is in place Govt has set-up- The regulator-Insolvency and Bankruptcy Board of India-and appointed key functionaries But guidelines governing information utilities, which will collate all in ormation about debtors to prevent sena defaulters from misusing the system, are still a work in progress was conceptualized to address one of the main concerns of investors looking to invest in India- speedy exits from failed investments without getting into the tangle of a prolonged legal battle with workers and creditors
CAN NEW INSOLVENCY CODE OVERCOME HUGE BACKLOG, POOR INFRASTRUCTURE? o It was also aimed at addressing the problem of rising bad debts in the Indian banking system Other concerns-Out of the nine members of the board, only three were to be whole-time members, remaining were ex officio (except the chairperson) or part time, of which two were from the government and one from the RBI, he said. HUGE BURDEN It is estimated that the National CompanyLaw Tribunal may take more than seven years to clear the pending cases it has inherited Cases pending at debt recovery tribunals Number of cases) 95,537 Estimated cases pending at National Company Law Tribunal, according to Alvarez and Marsal report 69,658 62,250 o concerns still remain about over involvement of the 42819 50.128 government, flawed regulatory framework, absence of cross- border law, absolutely illegitimate approach to personal insolvency law making and the extent to which the DRTs have been given jurisdiction under the personal insolvency regime M0 25000 2014 3 Dec 201S 250t 2036 o The government had announced its intention of setting up e Debt Recovery Tribunals will be adjudicating authority over both individual & unlimited liability DRTs and shifting most of the paperwork online to speed up cases but they are yet to be implemented in all DRTs- will improve India's ranking on 'ease of doing business', where India is ranked 130 among 190 countries partnership firms National Company Law Tribunal will be adjudicating authority with jurisdiction over companies with limited liability pany Law Iribuna companies with limited iab lity
IE (DISASTER MANAGEMENT: AFTER THE QUAKE IE (DISASTER MANAGEMENT) AFTER THE QUAKIE Earlier, these residents wanted regularisation of these pockets-but no action was taken o Bheer Bazar, earlier the centre of all commercial activities where artisans and hawkers worked, was dismantled Similarly, the Waghn community generations was also driven out, on the pretext of encroachment o Relocation in villages: o Most relocation has been done on agricultural land acquired from other villages,Some villagers either lost land or were relocated far away The new villages are also larger, this meant expensive infrastructure, again "provided" by the government Local village committees had to increase taxes, which many villagers can't afford o House allocation on the size of land holdings also created new disparities o NGOs emerged as a significant stakeholder in rehabilitation, Local self-governing bodies like panchayats and municipalities were not sufficiently empowered municipalities were not sufficienthy o Areas of Concerns Rehabilitation packages announced soon after the Bhuj disaster offered unequal treatment to various categories of earthquake-affected people The size of agricultural lands was also adopted as one of the criterias for assistance given Places nearer the epicentre received higher assistance