Abhishek Srivastava is teaching live on Unacademy Plus
EDITORIAL ANALYSIS FROM HINDU 8th DECEMBER 2017 https://unacade Editorial analysis Crash course on Polity Crash Course on Modern History Crash Course on Ancient History Crash Course on Medieval History . Ncert Class VI History Summary . Delhi Sultanate *Essay writing Abhishek Srivastava
Defection, disaffection The Tenth Schedule is meant to curb opportunistic party-hopping, not stifle dissent . The disqualification of dissident Janata Dal (United) leaders Sharad Yadav and Ali Anwar as members of the Rajya Sabha was done in needless haste. Even if it did not violate the letter of the anti-defection legislation, the Chairman of the Rajya Sabha, Vice-President M. Venkaiah Naidu, could have considered whether it militated against its spirit. In his order, he cited the time-consuming procedural requirements as the justification for not referring the issue to the committee of privileges. Mr. Naidu took the view that all such cases should be disposed of within three months as any delay would be tantamount to subverting the anti-defection law.
. But neither Mr. Yadav nor Mr. Anwar posed a threat to any government to warrant such fast-tracking of the disqualification process . The decision under the Tenth Schedule of the Constitution was sought to be justified on the basis of the argument that the two members voluntarily gave up the membership of their party when they attended political rallies organised by rival parties. Neither Mr. Yadav nor Mr. Anwar had disobeyed a whip or posed a danger to the stability of any government. Given this, the Rajya Sabha Chairman could have taken the assistance of the privileges committee before deciding the case. him open to charges that his ruling has a political hue. name of their party, the provisions of the Tenth Schedule should not be misused to stifle . It is the fact that he did not exhaust all the procedural avenues before him that has left .As members of the legislature are elected by votes sought in their own name and in the dissent, whether inside or outside the House. . The anti-defection law works best as an insurance against violation of the people's mandate for a party, but it cannot be made a tool to stifle all dissent.
Underwater reinforcements On the 50th anniversary of the Navy's submarine arm, a wake-up call on acquiring dedicated rescue vessel 50th anniversary of the Indian Navy's submarine arm which falls on December 8. . Chief of the Naval Staff Admiral Sunil Lamba indicated that the steadily shrinking force levels of the 'boats' would be augmented in a significant manner over the next two decades Acquisition plan . Admiral Lamba detailed an ambitious acquisition plan for the Indian Navy that includes six diesel electric Scorpene-class submarines; three SSBNs (nuclear-propelled submarines equipped with a nuclear-tipped ballistic missile) to follow INS Arihant, six SSNs (nuclear-propelled submarines) used in an attack role.
India acquired its first submarine, the INS Kalvari, on December 8, 1967, six years after the Navy acquired its first aircraft carrier in 1961. In the intervening decades, the nation and its Navy have graduated to designing and indigenously building SSBNs the INS Arihant. India is the first country in the world to move straight to designing and building an SSBN, without moving up the scale from conventional boats and then SSNs. . This has been possible due to the dedication and rigorous professionalism of the human resource that lies at the core of the submarine arm It merits notice that the Navy does not have a dedicated DSRV even as it enters its 51st year and this void will be filled only later in 2018. The long-delayed DSRV acquisition symbolises much of the systemic ineptitude that characterises the Indian military machine and its many inadequacies
On taxing maintenance money How to curb black money in welfare funds for minors . Should maintenance money paid by parents for the welfare of their minor child be exempted from income tax? - The question has bothered the government, which is finding ways to stem the problem of black money and tax evasion. . The issue came up before the Law Commission of India after the Punjab and Haryana High Court found that it is "desirable" that Section 64 (1A) of the Income Tax Act of 1961 be amended to exempt the interest accrued on maintenance money an estranged parent pays for his or her minor child - The plea taken in the case before the High Court in Payal Mehta v. Sanjay Sarin(2016) was that the interest on the amount of maintenance money deposited in the name of a minor child by the parent should not be subjected to tax Section 64 (1A), as it stands now, includes that "in computing the total income of any individual, there shall be included all such income as arises or accrues to his minor child-
. The High Court insisted that such an exemption should be created. - It reasoned that the "circumstances of a minor receiving maintenance are differe,nt from, say, a minor in whose name some business has been started by either of the parent or who has been advanced some gift..." exemption in the 1961 Act Out Of The Maintenance Money of Minor', shot down the High Court's suggestion. . The High Court suggested that the legislature add a proviso recording such an . The Law Commission, in its 265th Report titled 'Prospects of Exempting Income Arising - First, it said the nature of giving maintenance to a child is different. The intent of such a judicial order directing for maintenance of a minor child is the welfare of the child. Such an order does not give any right to either of the child's parents under any statute. - Second, the issue of custody of a child and determination of the amount of maintenance are of a temporary nature. Third, and most importantly, such an exemption would open the flood gates to evasion of tax
ls there a case for a relook at EVMs? YES In order to restore public confidence, we need to go back to paper ballots Electronic voting machines (EVMs) were designed without any software in them, so that to tamper with them you had to replace the chip. .Today it is possible to replace the chip if we have access to EVMs, it may not be possible to tamper with all of them but it is possible to tamper with some of them by replacing the chip. . Following election results, we invariably come across reports of malfunctioning EVMs. On the VVPAT (voter verifiable paper audit trail front too, there are reports of malfunctioning.
. Also, as per the rules, paper ballots and VVPAT machines are not counted until the Returning Officer asks for it. So, that is not a satisfactory solution either World over, countries are moving to paper ballots, countries realise that EVMs are problematic too, because they carry the risk of being tampered with. So, the time has come for us to go back to the paper ballot. The case of U.P. . The outcome of the recent Uttar Pradesh civic polls suggests that tampering could be happening. There is no conclusive proof of EVM tampering, but the results do raise questions and doubts about a decisive victory BJP had won more in places where there were EVMs and lost more in places where paper ballots were used. In order to restore public confidence, we need to go back to paper ballots. EVMs have been in place for two decades and it is time to acknowledge that they have failed.
Problems of paper ballot . Paper ballots are cumbersome. Transporting them and guarding them is a problem. And ballot boxes can be captured . But the scope of EVM manipulation and what can be achieved through this is on a much larger scale compared to booth capturing. - If EVMs are manipulated, all the votes could be captured with a greater degree of sophistication to favour one party Besides, time and again the Election Commission (EC) has said that the machines cannot be hacked into as they are designed in such a manner so as to make that impossible But let us not be blind to a scenario where, if officials are complicit, and if the guards guarding the EVM machines are complicit, it is quite possible to replace the chips to get the desired verdict.
Introducing EVMs transformed this. Rigging elections became extremely expensive 3. Using luminosity data, we found that EVMs led to a significant increase in the provision of electricity, particularly in States that were more prone to electoral violence 4. We also used data from civil society, and NGOs that monitor elections, and found that EVMs empowered those from the weaker sections of society who were victims of political or electoral violence. 5. We also found that EVMs made the electoral process more competitive. There has been a significant decline in the incidence of re-election, and winning margins have reduced dramatically . In light of this, it would be a retrograde step to roll back EVMs. The very idea of democracy is based on trust and belief in the fairness of the electoral process where the losing party lives to fight another day. Any erosion of this trust and belief would be an irreversible process with an uncertain outcome
Complicated We must remain sceptical and accept the reality that the EVM issue is far from settled The issue of credibility of EVMs has become quite complicated, with Mayawati, Arvind Kejriwal, and leaders from the Samajwadi Party and the Congress raising serious objections about the functioning of the machines Claims and counterclaims The EC has steadfastly maintained that the machines are perfect. . On the one hand, to reassert the integrity of the electoral process, the EC has introduced the paper trail for voters to cross-check their votes. On the other, some IIT-trained engineers have shown how the machines can actually be manipulated by remote devices, or by inserting pre-programmed chips, or by selectively tampering with only 20% of them to secure a simple majority.