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Right To Service    

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Delivering public services in a time bound, decentralised and citizen friendly manner has been one of the major challenges facing the administration wing of the government.

 

Right to Public Services legislation in India comprises statutory laws which guarantee time-bound delivery of various public services rendered to citizens and provides mechanism for punishing the errant public servant if they are is deficient in providing the stipulated services. Hence, Right to Service legislation ensures delivery of time bound services to the public. If the concerned officer fails to provide the service in time, he will have to pay a fine. Thus, it is aimed to reduce corruption among the government officials and to increase transparency and public accountability.

 

Right to Service legislation are meant to reduce corruption among the government officials and to increase transparency and public accountability. Madhya Pradesh became the first state in India to enact Right to Service Act on 18 August 2010 and Bihar was the second to enact this bill on 25 July 2011. Several other states like Bihar, Delhi, Punjab, Rajasthan, HimachalPradesh, Kerala, Uttarakhand, Haryana, Uttar Pradesh, Odisha and Jharkhand have introduced similar legislation for effectuating the right to service to the citizen.

 

Our development as a nation is plagued by low literacy levels, poor health, high population, extreme poverty and corruption. In 2014 India ranked 85th out of 175 countries in Transparency International’s Corruption Perceptions Index11 indicating there is a long way to go.

 

The three defining indicators that have emerged as main components of good governance, effectively reinforcing democratic principle

 

  1. Transparency and Accessibility: Transparency is described as the “characteristic of governments, companies, organisations and individuals of being open in the clear disclosure of information rules, plans, processes and actions”.

 

  1. Accountability and Timelines: Administrative transparency is a means to ensure accountability, reason the lack of it, and also highlight areas susceptible to corrupt practices, further ensuring that they are not overlooked. Accountability strategies which include checks and balances range from checking resource use, controlling expenditure, internal and external auditing processes, to monitoring mechanisms.

 

  1. Impact and Responsiveness of the Administration: The impact of the efficiency of the system can be gauged by people’s faith and confidence in the same. Citizens have become more articulate and aware and expect the administration to respond not merely to their demands but also anticipate them beforehand. The effectiveness and efficiency of an administration at any level, centre, state or local depends on fully responsive and representational people and institutions, as well as on prioritising service and legal mechanisms to correspond with needs of citizens.

 

The Second Administrative Reforms Commission (ARC), “Citizen Centric Administration: The Heart of Governance” endorsed the Sevottam framework and recommended its full implementation in Union and State Governments. Later in 2007, the Second Administrative Reforms Commission recommended that Citizen’s Charters should stipulate penalties for non-compliance followed by The Standing Committee on Personnel, Public Grievances, Law and Justice recommending giving statutory status to Grievance Redressal mechanisms, in 2008.

 

Centralised Public Grievance Redress and Monitoring System (CPGRAMS) In June 2007, the DARPG put in place a 24×7 online portal that links 89 ministries/departments/organisations as of now. This web-enabled solution called the CPGRAMS, sought to streamline and integrate the whole process. The CPGRAMS helps in filing, transferring, tracking and monitoring of complaints from both sides—the citizen, and the department-incharge—from any place and at any time.

 

 

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

 

The Bill was introduced in the Lok Sabha on December 20, 2011. The Bill was referred to the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice.

19 States have Notified/Enacted the bill till yet.

 

The Bill refers to a ‘citizens charter’ which is a document that defines the standard of services to be provided by an entity. The citizens charter will also provide the time frame within which goods and services are to be provided.

  • The Bill requires all public authorities to appoint officers to redress grievances.  Grievances are to be redressed within 30 working days.  The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions.
  • A penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services.

 

The common framework of the legislations in various states includes, granting of “right to public services”, which are to be provided to the public by the designated official within the stipulated time frame. The public services which are to be granted as a right under the legislations are generally notified separately through Gazette notification. Some of the common public services which are to be provided within the fixed time frame as a right under the Acts, includes issuing caste, birth, marriage and domicile certificates, electric connections, voter’s card, ration cards, copies of land records, etc.

On failure to provide the service by the designated officer within the given time or rejected to provide the service, the aggrieved person can approach the First Appellate Authority. The First Appellate Authority, after making a hearing, can accept or reject the appeal by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant.

An appeal can be made from the order of the First Appellate Authority to the Second Appellate Authority, who can either accept or reject the application, by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant or can impose penalty on the designated officer for deficiency of service without any reasonable cause, which can range from Rs. 500 to Rs. 5000 or may recommend disciplinary proceedings. The applicant may be compensated out of the penalty imposed on the officer. The appellate authorities has been granted certain powers of a Civil Court while trying a suit under Code of Civil Procedure.

ANCIENT KINGDOM

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Rajrishitulyakul

Rajrishitulyakul dynasty ruled over the south Kaushal. They ruled from 5th to 6th century AD. From the bronze inscription it is known that they followed Guptsamvata. This shows that accepted the supremacy of the Gupta Dynasty.

There are six known rulers of the Rajrishikulya Dynasty. They are all follows:

  1. Sur
  2. Dayit I
  3. Vibhishan
  4. Buimsen I
  5. Dayitverman II
  6. Bhimesen II

 

Nal Dynasty

NalDyansty ruled over the south Kaushal in the present day Bastar area. They ruled from 5th to 12th century. From the Rajim Inscription it is known that was the founder of NalDyansty.

Nal dynasty ruler Bhavdatverman and Skanda vermin has made Pushkari the capital city.

Vilas Tung was the ruler of Nal Dynasty, he made the Rajiv Lochan temple.

Nals were the contemporary of Vakatakas and Bastar was the centre of their power. Nal lost their power after defeating from Somvanshis.

 

Sharabpuriya Dynasty

It was established in 6th century. Sharabh, the father of Narendra has established this dynasty.

Sharbhpur was the capital of this dynasty, which is near to Sirpur(Raipur district). There are two bronze inscription in Pipardula(Sanrangarh) and second Kurud(Raipur). These two inscription writes about Narendra’s kindness and his donation to poor. There is another ruler from this dynasty, Prashanna, who started gold coins and established Prashanapur near the banks of river Nidila. Sharbhpur, Shripur and Prashanpaur are written in bronze inscription. Sudevraj established Shripur. In 6th century Sharabpuriya dynasty came to known as Amaryakul dynasty.

 

 

Pandu Dynasty

 

The first ruler of this dynasty was Udayan. Other rulers are Indrabal, Ishandev, Rankemedi and Bhavdev.

Tivardev made Pandu dynasty a strong kingdom. He was the follower of Shaivism. He adopted Kosalapati title after winning over Kaushal, Utkal and some other Mandals.

Mahanabhdev was the son of Tivardev. He started calling himself as somvanshis. In various inscription it could easily be seen. They patronized all the religions including Buddhists. Many scripture and Viharas are found recently found in recent historical search. Four Bronze inscription of Ballarjuna have been found from bardula, Lodhia, Mallar and Bonda.

 

 

Somvanshi

 

Somvanshiruled in south Kaushal from 9th to 11th century.

They considered themselves as the rulers of Kaushal, Utkal and Kalinga. They have adopted Trikalingadhipati title as well.

In their coin image of Rajlakskmi could be seen easily.

The prominent rulers of this dynasty are Shivgupta, Mahashivgupta, Bhimrath II, Dharmaratha, Nahutha, Yayati and Chandihar. Kalchuris continuously attacked on their kingdom. This has shaken their kingdom.

Various National Missions and Programmes:-

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  1. MNREGA
  2. Jan Dhan Yojna
  3. Atal Pension Yojna
  4. Skill India Mission
  5. Deen Dayal Upadhyaya Gram Jyoti Yojana
  6. Pradhan Mantri Suraksha Bima Yojana
  7. Pradhan Mantri Jeevan Jyoti Bima Yojana
  8. Sukanya Samridhi Yojana
  9. Pradhan Mantri  Garib Kalyan Yojana
  10. Jan Aushadhi Yojana (JAY)
  11. Nai Manzil Scheme for minority students
  12. The Pradhan Mantri Awas Yojana (PMAY) or Housing for all by 2022
  13. AMRUT Mission
  14. Smart City Mission
  15. National Food Security Act-2013

 

Miscellaneous Facts:

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1.The Marathas were Scindia (Gwalior), Holkar (Indore), Gaekwar (Baroda), Bhonsle (Nagpur).

 

2.Sawai Jai Singh of Amer (Jaipur) had Euclid’s ‘Elements of Geometry) & several works on Trigonometry were translated into Sanskrit. Banda Bairagi was baptised as Banda Singh Bahadur by Guru Gobind Singh.

 

3.Alfonso d’ Albuquerque came to India as the Portuguese governor & later captured Goa.

 

4.By a Farman issued in 1717 by Farrukh Siyar the East India company gained many concessions. The first British factory was established in 1651 in Hughli under permission from Shah Shuja, Subedar of Bengal & son of mughal emperor Shah Jahan.

 

5.Clive introducted the system of dual administration in Bengal under which the company acquired real power while the responsibility of administration – Nizamat as well as Diwani was exercised through Indians. This system was finally terminated by Warren Hastings.

 

6.Under subsidiary alliance a British resident & army was to be kept at the princely state & a portion of the territory/annual amount was to be given for maintenance. In return the states got British protection.

 

7.Devasting famine of Bengal in 1770 & 1837 (8 lakhs died). Later there was serious famine in 1896-97 & 1899-1901.

 

8.The sequence of states which were annexed by doctrine of lapse were Satara (1848), Sambalpur of Orissa, Jaitpur in Bundelkhand (both in 1849), Baghat (1850)Udaipur (1852), Jhansi (1853), Nagpur (1854). Awadh was annexed on the grounds of misrule.

 

9.First direct translation of a Sanskrit work into English was completed by Charles Wilkins. The book that was translated was the Bhagavad-Gita. The pindaris were a group of irregular horsemen attached to the Maratha army who used to serve without pay but were allowed to plunder. The British suppressed them.

 

  1. The Britishers stopped the pension of Peshwa Baji Rao II’s adopted son Nana Sahib, the nawab of Carinatic & the Raja of Tanjore.

 

  1. The army officers in Bengal were paid two times extra allowance in comparison to their counterparts in Madras. Lord Clive stopped this & consequently the British Army Officers rose in revolt which came to be known as the White Revolt.

 

  1. In 1853 Charles Wood became the Chairman of the board of control. Consequently by the Charter Act of 1853, Indians were allowed entry into the Civil Services. The minimum age was raised to 23 & its centre was England & Enlish was made the medium. The dispatch recommended the establishment of one university each in Calcutta, Bombay & Madras on the model of London University.

 

  1. Cornwallis was the first Governor General to establish a regular police force on the British pattern in India. Warren Hastings established a fauzdari & Diwani Adalats. The Diwani adalats were presided over by the District collectors whereas Indian Judges assisted by Muftis & Qazis decided cases in Faujdari adalats.

 

 

 

Appeals from these adalats could be made to Sadar Diwani adalat & Sadar Nizamal adalat at Calcutta. Warren Hastings also established a madrasa in Calcutta to encourage study of Muslim laws.

 

  1. The Sadar Diwani & Sadar Nizamat adalats operated on the basis of Indian laws.

 

  1. Lord Cornwallis divested the collector of all judicial powers, thereby putting an end to his role as both the collector of revenue & the district magistrate. He created a new post called District judge for the purpose. During his period the system of Zamidari was introduced. The Mahalwari & Ryotwari systems were also devised to maximize revenue collections.

 

  1. Gradation of criminal courts were – district, circuit, provincial circuit & the highest Sadar Nizamat Adalat. The Governor General enjoyed power of pardon. In case of civil law the gradation was Munsifs, court of registrars, district courts, provincial courts (Calcutta, Dacca, Murshidabad& Patna), Sadar Diwani Adalat & the highest King in Council.

 

  1. Lord William Bentick established separate Sadar Nizamat Adalat & Sadar Diwan Adalat were set up at Allahabad for convenience of N W Indian population.

 

  1. The Widow Remarriage Act was passed in 1856. In 1891 though the enactment of the age of consent act the minimum marriageable age for a girl was raised to 12 years. In 1930 though the Sharda Act the minimum age was raised to 14 years. After independence the limit was raised to 15 years (1948) & 18 years (1978).

 

  1. Railways were introduced during Dalhousie’s period. Dalhousie also passed Religious Disabilities Act. Till 1850 a convert to other religion used to be disinherited from the ancestral property, but now even after adopting Christianity his claims on property remained intact. Lord Caning (1856-62) was the last governor general of the east India company.

 

  1. In 1852 Inam commission was established. Its objective was to take over the lands on which revenue was not being paid.

 

  1. Lord Ellenborough discontinued the practice of giving gifts to Bahadur Shah & stuck his name off the coins. Dalhousie asked him to vacate Delhi & shift to Qutab area. Canning announced that the emperor should renounce the title & his status be reduced to that of a prince.

 

  1. The mode of carrying the revolt of 1857 was chappatis & red lotus. Initally planned on 31st May but on 29th March Magal Pandey revolted. Bakht Khan was the actual leader at Delhi, Begum Hazrat Mahal at Lucknow (declared her minor son Bijris Kadar the nawab & rose in revolt), Nana Saheb, Tantya Tope, Azimullah khan at Kanpur, Kunwar Singh of Jagdishpur (Bihar),Ahmadullah at Rohilkhand, Ranga Bapuji Gupte in Maharashtra, Sonaji Pant & Ranga Rao Page of Kolhapur, Radhakrishna Dandsena at Ganjam. Chengalpet (under Annagiri & Krishna) near Madras was also a major centre.

 

 

 

  1. Loyalist included Holkar of Indore, ruler of Gwalior, rulers of Patiala, Jind, Nabha, Nizam of Hyderabad, Gulab Singh of Kashmir, Sikh rulers of Patiala, Nawab of Bhopal, rulers of Tehri & Tikagarh. Big landlords, moneylenders & traders also supported the rule of the company. The English educated classes also remained indifferent. Queen of Bahadur Shah, Rani Jeenat Mahal & her two sons joined hands with the enemy.

 

  1. Bahadur Shah was sent to Asylum in Rangoon where he died in 1862.

 

  1. The white soldiers revolted because of their discontent due to shifting of their divisions from the East India Company to the command of British Crown. Due to this Canning had to remove nearly 10,000 soldiers. This was called the ‘Revolt of the whites’.

 

  1. Following the revolt the army was reorganized. No European was recruited in the local forces. Crucial branches of army like artillery exclusive for British. Except for some loyal regiments the Bengal army was disbanded.

 

  1. In 1876 the British Parliament passed an Act known as the ‘Royal Titles Act’ by which the Queen Victoria assumed the title of the ‘Empress of India’. The practice of Royal Darbar (1877) during Lytton was introduced to instill loyalty among the Indian princes. Again Royal Durbar at Delhi during Curzon’s period in 1903 to commemorate the coronation of Edward VII.

 

  1. After 1857, due to the Press Registration Act of 1867, liberty of press which had been given by Metcalf (1835) was finished. The Verinacular Press Act of Lord Lytton of 1878 which empowered the district magistrates to call upon the publisher to enter into a bond undertaking not to publish anything likely to excite feelings of dissatisfaction. English papers were exempted from it. No appeal could be made. Amrita Bazar Patrika started publishing in English instead of Bengali. Indian Arms Act passed by Lytton in 1878 barred Indians from possessing weapons unless considered loyal subjects by Britishers.

 

  1. Through an act in 1860 the age limit fro Civils was reduced from 23 to 22 & it was further reduced to 21 in 1866 & probation in England extended for a period of 2 years from 1 year before. In 1864 Satyendra Nath Tagore was the first Indian to clear. In 1869, Sri Surendranath Banerjea, Sri Bihari Lal Gupta & R.C Dutt succeded. In 1877 the maximum age was further reduced from 21 to 19. Lytton proposed a plan for Statutory Civil Services in 1879 which was not to have the same status as covenanted services. However an amendment provided that a maximum of 1/6th of its member should be Indians.

 

  1. The Hunter Commission (1882) was officially known as the Indian Education Commission, appointed to review the state of education since Wood’s dispatch & headed by William Wilson Hunter.

 

  1. Ilbert Bill (1883) of Ripon (1880-84) was meant for allowing Indian judges to try Europeans. Lord Ripon repealed the Verinacular Press Act in 1882.

 

 

  1. Chief Pre Congress organizations were Land Holders Society (1837), British India Society (1843), British Indian Association (1851) in Bengal, Native Association (1852) in Madras & Bombay Association (1852) in Bombay. In 1866 Dadabhai Naroji (Grand Old Man of India & president of Congress twice) set up the East India Association in London.

 

  1. The Pune Public Conference (Ganesha Vasudev Joshi, S.H. Sathe, Chiplunkar& MG Ranade) was established in 1870. In Calcutta the Indian league (Editors of ABP- Sisir Kumar Ghosh, Shambhuchand Mukherjee, Kali Mohan Das & J.C. Dutt) was established in 1875

 

  1. The ‘Indian Association’ was set up in 1876. Its leaders were Anand Mohan Bose & Surendranath Banerjea. The Mahajan Sabha (P. Rangayya Naidu, V. Raghavachari & Anandcharlu) was estd in Madras in 1884. In 1885 Hume spoke of his own party as Indian National Union which later came to be known as Indian national Congress (during Dufferin’s tenure). The actual purpose was to strengthen British rule & act like a safety valve. Under the leadership of William Digby, the congress opened a branch in England in 1888 & started a magazine called ‘India’.

 

  1. Aurobindo Ghosh (1872-1950) returned to India after 14 years stay in England in January 1893. Annie Besant arrived in India the same year & Mahatma Gandhi went to S.A in connection with the trial of a merchant, Abdulla Seth. Tilak was arrested for seditious writing in his paper “Kesari” & sentenced for six years (1908-14) imprisonment. He asked Jinnah to defend him.

 

  1. In 1904 the Administrative Secrecy Act was passed which considered breach on official secrets as a criminal offence. The same year the Indian Universities Act was passed which increased the government control on the universities.

 

  1. In the partition of Bengal, Chittagong, Rajshahi & Dacca were merged with Assam to form new province. Dacca was proposed to be its capital. The remaining part included West Bengal, Bihar & Orissa. Finally Curzon announced the partition of Bengal on October 16, 2005. This was observed as ‘black day’.

 

  1. In the 1915 session of the Muslim league Mahatma Gandhi, Sarojni Naidu & Madan Mohan Malviya took part which was presided by M.A. Jinnah. The Congress accepted the demand of separate electorates.

 

  1. Gandhiji wrote in Hind Swaraj, ‘Passive resistance (Satyagraha) is an all sided sword’. He wanted the satyagrahi to observe perfect chastity, adopt poverty, follow truth & cultivate fearlessness.

 

  1. Under the Morley-Minto reforms of 1909 only 1 percent & under the Montagu-Chelmsford Reforms of 1919, two & a half percent, & under Govt of India act 1935, 13 percent population became eligible voters. Elections to provincial legislatures were held in 1937 & the congress virtually swept the polls. The Muslim league could register victory only in 81 seats out of 482 Muslim seats. Viceroy Linlithgow assured Congress of his cooperation. The congress formed government in 7 states. In two states in Sindh & Assam ministries

 

were formed by congress support. In Punjab the Unionist Party & the Muslim League formed the coalition government & in Bengal the coalition ministry of Krishak Praja Party & the Muslim League came to power.

 

  1. In 1937, after the elections Mohammad Ali Jinnah Proposed to form a coalition ministry in the United Provinces (as they were in minority) but the congress refused. At this juncture Jinnah proposed his ‘two-nation theory’. The Muslim league celebrated 12 December 1939, the day on which the Congress Ministries resigned from office as the ‘Deliverance Day’. However communal stock flared up in 1940 when the Muslim League accepting the two nation theory in its annual session at Lahore demanded Pakistan creation. The Jamait-ul-Ulema-e-Hind, Khudai Khidmatgar opposed the demand.

 

  1. In 1939 without consulting the people of India, the British government involved the people in war. Hence the congress ministries resigned.

 

  1. The Hindu Mahasabha was established in 1915 on the occasion of the Kumbh Mela at Hardwar by Madan Mohan Malaviya. V.D Savarkar, Lala Lajpat Rai participated in it.

 

  1. On 26th November 1949, Dr. Rajendra Prasad as the president of the constituent assembly formally signed the constitution, even while expressing his dissent on 20 points. It was primarily written in English & no educational qualification was set for any posts enshrined in it. India was then divided into 562 princely states (accounting for 48 % area & 20 % population) other than British India.

 

  1. During 1941-45, no sessions of Congress were held due to arrest of all eminent leaders

 

  1. Manabendra Nath Roy (March 21, 1887 January 25, 1954) was an Indian Communist leader. Roy was

 

born as Narendranath Bhattacharya. He had a leading role in revolutionary movements in India, Mexico, the Middle East, the Soviet Union, Indonesia and China. Like Marx he was both and activist and a phisopher; in fact Lenin called him “the Oriental Marx”. Roy tried to organize an armed insurrection in India in 1915; founded the Communist Party of Mexico (1919) and the emigre Communist Party of India in Tashkent (1920); rose to occupy the highest offices of the Communist Interinational and led the Commintern’s delegation to China (1927). At the same time he authored such Marxist classics as India in Transition

 

(1922), The Future of Indian Politics (1926) and Revolution and Counter-revolution in China (1930); and founded the organ of the emigre Communist Party of India, The Vanguard (and later The Masses) and edited it for seven years (1922-28).

 

Special provisions relating to reservation of seats for S C and ST. in Legislature,Services etc

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Hindu society is divided into four varna, or classes, a convention which had its origins in the Rig Veda, the first and most important set of hymns in Hindu scripture which dates back to 1500-1000 B.C. At the top of the hierarchy are the Brahmins, or priests, followed by the Kshatriyas, or warriors. The Vaisyas, the farmers and artisans, constitute the third class.

The division of Indian society into various castes, together with the practice of untouchability, and the geographic isolation of some tribal communities has meant that these communities have lagged behind others in terms of educational and occupational attainment, political participation and with regard to opportunities for social mobility.

There were many movements and governmental actions that took place pre- and post- independence in order to overcome and attempt to eliminate the inequalities and injustices associated with the caste system. During the national movement, Gandhi began using the term “Harijans” (God?s people) to refer to the untouchables in order to encourage a shift towards positive attitude towards the lower castes. B.R. Ambedkar campaigned for greater rights for Dalits in British India, and even after independence.

Article 341(1): The President may with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the casts, races or tribes or parts of or groups within casts, races or tribes which shall for the purpose of this Constitution be deemed to be Schedule Casts in relation to that State or Union Territory, as the case may be.

Article 341(2): Parliament may by law include in or exclude from the list of Schedule Casts specified in a notification issued under clause (1) any casts, race or tribe or parts of or groups within casts, races or tribes but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification

Seats shall be reserved in the House of the People for — (a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.

Article 16 of the constitution provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state, i.e. No citizen shall on grounds only of religion, race, caste sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment of office under the State. While Clause (4-A) states that nothing in this article shall prevent the State from making provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately represented in the service of the State.

Non Co-operation and Khilafat Movement

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  • Montagu-Chelmsford Reforms 1919: Dyarchy
  • In a system called “dyarchy,” the nation-building departments of government — agriculture, education, public works, and the like — were placed under ministers who were individually responsible to the legislature. The departments that made up the “steel frame” of British rule — finance, revenue, and home affairs — were retained by executive councillors who were nominated by the Governor.
  • The Hunter Committee report praised the actions of general Dyer.
  • Khilafat Movement
    • For support of Turkey
    • Khilafat Committee formed under the leadership of Ali Brothers, Maulana Azad, Hakim Ajmal Khan and Hasrat Mohani
    • The promises made to the Khilafat Committee were not kept after the World War.
    • The All-India Khilafat Conference held at Delhi in November 1919 decided to withdraw all cooperation from the government if their demands were not met.
    • On June 9 1920, the Khilafat Committee at Allahabad unanimously accepted the suggestion of non-cooperation and asked Gandhiji to lead the movement.
  • Khilafat movement cemented Hindu-Muslim unity
    • Gandhiji looked upon the Khilafat agitation as “an opportunity of uniting Hindus and Mohammedans as would not arise in a hundred years”
  • The non-cooperation movement was launched on August 1, 1920. Lokmanya Tilak passed away on the same day.
  • People countrywide observed hartal and took out processions.
  • The congress met in September at Calcutta and accepted non-co-operation as its own.
  • The programme of non-cooperation included:
    • Surrender of titles and honors
    • Boycott of government affiliated schools and colleges, law courts, foreign cloth and could be extended to resignation from government services.
    • Mass civil disobedience including the non-payment of taxes.
    • National schools and colleges were to be set up
    • Panchayats were to be established to settle disputes
    • Hand-spinning and weaving was encouraged
    • People were asked to maintain Hindu-Muslim unity, give up untouchability and observe strict non-violence.
  • Changes in Congress to attain the new objective:
    • At the Nagpur session in 1920 changes in the Constitution of Congress were made.
    • The goal of congress was changed from the attainment of self-government by constitutional and legal means to the attainment of Swaraj by peaceful and legitimate means.
    • The Congress now had a Working Committee of fifteen members to look after its day to day affairs.
    • Provincial congress committees were now organized on a linguistic basis.
    • Mahalla and ward committees were formed.
    • The membership fee was reduced to 4 annas a years to enable poor to become members.
    • This was not without opposition however. Some members still believed in the traditional methods. Leaders like Jinnah, GS Khaparde, Bipin Chandra Pal and Annie Besant left congress during this time.
  • Gandhiji, along with the Ali brother, undertook a nationwide tour to address people.
  • Thousands of students left government schools and joined national schools.
  • The most successful item of the programme was the boycott of foreign cloth.
  • Picketing of toddy shops was also very popular.
  • Students let government schools and colleges. IT was during this time that Jamia Milia Islamia of Aligarh, the Bihar Vidyapith, the Kashi Vidyapith and the Gujarat Vidyapith came into existence.
  • Lawyers such as  Deshbandhu CR Das, Motilal Nehru, Rajendra Prasad, Saifudiin Kitchlew, C Rajagopalachari, Sardar Patel, T Prakasam and Asaf Ali gave up their legal practice.
  • Tilak Swarajya Fund was started to finance the NCM.
  • In 1921, Khilafat Committee issued a resolution that no muslim should serve in the British Indian army.
  • The visit of the Prince of Wales on 17th November 1921 was observed as a day of hartal all over the country.
  • The Congress Volunteer Corps emerged as a powerful parallel police.
  • By December 1921, the government felt that things were going too far and announced a change of policy by declaring the volunteer corps illegal and arresting all those who claimed to be its members.
  • Thousands of peasants and tenants participated in the movement.
  • In Punjab, the Akali movement to remove corrupt mahants from the Gurudwaras was started.
  • Assam: Tea plantation workers went on strike. Midnapore: peasants refused to pay Union Board taxes.                 Guntur (Chirala): Agitation led by Duggirala Gopalakrishayya                       Malabar: Mohlahs (muslim peasants) created a powerful anti-zamindari movement.
  • As the government refused to yield, Gandhiji announced that mass civil disobedience would begin in Bardoli taluqa of Surat.
  • However, in Chauri Chaura, Gorakhpur on 5 February 1922 crowd set fire on a police station and killed some policemen. On hearing this, Gandhiji decided to withdraw the movement.
  • The congress working committee ratified his decision. Thus, on February 12, 1922, the non-cooperation movement came to an end.
  • Assessing the Withdrawal:
    • Some scholars say that Gandhiji withdrew the movement because he wanted to protect the interests of the propertied class.
    • Some argue that there was no logic why a small incident should lead to withdrawal of the movement itself.
    • However, government could use Chauri Chaura to justify its repression of the movement.
    • If movement was started at that time, it would have been defeated due to the repression of the government.
    • Gandhiji was protecting the movement from likely repression, and the people from demoralization.
    • Mass movements tend to ebb in some time. Hence, withdrawal is a part of the strategy of mass movements.
  • Gandhiji was tried in 1922 and sentenced to six years’ imprisonment.
    • He invited the court to award him “the highest penalty that can be inflicted upon me for what in law is a deliberate crime, and what appears to be the highest duty of a citizen”.
  • Positives out of the non-cooperation movement:
    • Congress started commanding the support and sympathy of vast sections of the Indian people.
    • Millions of Indians became politically involved. Women were drawn into the movement.
    • Muslims participated heavily and communal unity was maintained.
    • Strengthened the national movement. Nationalist sentiments and the national movement had reached the remotest corners of the land.
    • People gained tremendous self-confidence and self-esteem.

 

Social Reforms Movements in Muslim Community: Wahabi Movement & Aligarh Movement

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Social Reforms Movements in Muslim Community: Wahabi Movement & Aligarh Movement

 

The Muslims reformers in India launched many religious movements. Some tried to revive the religion and other tried to reform the religion. During the 19th century religion reforms movement were on the peak. Movements like Deoband Movement, Ahamadiya movement, Aligarh Movement;Wahabi Movement has influenced the masses and made them think about their religion and their status.

In this article, we will discuss about Wahabi movement and Aligarh Movement.

 

Wahabi Movement

 

Timings of movement:

Wahabi movement expands from 1820 to 1870.

Foundation of movement:

Saiyad Ahmad was the leader of movement in India who was influenced by the teaching of Abdul Wahab of Arab and saint shah Waliullah.

Objective of movement:

Wahabi movement was a reformist movement, which tried to do away with un-Islamic practices in Islam. It was a Islamic purifying movement. However, later the movement turned against Sikh and British Imperials.

Important events of movement:

Saiyad Ahmad led a countrywide movement to spread his movement. He wanted to make India from Dar-ul-Hurb to Dar-ul-Islam. Dar-ul-Hurb means land of Kafirs.

Syed Ahmed criticized all changes and innovations in Islam and encouraged a return to the pure Islam and society of Arabia of the Prophet’s times.

For the achievement of the desired objectives, Syed Ahmad looked for

  • the correct leader,
  • a proper association and
  • a safe territory from where he wanted to launch his Jihad.

At first, he revolted against the Sikh kingdom ruler Maharaja Ranjit Singh. In 1830 they captrured Peshawar but they lost it to Sikhs in 1831 after the battle of Balakot.

After the inclusion of Punjab in 1849 in East India Company British was the target of Wahabi Movement.

Wahabi revolted against British in 1860s but British understood the upcmongdanger. They suppress the movement after attacking Wahabi bases in Sathana, Bihar.

Effect of movement:

Wahabi Movement spread the word of religion in Islam and it accepted Islam as the most important religion in the world. The British in 1870 altogether suppressed the movement.

Aligarh Movement

 

Foundation of movement:

Sir Syed Ahmad Khan launched the Aligarh movement. He started the Mohammedan Anglo-Oriental College at Aligarh in 1875, which was later, become center of Aligarh Movement.

Objective of movement:

Unlike Wahabi movement Aligarh movement was a revivalist movement; which sought change in religion as the need of the hour. Aligarh movement saw western education necessary for the development of individual.

Important events of movement:

The Aligarh Movement was the drive for modern Muslim education.

Itplayed an important role to Indian Muslims by its political foresightedness.

From the early stages, the movement was political in nature.  In 1886 Sir Syed Ahmad Khan founded the All India Muhammadan Educational Conference i to promote more broadly the educational aims of Aligarh Movement.

New trend in Urdu literature was due to Aligarh Movement. Sir Syed Ahmad Khan and his association accepted and promoted simple style, which helped Muslims to understand the main purpose of the movement. It discarded the old writing style of Urdu, which was not for the common people.

The Aligarh Movement promoted adoption of a historical and moral attitude, which influenced the life of the Indian Muslim.

It helped scholars to leave the romantic style of prose and poetry.

Urdu Defense Associationconsidered asderivative of the Aligarh Movement.

The DeobandSchool was opposed to the movement as Aligarh Movement. They considered it as supporters of the British

 

Effect of movement:

The Wahabi movement and other movements before 1857 saw Muslims anti- British. After the revolt, Sir Syed Ahmad Khan thought to have support of British in the development of Islam and Muslims in India.

Aligarh Movement gave political representation to Muslims and improved their social condition.

 

 

 

 

 

 

 

 

 

ARUNACHAL PRADESH : AGRICULTURE

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Agriculture is the main source of earning of Arunachal Pradesh. The state gets as much as 500 centimeters of rainfall and this accounts for the large number of rivers and lakes in the region apart from extensive forests which have induced the people to adopt the ‘Jhum’ form of cultivation in which a select area of the forests is burnt and used for cultivation. In the following years the farmers shift to another forest plot which leads to the cultivation being called shifting cultivation. About 53% of the total cultivated area is under Jhum and the rest under permanent cultivation. Due to good rain rice the major crop. Other important crops are maize, millet, wheat, pulses, potato, oil seeds and sugarcane. Ecological conditions of Arunachal Pradesh are congenial for the growth of horticulture. Besides this there are plenty of oranges, guavas, pineapples, lemon, litchi, papaya, and temperature fruits like apple, plum, pear, peach, cherries, walnut, almonds are grown.  Various steps were taken to diversify the agriculture economy by encouraging the cultivation of cash crops like potatoes, and horticulture crops like apple, oranges, guavas, and pineapples, etc. Many important projects such as Regional Seed Foundation Potato Farm at Tawang, Regional Apple Nursery at Dirang, and State Horticulture Farm at Sheragaon were set up with the help of North-Eastern Council to boost agro-horticulture activities. Apart from these Gramsevak Training Centre and farmers Training Centre located at various parts of the state impart training in scientific methods of rural development and agriculture respectively. In this way pre-agricultural level of technology in 1950 is now firmly established in the world of hybrid varieties, genes and biotechnology.

MAIN CROPS IN ARUNACHAL PRADESH : Major variants of cereals produced in Arunachal Pradesh are Paddy, maze, millet. The major kinds of fruits produced are almonds, walnuts, papayas, peaches, kiwis, lemons, oranges, pineapple, litchi, banana etc. The major types of vegetables produced in Arunachal Pradesh are Cucumbers, brinjals, pumpkin, sweet potato, ginger, chillies, spices like cardamom, cinnamon and cloves.

 

CHALLENGES OF AGRICULTURE IN ARUNACHAL PRADESH

(1 ) Shifting Cultivation ( jhum ) : Shifting cultivation (jhum) is an age-old practice popularly adopted by the hill tribes. In Arunachal pradesh aprrox. 50 % agriculture is under the jhum cultivation . This practice has numerous harmful effects on soil and climate. It ultimately affects crop production and economy of hill people. Moreover, shifting cultivation has other ill effects such as loss of forest cover, loss of wild habitat of many species of plants and animals, loss of bio- diversity, soil erosion, enhanced run-off, depleting ground water resources, siltation of water harvesting structures, drying up o f natural streams, non rainy season, non availability of fuel wood and fodder etc.

(2) Infrastructure : An effective infrastructural facility is necessary for increasing agricultural productivity. For the modernization of agriculture through technological innovations, the most essential components of infrastructure are rural electrification, transport and communication, marketing facility and education. Rural electrification is the most important infrastructure for the development of agriculture. But the progress of rural electrification in Arunachal pradesh has been extremely meager. A bulk of the villages in the hill districts are not connected with electrification.

Agricultural productivity is determined to a great extent by the proximity of a market centre to the farms and cheaper and easier transport. The farm output in a remote place may be abundantly produced. But the surplus output, if it cannot be transported easily to the markets has little value in monetary terms, and therefore, the agriculture of that place is less efficient than that in another place situated near a market centre. In a hilly region like Arunachal pradesh connectivity is a big challenge .

(3) Irrigation : Inadequate irrigation facility is one of the important reasons for low agricultural production in the state of Arunachal pradesh. Though excessive rainfall occasionally causes devastating floods in the state, co-existence of both flood and drought is not rare.

(4) Fertilizers : Irrigation and fertilizers are intimately related. Fertilizers are unusable without assured supply of sufficient water. In the same way, without the use of fertilizers, irrigation remains less effective. The use of HYY seeds also requires application of suitable doses of fertilizers. In fact, irrigation effects all the component elements of agricultural output growth. The hill zone of Assam has a very low level of fertilizer consumption.

(5) Agricultural Credit : As agriculture lies at the mercy of monsoon with uncertainty of production prevailing at all times, and as the bank’s traditional credit principles and rules are different for the illiterate farmers to understand and follow, a psychological barrier exists between the banks and the cultivators.

NEW AGRICULTURE STRATEGY

Top priority to be accorded on increasing farmers income:     The new policy would accord top priority to increasing the incomes of farmer’s. This is necessary in view of the topographic disadvantages, communication bottleneck that hindetrs other income generating activities.  The Policy, therefore, emphasizes all income generating activities like Cash crop, Floriculture, Fruit culture, Fish and Pig rearing, Agro-processing and so on along with all other activities that are considered necessary for the purpose.

Addressing problems related to Shifting Cultivation : Special emphasis to be given on shifting cultivation, ensuring better land management, introducing improved cultivation in slop land through Agro-forestry, Horticulture and encouraging other household activities. The programme is to be designed in such a way that there would be simultaneous thrust in weaning the Jhum farmers towards better cultivation.

In this regard observations of S.P. Shukla Commission Report on “Transforming the Northeast” (march 1997) pertaining to Jhum Farming is worth noting :

“Hill farming in the Northeast is largely under Jhum though there are some excellent terraces in certain states and expanding patches of wet rice cultivation. Jhum farming is becoming less productive with a shrinking Jhum cycle and has caused erosion and forest regression in certain areas. Not all Jhumias resettlement schemes have worked well; nor can jhuming be ended all at one. The problem needs to be tackled sensitively as Jhum cultivation is also a way of life. •   “The ICAR has evolved a three-tier hill farming package combining forestry, Horticulture or tree farming and terraced cultivation as one moves down the hills. Jhum improvement is advocated by others and can be carried further through appropriate R&D. Nagaland has pioneered an excellent method of upgrading Jhum by interposing a strong and increasing component of agro-forestry through assisted tree planting of selected fast growing economic timber, the menu being a producer of meticulous exercise in bio-diversity mapping, documentation and breeding of plant material for Widespread propagation. ”

Location specific strategy development: Efforts would be made to formulate an area specific differentiated strategy taking into account the agronomic, climatic, socio-economic practices as well as the resource worthiness of the farmer. Special emphasis will be made for introducing the newly developed H.Y.V. seeds, improved planting material, adoption of new technology and mechanized farming.


Convergence of allied activities: There would be a shift from the commodity approach to system approach in Agriculture. All the land based activities like that of Agriculture, Sericulture, Live Stocks, Fish rearing etc. would be given a new dimension and synergetic functional assignment. The ultimate objective is to create conditions which would help the farming community to maximize incomes. The policy will aim at avoiding duplication of programmes/works by different functionaries, as far a possible. Towards that end, there will be regular monitoring and evaluation of all schemes implemented by Agriculture and allied Departments through appropriate mechanism.

 

Technology Transfer : Importance will be accorded to identify new location specific and economically viable improved species of Agriculture, Horticulture, Livestock and Fish etc. Accordingly motivational aspect of Agriculture Extension would receive due attention. The entire extension system will be revitalized. Innovative and decentralized institutional change will be introduced to make extension system responsible and accountable. Development of human resources through capacity building and skill upgradation of Extension functionaries will receive due attention.

Supply of Inputs : Adequate and timely supply of inputs such as seed, fertilizer, pesticides, Agri-tools and implements, credit at reasonable rate to farmers will be provided by the Govt. and other institutions, subject to availability of resources and funds. Grater emphasis will be given to increase the consumption of such inputs for acheiving the targetted increase per unit area productivity. As far as possible use of organic manure/compost will be encouraged to avoid ill effects of inorganic fertilizers. Soil health card, quality testing of inputs like fertilizer, chemicals etc, will be introduced and supply of spurious inputs will be checked. On farm management of water, increasing the area under irrigation through the use of surface water and sub-surface water will receive added attention.

 

Facilitate private investment in Agriculture:  Efforts would be made to create conditions that encourages participation of the private enterprises in the establishment of Agro-based industries. An incentive package and guideline would be finalized ensuring participation of private sector & financial institutions in the Agricultural sector as a whole NABARD will have to play a major role in channelising investment . To meet local credit needs of farmers, Rural Credit Banks are to be set up.

 

Peoples participation : The new policy would encourage formation of “Self Help Group” , village committees at different levels . The village committee would be vested with the task of maintaining and managing the assets created so far like irrigation channel, terraces market shed etc.

Marketing infrastructure: Emphasis will be laid on development of marketing infrastructure and techniques of preservation, storage, and transportation etc. with a view to reduce the post harvest losses and ensuring a better return to the grower . Direct marketing and procurement by a notified State level procurement agency, as and when required with storage facilities of different items will be made available to the production areas. Upgradation and dissemination of market intelligence will receive particular attention. Efforts will be made to strengthen the market infrastructure.

Agro – processing : Setting up of Agro – processing units in production areas will be given due priority . To reduce post harvest wastage, effort would be made to add values specially to agricultural and horticultural produce by setting up small processing units. The small farmers Agricultural business consortium ( SFAC) will be activated to cater to the need of farmer entrepreneurs. Tea will be brought under Agriculture sector, but for processing it may be under industries Sector.

 

The Department of Agriculture, Govt of Arunachal Pradesh is initiating to step up production and productivity of crops with the following schemes under State Plan Program under 3 (Three) major Heads of development:

(1) Crop Husbandry
(2) Agriculture Research & Education
(3) Agriculture Marketing & Quality Control

 

 

 

 

Crops Husbandry

 

Following programmes are covered under Crop Husbandry to enhance the food production and cash crops in the State:-

  1. State Food Security Programme
    II. Integrated Nutrient Management (INM)
    III. Integrated Pest Management (IPM).
    IV. Seed Production Programme through Govt. Agriculture Farms
    V. Chief Minister’s Agricultural Mechanization Programme
    VI. Strengthening of HRD Institution & Agriculture Programme
    VII. Cash Crops Development Programme
    VIII. Major repairs and renovation of assets (Buildings)
    IX. Promotion of Agriculture
    X. Agriculture Employment Generation Programme
    XI. Up gradation of10 (Ten) Nos. of Laboratories.

 

Agriculture research and education


The Department seeks to provide adequate stress on research by reorganizing the existing structure and pooling the existing manpower to deal effectively aiming at generating research output for the extension functionaries. Efforts are also intended to take up Research Programme on improving the productivity and generating data that suggest steps required to minimize the ill effect of Jhumming. A documentary film on Paddy-cum-Fish-Culture is also proposed for wide publicity and brings awareness to the farmers in other Districts.

Education is also an Integral part of developing the human resources in the field of Agriculture. In this Programme in which students are proposed to be sent for higher studies leading to B. Sc. (Agri.) etc. The expenditure on their stipend/Book grants etc. are to be borne by the Department.

 

Agriculture Marketing & Quality Control

 

Over the years there has been a significant increase in the production of crops like Potato, Ginger, Mustard, Vegetable, Sugarcane, Chilly & Maize in the State. The farmers are now facing the new challenge for disposal of these commodities and are deprived of the remunerative prices. All these commodities are considered as surplus and providing appropriate market avenues to the farmers is the real challenge at present to the Department.

 

 

 

Centrally Sponsored Schemes

 

The following Centrally Sponsored Schemes are being implemented in the State:-

National Food Security Mission (NFSM)
National Food Security Mission (NFSM) Rice was launched during the year 2012-13 In the State under Central sector scheme with 100% allocation from Govt. of India tiII 2014- 15.

During the year 2014-15, NFSM- Pulses and (NFSM) Coarse cereals were included by Govt. of India. The main objective of the scheme is to:

  1. Increase the production of Rice, Pulses and Coarse cereals through expansion and productivity enhancement in a sustainable manner in the identified Districts of the State.
    II. Restoring soil fertility and productivity at the individual farm level and
    III. Enhancing farm level economy (i.e. farm profits) to restore confidence amongst the farmers.

During the year 2015-16, the Govt. of India has changed the funding pattern as 50:50 (Central & State share)

 

National Mission on Oilseed & Oil Palm (NMOOP)
During the last few years, the domestic consumption of edible Oils has increased substantially and has touched the level of 10.90 million tonnes in 2011-12 and is likely to increase further. With per capita consumption of vegetable oils at the rate of 16 kg / year/person for a projected population of 1276 million, the total vegetable oils demand is likely to touch 20.4 million tonnes by 2017. A substantial portion of our requirement of edible oil is met through import of Palm oil from Indonesia and Malaysia.

Basic features & objectives
National Mission on Oilseed & Oil Palm (NMOOP) envisages increase in production of vegetable oils from oilseeds, Oil Palm and TBOs from 7.06 million tonnes (average of 2007 – 08 to 2011-12) to 9.51 million tonnes by the end of 12th Plan (2016.17).

National Mission for Sustainable Agriculture (NMSA)
National Mission for Sustainable Agriculture is one of the 8 Eight) Mission outline under National Action Plan on Climate Change (NAPCC) aim at promoting sustainable Agriculture through a series of adoption measures focusing on improved crop seeds, livestock and Fish culture, water use efficiency, integrated pest disease and Nutrient Management, improve Farm practices and livelihood diversification through integrated farming system approach.

Main objectives


  1.  To make Agriculture more productive, sustainable, remunerative & climate resilient by promoting local specific integrated/composite farming systems.
    II. To conserve natural resources through appropriate soil & moisture conservation measures.
    III. To adopt comprehensive soil health management practices based on soil fertility map, soil test based application of macro & micro nutrient, judicious use of fertilizer etc.
    IV. To optimized utilization of water resources through efficient water management to expend coverage for achieving more crops per drop.
    V. To develop capacity of farmers and stake holders.
    VI. To establish an effective inter & intra Departmental / ministerial coordination for accomplishing key deliverables of NMSA.

 

Sub Mission on Agriculture Extension (SMAE)
The aim of the Sub-Mission of Agriculture Extension (SMAE) is to restructure and strengthen agricultural extension to enable delivery of appropriate technology and improved agronomic practices to farmers. This is envisaged to be achieved by a judicious mix of extensive physical outreach and interactive methods of information dissemination, use of ICT, popularization of modern and appropriate technologies, capacity building and institution strengthening to promote mechanization, availability of quality seeds, plant protection etc. and encourage aggregation of Farmers into Interest Groups (FIGs) to form Farmer Producer Organizations (FPOs).

In order to overcome systemic challenges being faced by the Extension System, there is a need for a focused approach in mission mode to disseminate appropriate technologies and relevant information to larger number of farmer households through inter personal and innovative methods of technology dissemination.

 

Rashtriya Krishi Vikash Yojana (RKVY)
Concerned by the slow growth in Agriculture and allied sectors, the National Development Council in its meeting held on 29th May 2007, had resolved to launch an Additional Central Assistant Scheme (ACAS) known as Rashtriya Krishi Vikash Yojana (RKVY) during the year 2007-2008 to Incentives the State Government to draw up strategic plans for natural resource issues and available technologies into accounts to enhance the public investment in Agriculture and allied sectors with a commitment to achieve 4% annual growth in Agriculture and allied sectors during 11th Five Year Plan.

 

 

 

 

 

 

 

 

Reasonable restrictions on fundamental rights and right to property

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Reasonable restrictions on fundamental rights and right to property

Fundamental Rights are the basic rights of the people and the charter of rights contained in Part III of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, religious and cultural freedom and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Though the Constitution of India guarantees all these Fundamental rights for the citizen, yet there are some limitation and exceptions of these rights also. A citizen can not enjoy Fundamental Rights absolutely or at will.

Reasonable’ means that which is in accordance with reason, and which is associated with logic and not arbitrariness. It implies intelligent care and deliberation that which reason dictates. The expression “reasonable restriction” signifies that the limitation imposed on a person in the enjoyment of the right should not be arbitrary or of an excessive nature beyond what is required in the interest of the public.

Within some Constitutional limitation citizen can enjoy their Rights. The Constitution of India imposes some reasonable restrictions upon enjoyment of these Rights so, that public order, morality and health remain intact . The Constitution always aims at restoration of collective interest along with individual interest .For example, right to religion is subject to restrictions imposed by the state in the interest of public order, morality and health so, that the freedom of religion may not be abused to committee crimes or anti-social activities . Similarly Rights guaranteed by article-19 does not mean absolute liberty . Absolute individual rights can not be guaranteed by any modern state . There fore our Constitution also empowered the state to impose reasonable restrictions as may be necessary in the larger interest of the community . our Constitution always attempts “ to strike a balance between individual liberty and social control .” and to establish a welfare state where collective interest got prominence over individual interest .Freedom of speech and expression (Art.19-1-A) is also subject to reasonable restrictions imposed by the state relating to defamation, contempt of court, decency or morality, security of the state, friendly relations with foreign states , incitement to an offence, public order, maintenance of the sovereignty and integrity of India . Freedom of assembly (Art.19-1-B) is also subject to reasonable restrictions imposed by the state that the assembly must be peaceful and without arms in the interest of public order. Freedom of press which is included in the wider freedom of expression is also subject to reasonable limitations and the state can impose restriction upon freedom of press in the larger interest of the state or for the prevention of contempt of court, defamation or incitement to an offence.

Right to property

Property, as a legal and social institution, has different forms in different cultures and legal systems. However, only a definition of Constitutional property is common in all democratic countries. Since state exercises eminent domain power against private property, it is pertinent to discuss the concept of private property in brief. The institution of private property has been a controversial issue with conflicting views, one completely denying the right to own private property and the other supports the holding of the private property. However, the right to property is a natural and inherent right of an individual.

After independence, no Fundamental right has caused so much trouble and has given so much of litigation between the government and citizens as the property right. The reason is that the central and state governments have enacted massive hysteron of laws to regulate property rights. First, the government undertook to reconstruct the agrarian economy, interalia, by trying to confer right to property on tillers, abolition of zamindaris, giving security of tenure to tenants, fixing a ceiling limit on personal holding of agricultural land and redistributing the surplus land among the landless. Secondly, in the area of urban property, measures have been taken to provide housing to the people, clearance of slums and planning, control rents, acquire property and impose a ceiling on urban land ownership etc., Thirdly, government has undertaken to regulate private enterprises and nationalization of some commercial undertakings. These various legislative measures have been undertaken to effectuate accepted goal of establishing a socialistic pattern of society. Hence Articles 31 and 19(1)(f)  were repealed. Historical evolution and demise of repealed Articles 31 and 19(1)(f) are still relevant for the understanding of constitutional developments of property right. Since the commencement of the Constitution fundamental right conferred by Article 31 and Article 19(1)(f) has been modified by six times by the constitutional amendments. The first amendment added two explanatory Articles 31-A & 31-B to the Constitution; the fourth amendment amended clause (2) of Article 31, added clause (2A) to the same Article, inserted new provisions in Article 31-A and enlarged the ninth schedule; the seventeenth amendment further elaborated the definition of ‘estate’ in clause (2) of Article 31-A; and the twenty fifth amendment amended Article 31(2), added clause (2-B) and added a new Article 31-C. In the forty second amendment Article 31-C was substituted by the words “ the principles specified in clause (b) or clause (c) of the Article 39” for the words “all or any of the principles laid down in part IV of the Constitution”.

finally forty fourth amendment repealed the entire Article 31 and Article 19(1)(f) & inserted Article 300A.

Ninth Schedule – A Protective Umbrella

Article 31-B, does not by itself give any fundamental right. The Acts and regulations placed under ninth schedule shall not be deemed to be void or ever to have become void on the ground of its inconsistency with any fundamental right. In Kameshwar Singh 80 case, the Supreme Court said that no Act brought under the ninth schedule could be invalidated on the ground of violation of any fundamental rights.

With the introduction of the above amendment, it became very easy for the Government to acquire property and to carryout different agrarian reforms. Firstly the acquisition laws under the fear of being challenged were inserted in the ninth schedule by the constitutional amendments and thereby the concerned laws were made immune from challenge against any of the fundamental rights guaranteed under part III of the Constitution.

So for now right to property in india is a statutory right under the article 300A of Indian constitution.

 

Factors responsible for the rise of Indian Nationalism. Activities of Indian National Congress from 1885 to 1920.

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ORIGIN OF NATIONALISM

The rise of Nationalism is reflected in the spirit of Renaissance in Europe when freedom from religious restrictions led to the enhancement of national identity. This expression of Nationalism was furthered by the French Revolution. The political changes resulted in the passing of sovereignty from the hands of an absolute monarch to the French citizens, who had the power to constitute the nation and shape its destiny. The watchwords of the French Revolution – Liberty, Equality and Fraternity – inspired the whole world. Many other revolutions like the American Revolution, the Russian Revolution, etc.  also strengthened the idea of Nationalism.

Rise of Nationalism in India

For India, the making of national identity was a long process whose roots can be drawn from the ancient era. India as a whole had been ruled by emperors like Ashoka and Samudragupta in ancient times and Akbar to Aurangzeb in Medieval times. But, it was only in the 19th Century that the concept of a national identity and national consciousness emerged. This growth was intimately connected to the anti-colonial movement. The social, economic and political factors had inspired the people to define and achieve their national identity. People began discovering their unity in the process of their struggle against colonialism.

The sense of being oppressed under colonial rule provided a shared bond that tied different groups together. Each class and group felt the effects of colonialism differently. Their experiences were varied, and their notions of freedom were not always the same. Several other causes also contributed towards the rise and growth of Nationalism. One set of laws of British Government across several regions led to political and administrative unity. This strengthened the concept of citizenship and one nation among Indians. This economic exploitation by the British agitated other people to unite and react against British Government’s control over their lives and resources. The social and religious reform movements of the 19th century also contributed to the feeling of Nationalism. Swami Vivekananda, Annie Besant, Henry Derozio and many others revived the glory of ancient India, created faith among the people in their religion and culture and thus gave the message of love for their motherland. The intellectual and spiritual side of Nationalism was voiced by persons like Bankim Chandra Chatterji, Swami Dayanand Saraswati and Aurobindo Ghosh. Bankim Chandra’s hymn to the Motherland, ‘Vande Matram’ became the rallying cry of patriotic nationalists. It inspired generations to supreme self-sacrifice. Simultaneously, it created a fear in the minds of the British. The impact was so strong that the British had to ban the song. Similarly, Swami Vivekananda’s message to the people, “Arise, awake and stop not till the goal is reached”, appealed to the Indians. It acted as a potent force in the course of Indian Nationalism.

Around this time many organizations were being formed which raised their voices against British rule. Most of these organizations were regional in nature. Some of these organizations were very active such as Bengal Indian Association, Bengal Presidency Association, Pune Public Meeting, etc. However it was felt that if these regional organizations could work jointly it would help the Indian masses to raise their voices against the British Rule. This led to the formation of Indian National Congress in the year 1885.

EMERGENCE OF INDIAN NATIONAL CONGRESS (1885)

The Indian National Congress was founded by Allan Octavian Hume in 1885. Hume was a retired Civil Service Officer. He saw a growing political consciousness among the Indians and wanted to give it a safe, constitutional outlet so that their resentment would not develop into popular agitation against the British rule in India. He was supported in this scheme by the Viceroy, Lord Dufferin, and by a group of eminent Indians. Womesh Chandra Banerjee of Calcutta was elected as the first President. The Indian National Congress represented an urge of the politically conscious Indians to set up a national organization to work for their betterment. Its leaders had complete faith in the British Government and in its sense of justice. They believed that if they would place their grievances before the government reasonably, the British would certainly try to rectify them. Among the liberal leaders, the most prominent were Firoz Shah Mehta, Gopal Krishna Gokhale, Dada Bhai Naoroji, Ras Behari Bose, Badruddin Tayabji, etc. From 1885 to 1905, the Indian National Congress had a very narrow social base. Its influence was confined to the urban educated Indians. The early aims of this organization were limited only to communicate with British government on behalf of the Indian people and voice their grievances. It was rightly called the era of the Moderates.

Initial stages of Indian National Congress

The congress placed its demands before the government always in the form of petitions and worked within the framework of law. It was for this reason that the early Congress leaders were referred to as ‘Moderates’. During its first twenty years the Congress made moderate demands. The members placed their demands before the Government always in the form of petitions and worked within the framework of law. It was for this reason that the early Congress leaders were referred to as ‘Moderates’ They asked for: (a) representative legislatures, (b) Indianization of services, (c) reduction of military expenditure, (d) education, employment and holding of the ICS (Indian Civil Services) examination in India, (e) decrease in the burden of the cultivators, (f) defense of civil rights, (g) separation of the judiciary from the executive, (h) change in the tenancy laws, (i) reduction in land revenue and salt duty, (j) policies to help in the growth of Indian industries and handicrafts, (k) introduction of welfare programmes for the people. Unfortunately, their efforts did not bring many changes in the policies and administration of the British in India. In the beginning, the Britishers had a favourable attitude towards the Congress. But, by 1887, this attitude began to change. They did not fulfill the demands of the Moderates. The only achievement of the Congress was the enactment of the Indian Councils Act, 1892 that enlarged the legislature by adding a few nonofficial members and passing of a resolution for holding Indian Civil Services Examination simultaneously in London and in India. Many leaders gradually lost faith in the Constitutional process. Even though the Congress failed to achieve its goal, it succeeded in creating national awakening and instilling in the minds of the Indian people a sense of belonging to one Nation. They provided a forum for the Indians to discuss major national issues. By criticizing the government policies, they gave the people valuable political training. Though, They were not ready to take aggressive steps which would bring them in direct conflict with the Government. The most significant achievement was the foundation of a strong national movement. The Britishers who were earlier supporting the Moderates soon realized that the movement could turn into a National force that would drive them out of the country. This totally changed their attitude. They passed strict laws to control education and curb the press. Minor concessions were given so as to win over some Congress leaders. The British Viceroy, Lord Curzon was a staunch imperialist and believed in the superiority of the English people. He passed an Act in 1898, making it an offence to provoke people against the British rulers. He passed the Indian Universities Act in 1904, imposing stiff control over Indian Universities. Curzon was out to suppress the rising Nationalism in India. This was evident from what he did in 1905.

PARTITION OF BENGAL (1905)

Curzon announced the partition of Bengal. The reason for partition was given as an attempt to improve administration. But the real aim was to ‘Divide and Rule’. The partition was done in order to create a separate State for Muslims and so introduce the poison of communalism in the country. However the Indians viewed the partition as an attempt by the British to disrupt the growing national movement in Bengal and divide the Hindus and Muslims of the region. Widespread agitation ensued in the streets and in the press. People of different parts of India opposed the partition of Bengal all over the country. This opposition was carried on by organized meetings, processions and demonstrations etc. Hindus and Muslims tied ‘rakhi’ on each other’s hands to show their unity and their protest. The use of Swadeshi (made in our own country by our own people) goods, business, national education and Indian languages were encouraged. The new nationalist spirit of self reliance- shed the fear of repression including imprisonment and painful torture by the British rule. It was Bal Gangadhar Tilak who realized the importance of boycott as a weapon that could be used to paralyze the whole British administrative machinery in India. The boycott and Swadeshi movements were instrumental in the establishment of swadeshi enterprises – textile mills, banks, hosiery, tanneries, chemical works and insurance companies. Swadeshi stores were opened. Volunteers supplied goods at the doorstep of every household. The movement spread to all classes and groups of people. Everyone, including women and children, came forward to take part. The most active were school and college students. This made the British reverse the partition of Bengal and unite it in 1911. During this time, the role of Radical Nationalists in the Indian National Congress, who were called the ‘Garam Dal’, came to be appreciated. They tried to involve people from all classes and groups including peasants, worker, students as well as women. They succeeded in uniting the Indian people against the common enemy – the British. The young people were roused to the highest level of patriotism and zeal to free their country. They helped in making people self confident and self reliant. They also revived the Indian Cottage industry.

THE RISE OF RADICAL NATIONALISTS

The mild policies of the Moderates in the Congress led to the rise of passionate, radical nationalists, who came to be called the ‘Garam Dal’. Thus the first phase of the nationalist movement came to an end with government reaction against the Congress on the one hand and a split in the Congress in 1907 on the other. That is why the period after 1905 till 1918 can be referred to as the ‘Era of Passionate Nationalists or Garam Dal’. Lala Lajpat Rai, Bal Gangadhar Tilak and Bipin Chandra Pal (Lal-Bal-Pal) were important leaders of this Radical group. When the Moderates were in the forefront of the action, they had maintained a low profile but now they swung into action. Their entry marked the beginning of a new trend and a new face in India’s struggle for freedom. According to them, the Moderates had failed to define India’s political goals and the methods adopted by them were mild and ineffective. Besides, the Moderates remained confined to the upper, landed class and failed to enlist mass support as a basis for negotiating with the British.

The Garam Dal realized that the British were out to exploit Indians, destroy their self-sufficiency and drain India of its wealth. They felt that Indians should now become free of foreign rule and govern themselves. This group, instead of making petitions to the government, believed in organizing mass protests, criticizing government policies, boycotting foreign goods and use of Swadeshi (home-made) goods etc. They did not believe in depending on the mercy of the Britishers, but believed that freedom was their right. Bal Gangadhar Tilak gave a slogan ‘Freedom is our birth right and we must have it’. In 1916 the two groups were again united with the efforts of Mrs. Annie Besant. She started working for the Home rule movement in 1914. She was convinced that India should be granted Self-Government. In 1916, Muslim League and Congress also came to an understanding with each other and signed the Lucknow Pact. Later, Mahatma Gandhi, Jawahar Lal Nehru, Subhash Chandra Bose became the eminent figures of Indian National Congress, who led the freedom movement of India forward.

FORMATION OF THE MUSLIM LEAGUE (1906)

As the radical movement grew stronger the British began to look for ways and means to break the unity among Indian. They tried to do this through the partition of Bengal and by sowing the seed of communalism among Indian people. They motivated Muslims to form a permanent political association of their own. In December, 1906, during the Muhammadan Educational conference in Dacca, Nawab Salim Ullah Khan raised the idea of establishing a Central Muhammadan Association to take care of Muslim interests. Accordingly, on 30th December, 1906, the All India Muslim League was founded. Another prominent person, Aga Khan was chosen as its president. The main objective of the league was to protect and advance the rights of Muslims in India and represent their needs to the government. By encouraging the issue of separate electorates, the government sowed the seed of communalism and separatism among Indians. The formation of the Muslim League is considered to be the first fruit of the British master strategy of ‘Divide and Rule’. Mohammad Ali Jinnah later joined the League.

MORLEY-MINTO REFORMS (1909)

The Council Act of 1909 was an extension of the 1892 reforms, also known as the Morley-Minto Reforms after the names of the then Secretary of State (Lord Morley) and the then Viceroy (Lord Minto). It increased the members of the Legislative Assembly from sixteen to sixty. A few non-elected members were also added. Though the members of the Legislative Council were increased, they had no real powers. They remained mainly advisory in character. They could not stop any bills from being passed. Nor did they have any power over the budget.

The British made another calculated move to sow the seed of communalism in Indian politics by introducing separate electorates for the Muslims. This meant that from the constituencies dominated by Muslims only Muslim candidates could be elected. Hindus could only vote for Hindus, and Muslims could only vote for Muslims. Many leaders protested against this communal electorate policy of the British to ‘Divide and Rule’.

THE NATIONAL MOVEMENT DURING THE FIRST WORLD WAR

The First World War started in the year of 1914. This War was fought among the nations of Europe to get colonial monopoly. During war time, the British Government made an appeal to the Indian leaders to join hands with them in their time of crisis. Indian leaders agreed but they put their own terms and conditions i.e. after the war was over, the British government would give Constitutional (legislative and administrative) powers to the Indian People. Unfortunately, the steps taken by the British government during the World War I created unrest among the Indian people. This was because the British government had taken a huge loan during war time which they had to repay. They increased rent from the land, i.e. lagan. They forcefully recruited Indians in the British Army. They increased the price of necessary goods and imposed taxes on personal and professional income. As a result, they had to face protest from the Indian society. Farmers and workers of Champaran, Bardoli, Kheda and Ahmedabad actively protested against the exploitative policies of British government. Lakhs of students left schools and colleges. Hundreds of lawyers gave up their practice. Women also significantly contributed in this movement and their participation became wider with the emergence of Gandhi. The boycott of foreign cloth became a mass movement, with thousands of bonfires of foreign cloth lighting the Indian sky.

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